OZP Act 3

Section 3 · Constitution and function of Parishad

(1)

The Government may, by notification constitute a Parishad for every district.

(2)

Every Parishad shall, by the name of the district for which it is constituted, be a body corporate having perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this Act or any other enactment shall have the power to acquire and hold property, both movable and immovable, to transfer any such property held by it, to enter into contracts and to do all other things as may be considered necessary, proper or expedient for the purpose of this Act and may sue and be sued in its corporate name.

(3)

Every Parishad shall have the power to -

(i)

undertake schemes or adopt measures including giving of financial assistance relating to the development of agriculture, social forestry, livestock, industries, co-operative movement, rural credit, water-supply, distribution of essential commodities, rural electrification including distribution of electricity, minor irrigation, public health and sanitation including establishment of dispensaries and hospitals, communications, primary, secondary and adult education including welfare and other objects of general public utility;

(ii)

[ prepare plans for economic development and social justice; [Substituted vide Orissa Act No. 21 of 1995 (O.G.E. No. 1448 dated 21.12.1995).]

(ii-a) implement schemes for economic development and social justice and undertake execution of any other scheme, performance of any act or management of any institution or organisation, as the Government may, by order, entrust to it including those in relation to the matters listed in the Eleventh Schedule to the Constitution of India, subject to such terms and conditions as may be specified in the order];

(iii)

manage or maintain any work of public utility or any institution vested in it or under its control and management;

(iv)

grant aid to any school, public library, public institution of public welfare organization within the district;

(v)

contribute such sums as may be agreed upon towards the cost of maintenance of any institution situated outside the district which is beneficial to and habitually used by the inhabitants of the district;

(vi)

establish scholarships or award stipends within the State for the furtherance of technical or other special forms of education;

(vii)

[* * *] [Omitted vide Orissa Act No. 4 of 2001 (O.G.E.No. 994 dated 28.5.2001).]

(viii)

make grants to Samitis or Grama Panchayat within the district;

(ix)

contribute, with the approval of Government, such sums as it may decide towards the cost of water-supply or anti-epidemic measures undertaken by a Municipal or Notified Area Council within the district;

(x)

adopt measures for the relief of distress;

(xi)

co-ordinate and integrate the development plans and the schemes prepared by a Samiti in the district;

(xii)

[* * *] [Omitted vide Orissa Act No. 17 of 1997 (O.G.E.No. 1566 dated 22.12.1997).]

(xiii)

prepare, execute and supervise the district plan relating to -

(a)

monitoring and supervision of programmes like Jawahar Rojgar Yojana (J.R.Y). to be directly implemented by Grama Panchayat and Panchayat Samitis;

(b)

implementation of anti-poverty programmes and monitoring supervision thereof;

(c)

discharge of responsibilities and functions as assigned to the District Rural Development Agencies from time to time; and

(d)

distribution of untied funds;

Explanation. - The expression -

(1)a "District Rural Development Agency" means a society registered under the Societies Registration Act, 1860 and sponsored by the Central Government for implementation of Integrated Rural Development Programme in the State.

(2)"Jawahar Rojgar Yojana" means the Jawahar Rojgar Yojana as defined in the Orissa Grama Panchayats Act, 1964.

(4)

Notwithstanding anything to the contrary in any other law for the time being in force, for the purpose of efficiently performing its functions under this Act, every Parishad may, within the limits of its jurisdiction-

(a)

Collect such data as it deems necessary;

(b)

publish statistics or other informations relating to the various aspects of the regulation of the development activities of Grama Panchayats and Samitis in the district;

(c)

require any Grama Panchayat or Samiti to furnish such information as may be required by it in relation to the measures undertaken by that Grama Panchayat or Samiti for the regulation of its developmental activities and such other matters as may be prescribed.

(5)

Every non-official member of a Parishad shall, subject to such restrictions as may be prescribed, have power to inspect and supervise the primary educational institutions, hospitals and dispensaries, agricultural farms and veterinary dispensaries, and hospitals situated within the jurisdictions of the Parishad and shall submit his report along with his suggestion to the Parishad which shall, after examining the same, advise the Government as to the course of action to be adopted.

(6)

[ Notwithstanding anything to the contrary in this Act or in any other law for the time being in force, in the Scheduled Areas,-

(a)

no prospecting licence or mining lease for minor minerals or concession for the exploitation of minor minerals by auction shall be granted under any law on or after the commencement of the Orissa Zilla Parishad (Amendment) Act, 1997, except with the prior recommendation of the Parishad;

(b)

no acquisition of land for development projects and for re-settling or rehabilitating persons affected by such projects shall be made under any law without prior consultation with the Parishad; and

(c)

the Parishad shall plan and manage the minor water bodies.]

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