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THE WESTERN ORISSA DEVELOPMENT COUNCIL (AMENDMENT) ACT, 2001
THE WESTERN ORISSA DEVELOPMENT COUNCIL (AMENDMENT) ACT, 2001
An Act to Amend the Western Orissa Development Council Act, 2000
BE it enacted by the Legislature of the State of Orissa in the Fifty-second Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Western Orissa Development Council (Amendment) Act, 2001.
Amendment of section 4.
Orissa Act 10 of 2000.
2. In the Western Orissa Development Council Act, 2000 (hereinafter referred to as the principal Act),-
(a) sub-section (2) of section 4 shall be omitted and sub-section (1) thereof shall be renumbered as section 4 ; and
(b) in section 4 as so renumbered,-
(i) for clause (a), the following clause shall be substituted, namely:-
“(a) a Chairman to be nominated by Government, who shall be a person form the Council area;
(a-1) two members of the Lok Sabha, representing any constituency, either wholly or in part, within the Council area, to be nominated by Government on rotational basis;”,
(ii) in clause (b), after the words “Orissa Legislature Assembly”, the commas and words “not being less than one from each district within the Council area,” shall be inserted; and
(iii) to clause (c) , the following proviso shall added, namely:-
“Provided that at least seven experts shall be persons from the Council area;”.
Amendment of section-5.
3. In section 5 of the principal Act,-
(a) in sub-section (1),-
(i) in the opening potion, for the words “shall be”, the words “shall ordinarily be” shall be substituted,
(ii) in clause (a), for the words, letters and brackets “clauses (a) and (b) of sub-section (1)”, the words, letters, figure and brackets “clauses (a-1) and (b)” shall be substituted,
(iii) in clause (b), after the words “in case of”, the words, letter and brackets “Chairman referred to in clause (a) and” shall be inserted and for the word “sub-section”, the word “section” shall be substituted;
(b) for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) The Chairman or any member other than the Revenue Divisional Commissioner and the Chief Executive Officer may, by writing under his hand addressed to the Government, resign from his office and shall be deemed to have vacated his office with effect from the date his resignation is accepted by Government.”;
(c) for sub-section (3), the following sub-section shall be substituted, namely;-
“(3) The Government may, by notification, remove the Chairman of the Council, if he-
(a) is found, in performance of his functions under this Act, to have exceeded or abused his powers; or
(b) refuses to act o is incapable of acting or acts in a manner which the Government consider to be prejudicial to the interests and objects of the Council:
Provided that no action shall be taken under this sub-section without giving the person concerned an opportunity to show cause against the proposed action.”; and
(d) after sub-section (3), the following sub-section shall be inserted, namely;-
“(3-a) The Government may, at any time, by an order published in the Gazette, withdraw the nomination of a member nominated on the Council and, upon such nomination being withdrawn, he shall cease to be a member of the Council from the date of publication of the order.”.
Amendment of section-7.
4. In section 7 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) The Council shall have powers to create Class-III and Class-IV posts as per parameters of guidelines for the same and fill up such posts in the manner prescribed.”.
Amendment of section-11.
5. In section 11 of the principal Act,-
(a) in sub-section (1),-
(i) in clause (k), for the words “agencies such as Non-Government Organisations, with prior approval of the Government”, the words “agencies identified by the Government in the manner prescribed” shall be substituted, and
(ii) in clause (o), for the words “submit those Budgets to the Government for approval” appearing at the end, the words “submit the same to Government for obtaining the approval of the State Legislature” shall be substituted;
(b) for sub-section (5), the following sub-section shall be substituted, namely:-
“(5) The Government in the Planning & Co-ordination Department shall have power to supervise and evaluate the works of the Council,”; and
(c) after sub-section (5), the following sub-section shall be substituted, namely:-
“(6) The Council may levy and collect such fees for the services rendered by it and in such manner, as may be prescribed.”.
Amendment of section-13.
6. In section 13 of the Principal Act, in sub-section (4), for the words “ten members”, the words “not less than one-third of the members” shall be substituted.
Amendment of section-14.
7. In section 14 of the principal Act, in sub-section (1),-
(a) in item (ii), the word “and” appearing at the end shall be omitted; and
(b) for item (iii), the following items shall be substituted, namely:-
“(iii) the Works Committee; and
(iv) the Education Committee.”.
