OBG Act 16Chapter III · Constitution, powers and functions of the Grams Parishad

Section 16 · Declaration of a village as Gramdan village and constitution of Grama Parishad

(1)

Where, in a village or in a part of a village-

(a)

the extent of lands donated for Bhoodhan Yagna or Gramdan, in respect of which declarations filed under Section 12 have been confirmed or deemed to have been confirmed, is not less than fifty-one per cent of the total extent of land held under private ownership by the residents of that village or part thereof;

(b)

the number of persons whose declarations have been so confirmed is not less than seventy-five per cent of the total number of persons owning lands and residing in the village or part thereof; and

(c)

not less than seventy-five per cent of the persons who have completed the age of twenty-one years and who are residing in the village or part thereof have declared in the prescribed form and manner their desire to participate in the Gramdan movement ;

the State Government or any officer not below the rank of a Collector specially authorised by them in that behalf may, on the recommendation of .the Samiti declare, by notification, the village or such part thereof, as the case may be, to be a Gramdan village with effect from the date specified in such notification :Provided that no such part of a village shall be so declared unless the lands donated from a compact block and unless the requisite extent of communal and reserved land is contiguous to that part.

(2)

As soon as may be after the publication of the notification under Sub-section (1), there shall be constituted for the Gramdan village specified in the notification, a Grama Parishad and every person who has completed the age of twenty-one years who, either has donated any land for Bhoodan Yagna or Gramdan or who owns any land of house or whose name is included in the electoral roll of that village under the Orissa Grama Panchayat Act, 1964, (Orissa Act

1 of 1965

) shall be a member of such Parishad :Provided that a person shall be disqualified for being member of such Parishad it he is not a citizen of India or is of unsound mind and stands so declared by a competent Court.

(3)

The Grama Parishad shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act and the rules made thereunder, to acquire hold and dispose of property and to contract and may, by the said name, sue or be sued.

(4)

The Samiti shall cause to be prepared and published in the prescribed manner a list of the names of members of each Grama Parishad and the Grama Parishad may, from time to time, amend the list for the purpose of bringing it up to-date and a copy of every such amendment shall be forwarded to the Samiti which shall cause it to be published in the prescribed manner.

(5)

Every such list and amendments thereto published under Subsection (4) shall be final and shall not be questioned in any Court of law.

(6)

With effect from the date on which the list of members of the Grama Parishad is first published all the lands. In the Gramdan village which have vested in the Samiti under this Act, shall stand transferred to and vest in the Grama Parishad.

(7)

Any land in the Gramdan village which vests in the Samiti by way of donation after the aforesaid date shall also stand transferred to and vest in, the Grama Parishad with effect from the date on which it vested in the Samiti.

(8)

There shall be a President and Vice-President for each Grama Parishad who shall be elected in the prescribed manner by the members of the Grama Parishad from among themselves.

(9)

The President and the Vice-President shall hold office for a period of four years from the respective date of their election.

(10)

The President may resign his office by giving notice in writing to the Grama Parishad and on the resignation being accepted by the Parishad he shall be deemed to have vacated his office.

(11)

The Vice-President may resign his office by giving notice in writing to the President and he shall be deemed to have vacated his office with effect from the date on which the notice was received by the President.

(12)

The President shall exercise such powers and perform such functions as may be prescribed.

(13)

The Vice-President shall exercise such powers and perform such functions of the President as the President may, from time to time, delegate to him in writing.

(14)

Any casual vacancy, in the office of the President or Vice-President shall, as soon as may be after the occurrence of such vacancy, be filed up by election held in accordance with the provisions of Sub-section (8) and the President or the Vice-President so elected shall enter upon office forthwith but shall hold office only for the residue of the term of his predecessor.

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