The Orissa Grama Panchayats (Constitution of Standing Committees) Rules, 2002

Published vide Notification No. S.R.O. No.428/2002, dated 18th April 2002, Orissa Gazette Extraordinary No. 568/26.4.2002

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Panchayati Raj (G.P.) Department

S.R.O. No.428/2002 dated 18th April 2002. - Whereas the draft of the Orissa Grama Panchayats (Constitution of Standing Committees) Rules, 2001 was published as required under Sub-section (1) of Section 150 of the Orissa Grama Panchayats Act. 1964 (Orissa Act 1 of 1965), in the extraordinary issue No. 1798 of the Orissa Gazette dated the 29th September 2001 under the notification of the Government of Orissa in the Panchayati Raj (Grama Panchayat) Department No. 17602.G.P, dated the 28 September 2001 bearing S.R.O. No.548/2001, inviting objections and suggestions from all 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 Orissa Gazette;

And whereas, no objection or suggestion has been received by the State Government in respect of the said draft within the period so specified;

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

Preliminary

Short title and commencement.- (1) These rules may be called the Orissa Grama Panchayats (Constitution of Standing Committees) Rules, 2002.

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

Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Orissa Grama Panchayats Act, 1964;

(b) "Block Development Officer" means the Block Development Officer as defined under the Orissa Panchayat Samiti Act, 1959;

(c) "Elected Members" means the total sanctioned strength of the members, excluding seats which are vacant, elected under Section 10 of the Act;

(d) "Panchayat" means a Grama Panchayat constituted under the Act; and

(e) "Standing Committee" means the Committees referred to in Section 125 of the Act.

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

Part-I

Numbers and Composition of the Standing Committee

Constitution of Standing Committee.- (1) Every Grama Panchayat shall by resolution constitute the following Standing Committees, namely:-

(a) Planning, Finance, Anti-poverty programme and Co-ordination Standing Committee;

(b) Agriculture, Animal Husbandary, Soil Conservation, Horticulture, Watershed Development and Fisheries Standing Committee;

(d) Health, Social Welfare including Women and Child Development Standing Committee;

(e) Public Distribution System, Welfare of Weaker Section, Forest, Fuel and Fodder Standing Committee;

(f) Handicrafts, Cottage Industry, Khadi and Village Industries and Rural Housing Standing Committee; and

(g) Education, Sports and Culture Standing Committee.

(2) If at any time or in any case doubt arises on a subject or scheme as to which Standing Committee it relates, the same shall be placed before the Panchayat for its decision which shall be final and the subject or scheme shall accordingly be entrusted to the particular Standing Committee.

Composition of the Standing Committee.- (1) Every Standing Committee shall consist of-

(i) five members in case of a Panchayat having twenty or more elected members; or

(ii) three members in case of Panchayat having less than twenty elected members.

(2) The Chairman and members of the Standing Committees shall be elected by and from among the elected members of the Panchayat :

Provided that in case of Standing Committee as referred to in clause (d) of sub-rule (1) of rule 3, the Sarpanch or Naib-Sarpanch whoever be woman shall be the Chairman and only woman members shall be elected to such Standing Committees.

(3) The Secretary of the Panchayat shall be the ex-officio Secretary of all Standing Committees.

Co-opted members.- (1) A Panchayat may co-opt to each of the Standing Committee not more than three persons, not being members of the Panchayat, having experience and knowledge of the subjects assigned to the respective Standing Committee.

(2) Representatives not exceeding three in number from among the Lead Bank, Co-operative Banks/Commercial Banks, Regional Rural Banks, the Life Insurance Corporation and General Insurance Corporations functioning within the local area of the Panchayat may be co-opted as members of the concerned Standing Committees if their assistance is felt necessary :

Provided that co-opting of these members shall be subject to the prior approval of the panchayat.

Term of Office.- (1) The term of office of every Standing Committee shall be for a period of two years.

(2) One month before expiry of the term of a Standing Committee, election as provided under sub-rule (2) of rule 4 shall be held for constitution of a new Standing Committee.

Part II

Powers and Functions of the Standing Committee

Subject of the Standing Committee.- The respective Standing Committee of the Panchayat shall deal with the matters for which it has been constituted.
Functions of the Standing Committee.- Every Standing Committee-

(i) shall review the matters placed before it in relation to the subjects or schemes as assigned to it and prepare plans and projects thereof and furnish its recommendations to the Panchayat.

(ii) shall ensure proper implementations of the plans and projects prepared by them and shall be responsible for the financial and physical achievements in respect of the schemes and programmes assigned to them.

Functions of the Panchayat.- (1) The recommendations of the Standing Committee shall be placed before the Panchayat in finalising the programmes and Schemes and in allocation of the resources.

(2) The implementation of the recommendations of the Standing Committee shall be subject to the decision of the Panchayat:

Provided that it shall be competent for the Panchayat to revise or modify and such recommendation as it may deem proper.

Part III

Conduct of Business of Standing Committees

Ordinary meeting.- Each Standing Committee shall meet in the Office of the Panchayat on such date and such time as the Chairman of the Standing Committee may decide.
Special Meeting of the Standing Committee.- The Chairman of the Standing Committee may at any time call a special meeting of the Standing Committee within a week of the receipt of a requisition by a majority of the members of the Standing Committee. The agenda and the time of the meeting shall be approved by the Chairman of the Committee.
Business of the Standing Committee.- (1) No business shall be transacted at any meeting of a Standing Committee unless a majority of its members are present.

(2) The business of the Standing Committee shall be conducted in a simple manner.

Minutes of the proceedings.- (1) All minutes of the proceedings of a meeting shall be recorded in a book and shall be signed by the Chairman after the meeting. For this purpose only summary of discussion and the recommendations of the Standing Committee shall be recorded.

(2) The Secretary with the approval of the Sarpanch shall place the minutes of the proceedings of the Standing Committee in the next meeting of the Panchayat for consideration.

(3) Copies of the minutes of the proceedings referred to in sub-rule (1) shall also be communicated to the concerned Block Development Officer and Sub Divisional Panchayat Officer.

Powers of First Standing Committee in case of conflict.- In the event of conflict in the recommendations in any matter between two or more Standing Committees, the matter shall be placed before the Standing Committee as referred to in clause (a) of sub-rule (1) of rule 3 for its decision which shall be final.

Part IV

Miscellaneous

Staff.- Every Standing Committee of the panchayat may, for transacting its business and for carrying out the purposes for which it is constituted, utilise the services of the Secretary of the Grama Panchayat.
Interpretation of rules.- If any question arises as to the Interpretation of these rules the same shall be referred to the Government for decision.
Power of Government to issue instruction.- The Government may from time to time, issue such administrative instructions, as occasion may require for :-

(i) Smooth implementation of the these rules; and

(ii) Removal of any doubt or difficulties arising out of implementation of these rules.

Repeal and savings.- The Orissa Grama Panchayats (Constitution of Standing Committee) Rules, 1997 are hereby repealed:

Provided that notwithstanding such repeal, but subject to sub-rule (1) of rule 3, all actions taken or orders issued under the rules so repealed shall be deemed to have been respectively taken or issued under these rules.