Section 58B in The Orissa Panchayat Samiti Act, 1959
58B. Transitory provisions
(1)Every Samiti with its members, Chairman and Vice-Chairman as an the date of its first constitution shall be deemed to have been legally and validly constituted and shall be deemed to have been vested with all powers, functions and duties under this Act fully and effectively notwithstanding the deficiency, defect, illegality or irregularity, if any-(a)in such constitution, or the nomination, election or appointment, as the case may be, of such members, Chairman or Vice-Chairman or in any of the proceeding relating thereto; or(b)in any of the provisions of, or in relation to any of the rules, orders, notices or notifications made or issued or purporting to have been so made or issued under this Act or any action, taken or things done or purporting to have been so taken or done in pursuance of the said provisions; or(c)in the constitution of or membership in the bodies forming the electorates for the purposes of election to the said [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samitis.(2)Where for the purposes of the first constitution of a Samiti, any nomination has been made in respect of a seat to be held by an elected member not being a nomination made by reason of any failure on the part of an electorate to return a member, the person so nominated shall cease to hold office as member with effect from the date the member elected in accordance with the provisions of this Act and the rules made thereunder assumes charge of office but such member shall be deemed to have held office with effect from the date of the first constitution of the Samiti.Explanation - For the purposes of this Act the 26th day of January, 1961 shall be deemed to be the date of the first constitution of the Samiti and also the date from which its members on its first constitution shall be deemed to have held office.(3)The provisions of this section shall have effect notwithstanding anything to the contrary in any of the other provisions of this Act.
