ODISHA GRAMA PANCHAYAT RULES, 2014

PREAMBLE

Whereas, the draft of the Odisha Grama Panchayat Rules, 2014 which the State Government Propose to make was published as required by Sub-Section (1) of Section 150 of the Odisha Grama Panchayat Act, 1964 (Odisha Act 1 of 1965), in the Extra ordinary issue No. 314 of the Odisha Gazettee dated the 23rd February, 2013 as SRO No. 114/2013 inviting objections and suggestions from persons likely to be affected thereby till the expiry of a period of thirty days from the date of publication of the said notification in the Odisha Gazettee;

And whereas, suggestions in respect of the said draft has been received during the stipulated period which is duly considered by the State Government;

Now, therefore, in exercise of the powers conferred by section 150 of the said Act, the State Government do hereby make the following rules, namely:-

Rule - 1. Short Title and Commencement.

(1)     These Rules may be called the Odisha Grama Panchayat Rules, 2014.

(2)     They shall come into force on the date of their publication in the Odisha Gazette.

Rule - 2. Definitions.

(1)     In these Rules, unless the context otherwise requires,-

(a)      "Act" means the Odisha Grama Panchayat Act, 1964;

 

(b)      "Auditor" means an officer appointed under sub-section (3) of section 100 of the Act;

 

(c)      "Clear days" includes Sundays and holidays but does not include the day of the meeting and the day of the issue of the notice;

 

(d)      "District Panchayat Officer" means an officer appointed as such, by the State Government to assist the Collector in the administration of Grama Sasan in the district;

 

(e)      "D.R.D.A." means District Rural Development Agency;

 

(f)       "Employee" means the Secretary and such other employees of the Grama Sasan as appointed under section 123 of the Act;

 

(g)      "Executive Officer" means an executive officer appointed under section 122 of the Act;

 

(h)     "Form" and "Format" shall respectively mean a Form or a Format appended to these Rules as the case may be;

 

(i)       "Loan" means a loan made, taken or raised under the Act;

 

(j)       " Local area" means the area within the jurisdiction of a Grama Panchayat;

 

(k)      " Rules of Business" in the context means the Rules of Business of the Gram Panchayat relating to the meeting etc and Bye-Laws annexed to these Rules; and

 

(l)       "Term of loan" means the period elapsing between the date on which the loan is completely made, taken or raised and the date on which it is completely repaid with interest.

(2)     The words and expressions used but not defined in these Rules shall have the same meaning as respectively assigned to them in the Act.

Rule - 3. Meetings of Grama Sabha.

(1)     The Grama Sabha, so far as may be practicable shall be held by rotation from time to time in each of the villages of the Grama at a convenient place as the Sarpanch may determine, from time to time,-

(a)      The annual and half-yearly meetings of the Grama Sabha shall be held in the months of February and June respectively;-and

(b)      The meetings of the Grama Sabha shall also be held on 26th January, 1st May, 15th August, 2nd October of a calendar year.

(2)     The Sarpanch or the Collector or any other person empowered by the Government in that behalf may call for a special meeting of the Grama Sabha whenever it deems necessary,-

(a)      The Executive Officer after receiving approval of the Sarpanch, or after receiving requisition shall issue notice of the meetings;-and

(b)      The date and time of the meeting including the special meeting under sub-rule (3) shall be fixed by the Sarpanch.

(3)     At least fifteen clear day's notice of a meeting of Grama Sabha shall be given,-

(a)      Copy of the notice shall be served on every Ward Member;

(b)      The Executive Officer shall circulate the notice in a Notice Book which shall be signed by each of the Ward Members; and

(c)      In case of absence of any Ward Member, the notice shall be served through the process of affixture in the presence of two witnesses.

(4)     Accidental failure of service of notice on any member shall not invalidate the proceedings of any meeting.

(5)     The notice shall set forth clearly and fully the business to be transacted at the meeting, but the Sarapanch may bring forward any motion or proposition not in the notice.

(6)     The agenda of the meeting shall be prepared by the Sarapanch of the Grama Panchayat which shall include such subjects as are assigned to the Grama Sabha.

(7)     The notice of the meeting of the Grama Sabha shall be published in the local area,-

(a)      by fixing a notice at conspicuous places including weekly market places, high schools, primary schools, post offices, hospitals and anganwadi centers, within the Grama; and

(b)      by beat of drum or through announcement by speech equipment in every village-

(8)     (a) If at a meeting of the Grama Sabha the quorum is not present, the Sarapanch or the President of the meeting shall adjourn the meeting until such other day as he thinks fit, of which not less than three days notice shall be given.

(b) The quorum under clause (a) shall include one-third of the members present are women members.

(9)     The Sarapanch or in his/her absence the Naib Sarapanch or in absence of both the members present at the meeting shall elect from among themselves, a person to be the President of the meeting.

(10)   Whenever the President of the meeting finds it necessary to temporarily leave the chair, he may call any other member to preside.

(11)   At a special meeting only the business for which the meeting was called shall be considered.

(12)   Notwithstanding anything contained in sub-rule (5) [of Rule 3], it shall be competent for the Grama Sabha at a meeting to transact any business other than those set forth in the notice.

(13)   All questions which may come before the Grama Sabha shall be decided by majority of votes. In case of equalities of votes the President of the meeting shall have a second or casting vote.

(14)   The voting by proxy is prohibited. No member shall vote upon any motion for amendment unless he be present in person at the time when it is put to vote.

(15)   The business in the meetings shall be transacted and the minutes of proceedings shall be recorded in Odia.

(16)   The Secretary or in his absence the Executive Officer of the Grama Panchayat shall record the proceedings of the meeting and in the absence of both, the Sarapanch shall take such steps, as may be necessary for correct recording of the proceedings.

(17)   The minutes of the proceedings shall be entered in a book to kept for the purpose and shall be signed by the President of the meeting and such book shall be open for inspection of the members.

(18)   Notwithstanding anything contained in these rules, the decisions taken by the Grama Sabha shall be final.

Rule - 4. Meetings of Palli Sabha.

 The meetings of the Palli Sabha shall be held at such public place within the Palli Sabha area as may be determined by its representatives in the Grama Panchayat or by the Grama Panchayat or by the person requisitioning the meeting, as the case may be,:

Provided that, the President of the meeting shall, as far as possible, ensure that at least one-tenth of the members present in the Palli Sabha meeting are women.

Rule - 5.

(a)      The Sarapanch shall arrange for convening the meeting of the Palli Sabha which shall meet in the month of February every year and the date and time for holding such meeting shall be fixed by it two weeks in advance.

 

(b)      If the Sarapanch requires the Palli Sabha to hold an extraordinary meeting either of its own or on a requisition in writing of not less than one-fifth of the members of Palli Sabha, the date, time, place and subject for discussion in such meeting shall be fixed by the Sarapanch at least fifteen days' in advance.

 

(c)      The Block Development Officer may require the Sarapanch to call for a special meeting of the Palli Sabha whenever circumstances may so require.

 

(d)      The Executive Officer after receiving approval of the Sarapanch under clause (a) or (b) or requisition under clause (c) shall issue notice of the meetings as provided in the rules.

 

(e)      The meeting shall be held in a public place within the area of the Palli Sabha to be decided by the Grama Panchayat and wide publication of the date, time and place of the same along with subject for discussion shall be given by beat of drum or through announcement by speech equipment within the Palli Sabha area.

 

(f)       The Grama Panchayat in a meeting shall fix the President of the Palli Sabha as required under sub-section (4) of section 6 of the Act.

Rule - 6.

Where the meeting is requisitioned by not less than one-fifth of the members of the Palli Sabha, the requisition shall be addressed to the Sarapanch thirty days in advance and it shall state the place, date and time of the meeting. In case the Sarapanch of the Grama Panchayat fails to convene the meeting on the date mentioned in the requisition, the members who sign the requisition may call the meeting on the date and at the time and place mentioned in the requisition and the person representing the Palli Sabha area in the Grama Panchayat appointed by the Grama Panchayat under clause (f) of rule-5 shall preside over the meeting and in the absence of such member or members of the Palli Sabha, those present in the meeting may elect by open voting one from among themselves to preside over the meeting.

Rule - 7.

At least fifteen (15) clear days notice of the meeting of a Palli Sabha shall be given,-

(a)      by affixing of a notice at once at one or more conspicuous places; and

(b)      by beat of drum or through announcement by speech equipment.

Rule - 8.

All questions which may come before the meeting of the Palli Sabha shall be decided by a majority of votes. In case of equality of votes the President of the meeting shall have a second or casting vote.

Rule - 9.

The voting by proxy is prohibited. No members shall vote upon any motion or amendment unless he is present in person at the time when it is put to vote.

Rule - 10.

(1)     The proceeding of the Palli Sabha shall be recorded by the Secretary or in his absence by the Executive Officer in a book to be kept for the purpose in Odia and shall be signed by the President of the meeting and such book shall be open to the general public for inspection.

 

(2)     A person of the office of the Panchayat Samiti authorized by the Block Development Officer shall sign the proceedings of the meeting.

 

(3)     In case the President of the meeting refuses to sign the proceedings, such proceedings signed by the authorized person under sub-rule (2) shall be treated as authenticated.

Rule - 11. Traveling allowances for Sarpanch and Members.

(1)     There shall be paid from the Grama Fund to the Sarapanch and members of a Panchayat, Traveling allowances for any work of the Panchayat outside the Panchayat area in the following manner,-

(a)      for journey by train (Non-Air Conditional compartment) and bus, the actual fare paid; and

(b)      daily allowances at the rate of, as may be prescribed by Government from time to time, per day or any part thereof.

(2)     The Traveling allowance and daily allowance shall be paid only after the claimant submits a detailed bill showing the particulars of journey made with reference to date and places visited, the mode of transport used and the distance traveled. The total amount claimed shall be written both in words and figures.

(3)     Details of the Traveling allowance bills claimed and passed shall be maintained in the Traveling allowance acquaintance roll in Form No. 1.

Rule - 12. Regulation of Movement of Cattle for Protection of Crop.

The Sarapanch may, with the approval of the Grama Panchayat, arrange to regulate the movement of the stray cattle in the area where the owners of such cattle have made no arrangement to guard them against any possible damage to the standing crop.

(a)      The Grama Panchayat in such cases shall charge from the owners of such cattle the cost of guarding such cattle. In any case, the total levy shall not be more than the cost of such guarding of cattle in a particular village.

(b)      If the owner of the cattle refuses to pay the same, the Grama Panchayat shall recover the money as if it is the due of the Grama Panchayat.

Rule - 13. Execution of Development Works.

(1)     The works, which Grama Panchayat are required to execute may be generally of the following categories;-

(i)       Works taken up out of their own resources including allocation of cess, Kendu Leaf grants or any other general revenues that may be assigned to the Grama Panchayats; and

(ii)      Works taken up out of allocation made by the Union Government or State Government to Grama Panchayats for specific purposes by way of grants, as the case may be.

(2)     Works taken up out of loan sanctioned by the Government for specific purpose.

(3)     Works taken up out of contribution from a permissible source.

Rule - 14.

(1)     Works under clause (i) of sub-rule (1), sub-rule (2) and sub Rule (3) of rule 13 shall be executed in the following manner;-

(i)       by the Grama Panchayat departmentally without engaging contractor; or

(ii)      through the village labourers leader selected by the Palli Sabha.

(2)     Works under clause (ii) of sub-rule (1) of rule 13 shall be executed as per guidelines issued by the Government for specific purposes.

(3)     For the purpose of execution of the works by the Grama Panchayat under sub-rule (1), (2) and (3) muster rolls and other required documents shall be maintained by the Secretary or in his absence the Executive Officer.

(4)     In making purchase of materials required for the works executed under sub-rule (1), (2) and (3) of this rule, the Grama Panchayat shall purchase such materials as may be required at the rate approved by the District Purchase Committee under sub-rule (2) of rule 68 of the Odisha Panchayat Samiti Accounting Procedure Rules, 2002:

Provided that in the case of approved rate under sub-rule (4) is not available, the Grama Panchayat may make purchases following the procedure prescribed in the Odisha General Financial Rules.

(5)     All purchases made during a month shall be placed before the Grama Panchayat in its next meeting for approval.

(6)     An Inventory Register with details description of stock and store item shall be maintained by each Gram Panchayat in FORMAT-VII.

A stock register to be maintained as per Form OGFR-7 of Rule-93 of OGFR. A separate page shall be allotted to each article. Entries are to be made indicating receipt and issue of articles and balance available date wise and the stock register shall be signed by the Sarapanch and the Executive Officer.

(7)     (a) Physical verification of store shall be carried out at least once in every six months by the Sarapanch and the Executive Officer and he shall record a certificate regarding balance available, excess, shortage and unusual depreciation of stores as the case may be.

(b) Audit of accounts of Store and Stock is to be conducted in accordance with the regulation embodied in Annexure 7 of OGFR Vol-II as per Rule 97 of OGFR Vol-I.

Rule - 15.

(1)     The Sarapanch, the Naib-Sarapanch or the members of the Grama Panchayat as well as the functionaries of the Panchayat Samiti and Zilla Parishad and employees of the Grama Panchayat shall on no account take up the execution of any work:

Provided that when the works are executed departmentally under sub-rule (2) of rule 27 responsibilities may be given to employees for execution of works as per guidelines of respective scheme.

(2)     (a) Before engaging a contractor, tender shall be invited, wherever required, in Form No. 3 by the Secretary or in his absence the Executive officer of the Gram Panchayat which shall be notified in the notice board of the Grama Panchayat, copies of which shall also be communicated to the Panchayat Samiti, Sub-Collector and Collector.

(b) Tender shall be received in Form No. 4.

(c) The tender shall be opened by the Secretary or in his absence by the Executive Officer of the Grama Panchayat in the presence of the Sarapanch and the tenderers who may be present. The Sarapanch shall place the tenders along with a comparative statement before the Grama Panchayat for acceptance. The persons whose tender is finally accepted by the Grama Panchayat shall be required to execute a contract in Form No. 5 which need not be registered.

(3)     The Grama Panchayat shall prepare its own panel of executants who shall be the residents of the Panchayat having such other qualifications as may be decided by the Grama Panchayat for the purpose of execution of development works.

(4)     (a) A person may apply to the Sarapanch of the Grama Panchayat for being enlisted as a contractor of the Grama Panchayat. The application shall be accompanied with a fee of rupees one thousand only duly deposited in the Grama Panchayat. The Sarapanch shall place the application in the next meeting of the Grama Panchayat for consideration. After the Grama Panchayat approves the candidature the name of the applicant shall be included in the list of contractors.

(b) The Grama Panchayat shall be competent to delete the name of a contractor from the list of contractors, for the reasons to be recorded in writing, after giving the affected person a reasonable opportunity of being heard.

(5)     Before drawing up tender notices, the Sarapanch of a Grama Panchayat shall consult the authorities mentioned below in respect of the works mentioned against each,-

Rule - 16.

(1)     The procedure relating to preparation of plan and estimate, according administrative approval, recording measurement and check-measurement of all categories of works taken up by Grama Panchayat shall be as follows:-

(A)     Works Costing Upto Rs. 50,000/-

(B)     Works Costing above Rs. 50,000 Below Rs. 1 Lakh

(C)     Works Costing more than Rs. 1 lakh

(D)     The Authorities and their power of acceptance of tender shall be as follows,-

(E)     Where no contractor comes forward to submit tender for any work, the Grama Panchayat may execute the work through negotiations.

(2)     Notwithstanding anything contained in these rules no work shall be split up by any authority for any reason whatsoever.

(3)     (a) All Projects referred to in sub-rule (1),(2) and (3) shall be placed before the Grama Panchayat in a meeting for approval before commencement of the work.

Explanation- The word "work" referred to in this sub-rule means all or any kind of work undertaken or executed by the Grama Panchayat from out of its own fund or under any scheme implemented through the Grama Panchayat.

(b) The work order shall be issued by the Sarapanch in Form No. 6 after approval of the projects by the Grama Panchayat under clause (a).

(4)     Where a work is executed departmentally, no work order is necessary.

(5)     (a) The schedule of rates as applicable to the works executed by the Panchayat Samiti, shall be mutatis mutandis apply to Grama Panchayat works

(b) Rates allowed over and above the schedule of rates by the Collector under sub-rule (7) of Rule 82 and sub-rule (2) of Rule 83 of the Odisha Panchayat Samiti Accounting Procedure Rules, 2002 shall mutatis mutandis apply to Grama Panchayats situated within the Panchayat Samiti area.

(6)     (a) The Junior Engineer of the Block shall record the measurement of the work, estimated cost of which does not exceed Rs. 50,000/-.

(b) No check-measurement is required for the work falling under clause (a) and the bill shall be prepared and payment be made on the basis of measurement only.

(c) The Junior Engineer and Assistant Engineer of the Block shall respectively record measurement and check-measurement of the work, estimated cost of which exceeds Rs. 50,000/-.

(d) The measurement/check-measurement or both, as the case may be, shall be taken in presence of the Sarapanch, Executive Officer, and the concerned Ward Member.

(7)     (a) If the Grama Panchayat is not satisfied with the measurement recorded by the Junior Engineer or Assistant Engineer, as the case may be, it may refer the matter to the next higher authority for re-check and scrutiny.

(b) After the re-check is conducted by the appropriate authority, the bill shall be paid to the executants.

(8)     For the purpose of rescinding a work order, a notice shall be issued to the executants intimating the date and time when measurements of works done by him are to be recorded in his presence. On the date and time so fixed, measurements shall be recorded in the presence of the executants or in his absence, in the presence of witnesses and bills are to be finalized on the basis of measurements so recorded.

Rule - 17.

For the purpose of recording measurement and check measurement, the measurement book and the case record shall be received by the engineering personnel of the Panchayat Samiti from the Secretary or in his absence from the Executive Officer and shall be returned within a period not exceeding seven days.

Rule - 18.

(1)     Grama Panchayat shall have the power to take up simple nature of works like repair and maintenance of Grama Panchayat properties and in such cases the provisions of rules 15 and 16 shall not apply.

 

(2)     The total expenditure of Grama Panchayat under sub-rule (1) shall not exceed Rupees twenty thousand during a financial year.

 

(3)     The Executive Officer shall prepare plan and estimate and obtain administrative approval from the Sarapanch and record measurement of the works in the presence of the Sarapanch and respective Ward Member. Check-measurement is not necessary for execution of works under sub-rule (1).

Rule - 19.

No work shall be commenced or liability incurred in connection with any work until,-

(a)      the Grama Panchayat has approved the execution of the work;

 

(b)      fund is available to meet the expenditure during the financial year; and

 

(c)      Administrative approval has been obtained from the competent Authority;

Rule - 20.

(1)     The Grama Panchayat shall not deviate from the sanctioned plan and estimate and rates prescribed in the schedule of rates.

(2)     Where the work to be executed is from contribution from any source, the estimate shall specifically indicate such contribution in the shape of money. The amount of contribution shall be deposited with the Grama Panchayat before the commencement of the work.

(3)     When fund is received from the Government or any other authority authorized by the Government for execution of specific work/works, the Grama Panchayat shall execute the work/works in accordance with the terms and conditions imposed by the Government or the authority so authorized by the Government.

Rule - 21.

(1)     The Advances payable to Grama Panchayat for execution of works shall be paid to the Secretary or in his absence to the Executive Officer who shall issue a receipt in Form No. 7. The advance so received shall be credited to the Grama Fund.

 

(2)     The Grama Panchayat shall maintain a case record for each individual work taken out of advances received under sub-rule (1).

 

(3)     The Advances unutilized or unaccounted for shall be returned forthwith with interest, if not utilized, within the period specified by the granting authority.

Rule - 22.

(1)     Measurements of works done or supplied made, shall be kept on record in the printed measurement books in Form No. 8. Measurements of works done shall be recorded at the end of each week or at suitable interval for preparation of running account bills or final bill, as the case may be, in Form No. 9. When the work is completed, final measurements and check-measurements whenever necessary shall be recorded immediately. In no case the final bills be prepared and paid before the work is completed. The measurements books shall be available for inspection by Auditors and all other inspecting officers.

 

(2)     After the work is completed, the completion certificate shall be signed by the Executive Officer and the Sarapanch in Form No. 10. The final utilization certificate shall then be prepared by the Executive Officer of the Grama Panchayat and with the recommendations of the Grama Panchayat to be placed before the Grama Sasan for approval.

 

(3)     After obtaining the approval of the Grama Sasan, the utilization certificate shall be issued by the Executive Officer to the Disbursing Officer.

 

(4)     All measurement books shall be numbered serially in register which shall show the names of officers to whom the books are issued, the date of issue and the date of return to the Executive Officer. Books no longer in use, though not completely written up, shall be promptly returned to the Executive Officer:

Provided that proper acknowledgement of the technical persons shall be obtained in the register at the time of issue and return of Measurement Book.

Rule - 23.

Advance to Executants under any scheme is prohibited. Exceptions are, however, permitted in rural employment programme as per specific scheme guidelines approved by the Government.

Rule - 24.

When an advance is drawn under Rule 23, following procedure shall be followed, namely;-

(a)      No advance shall be given if previous advance for the same work/supply is outstanding;

 

(b)      A second advance for any work shall not be granted until the first advance has been accounted for;

 

(c)      Money shall not be advanced unless there is reason to believe that the work for which money is required will be completed and paid for within the same financial year;

 

(d)      Officer granting advance shall be held responsible for any over payment, which may occur in consequence;

 

(e)      The advance granted for one purpose shall not be diverted to other purposes;

 

(f)       Advance shall be regularly and promptly adjusted;

 

(g)      Any unspent balance of an advance shall be immediately refunded in shape of cash and promptly deposited in the proper head of account of the bank; and

 

(h)     Payment of advances shall not be exhibited as final expenditure in the cash book.

Rule - 25.

Payment of advances in first instance shall be entered in the Cash Book as a red entry in the inner column of expenditure side of the cash book. But such items shall not be added to the other items of expenditure and shall not form the part of the total expenditure. All advances shall be noted in the Register of Advances in Form No. 11

Rule - 26.

(1)     Recovery of advances when made from the bill of the executants or other individual's bill shall be passed by the Sarapanch in the same manner as other bills are passed. The pass order shall run thus,-

Passed for Rs. ......................... pay Rs. ........................ in cash/cheque and adjust Rs. .......................... by credit to-

(i)       Work concerned (cost of material advance, secured advance) Rs. ........................

(ii)      Miscellaneous deposit (security deposit, etc.) Rs. .............

(iii)     Other works (for recoveries in respect of other works) Rs. ......................

Amount adjusted shall be exhibited in the cash book. If advance is adjusted by way of refund of cash, such recovery shall be exhibited in the inner column of receipt side of the cash books in red ink but the same shall not be added to the other items of receipts and shall form no part of the total receipts.

(2)     All Payment of Gram Panchayat shall be in the form of account payee cheque only including advance and recovery of advance shall be watched through register of advances, cash book and register of works.

(3)     The Grama Panchayat shall review in its monthly meeting the advances outstanding and the progress of the works for which advances were given.

Rule - 27. Supervision of Works.

(1)     It shall be the responsibility of the concerned standing committee of the Grama Panchayat to generally supervise the progress of execution of different works taken up by the Grama Panchayat within its local area. For this purpose the standing committee may allot specific works to different members.

(2)     The concerned standing committee of the Grama Panchayat shall place, before every monthly meeting of the Grama Panchayat, a report showing the progress of different items of work and the Grama Panchayat shall review the report in detail.

Rule - 28.

The Sarapanch and the Naib-Sarapanch, if so authorized by the Sarapanch, shall be responsible for making a detailed and systematic supervision of the execution of different works within the local area. He shall keep the Grama Panchayat and the Block Development Officers informed of matters that require their attention.

Rule - 29.

(1)     It shall be the responsibility of the Block Development Officer to exercise overall supervision with regard to the proper execution of all works taken up by the Grama Panchayat and to closely watch progress. He shall ensure that the assistance of engineering personnel is made available to the Grama Panchayat in time according to requirement for preparation of plans and estimates and measurement of works from time to time. He shall inform the Collector and Project Director, District Rural Development Agency (DRDA) regarding irregularities or lapses which come to his notice in the course of supervision or otherwise.

(2)     The District Panchayat Officers, the Assistant Engineer of the Panchayat Samiti and the Gram Panchayat Extension Officers shall make physical checks and also supervise the progress of the execution of works by the Grama Panchayats, the utilization of funds allocated to the Grama Panchayats, the maintenance of accounts relating thereto with special reference to the adjustment of advances for various works. Irregularities or lapses which are detected in course of supervision shall be reported to the Block Development Officer, Project Director, District Rural Development Agency (DRDA) and Collector as the case may be.

Rule - 30. Powers in Respect of Private Water Supply.

(1)     A person upon whom a notice has been served under sub-section (1) of Section 50 of the Act may within thirty days from the date of the notice appeal to the Sub-Collector where upon the said officer, may stay the operation of the order till disposal of the appeal and after giving such notice of the appeal to the Grama Panchayat, modify, set aside or confirm the order.

(2)     When the Sub-Collector confirms or modifies the order, he may fix a fresh period within which the order contained in the notice as confirmed or modified shall be carried out.

Rule - 31.

(1)     The Grama Panchayat may, by order, publish at such places as it may think fit, set apart for supply of water to the public for domestic purposes any public tank, well stream or water course.

(2)     The Grama Panchayat may, by order, publish at such places as it may think fit, prohibit bathing, washing of clothes and animals or other acts calculated to pollute the water of any public tank, well, stream or water course, set apart for domestic purposes under sub-rule (1).

Rule - 32. Places of Public Resort for Entertainment.

 No license shall be granted for the use of any permanent or temporary building or enclosure for holding cinema unless a license has been obtained from the appropriate authority under the Odisha Cinemas (Regulation) Act, 1954 and the rules framed thereunder. In regard to other places of public resort of entertainment such as Theatres, Circus and the like no license shall be granted by the Grama Panchayat unless a license has been obtained from the appropriate authority.

Rule - 33.

Licenses granted under these rules may be for one year in case of permanent building used as public resort or entertainment. Temporary license may be granted in cases of a building or enclosure used for a traveling Circus or other performances for a period not exceeding one month at a time.

Rule - 34.

In the event of out-break of epidemic or contagious disease in the locality, the Grama Panchayat may, by of order direct that the place in respect of which license has been granted under these rules shall not be used for purpose of public resort or entertainment for such periods as may be specified in the order. It shall also have power to refuse to grant a license in similar circumstances.

Rule - 35.

For every license granted or renewed under these rules there shall be charged fee the amount of which shall be approved by the Grama Panchayat in respect of permanent building or open space subject to condition that such building or open space are dispute free and do not cause public inconvenience.

Rule - 36. Property and Contracts.

The Panchayat shall maintain a register of all it's properties vested and or/managed by it in a prescribed format and update it as soon as a new asset both immovable assets (like roads land, buildings, water bodies, water supply schemes, markets etc) in FORMAT-V and movable assets (like tools equipment cycle etc.) in FORMAT-VI are added by way of transfer, purchase or vesting by government.

(1)     The Grama Panchayat may provide places within the Grama Panchayat area for use as public markets. The market areas shall be notified by the Grama Panchayat mentioning the boundaries in the notice board for the information of the public.

(2)     The Grama Panchayat may subject to approval of the Grama Sasan, levy fees in any public market on the vendors at such rates as may be approved by the Grama Sasan and may place the collection of such fees under the management of such person as may appear to it proper or may lease out such collection of fees.

(3)     For the purpose of leasing out the market the procedure provided in these rules shall be followed;-

(a)      The Grama Panchayat may impose under clause (a) of sub-section (2) of section 58 of the Act, fees for the use of or for the right to expose goods for sale in such market per head-load of goods brought for sale to the market.

 

(b)      The Grama Panchayat may impose under clause (b) of sub-section (2) of section 58 of the Act, fees per square foot of the area per day.

 

(c)      The Grama Panchayat may impose under clause (c) of sub-section (2) of section 58 of the Act, fees the rate of which may be approved in the Grama Panchayat. The Grama Panchayat may under clause (c) of sub-section (2) of section 58 of the Act, impose a fee on the vehicles (including motor vehicles) or pack animals.

 

(d)      The Grama Panchayat may impose under clause (d) of sub-section (2) of section 58 of the Act, fees per value of the cattle sold.

 

(e)      The Grama Panchayat shall fix the minimum and maximum rate of fees in its meeting under clause (a), (b), (c) and (d) of section 58 of the Act, subject to the approval of the Grama Sasan.

Rule - 37. Regulated Markets Established under the Odisha Agriculture Produce Markets Act, 1956.

Where the management of hat has been transferred from a Grama Panchayat to a Regulated Market Committee under the Odisha Agricultural Produce Markets Act, 1956, the net income derived by the Regulated Market Committee from the hat so transferred, shall be shared equally by the Regulated Market Committee and the Grama Panchayat every year:

Provided that the share of the Grama Panchayat in any one year, shall not be less than Eighty (80) per cent of the average net income derived by it from the hat in the three years immediately preceding its transfer to the Regulated Market Committee.

Rule - 38. Licensing Private Markets.

Under clause (a) of sub-section (1) of section 60 of the Act application for grant of license for private market shall be made by the owner of the place in respect of which the license is sought for not less than thirty days before the commencement of the year for which license is sought as the case may be.

(a)      The Grama Panchayat may grant the license applied for in Form No. 12 subject to supervision and inspection and to such conditions as provided under section 59 of the Act. The Grama Panchayat may think, proper or the Grama Panchayat may refuse to grant any such license for any market.

 

(b)      When a license is granted, refused, suspended, cancelled or modified under sub-section (1) of section 60 of the Act, the Grama Panchayat shall cause a notice of such grant, refusal, suspension, cancellation or modification in the Odia language to be posted in conspicuous place at or near the entrance to the place in respect of which the license was sought for or had been obtained.

 

(c)      Every license granted under this rule shall expire at the end of the year.

Rule - 39.

It shall not be lawful for any person to sell or expose for sale any animal in an unlicensed private market.

Rule - 40.

(1)     The Grama Panchayat may by notice require the owner, occupier of any private market to,-

 

(a)      Construct approaches, entrances, passages, gates, drains and cesspits for such market and provide it with latrines of such description and in such position and number as the Grama Panchayat may think fit;

 

(b)      Roof and pave the whole or any portion of it or pave any portion of the floor with such materials as in the opinion of the Grama Panchayat secure imperviousness and ready cleansing;

 

(c)      Ventilate it properly and provide it with supply of water;

 

(d)      Provide passages of sufficient width between the stalls and make such alternations in the stalls, passages, shops, doors or other parts of the market as the Grama Panchayat may direct from time to time.

 

(e)      Keep it in a clean and proper state, remove all filth and refuse there from and dispose of them at such place and in such manner as the Grama Panchayat may direct; and

 

(f)       Make such other sanitary arrangement as the Grama Panchayat may consider necessary.

(2)     If any person on whom a notice to carry out any of the works specified above has been served by the Grama Panchayat fails to carry out the said works the period and in the manner laid down in the notice, the Grama Panchayat may suspend his license or may refuse to grant him a license until such work is completed.

Rule - 41. Pest Control and Improved Methods of Husbandry.

 On being informed by the Director of Agriculture that the whole or any part of a Grama has been infected by agricultural pest, the Grama Panchayat shall issue a declaration by beat of drums in the area giving the names of villages to have been infected by Agricultural pest. The Grama Panchayat shall also declare by beat of drums in the infected villages the method of eradication of such pest and instruct the owners or growers of crops to follows such eradication programme, prepared by the Director of Agriculture.

Rule - 42. Apportionment of Income of Ferries and Markets.

(1)     In case of ferries on rivers forming the boundary of two Grama Panchayats and if both sides of the ferry are situated in the same district, the Collector shall decide taking the local circumstances into the consideration as to which Grama Panchayat will manage the same, how the income will be apportioned.

 

(2)     Where a river forms the boundary of two districts within a Revenue Division, the Commissioner of the Division may decide the matter in the like manner.

 

(3)     Where the districts are in two different Revenue Divisions, the matter shall be decided by the Board of Revenue.

Rule - 43.

(a)      The income of a ferry ghat shall ordinarily be shared between the two Grama Panchayats equally if a river flows along the boundary of the two Grama Panchayats taking into consideration the expenditure for its management and maintenance which shall vest in one Grama Panchayat to be selected by the aforesaid authority.

(b)      The Collector may also decide the share between the Grama Panchayats in such manner as he considers necessary in consideration of the size of the river touching the Grama Panchayats.

Rule - 44.

In case of rivalry between the Grama Panchayats with regard to management of the ferry two or more Grama Panchayats may, with the approval of the Collector join in constituting a joint Committee for the purpose as provided under section 126 of the Act.

Rule - 45.

(a)      If the residents within the jurisdiction of more than one local authority in the same district use any market or fair, the Collector may from time to time apportion the income of such market or fair among the aforesaid local authorities in such manner and proportion, setting apart the expenditure on management, development and maintenance etc. in the manner as he may decide. The management of the market or fair shall remain with the local authority having jurisdiction over the area and the money set apart for management, development and maintenance shall be paid to the said local authority;

(b)      Where the market or fair is used by the residents of more than one local authorities of different districts of the same Revenue Division, the Revenue Divisional Commissioner may apportion the incomes of such market or fair in the like manner; and

(c)      Where such local authorities are in two different Revenue Divisions, the income maybe apportioned by the Board of Revenue in the like manner.

Rule - 46.

Any local authority aggrieved by an order of the Collector, Revenue Divisional Commissioner or Board of Revenue as the case may be under rules, 42, 43, 44 and 45 may within thirty days from the date of the order prefer an appeal to the Revenue Divisional Commissioner, Board of Revenue and the State Government, respectively, who may vary, set aside or confirm the said order.

Rule - 47. Transfer of Property.

(1)     No immovable property vested in a Grama Sasan shall be transferred by way of sale, mortgage or exchange without the approval of the State Government.

 

(2)     Whenever in respect of any property vested in or under the management and control of the Grama Sasan, the State Government deem it expedient, so to do, they may be general or special order made in that behalf and subject to such conditions, as may be specified, therein direct that such property shall be leased out in favour of any Registered Co-operative Societies by negotiation. The agreement for such lease shall be in Form 'F'.

 

(3)     The management of the property vested in a Grama Sasan for the time being in any manner whatsoever, shall be made in the manner herein after provided and shall be recorded in Format-V for immovable property and Format-VI for movable property

Rule - 48.

(1)     Before the end of October of each year, the Sarapanch shall forward to the Sub-Collector through the Block Development Officer, a list of immovable properties whether directly managed by the Grama Panchayat or leased out, specifying the location of each such property, with income derived from each of such property during the last three years in Form No. 13.

 

(2)     In case the Sarapanch fails to forward the list of immovable properties within the time-limit specified, the Sub-Collector shall call for necessary information from the Grama Panchayat concerned. After excluding the properties which are leased out or to be leased out under sub-rule (2) of rule 47 and such other properties, which shall be decided by the Sub-Collector to be managed by Gram Panchayat directly, other properties shall subject to the decision of the Panchayat be leased out by public auction in the manner hereinafter prescribed, the other properties, shall subject to the decision of the Panchayat, be leased out by public auction in the manner hereinafter prescribed.

 

(3)     If the Sub-Collector, after hearing the Grama Panchayat and making such enquiry as he deems proper, finds either that the income derived from any property managed directly by it is inadequate or that there exists any other reasons to be recorded in writing for which the property needs to be leased, he may direct that such property be leased out in public auction. In making his decision he may normally direct that any market and ferry shall be leased out by public auction and shall not be managed by Grama Panchayat directly, unless for any specific reason to be recorded in writing, he considers that direct management of a particular market or ferry is necessary in the interest of Grama Panchayat.

 

(4)     The Sub-Collector shall fix the period of lease and the minimum bid money, i.e., the upset price in respect of the property which is decided to be leased out taking into consideration the income from such property for the last three years. When information as to previous three years income is not available or does not exist, the Sub-Collector shall, fix the upset price taking the local conditions into consideration. The period of lease for properties which have seasonal value for effective operation, shall be fixed in such manner as the season is covered by the lease period.

 

(5)     (a) The Sub-Collector shall send a list of properties, to be leased out by public auction indicating the period of lease and upset price, to the respective Block Development Officer who shall thereupon fix the dates for auction of all or any of such properties and issue notices for such auction.

(b) He may authorize any of his junior officers to conduct auction for sale of properties whose upset price is rupees five thousand or less.

(c) The notice for auction shall be issued before fifteen clear days of the date fixed for auction and shall be published in the notice board of the Panchayat, Panchayat Samiti, Sub-Divisional Office and at such other place or places as the Block Development Officer or his Junior Officer, as the case may be, deem necessary.

(6)     The auction shall be conducted by Block Development Officer or his junior officer, as the case may be, at the Headquarters of the Grama Panchayat or at the place where the property is situated and the bid shall be confirmed by the Block Development Officer, in case of the auction sale conducted by his Junior Officer or by the Sub-Collector, in case of auction sale conducted by the Block Development Officer.

(7)     (a) No person shall be allowed to bid unless and until he deposits the security money and produces a certificate from the concerned Grama Panchayat to the effect that he has cleared all dues accruing to the Grama Panchayat in respect of any previous lease taken by him.

(b) The security deposit shall be ten per cent of the upset price fixed by the Sub-Collector. The security money shall be paid to the Officer conducting the auction sale who shall record the details in sale records.

(8)     The bid shall be knocked down in favour of the highest bidder. The security money of all the bidders except the highest bidder shall be refunded to them on proper receipt at the end of the auction. The security money of the highest bidder shall be credited to the Grama Fund and shall be adjusted against the last installment of his bid money to be paid to the Grama Panchayat. On the failure of the highest bidder to execute the agreement in time or violation of any of the conditions of the agreement, the security deposit shall, so much of it as would be just sufficient to cover the loss on reauction, be forfeited.

(9)     At the end of the bid, the officer conducting the auction shall send the records along with a report to the Block Development Officer or Sub-Collector, as the case may be, for confirmation of the bid. The Sub-Collector or Block Development Officer, as the case may be, shall intimate his order of confirmation within thirty days from the date of auction. In case the Sub-Collector or Block Development Officer fails to communication his order of confirmation within thirty days from the date of auction, the bid shall be deemed to have been confirmed:

Provided that the Sub-Collector or the Block Development Officer, as the case may be, may, if the bid is inadequate or he receives a report that no bidders were forthcoming, direct that the property be either reauctioned or managed directly by the Grama Panchayat for a period to be specified by him.

(10)   If for any reason (which must be recorded in writing) the auction does not take place on the fixed date or the minimum bid in respect of any property is not reached in the auction, a fresh auction shall be held on a subsequent date to be fixed by the officer conducting the auction. The notice for such auction shall be published in the notice board of the Panchayat, Panchayat Samiti, Sub-Divisional Officer and such other place or places as the officer conducting the auction may deem necessary before seven clear days of the date fixed for the auction.

(11)   (a) After receipt of the order of confirmation of the bid from the Sub-Collector or order confirming the auction sale conducted by the Junior Officer, the Block Development Officer shall direct the successful bidder to deposit the first installment of the bid money and execute the agreement in the appropriate Form (A, B, C, D, E, F) with the concerned Grama Panchayat within fifteen days from the date of receipt of the notice and shall forward a copy of the confirmation order to the Sarapanch.

(b) The agreement shall be registered and the cost of registration of such agreement shall be paid by the auction purchaser. If the auction purchaser fails to execute the agreement or deposit the first installment within the said period, the property shall be put to fresh auction by the Block Development Officer or his Junior Officer, as the case may be, for which the formalities prescribed for original auction shall also be followed.

(12)   (a) The bid money shall be payable in advance in two installments. The first installment which shall not be less than seventy-five per cent of the bid money shall be paid before execution of the agreement and the subsequent installments shall be paid in accordance with the agreement. The amount of each installment and the period to which it relates shall be mentioned in the agreement.

(b) If any installment is not paid by the due date the Executive Officer of the Grama Panchayat shall forthwith bring it to the notice of the Grama Panchayat who shall terminate the lease and move the Block Development Officer for re-auction who shall hold the re-auction within fifteen days in the manner prescribed for auction under this rule.

(13)   Any loss of any kind to the Grama Sasan due to the breach of any condition of the agreement by the lessee shall be recovered from the lessee as per section 102 of the Act.

(14)   The agreement for lease of market, ferries, pisciculture tanks or orchards shall respectively be in Forms A, B, C and D, and agreement for other properties shall be in Form E of these rules which may be suitably modified, to meet the requirement of the particular property being leased out.

 

(15)   Any dispute arising between the lessor and the lessee in respect of the interpretation of conduct or performance of any terms and conditions of the agreement for lease of any property or with regard to any claim shall be referred to the Collector of the district whose decision in the matter shall be final and binding on the parties.

 

(16)   Any Grama Panchayat aggrieved by the order of the Sub-Collector under sub-rule (13) may within fifteen days of the order appeal to the Collector, who may set aside or confirm the said order.

 

(17)   Any bidder aggrieved by the action of the officer, conducting auction under these rules may within fifteen days of the order appeal to the Sub-Collector who may stay, set aside or confirm the said order.

Rule - 49.

(1)     The Grama Panchayat at a meeting shall sanction the term of the lease or agreement for the lease keeping in view the period of lease fixed by the Collector.

 

(2)     Lease for any term exceeding five years and less than ten years and for any term exceeding ten years shall not be made without the previous approval of the Sub-Collector and Collector, respectively;

 

(3)     Any person aggrieved by an order made by the Collector under sub-rule (1) of this rule may within 15 days of such order appeal to the Revenue Divisional Commissioner who may vary, set aside or confirm the said order.

Rule - 50.

(1)     Any movable property vested in a Grama Panchayat may be transferred by it in any way and on any terms which the Grama Panchayat may by a resolution at a meeting determine to be expedient and reasonable.

(2)     Every transfer of immovable property vested in a Grama Panchayat shall be made by instrument under the common seal, signed by the Sarapanch and two of the members authorized by the Grama Panchayat distinctly expressing that transfer is signed with the previous approval of the State Government.

Rule - 51.

The Grama Panchayat shall prepare and update the register of all immovable and movable properties in its possession in FORMAT-V and FORMAT-VI each year.

Rule - 52.

(1)     If any plot of land shown in the register is transferred from the possession of the Grama Panchayat the entry for it shall be struck off and the fact in connection with the transfer shall be recorded in the columns of remarks under the initials of the Sarapanch.

 

(2)     If any property shown in the register is leased out the same shall be recorded in the column for remarks.

 

(3)     A separate register of the properties leased out shall be prepared by the Grama Panchayat showing the number of properties leased out along with it's detail in Form No. 13 and Form No. 15.

 

(4)     These registers shall be checked up annually by the Sarapanch and attested with signature and date.

Rule - 53.

(a)      A register of properties transferred to the Grama Panchayat shall be maintained by each Block, Sub-Division and District showing the annual income of the properties so transferred in Form No. 14 and Form No. 16.

 

(b)      The Sarapanch shall place the list of properties before the Grama Panchayat in a meeting held in the month of September or October each year for consideration and suggestion for better management of properties and send a copy of the minutes of the meeting relating to the management of each such property to the Block Development Officer and Sub-Collector.

 

(c)      The Sub-Collector within the thirty days of receipt of minutes of the meeting under clause (b) shall review the proposals received from the Grama Panchayat and send a report to the Collector together with the action taken by him under rule 48. A copy of such report shall also be communicated to the Director of Grama Panchayat.

Rule - 54. Procedures for Entering into Contract.

A Grama Panchayat shall not acquire any immovable property under Section 77 of the Act unless required for discharging obligatory functions provided under Section 44 of the Act and the price is approved by the Collector.

Rule - 55. Latrine Conservancy and Drainage Tax.

(1)     In fixing the rate at which the tax under clause (c) of section 83 of the Act is to be levied regard shall be had to the principle that the total net proceeds of the tax shall not exceed the amount required for cleaning private latrine, privies or cess pools and premises of compounds cleaned by the Panchayat agency.

 

(2)     That the tax shall not be leviable in any area until the Grama Panchayat have made provision for cleansing of private latrines, privies or cess pools within such area, nor shall the tax be leviable for any quarter or portion of a quarter antecedent to the making of such provisions.

 

(3)     In fixing the rate of tax under clause (f) of section 83 of the Act regard shall be had to the principle that the total net proceeds shall not exceed the amount required for the maintenance of drainage system introduced by the Grama Panchayat subject to the maximum of three per year.

Rule - 56.

(1)     (i) The Grama Sabha in a meeting shall fix or revise the rate of conservancy or latrine tax, drainage fee or lighting rate payable to the Grama Panchayat on the basis of the provisions of the Act and rules made thereunder.

(ii) The Executive Officer shall prepare a list of assessees specifying the amount payable under each of the above heads by the assessee. The assessment list shall be published in the notice board of the Grama Panchayat inviting objections thereto.

(iii) Objections received, if any, shall be considered by the Grama Panchayat in a meeting and assessment be finalized.

(iv) The final assessment list shall be published in the notice board of the Grama Panchayat.

(2)     Any person aggrieved by the assessment under sub-rule (1), may prefer appeal under section 133 of the Act.

Rule - 57. Custody of Grama Fund.

(a)      All moneys received by a Grama Panchayat shall be deposited in a nationalized commercial bank or Post Office Savings Bank accounts and in the manner provided under section 94 of the Act, 1964. Reconciliation of Bank Account shall be done at close of every month regularly.

(b)      The deposit and withdrawal from Grama Fund shall be operated jointly through cheque by the Sarapanch, Executive Officer and Secretary of the Grama Panchayat:

Provided that in case of a vacancy in the office of the Sarapanch due to suspension, death, resignation or otherwise, the fund shall be operated jointly on signature of the Naib Sarapanch or officiating Sarapanch, as the case may be, and Executive Officer and Secretary of the Grama Panchayat:

Provided further that in case of a Grama Panchayat where there is no Secretary, the Grama Fund shall be operated jointly by the Sarapanch and Executive Officer of the Grama Panchayat.

(c)      The cash balance and the valuable securities in the custody of the Executive Officer as provided under section 123 of the Act and the cash in the custody of the Sarapanch authorized under section 94 shall be kept under the double lock of different patterns. All the keys of one lock shall remain with the Executive Officer and all the keys of the other lock shall remain with the Sarapanch of the Grama Panchayat:

Provided that in the absence of the Sarapanch all the keys in his custody shall remain with the Naib Sarapanch and in the absence of both, the keys shall be with the officiating Sarapanch elected under sub-section (4) of Section 21 of the Act:

Rule - 58.

(1)     The Cash Book of the Grama Panchayat and the cash balance including the Post Office Savings Bank Pass Book, if any, shall be made available for inspection at any reasonable time to all inspecting authorities and Auditors appointed under the Act.

(2)     Any shortage noticed in the cash balance during inspection or audit shall be treated as misappropriated and the person concerned shall be liable to be proceeded against under Section 9 of the Odisha Local Fund Audit Act, 1948 in addition to being criminally proceeded against.

Rule - 59. Loan Rules.

(1)     Where a Grama Sasan desires to borrow money under section 95 of the Act, it shall submit an application to the Collector of the District in Form No. 17 accompanied by a resolution of the Grama Panchayat to that effect.

(2)     The Collector shall forward such loan application received under sub-rule (1) to the State Government with the recommendations thereon, if after due examination and enquiry he is satisfied that the following conditions are fulfilled, namely,-

(i)       that the application is in the prescribed form and has been accompanied by the resolution of the Grama Panchayat;

 

(ii)      that the statements contained in the application are true and correct;

 

(iii)     that the financial position of the Grama Sasan is sound enough to enable it to repay the loan applied for;

 

(iv)    that the term of the loan does not exceed fifteen years;

 

(v)      that in respect of a loan applied for from the State Government, the Grama Sasan has furnished an undertaking to pay interest at such rate or rates as would be fixed by the State Government in respect of the loan applied for;

 

(vi)    that in case of loan applied for raising orchards or for digging or renovation of tanks for pisciculture purpose, the land on which the orchard or tank is proposed to be raised or dug or the tank proposed to be renovated, vests in or belongs to the Grama Sasan;

 

(vii)   that in case of loans applied for construction of buildings or sheds, the land on which the building or shed is proposed to be constructed vests in or belongs to the Grama Sasan;

 

(viii)  that in case of a loan applied for from the State Government, the total loan (both Government and Non-Government loan) outstanding against the Grama Sasan at the time does not exceed 10 times the average of its income of the three years preceding the year in which the application is made;

 

Exception- This condition may be relaxed in case of Grama Sasan which has not completed three years;

(i)       that in case of a Non-Government loan applied for, the amount of such loan including the amount of such loans outstanding at the time does not exceed three times the income of the Grama Sasan preceding the year in which the application is made and the total loan (both Government and Non-Government loans) outstanding at the time including the one, applied for does not exceed 10 times the average of the income of the three preceding years of the Grama Sasan;

Provided that where the Grama Sasan intends to take up any irrigation project the amount of loan may exceed the above limit but shall not exceed five times the income of the Grama Sasan preceding the year in which the application is made; and

(ii)      that the work for which the loan is applied for would be feasible and also remunerative to the Grama Sasan.

Rule - 60.

(1)     Notwithstanding anything to the contrary in these rules the State Government may,-

 

(a)      sanction or refuse, in whole or in part the amount of loan applied for by a Grama Sasan from the State Government;

 

(b)      grant or refuse permission to the Grama Sasan to obtain a Non-Government loan; and

 

(c)      impose any condition not inconsistent with the provision of Act and the rules, as deemed fit, in respect of such loan.

(2)     All orders sanctioning in whole or in part, the amount of loan applied for by a Grama Sasan from the State Government, shall be communicated to the Grama Sasan.

Rule - 61. A Grama Sasan shall.

(1)     be bound to carry out the terms and conditions, if any, imposed by the State Government in respect of,-

(a)      a loan sanctioned by the State Government to the Grama Sasan; or

(b)      Non-Government loan, if any, taken by the Grama Sasan.

(2)     furnish to the State Government such information as the State Government may require, at any time, regarding its fund and the loans.

(3)     (a) repay the loan taken from the State Government in accordance with the terms and condition imposed by the State Government in respect of such loan; or

(b) pay interest on such loan at the rate or rates and as per the terms and conditions imposed by the State Government in respect of such loan:

Provided that if the amount of loan taken from the State Government or any installment of such loan or interest payable in respect of such loan is not paid by a Grama Sasan within the period fixed by the State Government in that behalf, the Grama Sasan shall be liable to pay interest at the rate of two (2) per cent in respect of such installments of principal or interest as the case may be, in addition to the interest fixed in respect of such loan:

Provided further that, if the whole or any part of a loan taken from the State Government by a Grama Sasan is not utilized for the purpose for which it was taken within the period by the State Government in respect of such loan, the Grama Sasan shall be liable to pay interest at 121/2 per cent per annum in respect of the unutilized amount from the date of disbursement of the loan.

(4)     Any amount of loan taken by the Grama Sasan from the State Government, which remain unspent at the end of the period fixed by the State Government for utilization of the loan amount, or which remain unspent at the completion of the work for which such loan was taken by the Grama Sasan, shall be refunded forthwith to the Government by the Grama Sasan, along with the amount of interest due in respect of such amount:

Provided that the Director of Grama Panchayats may grant such time to a Grama Sasan for utilization or refund, as the case may be, of such amount as he may consider necessary.

(5)     Notwithstanding anything to the contrary contained in these rules, if any money borrowed by a Grama Sasan from the State Government or any installment thereof, or the interest in respect of such loan, is not paid by the Grama Sasan in accordance with the terms and conditions imposed by the State Government in respect of such loan, or in accordance with the provisions of these rules;-

(a)      The Director of Grama Panchayats may, in his discretion, attach the funds of the Grama Sasan and, after such attachment no person except an officer appointed in this behalf by the Director shall deal with the attached funds;

(b)      The Director of Grama Panchayats may also in his discretion adjust the arrear installment of principal and the amounts of interest payable by the Grama Sasan in respect of such loans against the grants or subsidy due to the Grama Sasan.

(6)     A Grama Sasan may with the previous permission of the Director of Grama Panchayats repay the whole or any part of a loan taken from the State Government along with the interest, if any, before the period fixed by the State Government in that behalf.

Rule - 62.

When the Director decides to attach any fund of a Grama Sasan under sub-rule (5) of rule 61, the following procedure shall be observed, namely-

(a)      The Director shall issue notice to the Grama Sasan prohibiting collection or management of such fund by the Grama Sasan and vesting the administration thereof on such officer or officers as the Director may appoint;

 

(b)      The Director shall cause such notice to be published in the official gazette and in such manner as he may deem fit within the local limits of such area subject to control of the Grama Sasan;

 

(c)      The Officer appointed by the Director under rule 90 shall pay the money collected or received under such attachment to the lender, or, in case of a loan from the State Government into the Treasury;

 

(d)      The said officer shall prepare the accounts of money so collected and of the cost of collections in such form as the Director may from time to time direct. He shall deliver a copy of the account to the Grama Sasan and shall cause a copy to be published in the official Gazette.

Rule - 63.

(1)     The Drawing and Disbursing Officer in respect of a loan sanctioned by the State Government to a Grama Sasan shall be the District Panchayat Officer concerned.

(2)     The Drawing and Disbursing Officer of a loan sanctioned by the State Government to a Grama Sasan, shall;-

(a)      intimate the Director and the Block Development Officer the date of drawal of the loan amount with the relevant T.V. No. and the date of disbursement of the same to Grama Sasan in the first week of the month during which the loan amount is drawn and disbursed;

(b)      furnish to the Director at the end of every quarter of each year full particulars of loan sanctioned and disbursed to the Grama Sasan of his area and the recoveries of principal and interest in respect of such loan, in such form and in such manner as may be directed by the Director of Grama Panchayats from time to time.

Rule - 64.

(1)     The account of every loan sanctioned to a Grama Sasan by the State Government shall be maintained by the District Panchayat Officer of the area within which the Grama Sasan lies, in such form and in such manner as may be directed by the Director of Grama Panchayats from time to time.

 

(2)     The District Panchayat Officer shall furnish by the 15th of November and 15th of May of each year an abstract showing full particulars of loans sanctioned by the State Government to a Grama Sasan within his area and of all the recoveries of principal and interest thereof, to the Director in Form No. 18. A copy of such abstract shall be sent by the District Panchayat Officer to the Accountant General, Odisha simultaneously.

 

(3)     The amount of principal and interest outstanding against a Grama Sasan in respect of a Government loan shall be intimated by the District Panchayat Officer to the concerned Grama Sasan by the 15th of May each year.

 

(4)     (a) Refunds or repayment of Government loans including the amount of interest shall be made in the Treasury or Sub-Treasury of the district within which the Grama Sasan lies, in Form No. 6.

(b) Challans shall be presented in quadruplicate. Two parts of the challan shall be returned by the Treasury to the depositor, one part shall be retained by the Treasury and the other part shall be sent by the Treasury to the District Panchayat Officer of the District duly signed as proof of payment.

Rule - 65.

Accounts of loan received and utilized shall be maintained in a register in Form No. 19.

Rule - 66. Accounting Procedure and Audit Rules.

 The purpose to which the Grama Fund may be applied include all object expressly declared obligatory or discretionary under the Act and the rules made there under and in general everything incidental to the administration of the said purposes.

Rule - 67.

The accounts and registers prescribed under these rules shall be maintained according to the financial year.

Rule - 68. Finance Rules.

(1)     The budget estimate of the Grama Panchayat shall be prepared in Form No. 20.

 

(2)     A consolidated abstract register of budget provisions including supplementary grants shall be maintained in FORMAT-II

 

(3)     All the receivable and payable details shall be maintained as prescribed in FORMAT-IV.

Rule - 69.

(a)      The Executive Officer of the Grama Panchayat shall prepare annual budget estimate and supplementary or revised estimate and shall place such budget estimates before the Grama Panchayat after obtaining approval of the Sarapanch.

 

(b)      The Supplementary or revised estimate shall be prepared in Form No. 21 and the heads and figures relating to item which requires alteration shall only be mentioned in the form. The reasons for altering the figures in the original budget estimates shall be adequately explained.

Rule - 70.

The working balance to be provided for in the budget shall not be less than 4 per cent of the estimated receipts of the year excluding the income from endowments and grants.

Rule - 71.

(1)     The annual, the first supplementary or revised and the second supplementary or revised budget of a Grama Panchayat shall, after being sanctioned by the Panchayat, be submitted to the Grama Sasan by 7th March, 7th August and 7th March respectively.

(2)     The Grama Sasan shall approve the annual first supplementary or revised and the second supplementary or revised budget of Grama Panchayats at meetings on or before 21st March, 21st August and 21st March, respectively with or without modification after satisfying itself on the following points namely:-

(i)       the estimate or receipts is exhaustive and provided for the collection of the entire loans and tax dues outstanding and those falling due during the budget year and the accounts is taken of all receipts from all sources;

 

(ii)      the recommendation, if any, of the Government have been duly considered in framing the budget;

 

(iii)     provision has been made for all obligatory charges including functions, institutions, trusts and the like transferred to the Grama Panchayat, other developmental activities prescribed by the Government;

 

(iv)    provision has been made for the due discharge of all liabilities in respect of loans contracted and for all other commitments;

 

(v)      variations between the figures of the budget year and those of the previous year have been adequately explained;

 

(vi)    due account is taken of contributions from people and institutions; and

 

(vii)   due credit has been given to funds that may be available to the Panchayat as intimated by Grama Sasan at different stages.

(3)     The budget shall take effect from the date of approval of the Grama Sasan.

Rule - 72.

(1)     If at a meeting, convened for the purpose of approval of the annual budget, the Grama Sasan fails to record its approval to the same or, as the case may be, the first or second supplementary or revised budget, the Grama Panchayat shall inform the Sub-Divisional Panchayat Officer, who shall in turn convene a special meeting of the Grama Sasan for the purpose.

 

(2)     If in such special meeting so convened by Sub-Divisional Panchayat Officer, the Grama Sasan still fails to record its approval to the annual budget or, as the case may be, the first or second supplementary or revised budget, the Sub-Divisional Panchayat Officer shall, on the basis of the actuals of receipt and expenditure of the previous year, scrutinize such budget and certify the same to the Grama Panchayat whereupon such budget shall become final.

 

(3)     If the Grama Panchayat's budget and the first and second supplementary or revised budget are not approved by the Grama Sasan on or before 21st March and 21st August, respectively, the Grama Panchayat shall incur expenditure with the previous approval of the Sub-Divisional Panchayat Officer.

Rule - 73.

(1)     Receipt, All moneys received by the Sarapanch or Executive Officer or Secretary or by any officer or servant of the Grama Panchayat authorized in this behalf, shall be brought into account as soon as they are received. All moneys so received shall be credited into the Grama Fund daily.

(2)     No money received on behalf of the Grama Sasan shall be utilized for expenditure without first being brought into account.

Rule - 74.

No person entrusted with the collection of any fund relating to the Grama Sasan shall collect any sum without issue of a proper receipt in the prescribed form.

Rule - 75.

A printed receipt on Form No. 22 shall be issued for collection of latrine tax or conservancy tax, lighting rate, drainage fee, water rate, warrant fee, distraint fee and such other fees or taxes as may be levied under the Act from time to time.

Rule - 76.

For collection of all demands including sale, auction or lease or any property or for any usufruct thereof, or for any demand other than those mentioned in rule 97 receipt in From No. 7 shall be issued.

Rule - 77.

(1)     All receipts issued shall be signed by the person authorized to collect. A carbon copy of the receipt shall be maintained as counterfoil.

 

(2)     The person authorized to collect Tax shall bring the register of daily collections and counterfoil of receipts with all sums collected by him daily to the Executive Officer.

 

(3)     All collections of revenue made by the person authorized to collect by granting receipt either in Form No. 22 or No. 7 as the case may be shall be entered into the daily collection register in Form No. 23.

 

(4)     The Executive Officer shall examine and check the counterfoil receipts of Form No. 22 or No. 7, and shall sign the daily collection register in token of receipt and also make an entry of the amount received in the Cash Book.

Rule - 78.

(1)     Each Gram Panchayat shall prepare a register of Demand,Collection and Balances of all its tax and non-tax dues in a manner as prescribed in FORMAT-VIII and update the same.

 

(2)     The demand and collection register in respect of dues collected in Form No. 22 shall be maintained in Form No. 24.

(3)     For all demands other than those on account of latrine or conservancy tax, lighting rate, drainage fees and water-rate a register in Form No. 25 shall be kept.

Rule - 79.

(1)     The cheques received from any authority towards payment of contribution, grants-in-aid or loans shall be entered in the register of cheques in Form No. 26 and after they have been realized the cash shall be credited into Grama Fund in the Cash Book.

(2)     A register to monitor the receipt and deposit of cheques, encashment of cheques, credit and debit of cash to and from Bank shall be maintained as prescribed in FORMAT-III and shall be updated after due reconciliation with banks on frequent intervals.

(3)     A consolidated abstract register of accounts of grant-in-aid (both plan and Non-plan) received shall be prepared in a register in Form No. 27 and maintained in FORMAT-II.

Rule - 80.

In cases, in which conditions are attached to the utilization of grant specifying the particular object of expenditure or the time within which the money shall be spent, it shall be the responsibility of the Sarapanch to see that money is well spent and the utilization certificate is furnished within the date prescribed in the order sanctioning the grant-in-aid to the concerned authority in fulfillment of these conditions.

Rule - 81. Expenditure.

(1)     No amount shall be drawn from the Grama Fund unless it is necessary for immediate payment and supported by approval of Grama Panchayat to incur expenditure for which payment is required.

 

(2)     Direction shall not be given by any authority other than the Administrative Department for incurring expenditure from the Grama Fund for a purpose for which fund has not been constituted in the Grama Fund.

 

(3)     All payments out of the Grama Fund in respect of claims presented to the Grama Sasan shall be made "through accounts payee cheques only" after the bills are passed by the Sarapanch;

Provided that payment may be made in cash for amount not exceeding Rupees one thousand.

Rule - 82.

No expenditure shall be incurred without budget provision and sanction of the competent authorities supported by a resolution of the Grama Panchayat concerned to incur such expenditure.

Rule - 83.

Claims for all payments from the Grama Fund shall be presented to the Secretary or in his absence to the Executive Officer of the Grama Panchayat and payment shall be made only after the bills are checked by the Executive Officer and passed by the Sarpanch.

Rule - 84.

All vouchers shall be numbered serially for each year and filed in the office of the Grama Panchayat in a Guard file even if printed version through computerized maintenance of accounts is available.

Rule - 85.

The cheque book may be requisitioned from the Bank in favour of the Executive Officer and Sarpanch jointly.

Rule - 86.

The cheque may be signed jointly by the Executive Officer and the Sarpanch.

Rule - 87.

No Panchayat shall, without the sanction of the District Panchayat Officer, incur any expenditure in connection with any suit or legal proceedings.

Rule - 88.

(1)     No expenditure shall be incurred by the Grama Panchayat on the following accounts:-

(a)      donations to any individual or institution, any contribution for any purpose or creation of scholarship as contemplated under sub-section (2) of section 97 of the Act without prior approval of the Collector; and

(b)      in ceremonial and religious festivals, reception of important persons or for the propagation of any scheme of Central or State Government except those specifically allowed by the District Panchayat Officer.

(2)     The Grama Panchayat may incur expenditure on celebrating the Independence Day and the Republic Day after a resolution is passed to this effect by the Grama Panchayat.

(3)     The application for donation or any financial aid shall be made to the Grama Panchayat concerned in Form No. 28 and the Grama Panchayat shall issue the sanction order in Form No. 29.

(4)     The Grama Panchayat shall not make further contribution unless utilization certificate for the previous grant sanctioned is received.

(5)     Expenditure under sub-rule (1) and (2) shall be met from the own income of the Grama Panchayat.

Rule - 89.

At the time of making payment in cash or issuing cheques, the Secretary or in his absence the Executive Officer shall take stamped receipt, if necessary, from the payee and endorse the bill with the words Paid Rs. .......................... (Rupees... .........................) only in cash or cheque. The amount being written in words as well as in figures. The endorsement shall be dated and signed by the Executive Officer and the Sarapanch and shall bear the number of the voucher as in the Cash Book. If the payee is illiterate, the payment shall be attested by a competent witness in addition to the Paying Officer.

Rule - 90. Pay and Allowances.

Pay, leave salary and allowances shall not be paid before the first working day of the month following that to which the payment relates.

Rule - 91.

(1)     Pay, leave salary and allowances may be drawn for the day of a man's death and the hour at which death takes place does not affect the claim. Payment due to a deceased officer or a servant of the Panchayat shall not be made except on the production of an authority specified in the Indian Succession Act, 1925:

Provided that payments may be made without the production of such authority to the extent of fifteen days' salary under resolution of the Grama Panchayat after such enquiry as it may consider sufficient about the right of the claimant.

(2)     Acquaintance for disbursement of pay and allowance shall be maintained in Form No. 30 by the Secretary on in his absence by the Executive Officer. The disbursement shall be made by the Secretary or in his absence by the Executive Officer after obtaining the approval of the Sarapanch.

Rule - 92. Cash Book and Monthly Accounts.

 The accounts and registers of the Grama Panchayat shall be written in Odia.

Rule - 93.

(1)     All receipts and payments of the Grama Panchayat shall be entered in the Cash Book in Form No. 31 and FORMAT-I

 

(2)     The Secretary of the Grama Panchayat or in his absence the Executive Officer shall record all transactions in the Cash Book on the same day on which money is received or paid.

 

(3)     At the closure of the day of transaction, the analysis of the closing balances shall be clearly indicated and the Cash Book in FORMAT-I, shall be signed by the Secretary, Executive Officer and Sarapanch of the Grama Panchayat. In the absence of Secretary, the Cash Book shall be signed by the Executive Officer and the Sarapanch of the Grama Panchayat,

 

(4)     It shall be competent for the Gram Panchayat Extension Officer to verify the Cash Book and cash in hand at least once in a month with reference to the vouchers and case records.

Rule - 94.

(a)      Where the Grama Panchayat has accounts with a Bank other than the Postal Savings Bank, a register to be named "Bank Register of the Grama Panchayat" shall be maintained in Form No. 32. All deposits made in a Postal Savings Bank or any other Bank in accounts of the Grama Panchayat and all withdrawals from such accounts shall invariably be noted in the Cash Book of the Grama Panchayat under the heading Bank in FORMAT III.

 

(b)      No person employed in the business of Bank of the Banker with whom the Grama Fund is deposited shall be requested or permitted to assist in any way in collecting the revenue of the Grama Sasan.

Rule - 95.

(1)     The Cash Book and the registers shall be strongly bound and pages shall be numbered and certified by the Sarapanch before being brought into use.

 

(2)     The Cash Book, Files, Registers and all other records of the Grama Panchayat shall be properly maintained by the Secretary and scrutinized by the Executive Officer for the purpose of this Act and the rules made there under.

 

(3)     In case of Grama Panchayat where there is no Secretary, Executive Officer shall maintain the cash book, register and records of the Grama Panchayat.

 

(4)     All corrections and alterations in the accounts shall be neatly made in red ink and attested by the Sarapanch. Similarly, all alterations and corrections in vouchers shall be duly authenticated by the Payee. Erasures shall on no account be permitted in registers, statements, vouchers of accounts or any description.

Rule - 96.

(1)     At the monthly meeting of the Grama Panchayat all accounts and statements up to the end of the previous month shall be considered and passed. The Grama Panchayat before passing the accounts may undertake such scrutiny of the accounts as it may consider necessary. A copy of the monthly account indicating the deposit in the Postal Savings Bank or any other Bank and the cash in hands of the Sarapanch and Secretary or in his absence the Executive Officer and the advance paid shall be submitted to the District Panchayat Officer.

 

(2)     The Sarapanch shall after passing all the accounts by the Grama Panchayat, certify to that effect on the body of the Cash Book

 

(3)     The Panchayat Extension Officer or any other Officer authorized by the Development Officer shall scrutinize the accounts of the Grama Panchayat every month and bring to the notice of the proper authorities any discrepancy, irregularity, misappropriation or defalcation.

Rule - 97. Annual Accounts.

(1)     Soon after the close of the financial year but not later than the 30th April, the Annual Account of the Grama Panchayat showing total receipt and payment during the year under the several items with opening and closing balance including statement of receivable and payable shall be prepared in

Form No. 33 and Form No. 34

(2)     The annual account together with the utilization certificates for all grant-in-aids received during the financial year shall, with the prior approval of the Grama Panchayat, be placed before the Grama Sasan in a meeting convened for the purpose.

(3)     After the Grama Sasan records its approval under sub-rule (2), the Sarapanch shall record a certificate on the body of the annual accounts or the utilization certificate, as the case may be, to the effect that such account or certificates have been approved by the Grama Sasan and then submit the same to the District Panchayat Officer by the 31st May every year.

(4)     A copy of the annual accounts so approved by the Grama Sasan shall also be published in the notice board of the Grama Panchayat for general information.

Rule - 98.

(1)     A stock register of receipt and issue shall be kept in Form No. 35 in which all receipts and issues shall be posted.

(2)     Issues for the purpose of destruction shall also be recorded in this Form. If any complete book of unused form is returned, it shall be entered in the stock register as a receipt.

Rule - 99.

An inventory register of stock of tools and plants shall be maintained in Form No. 36.

Rule - 100.

All unserviceable tools and plants shall be disposed of with the sanction of the Sarapanch by public auction and the details shall be noted in the register as prescribed in FORMAT-VIII.

Rule - 101.

All entries and their disposal shall be initiated by the Sarapanch or in his absence such member of the Grama Panchayat as may be authorized in his behalf by a resolution of the Grama Panchayat and shall be placed in the next meeting of the Grama Panchayat.

Rule - 102.

The stock shall be verified half-yearly by the 30th June and the 31st December jointly by the Executive Officer and the Sarpanch and the results of verification recorded in the Stock Book.

Rule - 103. Loss of Property.

(1)     (a) Whenever any loss of money, stores or other property by embezzlement, theft, fire or otherwise is discovered, the Sarapanch or in his absence the Executive Officer or any other Inspecting Officer shall forthwith report the facts to the Director of Grama Panchayats and the Examiner of Local Accounts, the Panchayat Samiti, the Sub-Collector, the District Panchayat Officer and the Collector.

(b) The Sarapanch and Executive Officer shall take all possible steps to recover the properties, stock and stores and records damaged by fire and other natural calamities.

(c) The Sarapanch and Executive Officer shall lodge FIR in the Police Station in the event of theft of money, stock and store and properties and take steps for recovery of stolen properties.

(d) The Sarpanch shall place the facts before the Grama Panchayat Meeting and explain about steps taken for recovery of lost property.

(2)     On receipt of such a report, the Block Development Officer shall fully investigate into the matter and submit a complete report to the Sub-Collector, Collector and the Director of Grama Panchayats showing the total sum of money or the value of stores or other property lost, the manner in which such loss occurred and the steps taken by the Sarapanch to recover the money, stores or other property. The submission of the report prescribed in these rules does not preclude the Sarapanch to take such further action as may be considered necessary.

(3)     No money, stores or other property lost by embezzlement, theft, fire or otherwise shall be written off from the accounts of the Grama Fund except with sanction of the Director of Grama Panchayats and Examiner of Local Accounts.

(4)     On receipt of the report of loss, the Examiner of Local Accounts will consider whether he shall direct an audit to be made with a view to taking action under section 9 of the Local Fund Audit Act, 1948.

(5)     Government may, suo motu or on receiving complaint from any party, direct special audit of the Grama Panchayat.

Rule - 104.

(1)     The audit of the accounts of every Grama Panchayat shall be arranged by the Examiner of Local Accounts or other authorities empowered in this behalf, at such intervals and in such manner as may be directed by the Examiner of Local Accounts in accordance with the provisions of the Local Fund Audit Act, 1948 and the rules made there under.

 

(2)     Audit of Grama Panchayat shall normally be taken up by the Auditors appointed as Auditors by the Examiner of Local Accounts under section 100(3) of the Odisha Grama Panchayat Act 1964 read with section 4(3) of Odisha Local Fund Audit Act 1948.

 

(3)     The Audit Report shall be submitted in the manner as may be directed by the Examiner of Local Accounts.

 

(4)     No fee shall be charged to the Grama Panchayats towards audit fees notwithstanding the provisions contained in any other rules.

 

(5)     On receipt of the Audit reports in the Grama Panchayats, the Sarapanch shall within a month of the receipt of the report convene a special meeting of the Grama Panchayat to consider the objections made by the Officers and to decide upon the action to be taken thereto.

 

(6)     The Sarapanch shall deal promptly with the objection statement which may be appended to the audit note.

 

(7)     A compliance report to the Audit report shall be submitted to Examiner of Local Accounts or any other authorized in this behalf within 3 months of the date of receipt of the Audit report.

 

(8)     A copy of the Audit Report and the compliance report shall be kept in the office of the Grama Panchayat and produced for information of the inspecting officers at the time of their visit.

 

(9)     The Audit Register shall be maintained by every Grama Panchayat in Form No. 37.

 

(10)   The objections raised in the Audit Report and the report of compliance thereto shall be kept in a bound register and be produced for information to the inspecting officers/audit at the time of their visit.

Rule - 105. Surcharge Proceedings.

(1)     The Examiner of Local Accounts or any other officer appointed to exercise the powers and discharge functions of the Examiner of Local Accounts shall on receipt of the Audit report under section 100 of the Act scrutinize them and if necessary issue a show-cause notice against the person held responsible in Form No. 38 in respect of the amount held under objection under sub-section (2) of section 9 of the Odisha Local Fund Audit Act, 1948.

 

(2)     Such notice shall be sent by registered post with acknowledgement due, to his last known address and on the failure of service by registered post, the process shall be sent to the Block Development Officer to be served on the person within a date to be fixed by the Examiner. If the person is not found in the house where he ordinarily resides, then the notice will be hung up in some conspicuous part of the house in the presence of at least two witnesses who shall be persons residing in that village.

 

(3)     The surcharge order under sub-section (3) of section 9 of the Odisha Local Fund Audit Act, 1948 shall be issued in Form No. 39.

 

(4)     If the party has appeared in the show cause proceedings and shown cause before the Examiner, Deputy Examiner or Assistant Examiner, as the case may be, the order in Form No. 39 may be served on the person at the conclusion of the proceedings on a date to be fixed but if he does not appear on the fixed date this may be sent to him by registered post and hung on the Notice Board of the Assistant Examiner.

 

(5)     In a surcharge proceeding, the onus will be on the person against whom notice has been issued, to prove to the satisfaction of the Examiner, Deputy Examiner or Assistant Examiner, as the case may be, that the liability found against him in the Audit, has been either fully or partly discharged.

 

(6)     The amount to be recovered in accordance with the surcharge order passed in Form No. 39 which shall be realised and deposited in the Treasury under Revenue Deposit. The same shall be subsequently withdrawn from the Treasury by the Collector and paid into the Grama Fund.

 

(7)     If any person held liable under section 9 of the Odisha Local Fund Audit Act is not available or dead either before the issue of service of show cause notice in Form No. 38 or before the issue of service of surcharge order in Form No. 39 then such notice or surcharge orders shall be served on the legal heir of the person by registered post, acknowledgement due and any amount held liable for recovery from such person shall be recoverable from the legal heir of such person as arrear of land revenue under the provisions of the Odisha Local Fund Audit Act.

 

(8)     The Collector shall submit a half-yearly statement of the amount realized through surcharge proceedings, deposited into the Treasury and the amount paid into the Grama Fund to Examiner of Local accounts by the 31st October and the 30th April every year.

Rule - 106. Appeal.

(1)     (a) Any person aggrieved by any surcharge order may prefer an appeal to such authority as the Government may appoint in this behalf within the time limit specified under section 11 of the Odisha Local Fund Audit Act, 1948. The memorandum of appeal shall be presented in Form No. 40 enclose a copy of the order appealed against.

(b) No fees shall be charged for filling any appeal provided under the Odisha Local Fund Audit Act, 1948.

(2)     If the memorandum of appeal is not in the specified form or if the requirements of the form are not fully complied with, the Appellate Authority may reject the appeal summarily after giving the appellant such opportunity as it may think fit.

 

(3)     If the appeal is not summarily rejected, the Appellate Authority shall fix a date and place for hearing the appeal and from time to time adjourn the hearing.

 

(4)     The Appellate Authority may before disposing of any appeal make such further enquiry as it thinks fit or cause further enquiry to be made by the Examiner of Local Accounts or the Assistant Examiner of Local Accounts as the case may be.

 

(5)     The Appellate Authority in disposing of any appeal under section 11 of the Odisha Local Fund Audit Act, 1948 may dismiss, allow in whole or in part the appeal petition or set aside the surcharge order directing the Examiner of Local Accounts or the Deputy Examiner of Local Accounts or the Assistant Examiner of Local Accounts, as the case may be, to pass a fresh order after such further enquiry as may be directed.

(6)     Any order passed in the manner stated above by the Appellate Authority shall be final.

 

(7)     All the orders passed by the Appellate Authority on the appeal petition filed shall be furnished to the appellant, the Examiner of Local Accounts and the Deputy Examiner of Local Accounts of Assistant Examiner of Local Accounts.

Rule - 107.

The Appellate Authority shall furnish to the Government the information relating to the receipt, disposal and pendency of appeals as may be required from time to time.

Rule - 108. Procedure for service of notice.

All notices and requisitions relating to surcharge proceedings shall be sent by registered post with acknowledgement due to the last known address of the person concerned and on the failure of service by registered post the process shall be sent to the Block Development Officer to be served on a persons within a date to be fixed by the Examiner. If the person is not found in the house where he ordinarily resides, then, the notice shall be hung up in some conspicuous part of his house in presence of at least two witnesses who shall be residing in that village.

Rule - 109.

The vouchers, registers and other forms prescribed shall be retained or weeded and destroyed as noted below after all audit objection for the concerning period have been settled:

Rule - 110.

In the matters of details connected with the maintenance audit, the Grama Panchayat shall be guided by the instructions of the Examiner of Local Accounts.

Rule - 111. Collection of Taxes, Fees, Tolls, Rents, etc.

(1)     The Grama Panchayat may appoint one or more persons as Tax Collectors to collect latrine or conservancy tax, fees, tolls, rents and rates, etc. on annual contract basis.

(2)     Remuneration of Tax Collectors shall be borne by the Grama Panchayat out of its own income. Any other employee authorized for the purpose may also collect tax, fees, tolls, rents etc.

Rule - 112. Tax Payable in Advance.

The latrine or conservancy tax, the lighting rate, the drainage fees and the water-rate shall be payable in advance in half-yearly or quarterly installments as the Grama Panchayat may decide and every such installment shall be demand to be due on the first day of the half-year or quarter, as the case may be, in respect of which it is payable.

Rule - 113. Payment of Installment to be made within fifteen days.

Every person liable to pay any sum assessed upon him shall, within fifteen days after the day upon which such installment becomes due, pay or tender such installment to the Tax Collector or any other employee authorized for the purpose. The Tax Collector or any other employee authorized for the purpose shall grant a receipt in Form No. 22 for all payments made to him and shall at the time of granting the receipt make an entry in the Daily Collection Register in Form No. 23. A demand and Collection Register shall be maintained in Form No. 24.

Rule - 114. Publication of list of defaulters.

(1)     Immediately after the fifteenth day of each half-year or quarter, as the case may be, the Tax Collector or any other person authorized for the purpose shall prepare a list of the persons who have failed to pay their respective installments of the latrine or conservancy tax, lighting rate, drainage fee, water-rate (or any other dues) for such period showing the amount due from each of such defaulters and shall cause the list to be published in a conspicuous part of the local area in which the defaulters reside.

 

(2)     An appeal against any claim included in a bill presented under sub-section (2) of section 102 of the Act may be filed before the Sub-Collector within fifteen days enclosing a copy of the bill.

 

(3)     A revision against the decision of the Sub-Collector under the foregoing sub-rule may lie before the Collector within a period of seven days of the passing of the order. It shall accompany a copy of the order of the Sub-Collector.

Rule - 115. Issue of Distress warrant.

(1)     After the publication of the list prescribed in rule 114, the Secretary or in his absence the Executive Officer shall cause a notice of demand in Form No. 41 served upon the defaulter and if such payment is not made within fifteen days from the date of the service of the notice of demand shall issue a distress warrant in Form No. 42 authorizing any person as may be named therein to levy by distraining and sale a portion of the movable property of the defaulter (except ploughs, seeds grain, plough cattle and such cattle as may be necessary enable the defaulter to earn his livelihood, tools and implements of trade and agriculture and articles required for worship or prayer, the necessary wearing apparel and bedding of the defaulter, his wife and children and his necessary cooking utensils and books of accounts) so as to recover the amounts of his arrears together with a warrant fee of rupees five only for each warrant and a distraint fee according to the scale prescribed in sub-rule (3) of this rule.

 

(2)     A copy of the distress warrant shall be communicated to the Sub-Collector and to the local Police.

 

(3)     For every distraint, a fee shall be charged on the following scale:

Rule - 116. Manner of executing distress warrant.

The person authorized by a distress warrant under rule 115 shall unless the amount is paid at once seize such movable property of the defaulter as he shall deem sufficient and shall make inventory of all property so seized and shall at the same time deliver a copy thereof to the defaulter and give notice by beat of drum of the time and place when such property will be sold, provided that the time of sale shall not be less than two days not more than five days from the time of the proclamation thereof.

Rule - 117. Sale of Property.

All property seized under rule 116 shall be kept in the custody of the Secretary or in his absence in the custody of Executive Officer or such person authorized by him. If the defaulter does not within the time announced by beat of drum under rule 116 pay the amount of the arrears and of the warrant and distraint fee due from him, the movable property detained or such portion of it, as may be necessary, shall be sold by public auction at the time and place specified and the proceeds shall be applied in discharge of the arrears, fees and charges incurred in connection with the detention and the sale of the property so distrained. The Secretary in his absence the Executive Officer shall be present at every sale held under this rule.

Rule - 118. Grant of Receipt.

The person authorized to levy tax by distraint and sale, shall after the sale, grant the default a receipt in the usual form and shall return to the person in possession of the movable property at the time of the seizure, any property not sold and the surplus sale-proceeds, if any, if the person in possession of the movable property at the time of the seizure refuses to accept the surplus sale-proceeds, if any, may be credited to the Gram Fund and may be refunded to the owner after proper investigation if he presents his claim within one year from the date of deposit.

Rule - 119. Distress warrant register.

A register of distress warrants issued and disposed of shall be maintained in Form No. 43 by each Grama Panchayat.

Rule - 120. Objection to distress.

If any person whose name has been entered in the list of defaulter's disputes his liability to pay the amount mentioned in the list of any portion thereof he may apply to the Grama Panchayat in writing stating the ground of his objection. The Grama Panchayat at a meeting shall consider the objection and pass such order thereon as it may deem proper.

Rule - 121.

If after issue of distress warrant under rule 115, the arrear tax is not recovered by seizure of movable property of the defaulter and in the case of defaulter having no movable property the arrear tax shall be recovered as arrear of land revenue in the manner indicated in section 102 (7) of the Act.

Rule - 122. Powers of Inspection and Supervision.

(1)     Subject to the provision of the Odisha Panchayat Samiti (Administration of Affairs) Rules, 1987 the Chairman of the Panchayat Samiti may inspect all registers, records and documents in possession of control of a Grama Panchayat.

(2)     If the Chairman of the Samiti finds any defect or irregularity in course of his inspection on which immediate action by the Government is necessary shall send his inspection report to Government in the Grama Panchayat Department within a week from the date of inspection, with a copy to the concerned Collector.

Rule - 123.

(a)      The Grama Panchayat shall maintain a register for the purpose of recording the opinion of the member of the State Legislature of the area. This shall be placed in the meeting of the Grama Panchayat for information.

(b)      It shall be the duty of the Secretary or in his absence the Executive Officer of the Grama Panchayat to send a copy of such opinion recorded in the register to the Panchayati Raj Department, Collector or Sub-Collector and Block Development Officer within two weeks from the date of entry in the register.

(c)      Inspection note of the Inspecting Officers, Chairman of the Panchayat Samiti and visit notes of the Member of the State Legislature shall on receipt be placed in the next meeting of the Grama Panchayat.

Rule - 124. Samiti to act during disability of Panchayat.

During the disability of a Grama Panchayat as mentioned under section 113 of the Act, the Collector may direct the concerned Panchayat Samiti and its Chairman by an order in writing to exercise all or any of the powers and duties of the Grama Panchayat and of its Sarapanch respectively. A copy of such order shall be sent to the Government.

Rule - 125. Appointment of Staff.

The Grama Panchayat may with the approval of the District Panchayat Officer of the district appoint Secretary and other staff like Scavengers, Tax Collectors, Peons, etc. as may be necessary for enabling it to discharge its duties and perform its function for carrying out the purpose of the Act and the rules made there under, subject to condition that remuneration of staff appointed under this rule shall be paid by the Gram Panchayat out of its own internal income and no part of such remuneration out of grant or allotment sanctioned by the Government.

Rule - 126.

(a)      After the Grama Panchayat decides in a meeting to appoint a Secretary for the Grama Sasan either on a whole time or on a contractual basis, it shall invite applications for the purpose by giving wide publicity by way of affixing notices in the notice board of the Panchayat Samiti and the different Grama Panchayats within the jurisdiction of the Panchayat Samiti concerned. The Grama Panchayat shall also notify the vacancy to the local Employment Exchange as required by section 4 of the Employment Exchange Compulsory notification of Vacancies Act, 1959.

 

(b)      All the applications so received shall be placed before the Grama Panchayat in a meeting and the Panchayat if necessary after interviewing the candidates through a committee constituted by the Gram Panchayat shall select a person found suitable from among the applicants for appointment as Secretary.

 

(c)      After a candidate is selected, the Grama Panchayat shall write to the District Panchayat Officer for his approval. The Panchayat shall forward a copy of each of the resolution under clauses (a) and (b) above to the District Panchayat Officer.

 

(d)      On receipt of the proposal for appointment of Secretary from the Grama Panchayat if the District Panchayat Officer is satisfied that the candidate selected by the Grama Panchayat possesses the prescribed qualification and is eligible for the post of Secretary and the selection has been made in accordance with this rule and the salary proposed to be paid to the Secretary is reasonable and the Gram Panchayat has adequate internal income to meet the expenditure towards the salary, he shall approve the proposal. If the candidate selected by the Grama Panchayats is found to be disqualified for the post of Secretary or the salary proposed to be paid is excessive, the District Panchayat Officer may direct the Grama Panchayat to select another candidate in the prescribed manner or reconsider the salary and resubmit the proposal.

 

(e)      After receipt of the approval of the District Panchayat Officer, the Grama Panchayat may appoint the candidate as Secretary of the Grama Sasan:

Provided that before appointment the candidate selected for the post of Secretary shall produce a fitness certificate from a Medical Officer not below the rank of Assistant Surgeon.

(f)       After appointment of a Secretary the Grama Panchayat shall depute him to the Office of the District Panchayat Officer for a period of four months, where he shall receive his Departmental Training. On completion of the training, the period of which may be extended up to one month by the District Panchayat Officer for unsatisfactory work, the District Panchayat Officer shall issue a certificate that the candidate has completed his training.

Rule - 127.

(a)      The whole time Secretary of a Grama Panchayat shall be entitled to a consolidated monthly salary, as may be approved by the Grama Sasan.

(b)      The Secretary of a Grama Panchayat if appointed on contractual basis shall be entitled to a consolidated monthly salary, as may be approved by the Grama Sasan for a period of twelve months.

(c)      The Secretary of a Grama Panchayat whether appointed whole time or on contractual basis, shall be entitled to traveling and daily allowance at the following rates, namely:-

(1)     Traveling allowance-

(i)       for journey by train, the actual fare in the lowest class; and

 

(ii)      for journey by road, the actual fare in the public bus.

(2)     Daily allowance at the rate of fifty rupees for halt for every twenty four hours or part thereof:

Provided that no traveling or daily allowance shall be paid if the place visited is within the area of the Grama Panchayat.

(d)      The Sarapanch of the Grama Panchayat shall have power to grant leave to the Secretary of the Grama Sasan for a period not exceeding thirty days in a Calendar year during which he shall be allowed full pay and the Sarapanch shall entrust the work of the Secretary to the Executive Officer who shall remain in formal change of the Secretary. Leave exceeding thirty days in a Calendar year and up to a period of six months, which shall be without pay, can be granted to a Secretary with the approval of the Grama Panchayat.

(e)      No person shall be appointed as Secretary of the Grama Sasan unless he has completed eighteen years of age. The Secretary of the Grama Sasan shall not be retained in service after he has completed the age of 55 years.

 

(f)       The Grama Panchayat shall have the power to terminate his services or contract by adopting the procedure prescribed under rule 129(a).

 

(g)      The Grama Panchayat shall have the power to terminate the services of the Secretary appointed on contractual basis with one month notice or one month's salary in lieu thereof.

 

(h)     The Service Book and the Confidential Character Roll shall be maintained for the Secretary of the Grama Sasan in the form prescribed under the Odisha Service Code. The Executive Officer shall be responsible for the correct and up-to-date maintenance of the Service Book. The Character Roll shall remain in the custody of the Executive Officer. The Sarapanch shall record his annual remarks about the work and conduct of the Secretary in the form prescribed by the 7th April every year and thereafter the Block Development Officer shall record his own assessment. The Block Development Officer shall communicate adverse remarks, if any, to the Secretary of the Grama Sasan and advise him to rectify the defects. He shall also keep the Grama Panchayat informed and the Grama Panchayat may take such action as deemed fit within a period of three months from the date of receipt of such communication.

Rule - 128.

(a)      The security shall be taken from the Secretary of the Grama Sasan, the amount of which shall not exceed the amount of cash and the money value of the valuable handled or likely to be handled by the Secretary. Such security shall be either (i) in cash or (ii) Post Office Savings Bank Deposit or (iii) Government Treasury Notes or (iv) National Savings Certificates.

(b)      In exceptional cases, where the Secretary is not able to render security either in lump sum or any other of the kinds specified in this rule, the security due shall be obtained from him in installments by reduction of ten (10%) per cent of the salary or such other sum as would make up the security in three years:

Provided that until the full amount of security required in cash has been recovered, personal security may be obtained for not less than double the security required in cash from persons who are solvent to the satisfaction of the Sarapanch or security in immovable property not less than double the amount of security required in cash shall be taken. In later case, the Sarapanch shall satisfy himself that the property accepted as security is free from all encumbrances and that the person tendering such security has absolute title over it.

Rule - 129.

(a)      The Grama Panchayat may remove the Secretary of the Grama Sasan from services if he willfully omits or refuses to carry out the duties and functions entrusted to him under the provisions of the Act and the rules or orders made there under or by his action causes loss to the Grama Sasan or has been convicted of any offence:

Provided that no order of removal shall be passed by the Grama Panchayat without giving him reasonable opportunity of showing cause. The grounds on which he is proposed to be removed shall be reduced to the form of definite charge or charges which shall be communicated to him in writing. He shall be required to submit his explanation in writing within a reasonable time.

The Gra Panchayat shall take a decision in the matter after having considered the explanation of the Secretary or any other staff, if any, as the case may be, and having heard him, if he so desires, and thereafter, order of removal may be passed.

(b)      The Grama Panchayat may suspend the Secretary of the Grama Sasan pending drawal of the proceedings against him under this rule or if he has been detained in custody for more than forty eight hours, under the provisions of any law for the time being in force. During the period of suspension the Secretary of the Grama Sasan shall be paid subsistence allowance the amount of which shall not exceed half of his monthly salary.

(c)      Provisions of rule 125, 126(a),(b),(c) and (d) shall apply mutatis mutandis in respect of selection of other staff.

Rule - 130.

The Grama Panchayat shall decide the remuneration and allowance to be paid to its staff and the expenditure towards such remuneration shall be met out of its own income as provided under sub-section (2) of section 123 of the Act:

Provided that the Grama Panchayat may appoint the Tax Collector on commission basis as may be decided by the Grama Panchayat:

Provided further, that the Grama Panchayat may from time to time determine the duties to be assigned to the various posts on its establishment.

Rule - 131.

Security shall be taken from the Tax Collector, if any, employed by the Grama Panchayat.

Rule - 132. Prescribed Authority.

(a)      The Collector shall be the prescribed authority for the purposes of section 129 of the Act; and

(b)      The Government shall be the prescribed authority for the purpose of section 49 of the Act.

Rule - 133. Miscellaneous.

Whoever contravenes any of the provisions of the rule framed under the Act, or fail to comply with any notice or direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the said provisions and in the absence of any express provision in that behalf shall without prejudice to any other liability under any other provisions of the Act or rules be on conviction punishable with fine which may extend to one hundred rupees and when the contravention or non-compliance is a continuing one with a further fine which may extend to ten rupee for every day after the date of the first conviction during which an offender is proved to have persisted in committing the offence.

Rule - 134. Annual Administration Report on Working of Grama Panchayats.

(1)     The Grama Panchayat shall after the close of each financial year, submits the annual administration report on the working of the Grama Panchayat, after its approval in Panchayat meeting, to the District Panchayat Officer by the 15th May of the following year.

 

(2)     The District Panchayat Officer shall compile the Annual Administration Report on the basis of Annual Reports submitted by the Gram Panchayats under clause (a) and (b) of sub-rule (4) submit the consolidated report to the Collector by the 15th of July.

 

(3)     The Collector shall send a consolidated report for his district along with his observations thereon to the Government by end of September each year.

 

(4)     (a) The Annual Administration Report shall contain a brief and precise account of the working of the Grama Panchayat, its achievements and failures with reference to it's targets, if any, fixed along with the subjects of interests.

(b) Information shall be furnished in the pro forma along with Formats I II III IV V VI VII VIII and as may be prescribed by the Government.

Rule - 135. The Odisha Grama Panchayat Rules, 1968 are hereby repealed.

Provided that, notwithstanding such repeal, any action taken, orders issued, resolutions adopted under the Rules so repealed, shall be deemed to have been taken, issued or adopted under these rules.

Rule - 136.

If at any time or in any case it appears to the Government that doubt or difficulty has arisen in implementation of these rules, they may issue such general special guidelines or orders for removal of the doubt or difficulty.

ANNEXURE

RULES OF BUSINESS

(1)     Meetings of Grama Panchayat

The meetings of the Grama Panchayat shall be held at the office of the Grama Panchayat or at such other public place within the local area as the Sarpanch may, from time to time, determine:

Provided that no person who is the relative of a member shall be allowed to participate in the meetings or interfere in the day to day business of the Grama Panchayat.

(2)     Every Grama Panchayat shall meet at least once in every month and the date of such meeting shall be decided by the Sarapanch or in his absence by the Naib Sarapanch:

Provided that when for any reason it is not possible to hold a meeting on the date so fixed, it shall be held on a day within fifteen days from the date fixed as will be decided by the Sarapanch.

(3)     (1) The Sarpanch may call special meeting of the Grama Panchayat at any time and shall do so on the requisition of at least one-third of the total membership of the Grama Panchayat. If the Sarpanch fails to call a meeting within thirty days after receiving such a requisition, the member who have signed the requisition may report the fact to the Collector who shall thereupon call the meeting within seven days from receipt of the report.

(2) The Collector or any other Officer empowered by Government may give requisition and call for special meetings of the Grama Panchayat. The Secretary or in his absence the Executive Officer, after receiving such requisition shall issue notice for meeting of the Grama Panchayat.

(4)     Notice of Meetings.

(1)     At least seven clear day's notice of ordinary meeting or special meeting of Grama Panchayat shall be given.

(2)     A copy of the notice shall be forwarded to the concerned Block Development Officer.

(5)     (i) The notice of the meeting of the Grama Panchayat shall be served on every member.

(ii) The Secretary or in his absence the Executive Officer after taking approval of the Sarapanch shall circulate the notice in a Notice Book which shall be signed by each of the Ward Members through the staff of the Grama Panchayat.

(iii) In case of absence of any Ward Member, the notice shall be served by affixture in the presence of two witnesses.

(iv) Accidental failure of service of notice on any member shall not invalidate the proceedings of any meeting.

(6)     The notice shall set forth clearly and fully the business to be transacted at the meeting but the Sarpanch may bring forward any motion or proposition not specified in the notice.

(7)     Quorum and Adjournment of Proceedings at Meetings

A quorum for any meeting shall be one-third of the total number of members of the Grama Panchayat. If at a meeting of the Grama Panchayat a quorum is not present, the Sarpanch, the Naib-Sarpanch or the member presiding the meeting shall adjourn the meeting until such other day as he thinks fit of which not less than three clear days notice shall be given. At such adjourned meeting the members present, whatever their number may be shall, form the quorum.

(8)     The Sarpanch or in his absence the Naib-Sarpanch shall preside at every meeting of the Grama Panchayat and in absence of both, the members present at that meeting shall choose a member to preside over that meeting.

(9)     At ordinary meetings of the Grama Panchayat the business shall be conducted in the following order:-

(a)      the minutes of the last ordinary meeting and of any special meeting held, shall be read and if approved as correctly entered, shall be signed by the President of such meeting.

 

(b)      Business postponed from the last ordinary meeting shall be considered.

 

(c)      The Secretary or in his absence the Executive Officer shall place before the meeting a report indicating the letters received and issued and business transacted since the last meeting for information of all members.

 

(d)      A progress report on each development works taken up by the Panchayat and the detail of the work and advances outstanding against each work shall be laid before the members for review.

 

(e)      Monthly accounts and statements including receipt and expenditure as prescribed in FORMAT-I shall be considered and passed.

 

(f)       Demand, Collection and Balance position of Grama Panchayat, as prescribed in FORMAT-VIII dues shall be considered and action to be taken for realization of arrears, if any.

 

(g)      Motions and amendments thereof duly moved and seconded shall be discussed.

 

(h)     Report of the various committees be read, considered and approved.

 

(i)       Expenditure required to be incurred met shall be considered and approved.

 

(j)       Receipts and expenditure up to the date of meeting be verified with approved budget figures and the position be discussed, as prescribed in FORMAT-I.

 

(k)      Programme for management of properties vested or transferred to Grama Panchayats and whether auction purchaser is complying with the terms of agreement is discussed.

 

(l)       Pendency of utilization certificates in respect of grants-in-aid received be discussed.

 

(m)    Inspection note, audit report and visiting remarks on the Grama Panchayat received since last meeting be read and action to be taken be resolved.

 

(n)     Vacancy in membership of the Grama Panchayat be noted and Sarapanch be requested to inform the Sub-Collector.

 

(o)      Any other business set forth in the notice shall be considered.

 

(p)      Directions given by the Grama Sabha shall be discussed and complied.

(10)   At a special meeting only the business for which the meeting was called shall be considered.

(11)   Notwithstanding anything contained in that rules it shall be competent for the Grama Panchayat at a meeting to transact any business other than those set forth in the notice if the majority of the members present agree to do so.

(12)   A member of a Grama Panchayat who wishes to move a resolution or ask any question shall intimate his intention in writing to the Sarpanch giving at least seven clear days notice and such notice shall contain a copy of the resolution or question.

Provided that, the Sarpanch may allow a resolution with shorter notice to be entered in the list of business.

(13)   (1) No resolution or question shall be admissible which does not comply with the following conditions, namely:-

(a)      It shall be clearly and precisely expressed and shall raise a definite issue;

 

(b)      It shall not contain arguments, ironical expressions or defamatory statements, nor shall it refer to the conduct or character of persons except in their official or public capacity;

 

(c)      It shall refer and have direct bearing to the discretionary and obligatory functions of the Grama Panchayats under the Act; and

 

(d)      It shall not contain any adverse view or objection to the decision of the Grama Sabha.

(14)   Every motion or amendment duly moved shall be seconded and until seconded no debate thereon shall take place.

(15)   Every motion or amendment duly made and seconded and pressed to a division shall be reduced to writing and signed by the proposer and seconder before being put to the vote. Every such resolution or amendment shall be recorded in full in the proceeding together with the number and names of voters for and against it.

(16)   The President of the meeting may for reasons to be recorded in writing in the minutes of the proceedings:-

(a)      Rule that a motion or amendment is illegal or out of order; and

(b)      make such alterations in to motion or amendment as shall in his opinion render it legal and in order; and may in case of (a) refuse to put the motion or amendment to the meeting and in the case of (b) refuse to put the motion or amendment to the meeting unless and until the proposer and the seconder accept and sign the alterations made therein and the decision of the President thereon shall be final.

(17)   After a motion has been moved and seconded, an amendment may be moved at any stage of the debate thereon.

(18)   On the discussion being concluded, in the event of several amendments having been proposed, the President of the meeting shall put the amendments at vote in the reverse of the order in which they were moved and when the amendments have been disposed of, he shall put to vote the original motion or the motion as amended as the case may be.

(19)   All questions which may come before the meeting shall be decided by a majority of votes. In case of equality of votes, the President of the meeting shall have a second or casting vote.

(20)   Voting by proxy is prohibited. No member shall vote upon any motion or amendment unless, he be present in person at the meeting when it is put to vote.

(21)   Unless passed by a majority of two-third of the members no subject once disposed of can be altered within six months.

(22)   The business in the meeting shall be transacted and the minutes of proceedings shall be recorded in Odia.

(23)   Minutes of proceedings shall be entered by the Secretary on in his absence by the Executive Officer in a book to be kept for the purpose and shall be signed by the members present at the meeting. The President at the end of the meeting shall sign and certify the correct recording of the proceedings and the number of members present at such meeting. The Proceeding Book shall be open to the inspection of the public:

Provided that in absence of the Secretary and the Executive Officer the Sarapanch shall take necessary steps for proper recording of the proceedings.

(24)   The Executive Officer shall send a copy of the proceedings to the concerned Block Development Officer, Sub-Collector and District Panchayat Officer within 7 days from the date of the meeting.

(25)   The meeting of the Grama Panchayat shall be open to the public, but if the consensus of opinion of the members is that the public or any individual member of the public should not be present in the precincts of the meeting the President shall require the public or the individual member of the public to withdraw from such meeting.

(26)   Compounding Rules

The offences under the Act or Rule or bye-laws made there under may be compounded by the Grama Panchayat either before or after institution of proceedings in the Court, if considered appropriate, for compounding of the same.

(27)   An offence shall be compounded by a written agreement between the offending party and the Grama Panchayat, if proceedings in regard to an offence have been started in a Court the compromise petition by both parties shall be filed in the Court for a decision thereof.

(28)   Any person aggrieved by an order of the Grama Panchayat under sub-section (1) section 147 may prefer an appeal to the Collector within fifteen days from such order enclosing a copy of it.

(29)   Bye-Laws

A Grama Panchayat shall before making any bye-laws under subsection (1) of section 151 of the Act, publish a draft of the proposed bye-laws in Odia by pasting the same at a conspicuous place in the local area within its jurisdiction for giving information to the persons interested together with a notice specifying a date on or after which the same will be taken into consideration.

(30)   The Grama Panchayat shall also cause a public proclamation to be made throughout the local area within its jurisdiction by beat a drum that a copy of the said draft has been published and pasted at the aforesaid place and that the original is open for inspection at the office of the Grama Panchayat.

(31)   The Grama Panchayat shall before making such bye-laws consider any objection of suggestion which may be received by it from any person with respect to the said draft before the date so specified.

(32)   The bye-laws so made by the Grama shall be forwarded to the Government through the Collector for its approval.

(33)   After approval of the Government is communicated to the Grama Panchayat, such bye-laws in Odia shall be published by it by pasting the same in the notice board of the Grama Panchayat and such publication shall be conclusive proof that the bye-laws have been duly made, and the bye-law so made shall come into effect on and from the date of such publication.

ANNEXURE

RULES OF BUSINESS

(1)     Meetings of Grama Panchayat

The meetings of the Grama Panchayat shall be held at the office of the Grama Panchayat or at such other public place within the local area as the Sarpanch may, from time to time, determine:

Provided that no person who is the relative of a member shall be allowed to participate in the meetings or interfere in the day to day business of the Grama Panchayat.

(2)     Every Grama Panchayat shall meet at least once in every month and the date of such meeting shall be decided by the Sarapanch or in his absence by the Naib Sarapanch:

Provided that when for any reason it is not possible to hold a meeting on the date so fixed, it shall be held on a day within fifteen days from the date fixed as will be decided by the Sarapanch.

(3)     (1) The Sarpanch may call special meeting of the Grama Panchayat at any time and shall do so on the requisition of at least one-third of the total membership of the Grama Panchayat. If the Sarpanch fails to call a meeting within thirty days after receiving such a requisition, the member who have signed the requisition may report the fact to the Collector who shall thereupon call the meeting within seven days from receipt of the report.

(2) The Collector or any other Officer empowered by Government may give requisition and call for special meetings of the Grama Panchayat. The Secretary or in his absence the Executive Officer, after receiving such requisition shall issue notice for meeting of the Grama Panchayat.

(4)     Notice of Meetings

(1)     At least seven clear day's notice of ordinary meeting or special meeting of Grama Panchayat shall be given.

(2)     A copy of the notice shall be forwarded to the concerned Block Development Officer.

(5)     (i) The notice of the meeting of the Grama Panchayat shall be served on every member.

(ii) The Secretary or in his absence the Executive Officer after taking approval of the Sarapanch shall circulate the notice in a Notice Book which shall be signed by each of the Ward Members through the staff of the Grama Panchayat.

(iii) In case of absence of any Ward Member, the notice shall be served by affixture in the presence of two witnesses.

(iv) Accidental failure of service of notice on any member shall not invalidate the proceedings of any meeting.

(6)     The notice shall set forth clearly and fully the business to be transacted at the meeting but the Sarpanch may bring forward any motion or proposition not specified in the notice.

(7)     Quorum and Adjournment of Proceedings at Meetings

A quorum for any meeting shall be one-third of the total number of members of the Grama Panchayat. If at a meeting of the Grama Panchayat a quorum is not present, the Sarpanch, the Naib-Sarpanch or the member presiding the meeting shall adjourn the meeting until such other day as he thinks fit of which not less than three clear days notice shall be given. At such adjourned meeting the members present, whatever their number may be shall, form the quorum.

(8)     The Sarpanch or in his absence the Naib-Sarpanch shall preside at every meeting of the Grama Panchayat and in absence of both, the members present at that meeting shall choose a member to preside over that meeting.

(9)     At ordinary meetings of the Grama Panchayat the business shall be conducted in the following order:-

(a)      the minutes of the last ordinary meeting and of any special meeting held, shall be read and if approved as correctly entered, shall be signed by the President of such meeting.

(b)      Business postponed from the last ordinary meeting shall be considered.

(c)      The Secretary or in his absence the Executive Officer shall place before the meeting a report indicating the letters received and issued and business transacted since the last meeting for information of all members.

(d)      A progress report on each development works taken up by the Panchayat and the detail of the work and advances outstanding against each work shall be laid before the members for review.

(e)      Monthly accounts and statements including receipt and expenditure as prescribed in FORMAT-I shall be considered and passed.

(f)       Demand, Collection and Balance position of Grama Panchayat, as prescribed in FORMAT-VIII dues shall be considered and action to be taken for realization of arrears, if any.

(g)      Motions and amendments thereof duly moved and seconded shall be discussed.

(h)     Report of the various committees be read, considered and approved.

(i)       Expenditure required to be incurred met shall be considered and approved.

(j)       Receipts and expenditure up to the date of meeting be verified with approved budget figures and the position be discussed, as prescribed in FORMAT-I.

(k)      Programme for management of properties vested or transferred to Grama Panchayats and whether auction purchaser is complying with the terms of agreement is discussed.

(l)       Pendency of utilization certificates in respect of grants-in-aid received be discussed.

(m)    Inspection note, audit report and visiting remarks on the Grama Panchayat received since last meeting be read and action to be taken be resolved.

(n)     Vacancy in membership of the Grama Panchayat be noted and Sarapanch be requested to inform the Sub-Collector.

(o)      Any other business set forth in the notice shall be considered.

(p)      Directions given by the Grama Sabha shall be discussed and complied.

(10)   At a special meeting only the business for which the meeting was called shall be considered.

(11)   Notwithstanding anything contained in that rules it shall be competent for the Grama Panchayat at a meeting to transact any business other than those set forth in the notice if the majority of the members present agree to do so.

(12)   A member of a Grama Panchayat who wishes to move a resolution or ask any question shall intimate his intention in writing to the Sarpanch giving at least seven clear days notice and such notice shall contain a copy of the resolution or question.

Provided that, the Sarpanch may allow a resolution with shorter notice to be entered in the list of business.

(13)   (1) No resolution or question shall be admissible which does not comply with the following conditions, namely:-

(a)      It shall be clearly and precisely expressed and shall raise a definite issue;

(b)      It shall not contain arguments, ironical expressions or defamatory statements, nor shall it refer to the conduct or character of persons except in their official or public capacity;

(c)      It shall refer and have direct bearing to the discretionary and obligatory functions of the Grama Panchayats under the Act; and

(d)      It shall not contain any adverse view or objection to the decision of the Grama Sabha.

(14)   Every motion or amendment duly moved shall be seconded and until seconded no debate thereon shall take place.

(15)   Every motion or amendment duly made and seconded and pressed to a division shall be reduced to writing and signed by the proposer and seconder before being put to the vote. Every such resolution or amendment shall be recorded in full in the proceeding together with the number and names of voters for and against it.

(16)   The President of the meeting may for reasons to be recorded in writing in the minutes of the proceedings:-

(a)      Rule that a motion or amendment is illegal or out of order; and

(b)      make such alterations in to motion or amendment as shall in his opinion render it legal and in order; and may in case of (a) refuse to put the motion or amendment to the meeting and in the case of (b) refuse to put the motion or amendment to the meeting unless and until the proposer and the seconder accept and sign the alterations made therein and the decision of the President thereon shall be final.

(17)   After a motion has been moved and seconded, an amendment may be moved at any stage of the debate thereon.

(18)   On the discussion being concluded, in the event of several amendments having been proposed, the President of the meeting shall put the amendments at vote in the reverse of the order in which they were moved and when the amendments have been disposed of, he shall put to vote the original motion or the motion as amended as the case may be.

(19)   All questions which may come before the meeting shall be decided by a majority of votes. In case of equality of votes, the President of the meeting shall have a second or casting vote.

(20)   Voting by proxy is prohibited. No member shall vote upon any motion or amendment unless, he be present in person at the meeting when it is put to vote.

(21)   Unless passed by a majority of two-third of the members no subject once disposed of can be altered within six months.

(22)   The business in the meeting shall be transacted and the minutes of proceedings shall be recorded in Odia.

(23)   Minutes of proceedings shall be entered by the Secretary on in his absence by the Executive Officer in a book to be kept for the purpose and shall be signed by the members present at the meeting. The President at the end of the meeting shall sign and certify the correct recording of the proceedings and the number of members present at such meeting. The Proceeding Book shall be open to the inspection of the public:

Provided that in absence of the Secretary and the Executive Officer the Sarapanch shall take necessary steps for proper recording of the proceedings.

(24)   The Executive Officer shall send a copy of the proceedings to the concerned Block Development Officer, Sub-Collector and District Panchayat Officer within 7 days from the date of the meeting.

(25)   The meeting of the Grama Panchayat shall be open to the public, but if the consensus of opinion of the members is that the public or any individual member of the public should not be present in the precincts of the meeting the President shall require the public or the individual member of the public to withdraw from such meeting.

(26)   Compounding Rules

The offences under the Act or Rule or bye-laws made there under may be compounded by the Grama Panchayat either before or after institution of proceedings in the Court, if considered appropriate, for compounding of the same.

(27)   An offence shall be compounded by a written agreement between the offending party and the Grama Panchayat, if proceedings in regard to an offence have been started in a Court the compromise petition by both parties shall be filed in the Court for a decision thereof.

(28)   Any person aggrieved by an order of the Grama Panchayat under sub-section (1) section 147 may prefer an appeal to the Collector within fifteen days from such order enclosing a copy of it.

(29)   Bye-Laws

A Grama Panchayat shall before making any bye-laws under subsection (1) of section 151 of the Act, publish a draft of the proposed bye-laws in Odia by pasting the same at a conspicuous place in the local area within its jurisdiction for giving information to the persons interested together with a notice specifying a date on or after which the same will be taken into consideration.

(30)   The Grama Panchayat shall also cause a public proclamation to be made throughout the local area within its jurisdiction by beat a drum that a copy of the said draft has been published and pasted at the aforesaid place and that the original is open for inspection at the office of the Grama Panchayat.

(31)   The Grama Panchayat shall before making such bye-laws consider any objection of suggestion which may be received by it from any person with respect to the said draft before the date so specified.

(32)   The bye-laws so made by the Grama shall be forwarded to the Government through the Collector for its approval.

(33)   After approval of the Government is communicated to the Grama Panchayat, such bye-laws in Odia shall be published by it by pasting the same in the notice board of the Grama Panchayat and such publication shall be conclusive proof that the bye-laws have been duly made, and the bye-law so made shall come into effect on and from the date of such publication.