The Odisha Hereditary Village Offices (Abolition) Act, 1962

'[-THE ORlSSA HEREDITARY VILLAGE 
0 FFICES ( ABOLITION ) ACT, 19621 

. 

Received the asse>lr of the Governor on  he 3rd May 
1962, first published in an extraordinary issue of 
the Orissa Gazette, dnrrl the 12th May I962 1 

AN ACT TO ABOLISH HEREDITARY VILLAGE OFFICES rli 
THE STATE O F O ~ I S S A  ' 

WHEREAS it is expedient in the public interest to abolish 
hereditary village offices and the emoluments apperhia- 
.ing thereto in the State of Orissa ; 

I t  is hereby enacted by the Legislature of the State 
of Orissa in the Thirteenth Year of the Republic of 
of India as follows :- . 

short title, 1. ( I )  T h i s  Act may be called the Orissa Hereditary 
and Village Ofices (Abolition) Act, 1962. cornmace- 

ment. 

(2)  It extends to the whole of the State of Odssa. 

(3) It shall come into force2 on such date as the 
State Government may, by notifmtion, appoint in 
that behalf. 

Ddnitions 2.. In this Act, unless the context otherwise 
requires- 

(a) "appointed date" means the date appointed 
un&r sub-section (3) of section f ; 

(b) "eniol~~ents" means. money salaries and 
all other kinds of paymcnt or aUowance 
by way of remuneration granted ox continu- 
ed in resyed of, or annexed to, any 

. hereditary village office ; 

(c) "hereditary village office" means aay ' 

office in ,the distrtct of Ganjam known as 
village accountant, bead of village or village 

1. Fw the Shtemcnt of Objdct~ and RtaSoris, See Or&a Gazef~e extraordi- 
nary, dated the 9th April 1962. 

2. Came into fo~oret with e&t fiom the 1st February !963 vide N o t i h .  
tion No. 639% R.-2l016~-R.. dated tho 29th January 1963 published in 
Orbfa Garctlc :Extraordinaky dated thc 29th Jauuary 1963, (NO. 68). 



Tm ORISSA H~REDLTARY VILLAGE [ Or, Act 

watchman under the Madras Pr aprietary 
EstatesY,Village Service Act, 1894 or. any Madras ~ c t  
office in the,said district known as village of lS9'. 

munsif, kamam, vetti or talayari under the MadrasAcl - 

Madras Hereditary Village Offices Act, 3 89s. 
1895 ; 

(d) "holder of a hereditary village office" means 
a pexson holding. a hereditary village office 
permanently or officiating in a permanent 
vacancy after a selection in accordance 
with the procedure in force immediately 
before the appointed date ; 

(e) "Prescribed" means prescribed by rd4q 

made under this Act. 

hbolilh of 3. Notwit,hstanding -anything h any law oq in 
btditPry 
v~lage any decree or order of court, with effect from a d  op - 
;w$&dth the appointed date-- 
tilersol. 

( I )  all hereditary d a g e  offices shall be deemed 
to ' have been abolished ; 

(2) all incidents (includhg the right to hold 
o%ce and to receive emoluments attached 
thereto, the right, if hy, to customary fees 
or perquisites in money or in kind and the 
liab~lity to render service) appertainin to 

have been extinguished; 
5 t l~e saidA village offices shall be deme to 

Powcr at 
Collector to 

'4.' (1) If any question arises as to whether a 
a k a e  wh t- person was, immediately before the appointed datc, 
the: a the holder of a hereditmy villa e offia, the Collector 
was tbc hol- shall, after giving tho parties a%qted ah opportunity 
hemditaa to be h e ~ d  and after holding an e n q w ,  d&de the . .  
Sp$%= question. 
therefrom* 

(2) ' Any person aggtievcd by the decision of the 
Collector under sub-saction (1) may, within s k t y  
days of such decision, prefer an appeal -to the Board 
of ~evhnue, and the dedision of the Board of Revenue 

such appeal shall be hd. 



12 of, f962 ] OEFICB ( ~ O L I T I O N )  Am, 1962 . 459 , 

( Sets. 5-6 ) 
Rabf  to 
holders of 5. The. hdlders of hereditary village offices shall, 
mqb0won the abolition of the offies under section 3 ,  be 
~Wlished either- 
under the - 
A;. - ti) appointed in syitable posts under Ihe State 

Government in accordance with such rules 
as may be' prescribed ; or 

( i i )  pad by way of solatium a gratuity equivalent 
to three times - the monthly emoluments 
together with three-fourths of - such 
emoluments for each compkted year of 
S ~ N ~ W .  

Submission 6. (1) It shall be the duty .of every holder of a 
ofre&ds - hereditary village office- 
etc, and 
orrnrcqUCCc6. 
afnousub . 
missioa. (u) to deliver all records niahtained by bim 

in the capacity of such holder' ; and 
(b) to settle dI accoun'ts appertaiping t o  h i s  

office, 

(2) Any person who fails to maply .biitb the 
provisions of any of the clauses of sub-section ( I )  
within tbirky days from the appointed date or such 
futher period as the CoUecto~ may allow, shall bc 
punishable on conviction kith fine which may extend to 
two hundred rupees andjin the case of a continuing 
failure with an additio-nal fine which may extend to 
twentymfive rupees f o ~  every day during which such 
failure continues after the coavidion for the k s t  , 

S U G ~  failure. 

(3) Without prejudice to the provisions af sub- 
section (2) any f d u e  as specsed therein shalI, on an 
order spe&cally made in that behaIf by the Collector, 
debar the hdlder of such office from claiming any right 
to any of the . benefits . under section 5 : 

Provided that no such order shall be made wirhout 
giving the person affaed a reasonable opportunity 
of boing heard. 

(4) The Collector may for the purpose of recover- 
ing the records specified in clause (a) of sub-section (1) 
issue a search warrant and exercise .all such powers 
with respect tGereto as may be lawfully exercised by 
a Magistrate under Chapter V I I  of the Code of Criminal iss 
Procedure, 1898, 



Power to 
take evidenct 7.' The Collector and the Board of Revenue shall, 
onol ta , .c t~  for the purposes of this Act, have the same powers 

as are vested in a court under the Code of Civil 5 of IPCP 
Procedure, 1908, when trying a suit ,  in respect of the 
following matters, namely :- 

(a] summoning and enforcing the attendance of 
witnesses and examining them on oath ; 

(b) requiring the discovery and of 
docurrients ;. 

(c) receiving evidence on &davit ; and 

(d) such~othermattersasma~bepr~scribed. , 

h uiricd 
m#pred- -8. All enquiries and proceedings before the 
ings to be Collector or the Board of Revewe under this Act, 
judici* 
p-m. s h d  be deemed to be judicial .pr~mediiiSs witbin the 

meaning of sections 193, 219 and 22'8 of the Indian 4s orlaac- 
. Penal Code. 

Power te 
makc mlu., 9. (1) The State Govermtnt may make- ruks 

to carry out the purposes of this Act. 

(2)' In particular and withmt prejudice to the 
gknerality of the foxegoi'rig' power, such rules 
may p~ovid'e for- 

(a) tlie procedure to be followed- by the: Collectof .. 
in determining questions as to whether 
a person was t%e holder of a hereditary 

.village office or not ; . 

lb)  the prooedke rkiating ro appeals beforr the 
Board of Revenue ; 

(c) the qualifications ' and 'other conditions. for 
appointment of -holders' of hereditw 
village offices in suitable posts under the 

, State Guvernment ; 
(d) the form of application for tde grant d 

gratuity under 'section 5,  the .time within 
which and fhe. authoriv to %hich such 

- -  .applications shall be a a d e  and appeal 
,,' from orders. on such applications ; 

For tura = ~ati6dation No. 6396-RerrN/62-R, dakd the 29th 
jw*ty 1963 p w h c d  'in OrWu Gatrtk,' a h i d k ,  &f&d 2% Jii&m 
1963. N o .  69). 



(e) any other matter which has .to be, or may 
be prescrikd under this Act.. 

(3) All rules made under this section shall he 
laid before the Legislati-ve Assembly as soon as possible 
after they are made for a total period of fourteen qays 
w l k h  may be comprised in one or more sessions and 
shall be subject to such modifications as the Asszmbly 
may make during the said period. 

~ o p ~ a l  . 10. With effect from the appointed date the 
enactmelits .specified in. the Sched uIe shall, in so far 
as they relate to any hereditary village office or to the 
holders thereof, stand repealed. ' 

 PO^ to 
~ ~ O V O  . 11, If any difEculty arises in giving effect to 'the 
dmulttts. provisions of. this Act, the State Government. may, by 

order, make such provision or give such directions not 
. . inconsistent with the provisions of this Act as may . 

appear to them to be. necessary or expedient. for the 
removaI of the difficulty, azid-the order of the State 

. Government, in such cases, shall be final. 

. . . - 
. - 

. (See section 10) - 

' Number and year Short title- 

-1. Madras'~e&lation XI of. 1816. The Madras Village-Police ~egulation, IS f6 

2: Madras 'Regalation of 1821 The madras Vil1age.-Police Regulatio~. 1821. 

3. Madras Act 2 of 1894 * The Madras Proprietary Estates' Village 
I: . Setvice Act, i894. 

4. Madras Act 3 of 1895 , . The Madras ~ e d t a r y  Villages Oftlces 
Act., 1895.