Section 38 in The Orissa Panchayat Samiti Act, 1959
38. [ Power to suspend or cancel resolution under the Act. [Substituted vide Orissa Act No. 24 of 1961.]
(1)The Government may, by order in writing cancel any resolution or order passed by a [* * *] Samiti or by any of the authorities [of such Samiti] [Substituted vide Orissa Act No. 1 of 1968.] if in their opinion such resolution or order-](a)is not legally passed; or(b)is in excess or abuse of the powers conferred by or under this Act; or(c)on its execution is likely to cause danger to human life, health or safety or is likely to lead to a riot or affray :[Provided that nothing in this Sub-section shall apply to a resolution passed under Section 46-B.] [Inserted vide Orissa Act No. 13 of 1977.](2)The Government shall, before taking action under Sub-section (1) give the [Samiti] [Substituted vide Orissa Act No. 1 of 1968.] an opportunity for explanation.(3)[ If in the opinion of the Collector immediate action is necessary to suspend any such resolution or order on any of the aforesaid grounds, he may, by order in writing, suspend the operation of the resolution or order and refer the matter to Government whose decision thereon shall be final] [Substituted vide Orissa Act No. 1 of 1968.] :Provided that where [the Collector] [Substituted vide Orissa Act No. 1 of 1968.] makes an order on any of the grounds referred to in Clauses (a) and (b) of Sub-section (1) shall also record his reasons therefor in the said order.
