Section 16 in The Orissa Panchayat Samiti Act, 1959
16. Constitution of the Panchayat Samiti
- [(1) Every block shall have a Samiti consisting of the following members, namely ;(a)the Chairman and the Vice-Chairman of the Samiti elected in the manner provided in Sub-section (3);(b)one member elected directly on the basis of adult suffrage from every constituency within the Block in the prescribed manner;(c)Sarpanchas of the Grama Panchayats situated within the Block;(d)every member of the House of the People and of the Legislative Assembly representing constituencies which comprise wholly or partly the area of the Samiti; and(e)every member of the Council of States who is registered as an elector within the area of the Samiti :Provided that a Sarpanch suspended from office under the provisions of the Orissa Grama Panchayats Act, 1964 shall cease to be a member of the Samiti during the period of his suspension and the Naib-Sarpanch or, in his absence, the person elected or nominated under Section 21 of the said Act to exercise the powers and perform the functions of the Sarpanch shall be deemed to be a member of the Samiti in place of the Sarpanch so suspended.] [Substituted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).][Explanation [Substituted vide Orissa Act No. 20 of 1995 (O.G.E. No. 1447 dated 21.12.1995).] - For the purpose of Clause (b), "constituency" shall mean a constituency as may be determined under Sub-section (2-A) subject to Article 243-C of the Constitution],(2)[(a) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Samiti and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election under [Clause (b)] [Substituted vide Orissa Act No. 18 of 1991.] of Sub-section (1) in that Samiti as the population of the Scheduled Castes and the Scheduled Tribes in that Samiti area bears to the total population of that area [and such seats shall be allotted by rotation to different constituencies in the Samiti area] [Inserted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).]];Provided that where the population of the Scheduled Caste or, as the case may be the Scheduled Tribes in a Samiti area is not sufficient for reservation of any seat, one seat for the Scheduled Caste, or as the case may be, one seat for the Scheduled Tribes shall be reserved in that Samiti area.[Provided further that in the Scheduled Areas, not less than one-half of the total number of seats to be filled by such direct election shall be reserved for the Scheduled Tribes.] [Inserted vide Orissa Act No. 16 of 1997 (O.G.E. No. 1565 dated 22.12.1997).](b)As nearly as may be, but not less than, one third of the total number of seats reserved under Clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be the Scheduled Tribes :Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.[(b-1) As nearly as may be, but not less than, twenty seven per centum of the total number of seats to be filled up by direct election in every Samiti shall be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution in the prescribed manner [and shall be allotted by rotation to different constituencies thereof] [Inserted vide Orissa Act No. 20 of 1995 (O.G.E. No. 1447 dated 21.12.1995).] :Provided that where, after reservation of the required number of seats for the Scheduled Castes and the Scheduled Tribes in a Samiti. the remaining seats are found to be insufficient for the purpose of reservation in favour of backward class of citizens, as nearly as may be, but not less than, twenty seven per centum of the remaining seats shall be reserved in favour of such citizens in that Samiti.(b-2) As nearly as may be but not less than one-third of the total number of seats reserved under Clause (b-1) shall be reserved for women belonging to the backward class of citizens :Provided that where only two seats are reserved for the backward class of citizens, one of the two seats shall be reserved for women belonging to the backward class of citizens;](c)As nearly as may be, but not less than, one third (including the number of seats reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and the backward class of citizens)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)] of the total number of seats to be filled by direct election in every Samiti shall be reserved for women and allotted by rotation to different constituencies in a Samiti.(d)[ * * *] [Omitted vide Orissa Act No. 20 of 1995 (O.G.E. No. 1447 dated 21.12.1995).][(2-A) The manner in which the Samiti area shall be divided into constituencies for the purpose of Clause (b) of Sub-section (1) and the seats therein shall be reserved for the purposes of Clauses (a), (b) [(b-1), (b-2)] [Substituted vide Orissa Act No. 20 of 1995 (O.G.E. No. 1447 dated 21.12.1995).] and (c) of Sub-section (2), shall be as follows :(a)The Collector shall divide the Samiti area into constituencies in such a manner that-(i)every constituency shall, as far as practicable, have a population of not less than two thousand and more than ten thousand; and(ii)the territorial area of a Grama is not bifurcated.(b)The constituencies in which the density of population of the Scheduled Castes and the Scheduled Tribes is higher shall be reserved for the Scheduled Castes and the Scheduled Tribes respectively and shall rotate in descending order at every general election [and in case of backward class of citizens such reservation and rotation shall be in the prescribed manner.] [Added vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)](c)Every constituency shall bear the same name as of the Grama and the names of the constituencies shall be arranged serially in Oriya alphabetical order :Provided that where a constituency comprises more than one Grama, the constituency shall bear the name of the Grama of which the population is higher or, as the case may be, the highest.(d)After the names of the constituencies are so arranged, the Collector shall reserve the required number of constituencies for women in the following manner :(i)reservation of constituencies for women shall be made for the Scheduled Castes at the first instance. [then for the Scheduled Tribes and thereafter for the backward class of citizens] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)] and, in computing one-third of the total number of constituencies, the constituencies, reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and backward class of citizens] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)] shall be taken into account;(ii)out of the constituencies left in the list of the Oriya alphabetical order for candidates other than the Scheduled Castes, the Schedule id Tribes and the backward class of citizens the constituency which appears second and, thereafter, every third constituency shall be reserved for women, until the required quota is completed; and(iii)as nearly as may be, but not less than, one-third of the constituencies reserved for the members of the Scheduled Castes, the Scheduled Tribes and the backward class of citizens shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and backward class of citizens in the manner hereinbefore provided.(e)The Collector shall, after previous publication in the prescribed manner inviting, objections and suggestions from all persons interested within the prescribed period, and after considering all such objections and suggestions, publish a statement showing, the division of the Samiti area into constituencies and the seats to be reserved therein, in his notice board, which shall be final;](3)[ The members of the Samiti elected under [Clause (b)] [Substituted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).], of Subsection (1) shall elect, in the prescribed manner, from among themselves-(a)the Chairman of the Samiti at their first meeting [which shall be convened within twenty-two days, but not before the expiry of seven days, from the date of publication of their names under Sub-section (6)] [Inserted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)]; and(b)the Vice-Chairman of the Samiti at a meeting convened for that purpose within thirty days from the date of election of the Chairman under Clause (a) :Provided that in the case of every Samiti of which the Chairman elected in accordance with this Sub-section or nominated under Section 45-C is not a woman the office of the Vice-Chairman in respect of that Samiti shall be deemed to have been reserved for women.][(3-a) Notwithstanding anything to the contrary in Sub-section (1)-(i)offices of Chairman in Samitis shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State bears to the total population of the State :[Provided that in the Scheduled Areas, officers of Chairman of all the Samitis shall be reserved for the Scheduled Tribes.] [Inserted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).](ii)[ as nearly as may be, but not less than, one-third of the total number of offices of Chairmen reserved under Clause (i) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)](ii-a) as nearly as may be, twenty-seven percentum of the offices of Chairman in Samitis shall also be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution;(ii-b) as nearly as may be, one third of the total number of offices of Chairman reserved under clause (ii-a) shall be reserved for women belonging to the backward class of citizens; and(ii-c) as nearly as may be, but not less than, one-third (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of citizens) of the total number of offices of Chairman in Samitis shall be reserved for women; and](iii)[ reservation of offices of Chairman under this Sub-section shall be made by the Collector by rotation among different Samitis and, for that purpose, the procedure of reservation as provided for the members Of the Samiti in Sub-section (2-A) shall, as far as may be, be applicable.] [Substituted vide Orissa Act No. 20 of 1995 (O.G.E. No. 1447 dated 21.12.1995).](3-b) The reservation of seats under Clauses (a) and (b) of Sub-section (2) and the reservation of offices of Chairman (other than the reservation for woman [and backward class of citizens] [Inserted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)]) under Sub-section (3-a) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution;][(3-c) Notwithstanding anything contained in this section, the Government may nominate to a Samiti in the Scheduled Areas persons belonging to such Scheduled Tribes as have no representation in the Samiti:Provided that such nomination shall not exceed one-tenth of the total members to be elected under Clause (b) of Sub-section (1).] [Inserted vide Orissa Act No. 16 of 1997 (O.G.E. No. 1565 dated 22.12.1997).](4)The term of office of the elected members of the Samiti including the Chairman and the Vice-Chairman shall be five years commencing on the date of the first meeting referred to in Sub-section (3).(5)The meetings of the Samiti shall be presided over the Chairman or, in his absence, by the Vice-Chairman.(6)The Collector of the District shall cause the names of the members elected under [Clause (b)] [Substituted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).] of Sub-section (1) of the Samiti to be published in the prescribed manner.]
