Contents	Suggested amendments
1. Short title and commencement.-(1) This Act may be called the Goa Panchayat Raj Act, 1994.
(2) Section 245 shall be deemed to have come into force with effect from 20-4-94, while the remaining sections shall come into force on such date as the Government may, by notification in Official Gazette specify and different dates may be specified for different provisions of the Act.
2 Definitions.-In this Act, unless the context otherwise requires,­ (1) "Backward classes" means such classes of citizens as may be notified by the Government from time to time as belonging to backward class;
["(1-A) "Block Development Officer" means a person appointed as Block Development Officer by the Government;"]
1 AA “Block Sabha” means joint meeting of all the voters in a block;
["(1-B) "Ballot" means ballot papers prepared in accordance with the provisions of the Act or rules made thereunder and includes "Electronic Voting Machine";]
(2) building" includes a house, outhouse, stable, privy, urinals, shed, hut, wall and any other structure whether of masonry, bricks, wood, metal or any other material, but does not include a temporary structure erected on ceremonial or festive occasion or a tent;
(3) "Sarpanch" means the Sarpanch of a Panchayat;
(4) "Deputy Sarpanch" means the Deputy Sarpanch of a Panchayat;
(5) "Adhyaksha" means the Adhyaksha of a Zilla Panchayat;
(6) "Upadhyaksha" means the Upadhyaksha of a Zilla Panchayat;
(7) "Collector" means the Collector of the district [and includes an Additional Collector;]
(8) "Chief Executive Officer" means the Chief Executive Officer of a Zilla Panchayat [and includes any other officer appointed by the Government in this behalf];
(8_A) "Deputy Director" means the person appointed as the Deputy Director of Panchayat by the Government;]
(9) "Director" means the person appointed as the Director of Panchayats under this Act and includes an Additional Director;]
(10) "district" means a revenue district;
(11)"Government" means the Government of Goa;
(11-A) "Gram Sevak" means the person appointed by the Director to perform the duties as Gram Sevak;]	Delete
(12) "land" includes land which is built upon or covered with water;
(12-A) "Member-Secretary" means a person appointed by the Government as Member-Secretary and includes a Block Development Officer;]	Delete
(13) "notification" means a notification published in the Official Gazette;
(14) "Panchayat" means a Village Panchayat established under section 3;
(15) "erection or re-erection or enlargement" of any building includes,­ (i) any material alteration or enlargement or in of any building; (ii) the conversion, by structural alteration into a place of human habitation of any building not originally meant or constructed for human habitation; (iii) the conversion of one or more places of human habitation into a greater number of such places; (iv) the conversion of two or more places of human habitation into a lesser number of such places; (v) such alteration of a building as would effect a change in the drainage or sanitary arrangements or materially affect its security; (vi) the addition of any rooms, buildings, houses or other structures to any building; (vii) the conversion, by any structural alteration into a place of religious worship or into a building not originally meant or constructed for such purposes; (viii) roofing or covering an open space between wall, or buildings, in respect of the structure which is formed by roofing or covering such space; (ix) Conversion into a stall, shop, warehouse or godown or any building not originally constructed for use as such or vice versa; (x) construction of a door in a wall adjoining any street or land not vested in the owner of the wall and opening in such street or land;
(16) "factory" means besides a factory as defined in the Factories Act, 1948 (Central Act 13 of 1948), any premises including the precincts thereof wherein any industrial manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;
(17) "prescribed" means prescribed by rules framed under this Act;
(18) "Schedule" means a Schedule appended to this Act;
(19) "Scheduled Castes and Scheduled Tribes" means such Scheduled Castes and Scheduled Tribes specified in respect of the State of Goa under the Constitution:
(20) "Secretary" means the Secretary of the Panchayat:
[(20A) "Taluka Panchayat" means a Taluka Panchayat established under this Act;]
(21) "Zilla Panchayat" means a Zilla Panchayat established under this Act.
CHAPTER II GRAM SABHA- Constitution of Panchayats
3. Declaration of Panchayat areas and establishment of Panchayats.-(1) After making such inquiry as may be necessary, the Government may, by notification, declare a local area, comprising of a village or a group of villages or any part or parts thereof, or a combination of any two or more of them to be a Panchayat area for the purposes of this Act and also specify its headquarters.	3. Declaration of Panchayat areas and establishment of Panchayats (1) The Collector shall, by notification in the District Gazette, declare a local area comprising a village to be a Panchayat area. Wherever a group of villages consisting of more than one village has been declared as a Gram Panchayat under the existing law, the same shall be renotified and each village, irrespective of its population, shall be declared as a separate Panchayat area. Provided that if affected villages, through special Gram Sabha resolution, demand that one or more villages should be clubbed together as one Gram Sabha, the Collector shall by a notification, within a month of receipt of such resolutions from all affected Gram Sabhas, so notify the same.
(2) For every Panchayat area, there shall be a Panchayat as from such date as the Government may, by notification, appoint.
(3) The Government may, at the request of the Panchayat concerned, or otherwise, and after previous publication of the proposal by notification, at any time,­ (a) increase the area of any Panchayat area by including within such Panchayat area any village or group of villages; (b) diminish the area of any Panchayat area by excluding from such Panchayat area any village or group of villages; (c) alter the headquarters of any Panchayat area; (d) alter the name of any Panchayat area; or (e) declare that any area shall cease to be a Panchayat area.	Delete
4. Gram Sabha.-As from the date appointed under section 3, all persons whose names are for the time being entered as electors in the electoral roll for a Panchayat shall be deemed to constitute the Gram Sabha for that Panchayat.
5. Meeting of Gram Sabha (1) There shall be four ordinary meetings of the Gram Sabha to be held on any Sunday of January, April, July and October of every year, to be convened by the Sarpanch	5. Meeting of Gram Sabha (1) Regular Gram sabha meetings shall take place on a fixed day at fixed time at a fixed place every month. The day, place and time shall be decided by the Gram sabha. It could be changed in any subsequent meeting, but wide publicity should be given to the changed date, place and time, before it is implemented. The day, time and place of next meeting shall be announced at the end of previous meeting by way of reminder. (2) A meeting of the Gram Sabha shall be presided over by a person, other than Sarpanch or Deputy-Sarpanch, so elected in the said Gram Sabha meeting by those present, only for the purpose of chairing and conducting the said Gram Sabha meeting. Provided that the people may elect the same or some other person to conduct the next Gram Sabha meeting. (3) The Sarpanch and Deputy-sarpanch shall attend all gram sabha meetings unless any one of them is medically ill disposed or has some very pressing family engagement. In any case, he/she shall not keep absent for three consecutive meetings, in which case he shall make himself liable for recall. (4) Minutes in each Gram sabha shall be taken by Panchayat Secretary. Minutes will be read out after each meeting. If anyone has any objections to the minutes, the same shall be modified immediately after discussions by the Gram sabha and finalized, only after which signatures of those present in the meeting shall be taken on the same register below minutes of meeting. The Gram Sabha may choose someone else other than the secretary to record the minutes. (5) If 5% of the registered voters or 50 registered voters, whoever make up the higher number, requisition in writing, the Panchayat secretary shall call an emergency meeting of Gram sabha to discuss issues mentioned in the requisition letter within 7 days of receiving the requisition letter. Provided that if the Panchayat secretary fails to call such a meeting, it shall be the duty of the Sarpanch or Deputy sarpanch to call for such a meeting. If the Sarpanch and Deputy sarpanch also fail to call the meeting, the signatories to the requisition letter may themselves call a meeting by circulating the notice house to house. In such an eventuality, both Sarpanch and Deputy-sarpanch would stand disqualified and would be deemed to have vacated the office and Panchayat secretary shall be liable for punishment by the members in the Gram sabha meeting. (6) Agenda of every Gram sabha meeting shall be decided in the following manner: a. Minutes of previous meeting and action taken upon those items shall form the first item of agenda. b. If any member wishes to bring any item on agenda, he/she can give it in writing or just orally tell the Panchayat Secretary. All the requests received a week before the meeting shall be included in that meeting and rest would be included in next meeting. c. The agenda shall be adequately publicized at least a week before the meeting. d. Before the start of every meeting, the priority of agenda items i.e. which item will be taken up first for discussion, will be decided through consensus or where there is no consensus, through voting on each item by raise of hands, with the item receiving maximum votes to be discussed first. e. At least one hour shall be set aside to discuss individual grievances, where people could raise their individual grievances against any government agency or against anyone. Gram sabha shall take all appropriate steps to get these grievances resolved at the earliest. (7) Gram sabha shall decide the various means that shall be used to circulate and adequately advertise notices, agenda and minutes of meetings. (8) Resolutions- (a) Ordinary resolution: Any resolution shall be passed through consensus. Every attempt shall be made to have consensus on an issue, even if there is a need to discuss that subject in more than one meeting. However, if consensus is not possible, the matter shall be decided through simple majority. Quorum for any Gram sabha meeting shall be 5% of registered voters, out of which 20% shall be women. If quorum is absent in any meeting, the meeting shall be postponed by one hour and then there shall be no need for quorum unless the majority of those present decide that the matters at hand are critical and the meeting should be adjourned and should take place at a later date so that larger number of people could participate. If such a resolution is passed, the meeting shall stand postponed to a date and time to be decided in this meeting only. (b) Special resolution: For such issues as provided in this Act or as decided by a Gram Sabha, the matter shall be treated to have been passed only if it is passed by two thirds of those present and voting in a meeting not attended by less than 30% of the members of that Gram Sabha, after all attempts at arriving at consensus on that issue fail. (9) All decisions of Gram sabha have to be in accordance with all existing laws of the land. If any of the decisions are not in accordance with any law, the same could be challenged by anyone before the Ombudsman. (10) No higher authority shall be competent to interfere in any manner in the functioning or in the decisions of Gram Sabha on the matters within the jurisdiction of Gram Sabha. However, State Government or Zilla Panchayat or Taluka Panchayat or any other Government agency may convey its objections or give any suggestions on any of the actions or proposals of Gram sabha at any time. Gram sabha shall consider these suggestions. The final decision however shall lie with Gram sabha. (11) On the recommendation of Zilla Panchayat or Taluka Panchayat or suo motu, two or more Gram sabhas can have a joint meeting, in which the members of participating Gram sabhas shall be present, to discuss or decide any issue. Decision in such a joint meeting shall be treated as having been taken by all these Gram sabhas individually. (12) Wherever possible, the proceedings of gram sabha shall be telecast on local cable TV. (13) All Gram Sabha meetings shall be video recorded, copies of which could be obtained by anyone on payment of copying charges to Panchayat Secretary.
(2) There shall also be special meetings of the Gram Sabha to be convened by the Sarpanch on 26th January, 15th August, 2nd October and 19th December, every year.	Delete
(3) The meetings of the Gram Sabha shall be presided over by each Sarpanch and attended by the concerned Panchayat member. In the absence of the Sarpanch, Deputy Sarpanch or ward member, the meeting may be presided over by any member chosen by the Gram Sabha.	Delete
(4) In the event, the Sarpanch fails to convene the meeting of the Gram Sabha, as specified in sub-section (1) and (2), the meeting shall be convened by the Block Development Officer in the following month.	Delete
(5) The Sarpanch shall, upon a reacquisition in writing by not less than one-tenth of number of members call an extraordinary meetings of the Gram Sabha, within thirty days from the receipt of such requisition.	Delete
(6) One-tenth of the total number of members of the Gram Sabha shall form the quorum for the meeting.	Delete
(7) When there is no quorum for any meeting after fifteen minutes from the appointed time, the meeting shall stand adjourned for half an hour and when it re-assembles, no quorum shall be necessary to transact the business communicated to members in the agenda of the appointed meeting.	Delete
(8) An officer nominated by the Block Development Officer shall attend the Gram Sabha meetings.	Delete
New Section	5 A. Division of Functions and control over assets and institutions: (a) All functions, which are to done only in the village and do not have any trans-village implications, shall be done at village level only. Such functions, which cannot be done at that level and have trans village implications shall be done at Block level. Those functions, which cannot be done at Block level and have trans Block implications shall be done at District level. Those functions which cannot be done at District level and have trans district implications shall be done at state level. A list of all such functions shall be made for each level of governance and all employees and funds related to each function shall be transferred to appropriate level. (b) Likewise, all assets like roads, streets, public toilets etc, which are completely situated within the boundaries of a village shall be transferred for its upkeep and maintenance to Village level. Those assets, which fall in more than one village, shall be transferred to Block. Those assets, which fall in more than one Block, shall be transferred to District. Those assets, which fall in more than one district, shall be maintained by the State. A list of all such assets shall be made for each level of governance and all employees and funds related to maintenance and upkeep of such assets shall be transferred to appropriate level. (c) All institutions like schools, hospitals, dispensaries etc, which cater to the residents of a particular village only, shall be run by that village only. Such institutions, which cater to the residents of more than one village, shall be run by Block. Institutions which cater to residents of more than one block shall be run by district. Institutions which cater to more than one district shall be run by the State. A list of all such institutions shall be made for each level of governance and all employees, funds and assets related to each institution shall be transferred to appropriate level. Illustration-(i) Functional, administrative and ownership control over Primary, Middle and Secondary Schools, Health Sub Centres, Charwaha Vidyalayas,Hand Pumps, Irrigation, Tube wells etc. serving the people of the Gram Panchayat shall vest in the Gram Panchayat. (ii) The Functional, administrative and ownership control over the Primary Health Centre, which serves more than one Gram Panchayat, shall vest in the concerned Taluka Panchayat. (iii) The Functional, administrative and ownership control over Referral Hospital which serves more than one block shall vest in the Zila Panchayat. (d) Within six months of enactment of this law, or in the first meeting after there has been any change of boundaries of that village, each Gram sabha shall make a list of all functions, assets and institutions, which would fully or partly fall within its geographical boundaries. It shall decide which functions fully fall within its geographical boundaries, which institutions provide services only to the residents of this gram sabha and which assets geographically fall fully within this gram sabha. These functions will henceforth be carried out by this gram sabha directly, these institutions will henceforth be managed by this gram sabha directly and these assets would henceforth be maintained by this gram sabha directly. Heads of all such institutions, over which Gram Sabha has jurisdiction, shall report directly to Gram Sabha only. The financial resources for running of these institutions shall be transferred to Gram Sabha by appropriate government agency at existing levels of expenditures. Rest of the activities, assets and institutions will henceforth lie within the jurisdiction of Taluka Panchayat or Zilla Panchayat. Provided if there is a dispute between 2 or more Gram Sabhas as to under whose jurisdiction a particular function, asset or institution falls, the same shall be resolved by the Zilla Panchayat.
6. Functions of Gram Sabha (1) The Sarpanch shall place before the Gram Sabha for its approval the following matters:­ (a) the annual statement of accounts; (b) annual administration report; (c) budget estimates; (d) the development and other programmes of the work proposed for the current financial year; (e) the last audit report and the replies made thereto; (f) proposal for fresh taxation or enhanced taxation; (g) proposal for organising community service, voluntary labour or mobilization of the local people for any specific work included in any programme; (h) identification of the beneficiaries under various programmes of the Government; (i)determination of the priorities of the work to be under taken by the Panchayat; (j) utilisation certificate in respect of the developmental works undertaken by the Panchayat from the grants-in-aid or Panchayat funds.	6 . Functions and duties of gram sabha: (1) A Gram sabha shall perform and discharge the following functions and duties, namely - (a) Gram sabha shall have all the powers and shall be competent to take all steps for the over all welfare and welfare of individual members of that village on all issues mentioned in Schedule XI of the Constitution and on any additional subjects transferred to Panchayats by the State or Central Government from time to time. The State Government cannot delete any item from this list but it may add subjects to this list. If it adds any subjects, it would have to provide necessary human and financial resources for the same. (b) Gram sabha, through its Secretary and other volunteers, shall be competent to organize such cultural activities as the members, through consensus, agree. (c) to prepare annual plan for village for current financial year and forward the same to the Taluka Panchayat for inclusion in Taluka Panchayat plans. Annual plan would be made for untied funds and also for funds received under various schemes and programmes of the Government. The meeting for making such a plan shall be conducted in the manner as laid down in Schedule 1. Provided that if gram sabha so feels, cooperatives of gram sabha members or their SHGs may be given preference in award of works to be executed in that village. Provided further that gram sabha shall be competent to prescribe minimum wages to be paid to the laborers working on all works carried out in that village by either panchayat or government or private, which shall not be less than the minimum wages prescribed by the state government. The gram sabha may also prescribe other welfare measures to be followed for the labor working on such works. Provided further that proposals for health and education of individuals or community or a part of the community shall be accorded highest priority while making annual plans. Provided further that if in a village, there are socially or economically vulnerable groups, at least that percentage of budget which is the percentage of the population of vulnerable groups to the total population, shall be earmarked and used for their benefit and priority shall be given to projects presented by these groups for such amounts. Provided further that issues of social justice shall get preference while making annual plan. (d) whereas annual plans would be made on the basis of funds received in the beginning of the year, if any additional funds are received subsequently during the year, plans for spending the same would be made by following the same procedure as followed for annual plan. (e) to identify the most eligible persons from the jurisdiction of the Gram sabha for beneficiary-oriented schemes on the basis of criteria fixed by the Government, and prepare list of eligible beneficiaries in order of priority. The meeting for making such a list shall be conducted in the manner as laid down in Schedule 2. (f) to verify the eligibility of persons getting various kinds of welfare assistance from Government under various beneficiary oriented schemes; (ff) to issue directions from time to time to all government officials woring in village or to lay down guidelines for carrying out activities assigned to village, for smooth functioning of all institutions assigned to village and for maintenance of assets directly under the control of gram sabha. (g) to provide and mobilise voluntary labour and contributions in cash or in kind, through its Secretary or volunteers, for various activities or developmental programs undertaken by the gram sabhas, and to supervise such development works through Secretary or various committees; (h) To issue utilization certificate and completion certificate for every project awarded by Panchayat. Such meeting shall be conducted in the manner as laid down in Schedule 3. However, if any project is awarded by Taluka Panchayat or Zilla Panchayat and if any Gram Sabha finds anything amiss in the execution of that project, it may direct stoppage of payment or stoppage of that project midway through a resolution passed by Gram Sabha. On receipt of such resolution, the Taluka Panchayat or Zilla Panchayat shall stop the payment and the project and make necessary amendments to remove the deficiencies pointed out by Gram Sabha. The project or payment will recommence only after that Gram Sabha passes a resolution expressing satisfaction. (i) to prepare and annually revise a list of people living on the verge of destitution or extreme poverty, lists of unemployed people, illiterate people and homeless people. The draft list shall be prepared by the Secretary, which shall be placed before Gram Sabha meeting for reading out loudly and verification. Additions and deletions could be done in Gram Sabha meeting. (j) Gram Sabha shall ensure that none goes hungry, everyone has a house, every child goes to school and everyone gets necessary health care. Expenses related to these items shall be treated as first charge on village, block and district budgets. Gram Sabha will not depend only upon state budget for the same. It shall be the collective responsibility of the village as a society to ensure this. If need be, Gram Sabha could even raise donations for the same. (k) Gram Sabha to take all steps to ensure employment for all. Panchayat may provide loans for small businesses or may even decide to set up small enterprises or may take any other steps to create employment. (l) to levy and collect all such taxes as may be notified. It shall be the duty of the Secretary to do this on behalf of Gram Sabha. (m) to revoke license of any existing Fair Price Shop or Kerosene Oil Depot in that village on the basis of complaints from the public. On such revocation, the gram sabha shall have the power to allot these shops to new person. Gram sabha shall also have the power to award compensation to a cardholder, if he has not received his entitlements, which shall be paid by the FPS or KOD owner, as the case may be. Revocation, allotment or award of compensation shall be done in the manner laid down in Schedule 4. Power to decide whether another FPS or KOD is needed in that village and then to allot the same shall also lie with the gram sabha. (n) to promote harmony and unity among various groups of people in village and arranging cultural festivals and sports meets to give expression to the talents of the people of the locality; (o) to undertake such welfare measures so as to promote social justice by taking all possible affirmative action and strengthening struggles of vulnerable and disadvantaged sections against injustice. (p) to undertake all steps to empower disempowered groups. (q) to regularly update voters’ list by publicly reading them out in Gram Sabha meeting and send them to concerned authorities who shall update them on the basis of gram sabha’s recommendations, within a month of receipt of such recommendations. Gram Sabha could recommend additions or deletions or modification of names in the voters’ list. To receive applications for inclusion of names in voters list. Such applications shall be dealt in the manner laid down in Schedule 8. (r) to make long range prospective plans which will guide the drafting of annual plans. (s) to issue caste certificates, income certificates and certificate of residence to its residents, which may be required for various purposes, in the manner laid down in Schedule 8. Such certificate shall be treated as final by all authorities, who need such a certificate for any purpose. (t) to ensure, through persuasion or discussing the matter in Gram sabha or by complaining to appropriate authorities, that all people working within the boundaries of that gram are paid at least prescribed minimum wages. (u) To keep a register of all residents, their family members and voters in that village. Any new person who comes to live in that village should register himself/herself with the gram sabha. (v) All land transfers, titles, records shall be maintained by the Panchayat Secretary on behalf of and in the manner as laid down by Gram Sabha from time to time. (w) Revenues from Agriculture Produce Marketing system shall be distributed amongst Gram Panchayats from whose members it has been collected.