Model Goa Panchayat Raj Act

(2) The Gram Sabha shall constitute minimum two Supervisory Committees to supervise the Panchayat work and other activities. The Supervisory Committees shall submit its report to the Panchayat and also place a copy of their report in the meeting of the Gram Sabha for an appropriate decision.

Delete

(3) The Government shall constitute Vigilance Committees to oversee the quality of work, schemes and other activities for each Gram Panchayat. The terms and conditions of appointment of the members of Vigilance Committees shall be such as may be prescribed.

Delete

(4) The decision taken by the Gram Sabha shall be binding on the Panchayat provided it is not contrary to the rules and regulations framed under this Act or any other law for the time being in force and it shall be the duty of the Sarpanch to execute the same as early as possible.

(4) The decision taken by the Gram Sabha shall be binding on the Panchayat provided it is not contrary to this Act and it shall be the duty of the Sarpanch to execute the same as early as possible.

(5) Any person aggrieved by the decision of the Gram Sabha, may prefer an appeal to the Director within a period of thirty days from the date of such decision and the Director's decision on such appeal shall be final.

Delete

(6) The Director, after giving notice to the Panchayat and the public notice to be displayed on the notice board of the Panchayat and the Office of the Block Development Officer, may pass such order as he may deem fit and proper.

Delete

(7) Any member of the Gram Sabha shall, have the right to obtain information relating to any developmental works undertaken by the Panchayat as well as certified copies of the proceedings of the meeting of the Panchayat and Gram Sabha.

(7) Any member of the Gram Sabha shall, have the right to obtain any information in the custody of panchayat as well as certified copies thereof.

(8) The Gram Sabha shall constitute two or more ward development committees. The power, functions and the manner of constitution of such committees, shall be such as may by prescribed.

Delete

(9) A Gram Sabha shall carry out such other functions as the Government may, by general or special order, require.

Provided that the Government shall provide adequate manpower and resources to cary out the same.

New Section

6 A. Powers of Gram sabhas: Gram sabha may exercise the following powers, namely -

(i) Gram sabha shall have the powers to get any information from any official of the state Government or the District or the Block regarding issues directly or indirectly related to their village. Else, Gram Sabha can impose a penalty up to Rs 25,000 on that official.

(ii) Payment cannot be made for any project in that village without a satisfaction certificate from Gram Sabha. If the Gram Sabha finds the project or public work unsatisfactory, it can stop payment and then hold enquiry to find out the cause of unsatisfactory quality and to fix responsibility and direct continuation of the work or amendment thereto in a manner as it deems fit.

(iii) Power to revoke licence of existing rations shops and kerosene depots or to give new licence would lie with Beneficiary Sabha.

(iv) to hire any consultants to seek technical guidance on any issues.

(v) to direct and authorize any kind of expenditure for the welfare of the people of that village on the subjects which are within the jurisdiction of gram sabha and for the purposes of implementation of this Act

(vi) to allow/ disallow any industrial activity or mining activity or quarrying or any land use conversion as per law. Such activity could be allowed on such terms and conditions as specified by the gram sabha. On violation of these terms and conditions, gram sabha shall have the power to direct closure of such activity. However, this shall be done by following the procedure laid down in Schedule 6. Land use conversion shall be allowed only if the gram sabha feels it would serve larger public interest. The gram sabha shall also have the powers to direct closure of any industrial activity or mining activity, which is causing public nuisance. However, before directing such closure, gram sabha shall give an opportunity to such industrial establishment to make such amends as may be deemed necessary. Only when the industrial establishment fails to comply with such directions that such closure shall be ordered.

(vii) to decide whether to allow acquisition of any land in the village by any Government agency and if yes, at what terms and conditions.

(viii) No liquor shop can be opened in any village without the approval from gram sabha. Such a resolution should have the support of at least 90% of women members present and voting.

(ix) If any gram sabha directs closure of an existing liquor shop through a resolution passed by a simple majority, the shop would have to be closed.

(x) A Gram sabha shall have first right and control over all natural resources in its jurisdiction, such as land, water, flora and fauna, sand, minor minerals, etc. The Gram sabha shall have a duty to plan for the preservation and utilization of these natural resources in a manner that these natural resources are utilized in a fair and equitable manner.

(xi) Gram sabha shall have the power to form any committee for any purpose.

(xii) If 5% gram sabhas pass a resolution with simple majority each, the state legislature will send copies of such resolution to all gram sabhas for their opinion and if more than 60% of gram sabhas endorse that proposal, the state government shall have to implement it, even if it requires any legislative changes.

(xiiA) If 30% or more of affected Gram Sabhas pass a resolution demanding removal of an official at district or state level, the respective government shall have to implement it.

(xiii) Police shall register an FIR if any case, related to occurrence of any cognizable offence in that village, including corruption done by any elected representative or any official, is referred to them by the Gram sabha.

(xiv) If police makes any arrest in that village, it shall, within 2 hours of arrest, inform and send copies of FIR and all related documents to the Panchayat secretariat.

(xv) The police shall be present, whenever summoned by the Gram Sabha, and report progress of various cases related to that village. If Gram Sabha expresses dissatisfaction with the progress of any case or fears collusion by police in any case, Gram Sabha may set up its own committee to investigate and collect evidence and present it to the court. If police version is actually found to be wrong by the court, then the Gram Sabha shall have powers to direct district authorities to register criminal cases against those policemen who colluded.

(xvi) The Gram Sabha shall have the powers to summon the Block Development Officer or the SDM or any other officer at Panchayat, block or district level, if repeated resolutions passed by Gram Sabha, which have to be implemented by him/her remain unimplemented. Failure to comply with such summons will render that officer liable to a financial penalty upto Rs 50,000 to be imposed by Gram Sabha after giving him an opportunity of being heard.

(xvii) If any irregularity comes to the notice of Gram Sabha or for any other reason, if the Gram Sabha wishes to conduct an enquiry, it may do so by setting up a committee of its own or may direct an appropriate officer to conduct that enquiry within the time prescribed and report back. Gram Sabha may accept or reject or partly accept the recommendations and findings of that report and shall be cometent to take any appropriate action.

New Section

6 B.Land acquisition: (1) If any one or more persons or entities, including government, wish to purchase more than 10% of the total area of a village at any time or if the government wishes to acquire any quantity of land in that village, then they shall make an application to the Panchayat Secretary.

(2) Panchayat Secretary shall place that request in the next Gram Sabha meeting.

(3) Gram Sabha may decide to invite those who wish to purchase or acquire land to present and reply to various queries from the villagesr at a Gram Sabha meeting, to be specially convened for this purpose. Gram Sabha may also decide to invite any other person, who it thinks would be helpful in assisting the Gram Sabha.

(4) In this specially convened Gram Sabha, other than the members of Gram Sabha, no one else can be present except those who have been specially invited.

(5) If Gram Sabha apprehends law and order problem, it may seek police assistance. However, if it does not do that, the police shall not be present at Gram Sabha. No government official, other than those invited by Gram Sabha shall be present at Gram Sabha meeting.

(6) After listening to the presentations made by those who wish to purchase or acquire land and after seeking explanations from them, Gram Sabha would decide whether to allow such transfer or not keeping in mind the larger public interest and development of the country, the interests of the village, interests of those whose lands are being acquired, interests of those who do not own those lands but are directly or indirectly dependent on the lands being sought to be transferred, environmental impact of the project for which lands are being sought etc. However, decision of Gram Sabha shall be final whether to transfer land or not.

(7) Keeping all these and any other factors in mind, the Gram Sabha may approve transfer of land on such terms and conditions, as it deems fit.

New Section

6 C Beneficiary Sabha: (1) For any decision taken by Gram sabha, a Beneficiary Sabha consists of such members of that gram sabha who are directly affected by that decision.

(2) All decisions in a village shall be taken by Gram sabha but execution of those decisions shall be monitored and supervised by Beneficiary Sabha.

(3) Beneficiary Sabhas shall be formed for Public Distribution System, various beneficiary schemes and various developmental works. However, it may not be required for such projects or schemes, which benefit all people of that village or where the beneficiary group is too diffused.

(4) Decisions taken by a beneficiary sabha shall be deemed to have been taken by gram sabha and shall have the same effect.

(5) If a person feels that he is a beneficiary, yet has been denied participation in a beneficiary sabha, he can appeal to Ombudsman regarding the same.

7. Constitution of Panchayats.-(1) A Panchayat shall consist of, such number of members as the Government may, by order, determine, so far as may be in accordance with the following Table:

For a Panchayat with a population of	Number of members	Classification
>=1500 but <2000	5	D
>2000 but <>	7	C
>5000 but <>	9	B
> 8000	11	A

7. Constitution of Panchayats.-(1)A Panchayat shall consist of the Sarpanch and the Deputy Sarpanch.

(2) All the members of a panchayat shall be elected.

(3) The Director shall divide each Panchayat area into wards the number of which shall be equal to the number of members determined in respect of such Panchayat under sub section (1)

Delete

(4) In every Panchayat, seats shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats in the Panchayat as the population of the Scheduled Castes and the Scheduled Tribes in the Panchayat area bears to the total population of the Panchayat area:

Provided that Government may by notification reserve any seat reserved for Scheduled Castes and Scheduled Tribes for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes:

Provided further that the Government may, by order published in the Official Gazette, direct any Panchayat to co-opt in such manner as may be prescribed, a person belonging to the Scheduled Caste, where there is a reasonable population of the

Scheduled Caste but the reservation may not be made.

(5) The Government may, by notification reserve such number of seats in any Panchayat as may be considered necessary, taking into account the population of the backward classes in the Panchayat area, for persons belonging to the backward classes.

(6) Not less than one third (including the number of seats reserved for women belonging to Scheduled Castes or Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women:

Provided that the seats reserved under sub-section (4), (5) and (6) shall be allotted by rotation to different wards in the panchayat area:

Provided further that nothing contained in this section shall be deemed to prevent a woman or a person belonging to the Scheduled Castes and Scheduled Tribes or Backward Classes from contesting for elections to any non-reserved ward in such Panchayat.

(7) Notwithstanding anything contained in sub-section (1) where two-thirds of the total number of members are required to be elected or have been elected, failure to elect the remaining members shall not affect the constitution of the Panchayat.

Delete

(8) The Director shall publish, in the prescribed manner, the names of members elected or deemed to have been duly elected to a Panchayat.

[Explanation:-In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures of have been published, but where figures of census are not available, the population shall be ascertained from other relevant authenticated records maintained by the Government.]

(8) The State Election commission shall publish, the names of members elected or deemed to have been duly elected to a Panchayat.

8. Incorporation of Panchayats-Every Panchayat shall, by the name specified by the Government in this behalf, be a body corporate having perpetual succession and a common seal, and subject to the provisions of this Act, have powers to acquire, hold or dispose of properties both movable and immovable and to contract and shall by the said name sue or be sued.

9. Qualification for membership-Every person whose name is in the list of voters referred to in section 13 of the wards in a Panchayat shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any ward in that Panchayat:

Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women, no person who is not a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes or is not a woman, as the case may be, shall be qualified to be elected to such seat.

9. Qualification for membership-Every person whose name is in the list of voters referred to in section 13 in a Panchayat shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from that Panchayat as a Sarpanch or a Deputy Sarpanch:

10. Disqualification for membership-A person shall be disqualified for being chosen as, and for being, a member of the Panchayat if,

(a) he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature:

Provided that no person shall be disqualified on the ground that he is less than twentyfive years, if he has attained the age of twenty-one years;

(b) he has been dismissed from service of the Government or any local authority;

Delete

(c) he holds any office of profit under any local or other authorities subject to the control of the Central Government, the State Government or the Government of any other States, other than such offices as are declared by rules made under this Act not to disqualify the holder;

(d) he is in arrears for such period as may be prescribed of any tax, fee or other sum due to the Panchayat;

(e) he has been convicted by a court of any offence involving moral turpitude and five years have not been elapsed since his release; or

(f) he has directly or indirectly any share or monetary interest in any work done by or to the Panchayat or any contract or employment with, under or by or on behalf of, the Panchayat;

(g) he is employed in any Corporation, whether statutory or otherwise, owned or controlled or financed in part or fully, by the Central Government or the Government or any State Government.

10A. If a person who has been elected as a member of the Panchayat is or becomes a member of the House of the People, the Council of States or the State Legislative Assembly, then at the expiration of a period of fifteen days of such election, his seat in the Panchayat shall become vacant, unless he has previously resigned from his seat in the House of the People, Council of States or the State Legislative Assembly, as the case may be.

11. Decision on questions as to disqualification-If any question arises as to whether a member of a Panchayat has become subject to any disqualification referred to in section 10, it shall be referred to the State Election Commission for decision and its decision thereon shall be final.

12. Vacation of seat by members-(1) If a member of a Panchayat

(a) is or becomes subject to any of the disqualifications mentioned in section 10; or

Delete

(b) absents himself for more than three consecutive ordinary meetings of the Panchayat without the leave of the Panchayat or is absent from the State of Goa for more than four consecutive months:

Provided that when an application is made by a member for leave to the Panchayat for leave to absent himself and the Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the receipt of the application by the Panchayat, the leave applied for shall be deemed to have been granted by the Panchayat.

Delete

(c) absents himself with leave of the Panchayat for a period not exceeding six months but fails to attend the next meeting of Panchayat after the expiry of such leave.

Delete

(d) votes or takes part in discussion in contravention of the provisions of sub-section (4) of section 55, his seat shall be deemed to be or to have become, as the case may be, vacant.

Delete

(2) If any question arises as to whether a person is or has become subject to disqualification under clause (b) or clause (c) of sub section (1) the Block development officer may either sup motu or on a report made to him and after giving an opportunity to the person concerned of being heard, decide the question whose

decision shall be final.

Delete

13. Lists of Voters.-(1) Subject to the provisions of sub-section (1), the electoral roll of the [Legislative Assembly of the State] for the time being in force for such part of the ward of a Panchayat shall be deemed to be the list of voters for such Panchayat wards.

(2) No amendment transposition or deletion of any entry in the electoral roll of the [Legislative Assembly of the State] made after, the last date of making nominations for an election in any Panchayat ward and before the completion of such election shall form part of the list of voters for such election for the purpose of this section.

14. Right to vote.-(1) Every person whose name appears in the voters list relating to a ward shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the voters list remains in force and no personwhose name does not appear in such voters list shall vote at any such election.

(2) No person shall vote at any election under this Act in more than one ward or more than once in the same ward.

15. Election of members.-The election of members from wards of a Panchayat shall be held in accordance with such manner as may be prescribed on such date or dates as the Government may, by notification direct:

Provided that a casual vacancy in a ward shall be filled up within a period of six months from the date of occurrence of the vacancy.

15. Election of Sarpanch and Deputy Sarpanch.-The election of Sarpanch and Deputy Sarpanch from a Panchayat shall be held in accordance with such manner as may be prescribed on such date or dates as the Government may, by notification direct:

Provided that a casual vacancy in a Panchayat shall be filled up as soon as possible (within a period of two months from the date of occurrence of the vacancy).

16. Election Petition.-(1) No election to fill a seat or seats in a Panchayat shall be called in question except by an election petition prescribed on one or more of the grounds specified in sub-section (1) of section 20 and section 21 to such authority as may be prescribed, by any candidate at such election or by any voter qualified to vote at such election together with a deposit of five hundred rupees as security for costs, within thirty days from, but not earlier than, the date of declaration of the result of the election of the returned candidate at the election, and if the dates of declaration of the results of their election are different, the last of these dates.

(2) A petitioner shall join as respondents to his petition,

(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

(b) any other candidates against whom allegations of any corrupt practice are made in the petition.

(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.

Explanation:-The expression "returned candidate" means candidate who has been declared as duly elected.

17. Contents of petition and relief that may be claimed.-(1) An election petition,

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

(3) A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

18. Trial of election petition.-(1) The prescribed authority shall dismiss an election petition which does not comply with any of the provisions of sections 16 and 17.

Explanation:-An order dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of sub-section (1) of section 19.

(2) Where more election petitions than one are presented to the prescribed authority in respect of the same election the prescribed authority may, try them separately or in one or more groups.

(3) Any candidate not already a respondent shall, upon application made by him to the prescribed authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the prescribed authority, be entitled to be joined as a respondent.

Explanation:-For the purpose of this section, a trial of petition shall be deemed to commence on the date fixed for the respondents to appear before the prescribed authority and answer the claim or claims made in the petition.

(4) The prescribed authority, may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition, which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial be continued from day to day until its conclusion, unless the prescribed authority finds the adjournment of trial beyond the following day to be necessary for reasons to be recorded.

(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the prescribed authority for trial.

(7) Subject to the provisions of this Act, every election petition shall be tried by the prescribed authority, as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), to the trial of suits:

Provided that the prescribed authority shall have discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if he is of the opinion that their evidence is not material for the decision of petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(8) The Provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872), shall subject to the provisions of this Act be deemed to apply in all respects to the trial of an election petition.

(9) Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of the election petition on the ground that it is not duly stamped or registered.

(19) Decision of the prescribed authority.-(1) At the conclusion of the trial of an election petition, the prescribed authority shall make an order,

(a) dismissing the election petition; or

(b) declaring the election of all or any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidates to have been duly elected.

(2) At the time of making an order under sub-section (1), the prescribed authority shall also make an order,

(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording,

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and

(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:

Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless

(i) he has been given notice to appear before the prescribed authority and to showcause why he should not be so named; and

(ii) if he appears in pursuance of the notice he has been given an opportunity of cross examining any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.

20. Grounds for declaring election to be void.-(1) Subject to the provisions of subsection (2), if the prescribed authority is of opinion,-

(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen as member under this Act; or

(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or

(d) that the result of the election, in so far as it concerned a returned candidate, has been materially affected,

(i) by the improper acceptance of any nomination; or

(ii) by any corrupt practice commuted in the interests of the returned candidate by an agent; or

(iii) by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or

(iv) by any non-compliance with the provisions of this Act or of any rules or order made thereunder;

the prescribed authority shall declare the election of the returned candidate is not void.

(2) If in the opinion of the prescribed authority, any agent of a returned candidate has been found guilty of any corrupt practice, but the prescribed authority is satisfied,

(a) that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders and without the consent of the candidate;

(b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and

(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agent; then the prescribed authority may decide that the election of the returned candidate is not void.

21. Grounds on which a candidate other than the returned candidate may be declared to have been elected-(1) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate claims a declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion,

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes; the prescribed authority shall after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

(2) The decision of the prescribed authority shall be final.

22. Procedure in case of equality of votes.-If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of these candidates to be declared elected, then the prescribed authority shall decide between them by lot and proceed as if the one on whom the lot falls has received an additional vote.

23. Corrupt practices-The following shall be deemed to be corrupt practices for the purposes of this Act, namely:

(i) bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951), for the time being in force;

(ii) undue influence as defined in clause (2) of section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951), for the time being in force;

(iii) the appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of or appeal to national symbols, such as the National flag or the National emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;

(iv) the promotion of or attempt to promote, feelings of enemity or hatred between different classes of the citizens on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of that candidate or for prejudicially affecting the election of any candidate;

(v) the publication by a candidate or his agent or by any other person, with the consent of candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidature, being a statement reasonably calculated to prejudice the prospects of the candidate's election;

(vi) the hiring or procuring, whether on payment or otherwise, any vehicle, or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent, or the use of such vehicle or vessel for the free conveyance of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:

Provided that the use of any public transport vehicle or vessel or railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation:-In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise, whether used for the drawing of other vehicles or otherwise.

(vii) the holding of any meeting at which intoxicating liquors are served;

(viii) the issuing of any circular, placard or poster having reference to the election which does not bear the name and address of the printer and publisher thereof;

(ix) any other practice which the Government may by rule specify to be a corrupt practice.

24. Order as to corrupt practices-The corrupt practices referred to in section 23 shall entail disqualification for membership of any local authority for a period of five years counting from the date on which the finding of the prescribed authority as to such practices takes effect under this Act.

25. Communication of orders-The prescribed authority shall after announcing the orders made under sections 20 and 21 send a copy thereof to the Government.

26. Fresh election if a seat becomes vacant-If the seat of any member has become vacant or is deemed to have become vacant under section 12, a fresh election for the vacancy caused shall be held in accordance with the provisions of this Act.

27. Prohibition of canvassing in or near polling station-(1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:

(a) canvassing for votes; or

(b) soliciting the vote of any voter; or

(d) persuading any voter not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice relating to the election).

(2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to rupees five hundred.

(3) An offence punishable under this section shall be cognizable.

28. Penalty for disorderly conduct in or near polling stations-

(1) No person shall on the date or dates on which a poll is taken at any polling station,

(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes or willfully aids or abets the contravention of the provision of sub-section (1) shall, on conviction, be punished with imprisonment which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reasons to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

29. Penalty for misconduct at polling station.-(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

30. Maintenance of secrecy of voting-(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at any election shall maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.

31. Officers etc., at elections not to act for candidate or influence voting.-(1) No person who is a returning officer or a presiding or a polling officer at any election or any officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election, shall, in the conduct or management of the election do any act (other than the giving of a vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force shall endeavour,

(a) to persuade any person to give his vote at an election; or

(b) to dissuade any person from giving his vote at an election;

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

(4) An offence punishable under sub-section (2) shall be cognizable.

32. Breaches of official duty in connection with elections.-(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty he shall, on conviction, be punished with fine which may extend to five hundred rupees.

(2) An offence under sub-section (1) shall be cognizable.

(3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(4) The person to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election; and the expression "official duty" shall for the purpose of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

33. Removal of ballot papers from polling stations to be an offence.-(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1) such officer may before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

34. Other offences and penalties thereof.-(1) A person shall be guilty of an offence if at any election, he,

(a) fraudulently defaces, or fraudulently destroys any nomination paper; or

(b) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of returning officer; or

(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purpose of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.

(2) Any person guilty of an offence under this section shall,

(a) if he is a returning officer or presiding officer of a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;

(b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both:

(3) For the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act in connection with such election.

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

35. Promotion of enemity between classes in connection with election-Any person who in connection with an election under this Act, promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enemity or hatred between different classes of citizens of India shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine or with both.

36. Prohibition of public meetings on the day preceding the election day and on the election day.-(1) No person shall convene, hold or attend any public meeting, within any polling area within forty eight hours before the commencement of the poll or the date or dates on which poll is taken for an election in that polling area.

(2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

37. Powers of Collector to prohibit fairs etc. on election day.-The Collector may, in order to ensure free and fair election prohibit any fair (including cattle fairs) in a Panchayat area on the day of election to the Panchayat of such area.

38. Disturbance of election meetings.-(1) Any person who at a public meeting held in connection with an election under this Act, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall, on conviction be punished with fine which may extend to five hundred rupees.

(2) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails to so declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

39. Restrictions on the printing of pamphlets, posters etc.-(1) No person shall print or publish, or cause to be printed or published any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

(2) No person shall print or cause to be printed any election pamphlet or posters:

(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known is delivered by him to the printer in duplicate; and

(b) unless within a reasonable time after the printing of the documents, one copy of the declaration is sent by the printer, together with one copy of the document to the District Magistrate.

(3) For the purposes of this section,

(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression 'printer' shall be construed accordingly; and

(b) election pamphlet or poster means any printed pamphlet, hand bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election but does not include any hand bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

40. Penalty for illegal hiring or procuring of conveyance at election.-If any person is guilty of any such corrupt practice as is specified in clause (vi) of section 23 at or in connection with an election, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

New Section

40 A. The “prescribed authority” referred to in Sections 15 to 40 is the State Election commission.

41. Prosecution in certain offences.-No court shall take cognizance of an offence punishable under clause (a) of sub-section (2) of section 34, unless there is a complaint made by an order of or under authority from the Director.

Delete

42. Term of office.-The members of a Panchayat shall, save as otherwise provided in this Act, hold office, for a term of five years.

43. Commencement of term of office-The term of office of the members elected at a general election shall commence on the date appointed for the first meeting of the Panchayat.

43. Commencement of term of office-The term of office of the members elected at a general election shall commence on the date appointed for the first meeting of the Gram Sabha.

(2) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under sub-section (8) of section 7.

(3) As soon as may be after the first meeting of the Panchayat, every member thereof shall take the oath of office before such Officer as may be prescribed. No member who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall he be included as a member of any committee constituted by the Panchayat.

(3) As soon as may be after the first meeting of the Gram Sabha, every member thereof shall take the oath of office before the Gram Sabha. No member who has not taken such oath shall vote or take part in the proceedings of any meeting nor carry out any functions assigned to him under this act.

44. Resignation of member.-A member of a Panchayat may resign his membership in writing under his hand addressed to the Sarpanch and his seat shall become vacant on the expiry of seven days from the date of the receipt of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his hand addressed, to the Sarpanch:

Provided that no such resignation shall be taken cognizance of by the Sarpanch unless presented either by the resigning member himself or his signature duly attested by Notary Public or Gazetted Officer and he is satisfied about the genuineness of signature and voluntariliness of resignation.

Delete

45. Reservation of office of Sarpanch and Deputy Sarpanch.-The Government may by general or special order reserve,

(a) such number of offices of Sarpanch and Deputy Sarpanch of Panchayats in the State for the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of the offices in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bears to the total population of the State.

(b) such number of offices of Sarpanch and Deputy Sarpanch of the Panchayats, which shall as nearly as may be, one-third of the total number ofoffices of Sarpanch and Deputy Sarpanch in the State for the persons belonging to the Backward Classes;

(c) not less than one-third of the total number of offices of Sarpanch and Deputy Sarpanch of Panchayats in the State from each of the categories which are reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and of those which are non-reserved for women:

Provided that the offices reserved under this sub-section shall be allotted by rotation to different Panchayats.

Explanation:-For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this section shall commence from the first election to be held after the commencement of this Act.

46. Procedure for Election of Sarpanch and Deputy Sarpanch. (1) At the first meeting of the Panchayat to be called on a day fixed by the Government the members of the Panchayat shall elect, from amongst themselves a Sarpanch and a Deputy Sarpanch.

46. Procedure for Election of Sarpanch and Deputy Sarpanch. (1) Both Sarpanch and Deputy Sarpanch of the Gram Panchayat shall be directly elected by the voters enrolled in the voters’ list of that Gram Panchayat. Only such person, whose name appears on the electoral list of that village, shall be eligible to stand for the post of Sarpanch.

(2) Such officer as may be specified in this behalf by the Government shall preside at such meeting but shall not have the right to vote.

Delete

(3) No business other than the election of the Sarpanch and Deputy Sarpanch shall be transacted at such meeting.

Delete

(4) In case ofequality of votes, the result of the election shall be decided by lots drawn in the presence of the Officer aforesaid in such manner as he may determine.

Delete

(5) In the event of a dispute arising as to the validity of the election of the Sarpanch or the Deputy Sarpanch, the dispute shall be refferred to such authority as may be specified by notification by the Government and the decision of such authority thereon shall be final.

(5) In the event of a dispute arising as to the validity of the election of the Sarpanch or the Deputy Sarpanch, the dispute shall be refferred to the State Election Commission whose decision thereon shall be final.

(6) The procedure for the election of Sarpanch and Deputy Sarpanch shall be such as may be prescribed.

Delete

(6 A) In the event of the offices of the Sarpanch and Deputy Sarpanch falling vacant simultaneously in any Gram Panchayat, the State Election Commission shall as soon as possible conduct re elections.

Until the time that the elections are conducted, Gram Sabha may pass a resolution by two thirds majority of those present and voting and nominate a person to be the Sarpanch.

Provided that the Sarpanch chosen in this manner shall vacate office as soon as the elections are carried out by the State Election commission.

Provided that the State Election Commission shall conduct the elections within two months of any or both posts falling vacant.

New Section

46 A Gram Sabha Secretariat

(1) The state government shall provide Panchayat with adequate funds and manpower to set up and run the Gram sabha secretariat, which shall include at least one secretary and such other officials as deemed, fit by the State Government. The state government shall provide a fixed lumpsum amount every year, to be increased for at least inflation every year, to each gram sabha. However, gram sabha shall be competent to spend more amounts on secretariat out of its own resources, if it feels necessary.

(2) All Gram sabha secretariat staff, including Panchayat secretary, shall be directly appointed by the gram sabha by following the procedure mentioned in Schedule 7. Gram sabha Secretariat shall be headed by Panchayat Secretary.

(4) Panchayat secretary or any other employee, for whom gram sabha is the appointing authority, can be removed by Gram Sabha through a special resolution.

(5) Panchayat secretary shall get such salary as is approved by Gram Sabha. The Gram sabha may decide to give such allowances to the secretary out of its own funds as it may decide from time to time.

47. Executive powers and functions of the Secretary.-Not withstanding anything contained in this Act and the rules framed thereunder, the Secretary shall also exercise the powers on the following matters, namely:-

47. Executive powers and functions of the Secretary.-Not withstanding anything contained in this Act and the rules framed thereunder, the Secretary shall exercise such powers as may be prescribed by Gram sabha from time to time including, but not limited to the following functions, namely:-

(i)to issue the licences for construction, repairs, modification, alteration, so also occupancy certificate in pursuance of the resolution of the Panchayat;

(i)to issue the licences for construction, repairs, modification, alteration, so also occupancy certificate in pursuance of the resolution of the Gram Sabha;

(ii)to initiate action for stopping and or demolishing an unauthorized structure building constructed without the permission of the Panchayat after resolution is passed to that effect;

(ii)to initiate action for stopping and or demolishing an unauthorized structure building constructed without the permission of the Gram Sabha after resolution is passed to that effect;

(iii) to execute the resolution passed by the Panchayat body.

(iii) He/she shall be responsible for implementation of all Gram sabha decisions and directions in the manner and within such time as Gram sabha may direct.

(iv) He/she shall be custodian of all gram sabha records.

(v) To issue certificates of residence, income, caste and recommend names for inclusion in voters list, in pursuance of Gram Sabha resolutions.

(vi) Such other functions as may be entrusted upon him/her by the Gram sabha.

(vii) place all the correspondence received by him, with the government or any other agency before the Sarpanch and Gram Sabha.

(viii) Prepare the agenda of the Gram sabha meeting in accordance with Section 5 (6) b of this Act.

(ix) Record and maintain the Gram Sabha minutes.

47 A. Executive powers of the Sarpanch.-Notwithstanding anything contained in this Act and the rules framed thereunder, the Sarpanch shall exercise the powers on the following matters, namely:

47 A. Executive powers of the Sarpanch.-Notwithstanding anything contained in this Act and the rules framed thereunder, the Sarpanch shall exercise such powers and perform such functions as may be prescribed by Gram Sabha from time to time, including,

(i) to implement the programme of welfare schemes and other developmental works;

(i) To act as a bridge between Gram Sabha and higher tiers of panchayat including block and district panchayats i.e. to bring all their minutes to Gram Sabha and to take all proposals and minutes passed by Gram Sabha, which relate to the whole block or to the whole district, to block or district panchayat, as the case may be.

(ii) to execute and implement the resolution passed by the Panchayat on the matters not specified in section 47.]

(ii) to implement various decisions of Gram Sabha.

48. Term of office and conditions of service of Sarpanch, Deputy Sarpanch, [elected and co-opted] members of the Panchayat.-(1) The term of office of every Sarpanch and every Deputy Sarpanch of the Panchayat shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Panchayat.

(2) Salary and other conditions of service of the Sarpanch, Deputy Sarpanch, elected and co-opted members of the Panchayat shall be as prescribed".

(2) Allowances to Sarpanch and Deputy Sarpanch: Sarpanch and Deputy Sarpanch shall be paid such allowances as may be decided by Gram Sabha. However, their actual expenses, as approved by Gram Sabha, shall be reimbursed upto an upper limit prescribed by Gram Sabha.

49. Appointment of Sarpanch during vacancy in the office.-During a vacancy in the office of the Sarpanch of the Panchayat, the Deputy Sarpanch and when there is no Deputy Sarpanch an officer appointed by the Director shall exercise the powers and perform the duties of the Sarpanch until a Sarpanch is duly elected.

49. Appointment of Sarpanch during vacancy in the office.-During a vacancy in the office of the Sarpanch of the Panchayat, the Deputy Sarpanch shall exercise the powers and perform the duties of the Sarpanch until a Sarpanch is duly elected.

50. Resignation or Removal of Sarpanch or Deputy Sarpanch.-(1) The Sarpanch of the Panchayat may resign his office by writing under his hand addressed to the Director and the Deputy Sarpanch of the Panchayat may resign his office by writing under his hand addressed to the Sarpanch and in the absence of the Sarpanch to the Director.

50. Resignation of Sarpanch

(1) The Sarpanch/ Deputy Sarpanch may resign his office by writing under his hand addressed to the Panchayat Secretary. The Panchayat Secretary shall call a Gram Sabha within 7 days of receipt of the resignation. The member shall present to the Gram Sabha the reason for the resignation. The Gram Sabha, then shall decide whether to accept his/her resignation or not.

(2) Every Sarpanch or Deputy Sarpanch of the Panchayat shall be deemed to have vacated his office forthwith if he ceases to be a member of the Panchayat.

Delete

(3) Every resignation under sub-section (1) shall take effect on the expiry of ten days from the date of its receipt by the Director or the Sarpanch as the case may be, unless within the period of ten days he withdraws such resignation by writing under his hand.

Delete

(4) Every Sarpanch or Deputy Sarpanch of a Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as Sarpanch or Deputy Sarpanch by the Director for being persistently remiss in the discharge of his duties or misconducting himself or misuses or abuses the powers or exercising the powers not expressly vested in him by or under the Act or the rules framed thereunder and the Sarpanch or Deputy Sarpanch so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as Sarpanch or Deputy Sarpanch for such period not exceeding five years as the Director may specify in his order.

Delete

(5) A Sarpanch or Deputy Sarpanch removed from his office under sub-section (4) may also be removed by the Director from the membership of the Panchayat for such period not exceeding five years as the Director may specify in his order.]

Delete

51. Motion of no confidence against Sarpanch and Deputy Sarpanch.-(1)

Every Sarpanch or Deputy Sarpanch shall forthwith be deemed to have vacated his office if a resolution· expressing want of confidence in him is passed by a majority of a total members of the Panchayat at a meeting specially convened for the purpose:

Provided that no such [notice of motion of no-confidence] shall be taken into consideration unless it is signed by the majority ofthe Members:

[Provided further that no notice of motion ofno confidence shall be moved within six months after the meeting ofPanchayat defeating the motion of no confidence.]

[(2) The notice of no confidence motion shall be delivered to the Block Development Officer who shall convene a special meeting of the Panchayat to consider the no confidence motion within fifteen days from the receipt of the notice thereof.

51. Recall of a member by no-confidence motion –

(1) Grounds for recall: A recall motion, as mentioned above can be brought against a Sarpanch or Deputty-Sarpanch for one or more of the following reasons:

(a) if a Sarpanch or an Deputty-Sarpanch of Gram Panchayat absents himself without sufficient cause for more than three consecutive meetings or sittings or

(b) if he willfully omits or refuses to perform his duties

and functions under this Ordinance, or

(d) if he becomes physically or mentally incapacitated for performing his duties or

(e) if he is absconding being an accused in a criminal case for more than six months, or

(f) if he does not implement the decisions of the Gram Sabha or violates them and does not improve his conduct despite several warnings by Gram Sabha

The Sarpanch or Deputty-Sarpanch so removed shall not be eligible for re-election as Sarpanch or Deputy Sarpanch during the remaining term of office of such Gram Panchayat.

(2) Process of recall

(4) (i) Recall of Sarpanch or Deputy Sarpanch by no-confidence motion –

(1) If 20% or more of registered voters of a Gram sabha make a written representation to the State Election Commission expressing lack of confidence in Sarpanch or Deputy-Sarpanch, the State Election Commission shall, within two weeks of receipt of the representation, get it verified whether the signatories exist on voter list and get it enquired from each signatory whether he/she had actually signed on the representation.

(2) As a result of verification, if the enquiry officer reports that some of the members have been misrepresented, the results of verification shall be widely publicized and shall be available to anyone on payment of ordinary photocopying charges and people will be given a month’s time to make representation to the State Election Commission against said verification. If some representations are received against the verification, the State Election Commission shall in the next Gram Sabha meeting get a re-verification done by calling the names of individual signatories and publicly asking them whether they signed or not. If the verification is actually found to be wrong, the enquiry official shall be suspended and disciplinary action and criminal action under IPC shall be initiated against him.

Provided that if the signatories do not turn up at the gram sabha meeting, it shall be assumed that they had not signed the representation.

(3) If the representation in sub-section (1) is found to be genuine, the State Election Commission shall, at a date not more than a month after receipt of enquiry report, get a polling done through secret ballot whether the people of that Village want the Sarpanch or Deputy Sarpanch to be removed. If two thirds of people vote for removal, he shall be deemed to have been removed with immediate effect from the declaration of results.

(4) The State Election Commission shall hold elections within a month of recall to elect a Sarpanch or Deputy-Sarpanch, as the case may be.

Provided that during the first one year period of the tenure, no such motion of no confidence shall be moved against the Sarpanch or Deputy-Sarpanch.

Provided further that if the motion of no confidence against the Sarpanch or Deputy Sarpanch is once rejected, no fresh motion of no confidence against the Sarpanch or Deputy Sarpanch shall be brought within a period of one year from the date of such rejection of the motion; Provided further that no motion of no confidence against Sarpanch or Deputy Sarpanch shall be brought during the last six months of the term of Gram Panchayat.

(3) Appeal

Appeal shall lie before Ombudsman, who shall not have the powers to go into the merits of the resolution. He will only examine whether the procedures laid down under this Act have been correctly followed.

(3) A copy of notice of no confidence motion shall also be delivered to the Secretary of the Panchayat.

Delete

(4) The procedure to be followed for such a special meeting shall be such as may be prescribed. ]

Delete

52. Procedure at meeting.-The procedure at a meeting of the Panchayat shall be as prescribed.

Delete

53. Casual Vacancies.-(1) A casual vacancy in the office of Sarpanch or Deputy Sarpanch or member of the Panchayat shall be filled by election of Sarpanch or Deputy Sarpanch or member who shall hold office so long as the Sarpanch, Deputy Sarpanch or member in whose place he has been elected would have held office, if the vacancy had not occurred.

(2) The procedure for filling up casual vacancies of Sarpanch or Deputy Sarpanch shall be such as may be prescribed.

(3) The date for calling the election to fill up the casual vacancy in the office of Sarpanch or Deputy Sarpanch shall be fixed by the Director within a period of sixty days from the date of occurrence of such vacancy or from the date of intimation to the Directors, whichever is earlier.

(3) The date for calling the election to fill up the casual vacancy in the office of Sarpanch or Deputy Sarpanch shall be fixed by the State Election Commission within a period of sixty days from the date of occurrence of such vacancy.

54. Meeting of the Panchayat.-(1) A Panchayat shall meet for transaction of business at least once in [fifteen days] at the office of the Panchayat and at such time as the Sarpanch may determine.

Delete

(2) The Sarpanch may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request [hold] a special meeting.

Delete

(3) Seven clear days notice of an ordinary meeting and three clear days notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the Secretary of the Panchayat to the members and such officers as the Government may prescribe, and affixed on the notice board of the Panchayat.

Delete

(4) The officers to whom notice is given under sub-section (3) and other Government officers having jurisdiction over the Panchayat area or any part thereof shall be entitled to attend every meeting of the Panchayat and take part in the proceedings, but shall not be entitled to vote.

Delete

(5) If the Sarpanch fails to hold a special meeting as provided in sub-section (2), the Block Development Officer shall hold such a meeting within seven days upon the receipt of the written request of not less than one-third of the total number of members of the Panchayat.]

[Explanation:-For the purpose of this section, the date of presentation of written request in the office of the Panchayat or the Block Development Officer, as the case may be shall,be the date from which the period is to be counted.]

Delete

55. Quorum and Procedure.-(1) The quorum for a meeting of the Panchayat shall be one-third of the total number of members. If at the time appointed for the meeting a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. He shall similarly after waiting for thirty minutes adjourn the meeting, if at any time, after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be pasted in the office of the Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at any subsequent adj ourned meeting at which there is a quorum.

Delete

(2) Save as otherwise provided by or under this Act, at every meeting of Panchayat, the Sarpanch or in his absence the Deputy Sarpanch shall preside, and in the absence of both, the members present shall choose one from amongst themselves to preside over the meeting.

Delete

(3) All questions shall, unless otherwise specifically provided, be decided by a majority of votes of the members present and voting. The Sarpanch or Deputy Sarpanch or person presiding, as the case may be unless he refrains from voting shall give his vote before declaring the number of votes for and against a question and in the case of equality of votes he may give his casting vote.

Delete

(4) No member of a Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of a Panchayat, if the question is one in which, apart from its general application to the public, he has any pecuniary interest, and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.

Delete

(5) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. Any member of the Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

Delete

(6) Such sitting fees as may be prescribed shall be paid to each member for attending the meeting ofthe Panchayat or any committee thereof.

Delete

56. Modification or cancellation of resolution.-No resolution of a Panchayat shall be modified or cancelled within six months after the passing thereof, except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting, notice whereof shall have been given fulfilling the requirements of sub-section (3) of section 54 setting forth fully the resolution which is proposed to be modified or cancelled at such meeting and the motion or proposition for the modification or cancellation of such resolution.

Delete

57. Minutes.-(1) Minutes shall be kept of the names of the members and of the officers, if any present, and of the proceedings at each meeting of the Panchayat and if any members present at the meeting so desires, of the names of the members voting respectively for or against any resolution, in a book to be provided for the purpose and after they are read over and agreed to shall be signed by the Sarpanch or Deputy Sarpanch or person presiding at such meeting and shall at all reasonable times be open to inspection by any member of the Panchayat. Any person may inspect the copy of the minutes of the meeting. The minutes book shall always be kept in the office of the Panchayat and shall be in the custody of the Secretary of the Panchayat.

Delete

New Section

57 A. Any Gram Sabha member can obtain a copy of the minutes of Gram Sabha meeting from the Panchayat office free of cost.

(2) A copy of the minutes of every meeting ofPanchayat shall within ten days from the date of the meeting, be forwarded by the Secretary to the [Block Development Officer.]

Delete

58. Interpellations and resolutions.-(l) Any member may call the attention of the Sarpanch to any neglect in the execution of the Panchayat work or to any waste of Panchayat property or to the wants of any locality and may suggest any improvements

which may appear desirable.

Delete

(2) Every member shall have a right to move resolution and to interpellate the Sarpanch on matters connected with the administration of the Panchayat, subject to such rules as may be prescribed.

Delete

59. Validity of proceeding.-(1) No disqualification of or defect in the election or appointment of any person acting as member, or as the Sarpanch of the Panchayat or Chairman or member of a Committee of a Panchayat constituted under this Act shall be deemed to vitiate any act or proceeding of the Panchayat or any such committee, as the case may be, in which such person has taken part whenever the majority who were parties

to such act or proceeding were entitled to act.

Delete

(2) No resolution of a Panchayat or of any Committee of a Panchayat constituted under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member, provided that the proceedings ofthe Panchayat or Committee were not prejudicially affected by such irregularity.

Delete

(3) Until the contrary is proved, every meeting of a Panchayat or of a Committee of a Panchayat constituted under this Act in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified, and where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with matter referred to in the minute.

Delete

(4) During any vacancy in a Panchayat or Committee of a Panchayat, the continuing members may act as if no vacancy had occurred.

Delete

CHAPTER III

Functions, Duties and Powers of Panchayats, Sarpanch and Deputy Sarpanch

60. Functions of the Panchayat.-(1) Subject to such conditions as may be specified by the Government from time to time, the Panchayat shall perform the functions specified in Schedule-I.

Delete

(2) The Panchayat may also make provision for carrying out within the Panchayat area any other work or measure which is likely to promote the health, safety, education, comfort, convenience or special or economic well-being of the inhabitants of the Panchayat area.

Delete

(3) ThePanchayat may, by a resolution passed at its meeting and supported by two-thirds of its total number of members and with prior approval of the [Director],

(a) make provision for or make contribution towards, any exhibition, conference or seminar without or outside the Panchayat area but within the district; or

(b) make contribution to any medical, educational or charitable institutions or any other institutions of public utility, within the Panchayat area which are registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or under any other law for the time being in force.

Delete

61. Assignments of functions.-(1)The Government may, by notification and subject to such conditions as may be specified therein,

(a) transfer to any Panchayat the management and maintenance of a forest situated in the Panchayat area;

61. Assignments of functions.-( (1)

(a) The ownership over a forest situated in the Panchayat area shall stand transferred to that Gram Sabha. It shall henceforth be the duty of that Gram Sabha to ensure the management and maintenance of that forest. Revenues from that forest shall accrue to Gram Sabha. Gram Sabha may allow its members or members of any other Gram Sabha to use minor forest produce in such manner as it may deem fit;

New Sub Section

(aa) The onwnership over all minor minerals under the surface of that village land shall lie with the Gram Sabha of that village. It may either exploit it collectively through a cooperative or lease it out to any private company at such terms and conditions as are decided by their Gram Sabha.

(b) make over to the Panchayat the management of waste lands, pasture lands or . vacant lands belonging to the Government situated within the Panchayat area;

(b) ownership over all such waste lands, pasture lands or vacant lands which belong to the Government, situated within the Panchayat area shall stand transferred to that Gram Sabha. It shall be the duty of Gram Sabha to manage those lands for collective interests of all villagers. It may also temporarily make over benefits from such lands in whatever manner to extremely poor families;

(c) entrust the Panchayat with the collection of land revenue on behalf of the Government and the maintenance of such records as are connected therewith;

(c) The collection of land revenue from a village shall henceforth be the duty of respective Gram Sabha and shall accrue to its account. All land records and records related to collection of land revenues shall be the responsibility of respective Gram Sabha; and

(d) entrust such other functions as may be prescribed:

Provided that no entrustment under clause (c) shall be made without the concurrence of the Panchayat concerned:

Provided further that when any transfer of the management and maintenance of a forest is made under clause (a) the Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the Panchayat.

Delete

(2) The Government may, by notification, withdraw or modify the functions assigned under this section.

Delete

62. General powers of the Panchayat.-Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and in particular and without prejudice to the foregoing powers to

exercise all powers specified under this Act.

Delete

63. Standing Committees.- (1)Every Panchayat may constitute the following committees by election:

(i) Production Committee for performing functions relating to agricultural production, animal husbandry and rural industries and poverty alleviation programmes;

(ii) a Social Justice Committee for performing functions relating to,

(a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes;

(b) protection of such castes and classes from social injustice and any form of exploitation;

(iii) an Amenities Committee to perform functions in respect of education, public health, public works and other functions of the Panchayat.

63. Committees:

(1) Gram Sabha shall constitute as many standing committees and special committees as it deems fit, from time to time, to carry out such functions, in such manner and within such time as may be decided. The committees shall present their reports to the Gram Sabha.

(2) (a) Each Committee shall consist of not less than three and not more than five members including the Chairman and Vice-Chairman, as the case may be. The Sarpanch shall be the ex officio member and Chairman of Production Committee and Amenities Committee. The Deputy Sarpanch shall be the ex officio member and Chairman of the Social Justice Committee:

Provided that the Social Justice Committee shall consist of at least one member who is a woman and one member belonging to the Scheduled Castes or Scheduled Tribes.

(b) Each Committee shall be competent to co-opt in such manner as may be prescribed, members of farmers clubs, mahila mandals, yuvak mandals and other similar bodies recognized by the Government. A representative of co-operative societies in the Panchayat area shall be co-opted to the Production Committee. The rights and liabilities of the co-opted members shall be such, as may be prescribed.

Delete

(3) The Standing Committee shall perform the functions referred to above to the extent the powers are delegated to them by the Panchayat.

Delete

64. Powers and duties of the Sarpanch and Deputy Sarpanch.- (1) The Sarpanch of the Panchayat shall, in addition to the power exercisable under any other provision of this Act or rules made thereunder,

64. Powers and duties of the Sarpanch and Deputy Sarpanch.- (1) The Sarpanch of the Panchayat shall, in addition to the power exercisable under any other provision of this Act,

(a)convene meeting of the Panchayat;

(a) If Panchayat Secretary fails to convene a Gram Sabha or Panchayat meeting as per provisions of this law, the same shall be called by Sarpanch or if he also fails, by Deputy Sarpanch;

(b) have access to the records of the Panchayat;

(c) exercise administrative control and supervision over the work of the employees and officers of the Gram Sabha and employees including those whose services have been placed at the disposal of the Gram Sabha by any other authority, to the extent and in such manner as may be prescribed by Gram Sabha. Such control and supervision shall be exercised only to ensure proper implementation of Gram Sabha decisions.

(d) incur expenditure not exceeding rupees one thousand per month on any matter in an emergency and in public interest;

Delete

(e)recommend or not, the sanction of any kind of leave to all the officers and employees of the Panchayat including the Gram Sevak;

Delete

(f) place all the correspondence received from the Government, Director, Chief Executive Officer, before the meeting of the Panchayat;

Delete

(g) hold regular Gram Sabha and other meetings of the Panchayat;

Delete

(h) recover the tax, fees and other dues from the defaulters of the Panchayat;

Delete

(i) place the audit report before the meeting of the Panchayat and ensure its due compliance;

(i) place the audit report before the Gram Sabha;

(j) stop any unauthorized construction erected in the Panchayat area notwithstanding anything contained in sub-section (3) of section 66 of this Act and place the matter immediately before the ensuing meeting of the Panchayat for taking suitable decision;

Delete

(k) remove encroachment and obstruction upon public property, street, drains and open sites not being private property;

Secy (place such matter before next Gram Sabha meeting and seek its directions)

(1) ensure due compliance of the provisions of the Act; and

(m) comply with the directionslinstructions issued by the Director, Chief Executive Officer, Deputy Director or Block Development Officer.]

Delete

(p) Sarpanch shall be responsible for implementing the decisions taken by Gram Sabha. All decisions shall be taken by Gram Sabha and shall be implemented by Sarpanch. Sarpanch shall perform all functions and exercise all powers according to the directions of Gram Sabha

(q) He/she shall represent his/her Gram Sabha in Taluka Panchayat.

(r) All such decisions of Gram Sabha, which are to be implemented by Taluka Panchayat, shall be taken up by him/her to Taluka Panchayat meetings.

(s) To seek approval of Gram sabha before committing anything in Taluka Panchayat meetings or before taking any decision in Taluka Panchayat meetings or before expressing views of that village in Taluka Panchayat meetings.

(t) To place before every Gram Sabha meeting, the minutes of last Taluka Panchayat meetings and if Gram sabha expresses dissatisfaction over any decision or action of Taluka Panchayat, he shall take it up in the next Taluka Panchayat meeting and the Taluka Panchayat shall reconsider that decision in the light of disapproval from such Gram sabha(s)

(2) The Sarpanch may, if in his opinion the immediate execution of any work or doing of any act which requires the sanction of a committee or of the Panchayat, is necessary in public interest convene a meeting for the purpose with a notice of twenty four hours.

Delete

(3) The Deputy Sarpanch of the Panchayat shall exercise the powers and perform the duties of the Sarpanch when the Sarpanch is absent, on leave or is incapacitated from functioning.

65. Power of Panchayat as to roads, bridges, etc. All village roads and bridges thereon, cart tracks, drain, well and other public places in the Panchayat area not being private property and not being under the control or management of Zilla Panchayat, or Municipal Council, or the Government shall vest in the Panchayat and the Panchayat may do all things necessary for the maintenance and repair thereof, and may,

(a) layout and make new roads;

(b) construct new bridges;

(d) with the previous sanction of the Zilla Panchayat divert, discontinue or close any road or bridge; and

(e) deepen or otherwise improve any water way:

Provided that no road or bridge shall be diverted, discontinued or closed before the Panchayat publishes its intention of doing so and calls for objections and obtains the approval of the Zilla Panchayat to which a copy of the resolution of the Panchayat and

the objections thereto shall be forwarded.

Delete

66. Regulation of the erection of buildings (1) Subject to such rules as may be prescribed, no person shall erect any building or alter or add to any existing building or reconstruct any building without the written permission of the Panchayat. The permission may be granted on payment of such fees as may be prescribed.

66. Regulation of the erection of buildings (1) Subject to such rules as may be prescribed by Gram Sabha, no person shall erect any building or alter or add to any existing building or reconstruct any building without the written permission of the Panchayat Secretary. The permission may be granted on payment of such fees as may be prescribed by Gram Sabha.

(2) If a Panchayat does not, within thirty days from the date of receipt ofapplication, determine whether such permission should be given or not and communicate its decision to the applicant, the applicant may file an appeal within thirty days from the date of expiry of aforesaid period, to the Deputy Director who shall dispose of the same within thirty days from the date of filings of such appeal. If the Deputy Director fails to dispose of the appeal within thirty days, such permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

(2) Panchayat Secretary shall communicate decision within 30 days of receipt of application, falining which the applicant could raise that issue in next Gram Sabha meeting, where Panchayat Secretary will also have to explain reasons for delay.

(3) Whenever any building is erected, added to or reconstructed without such permission or in any manner contrary to the rules prescribed under sub-section (1) or any conditions imposed by the permission granted, the Panchayat may,

(a) direct that the building, alteration or addition be stopped; or

(b) by written notice require within a reasonable period to be" speci-fied therein, such building alteration or addition to be altered or demolished.

(a) direct that the building, alteration or addition be stopped; or

(b) by written notice require within a reasonable period to be specified therein, such building alteration or addition to be altered or demolished.

(4) In the event of non-compliance with terms of any notice under clause (b) of subsection (3) within the period specified in the notice, it shall be lawful for the Panchayat to take such, action as may be necessary for the completion of the act thereby required to be done, and. all the expenses therein incurred by the Panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable as if it were a tax imposed under this Act.

(4) In the event of non-compliance with terms of any notice under clause (b) of subsection (3) within the period specified in the notice, it shall be lawful for the Panchayat Secretary to take such action as is prescribed by Gram Sabha to be taken in such situations.

(5) Where the Panchayat fails to demolish the building which is erected, added to or reconstructed without the permission of the Panchayat, or in any manner contrary to the rules made under the Act or any conditions imposed in the permission, within a month from the date of knowledge, the deputy director shall assume the powers of the Panchayat under sub sections (3), (4), and (5) and take such steps as may be necessary for the demolition of the building.

(5) Where the Panchayat Secretary fails to demolish the building which is erected, added to or reconstructed without the permission, or in any manner contrary to the rules made under the Act or any conditions imposed in the permission, the Gram Sabha may issue necessary directions to the person in violation and also to the Panchayat Secretary.

(6) Notwithstanding anything contained in the foregoing provisions, the Block development officer concerned may, by notice addressed to the person responsible, stop any construction which is being constructed in violation of the provisions of the act or rules or bye laws made thereunder and refer the case to the deputy director of Panchayat. On receipt of the notice, such person shall forthwith stop the same.

Delete

(7) An appeal shall lie to the Director, within a period of thrity days from any order of direction or notice issued under any of the provisions of this section and the decision of the director on such appeal shall be final.

Explanation: For the purpose of this section, failure to communicate the decision by the Panchayat under Sub Section (2) and failure to demolish the building under sub section (3) and (4) shall be deemed to be remiss in the performance of duties of the Panchayat.

Delete

67. Power of Government to prohibit and regulate the erection of building in certain areas without permission.-(1) Not withstanding anything contained in section 66 the Government may, in the interest of the general public and after consulting the Panchayat concerned, prohibit by notification the erection of any building within a specified area within the jurisdiction of a Panchayat except with the permission granted by the Government or any officer authorized by the Government in this behalf (hereinafter in this section referred to as the "authorized officer"):

Provided that such prohibition shall not be made in respect of land which has been set apart as a building site by the Government or the Panchayat prior to the date of such notification.

Delete

(3) The Government may publish a development plan in respect of the area notified under sub-section (1) after following such procedure as may be prescribed, and on the publication in such plan, no building shall be erected or constructed in such area except in accordance with the specifications and conditions specified in such development plan.

Delete

(4) Whoever erects any buildings contrary to the provisions of sub-section (2) or (3) shall, on conviction, be punished with fine, which may extend to five thousand rupees.

Delete

(5) The Government or the authorized officer, as the case may be, may demolish any building erected contrary to the provisions of sub-section (1) or (3) or in violation of the conditions imposed under sub-section (2).

Delete

(2) Subject to the provisions of sub-section (3), the grant of any permission under subsection (1) may be subject to such conditions as may be imposed by the Government or the authorized officer in each case or specified generally.

Delete

68. Permission for the construction of factories and the installation of machinery.-(1) No person shall, without the permission of the Panchayat and except in accordance with the condition specified in such permission,

(a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power; or other mechanical power or electrical power; or

(b) install in any premises, any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by rules made by the Government under this Act.

68. Permission for the construction of factories and the installation of machinery.-(1) No person shall, without the permission of the Gram Sabha and except in accordance with the condition specified in such permission,

(a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power; or other mechanical power or electrical power; or

(b) install in any premises, any machinery or manufacturing plant driven by any power as aforesaid.

(2) The provisions of sub-sections (2), (3), (4), (5), (6) and Explanation to section 66 of the Act shall apply mutatis mutandis, to this section.

69. Prohibition of offensive or dangerous trades without Licence.-No place within the jurisdiction of Panchayat shall be used for the purpose of any trade, business or industry which the Government may, by notification declare to be offensive or dangerous, except under a licence granted or renewed by the Panchayat and subject to such conditions as may be imposed in the licence.

69. Prohibition of offensive or dangerous trades without Licence.-No place within the jurisdiction of Panchayat shall be used for the purpose of any trade, business or industry which the Gram Sabha may, by notification declare to be offensive or dangerous, except under a licence granted or renewed by the Gram Sabha and subject to such conditions as may be imposed in the licence.

70. Control of hotels etc.-No place within the jurisdiction of a Panchayat shall be used as a hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government), or a dharmashala or for manufacturing ice or aerated water except under a licence granted or renewed by the Panchayat and except in accordance with condition specified therein.

70. Control of hotels etc.-No place within the jurisdiction of a Panchayat shall be used as a hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house, or a dharmashala or for manufacturing ice or aerated water except under a licence granted or renewed by the Gram Sabha and except in accordance with condition specified therein.

71. Licensing of shops.-No place within the jurisdiction of a Panchayat shall be used as a shop whether permanently or temporarily, except under a licence granted or renewed by the Panchayat and except in accordance with the co~ditions specified therein.

71. Licensing of shops.-No place within the jurisdiction of a Panchayat shall be used as a shop whether permanently or temporarily, except under a licence granted or renewed by the Gram Sabha and except in accordance with the conditions specified therein.

72. Provisions applicable to permission and licences.-(1) A permission shall be granted under section 68 and the licence under sections 69, 70 and 71 shall be granted or renewed, only on payment in advance of such fee as may be prescribed.

(2) The Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 68 or to grant or renew a licence or suspend or cancel a licence granted or renewed, under sections 69, 70 and 71 for default of any of the conditions subject to which the licence was granted.

(2) The Gram Sabha may, after publicly hearing all affected parties and important witnesses, refuse to grant the permission under section 68 or to grant or renew a licence or suspend or cancel a licence granted or renewed, under sections 69, 70 and 71 for default of any of the conditions subject to which the licence was granted.

(3) Any person aggrieved by the refusal to grant permission under section 68 or to grant or renew licence, or by the suspension or cancellation of a licence under sub-section

(2) may, within thirty days of the date of communication of the order, appeal to the Director and his decision on such appeal shall be final.

Delete

73. Obstructions and encroachments upon public streets and open sites.

(1) Whoever not being duly authorized in this behalf within limits of a Panchayat area,

(a) have built or set up, or shall build or set up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or other encroachment or obstruction; or

(b) deposit or cause to be placed or deposited any box, bale, package, or merchandise, or any other thing in any public street or place or in or over or upon any open drain, gutter, sewer or aquaduct in such street or places;

shall, on conviction, be punished with fine which may extend to five hundred rupees and with further fine which may extend to ten rupees for every day on which such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.

(2) The Panchayat shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorized obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the Panchayat or not. The expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable as if it were a tax

imposed under this Act.

(2) The Panchayat Secretary, after seeking approval from Gram Sabha, shall have a duty to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorized obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the Panchayat or not. The expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable as if it were a tax imposed under this Act.

(3) Whoever, not being duly authorized in that behalf, removes earth, sand other than sand used for domestic purpose by residents of the Panchayat area or other materials from, or makes any encroachment in or upon any open site which is not private property shall, on conviction, be punished with fine which may extend to five hundred rupees, and

(i) in the case of an encroachment, with further fine which may extend to ten rupees for every day on which the encroachment continues after the date of first conviction;

(ii) in the case of removal of earth, sand or other materials, twice the value of such earth, sand or other material shall also be recoverable as a fine.

(4) Nothing contained in this section shall prevent the Panchayat from allowing any temporary occupation of or erection in any public street on occasions of festivals and ceremonies or the piling of fuel in by-streets and sites in such manner as not to inconvenience the public or any individual.

74. Transfer of any work or institutions to panchayat.-The Government may entrust to the Panchayat, the execution, maintenance or repair of any work or the management of any institution on behalf of the Government or any local authority:

Provided that the funds necessary for the execution, maintenance or repair of the work or the management of the institution shall be placed at the disposal of the Panchayat by the Government or such local authority.

74. Transfer of any work or institutions to panchayat.-The Government may entrust to the Gram Sabha, the execution, maintenance or repair of any work or the management of any institution on behalf of the Government or any local authority:

Provided that the funds necessary for the execution, maintenance or repair of the work or the management of the institution shall be placed at the disposal of the Gram Sabha by the Government or such local authority.

75. Power to name streets and number buildings.-(1) The Panchayat may cause a name to be given to any street and may also cause a number to be affixed to any building or part of a building and -may, from time to time, cause such name and number to be altered.

75. Power to name streets and number buildings.-(1) The Gram Sabha may cause a name to be given to any street and may also cause a number to be affixed to any building or part of a building and may, from time to time, cause such name and number to be altered.

(2) No person shall destroy, remove, deface or in any way injure or alter any such name or number or put up or paint any name or number different from that put up or painted by the order of the Panchayat.

Delete

(3) Any person who destroy, removes, injures, alters or defaces any such name or number or puts any name or number different from that put up by order of the Panchayat and any owner of any premises who does not at his own expense keep such number in good order after it has been put up shall, on conviction, be punished with fine which may extend to one hundred rupees.

Delete

76. Removal of structures, trees, etc., which are in ruins or likely to fall - (1) If it appears at any time to the Panchayat that any building, or any part thereof or any tree or branch of a tree is in a ruinous state or is likely to fall or is in any other way dangerous to any person occupying, resorting to or passing by such building or the part thereof, or the tree or the branch of the tree, the Panchayat may by written notice require the owner or occupier of such building or tree, as the case may be,

(i) to pull down, lop or cut down; or

(ii) to secure; or

(iii) to remove; or

(iv) to repair;

such building or part of it or the tree or the branch of the tre('1, as the case may be, and to prevent all causes ofdanger therefrom.

Delete

(2) If it appears to the Panchayat that the danger from a building or tree which is ruinous or about to fall is imminent, it may, before the period ofnotice expires, fence off, pull down, lop or cut down, secure or repair the said building or tree, as the case may be, or take such steps as may be required to arrest danger.

Delete

(3) Any expenses incurred by the Panchayat in this behalf may be recovered from the owner or occupier of the building or tree, as the case may be, as if it was a tax imposed under this Act.

Delete

(4) The Panchayat shall issue a notice under sub-section (1) after giving the owner or occupier, as the case may be, a reasonable opportunity of stating any objection, adducing evidence, if any and after being satisfied that the objection, which is raised, is. invalid or insufficient.

Delete

77. Power as to sanitation, conservancy and drainage.-(I) If it appears necessary to improve the sanitary condition of any area within its jurisdiction, a Panchayat may by written notice, require within a reasonable period to be specified therein,

(i) the owner or occupier of any building or any hut or the owner of any privy to remove such hut or privy either wholly or in part;

(ii) the owner or the occupier of any building to construct private drains thereof or to alter or to remove private drains thereof;

(iii) the owner or occupier of any land or building which needs to be cleansed, to cause the same to be cleansed to the satisfaction of the Panchayat;

(iv) the owner or occupier of any land or building which contains a well, pool, ditch, pit, pond, tank, or any place containing or used for the collection of any drainage, .filth or stagnant water, which is injurious to health or offensive to the neighbourhood or is otherwise a source of nuisance, to cause the same to be filled up, cleansed or deepened or to cause the water to be removed therefrom or drained off to take such other action therewith, as may be deemed necessary by the Panchayat;

(v) the owner or occupier of any land overgrown with vegetation, undergrowth, prickly pear, or jungle, which is in any manner injurious to health or dangerous to the public or offensive to the neighbourhood or an impediment to efficient ventilation, to cause it to be cleared of the vegetation, undergrowth, prickly pear or jungle.

Delete

(2) If any work required by a notice under sub-section (1) is not executed within the period specified in the notice, the Panchayat may itself cause such work to be carried out and may recover the cost of such work or part thereof from the owner or occupier referred to in sub-section (I) as if it were a tax imposed under this Act.

Delete

78. Contribution from persons having control over places of pilgrimage, etc. (1)

Where a church, mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs, or festivals or for other like purposes is situated within the limits of a Panchayat or in the neighbourhood thereof and attracts either throughout the year or on particular occasion a large number of persons, any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the Panchayat. The Panchayat may after providing sufficient opportunity to the person or persons having control over such place require him or them to make such recurring or non-recurring contribution to the funds of the Panchayat as he may determine in such manner as may be prescribed.

Delete

(2) A person required to make a contribution under sub-section (1) may appeal to the prescribed authority against any determination made by the Panchayat.

Delete

(3) Any contribution directed to be paid under sub-section (1) shall be recoverable as an arrear of land revenue.

from the date of the knowledge, the Deputy Director shall assume the powers of the Panchayat under sub-sections (3), (4) and (5) and take such steps as may be necessary for the demolition of such building.

Delete

79. Power for providing adequate water supply.-(1)For providing the area under its control or any part thereof with a supply of water pure and sufficient for public and private purposes, the Panchayat may,

(a) construct, repair and maintain tanks or wells and clear stream or water courses;

(b) purchase or acquire by gift or otherwise any tank, well, stream or water course, or any right to take or convey water within or without the area under its control;

(c) with the consent of the owner thereof utilize, cleanse or repair any tank, well, stream or water course or provide facilities for obtaining water therefrom;

(d) contract with any person for supply of water; or

(e) do any other act for carrying out the purpose of this section.

Delete

(2) The Panchayat may, by order published at such place as it may think fit, set apart for the supply of water to the public for drinking or culinary purpose, any tank, well, stream or water course in respect of which action has been taken under clause (a) or (b) or

(c) of sub-section (l) subject to any rights which the owner referred to in clause (c) of sub-section (1) may retain with the consent of the Panchayat.

Delete

(3) The Panchayat may, by order published at such place as it may think fit, prohibit,

(a) bathing, washing of clothes and animals or other acts likely to pollute the water of any tank, well, stream or water course set apart for drinking or culinary purpose under sub-section (2); and

(b) the use of any source of water supply for drinking or culinary purposes or for the washing of clothes during epidemics.

Delete

80. Power of Panchayat to make bye-laws regarding provisions of water supply.Subject to such rules as the Government may make in this behalf, a Panchayat may make bye-laws for conserving and preventing injury to sources and means for water supply and appliances for the distribution of water whether within or without the limits of the Panchayat, and for regulating all matters connected with the supply and use of water, and turning on, or turning off, and preventing the waste of water, and construction, maintenance and control of Panchayat water works and pipes and fittings in connection there~ith whether the property is of the Panchayat or not.

Delete

81. Appointment of Joint Committee.-(1) Panchayat may, and if so required by the Zilla Panchayat shall, join with one or more than one other local authority or statutory body for any purpose in which they are jointly interested or for any matter for which they are jointly responsible and mayor shall constitute, as the case may be a joint committee to be in charge of the work.

81. 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 Gram sabhas individually. The joint meeting shall be competent to take all actions including setting up of any committees, if needed to fulfill their joint objectives.

(2) The joint committee, may include persons who are not members· of the local authorities or statutory bodies concerned but who may in their opinion possess special qualifications or special interest for serving on such Committee:

Provided that the number of such persons on the Committee shall not exceed one third of the total number of members of the joint committee;

Delete

(3) The constitution of a joint committee and its proceedings shall be governed by regulations made by the Zilla Panchayat.

Delete

(4) Without prejudice to the generality of the power to make regulations under subsection (3) such regulations may provide for the following matters, namely:

(a) the total number of members on the Committee;

(b) the number of members to be appointed under sub-section (2), if any;

(d) the term of office;

(e) the power of the Committee which shall not be in excess of the powers which can be exercised by the local authorities or statutory bodies concerned; .

(t) the provision of funds to and the administration of funds by the joint committee;

(g) the procedure of the joint committee.

Delete

(5) The joint committee may be dissolved after serving the purpose for which it was constituted.

Delete

(6) The Zilla Panchayat may issue such direction as it thinks necessary in regard to the distribution of its assets and liabilities when the Committee is dissolved.

Delete

82. Power of entry.-Any officer or servant of a Panchayat may enter into or upon any building or land with or without assistants or workmen, in order to make any inspection or execute any work for any of the purposes of this Act:

Provided that

(a) no such entry shall be made between sunset and sunrise;

(b) unless the entry be with the consent of its occupier, no dwelling house shall be so entered without giving reasonable previous notice signed by the Sarpanch or by a person duly authorised by him in this behalf of the intention to make such entry; and

(c) due regard shall be had in making such entry to the social and religious usages of the occupants of the premises entered;

Delete

83. Filthy buildings, etc.-Whoever, being the owner or occupier of any building or land, whether tenantable or otherwise, suffers the same to be in. a filthy or unwholesome state, or in the opinion of the Panchayat is a nuisance to persons residing in the neighbourhood or overgrown with prickly pear or vegetation, and who shall not, within a reasonable time after notice in writing from any person authorized by the Panchayat in this behalf to cleanse, clear or otherwise put the same in a proper state, have complied with the requisition contained in such notice, shall on conviction, be punished with fine which may extend to one hundred rupees and if the offence be a continuing one with fUl1her fine which may extend to five rupees for every day during which the said offence is continued after the date of the first conviction.

Delete

84. Powers and duties in regard to sources of water supply.-The Secretary or any officer authorized by the Panchayat in this behalf may at any time by written notice require that the owner or any person who has control over any well, stream, channel, tank, or other source of water supply shall, whether it is private property or not,

(a) if the water is used for drinking,

(i) keep and maintain any such source of water supply other than a stream, in good repair; or

(ii) within a reasonable time to be specified in the notice, cleanse any such source of water supply from silt, refuse and decaying vegetation; or

(iii) in such manner as the Panchayat may direct, protect any such source of water supply from pollution by surface drainage; or

(iv) desist from using and from permitting others to use for drinking purposes any such sources of water supply, which not being a stream in its natural flow, is in the opinion of the Panchayat unfit for drinking; or

(v) if notwithstanding any such notice under sub-clause (iv), such use continues and cannot, in the opinion of the Panchayat, be otherwise prevented, close either temporarily or permanently, or fill up or enclose or fence in such manner as the Panchayat considers sufficient to prevent such use, such source of water supply; or

(vi) drain off or otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Panchayat considers as injurious to health or offensive to the neighbourhood;

(b) within twenty four hours of such notice, repair, protect or enclose in such manner as the Panchayat may direct or approve any source of water supply, whether used for drinking purposes or not, other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure such source of water supply is, in the opinion of the Panchayat, dangerous to the health or safety of the public or of any persons having occasion to use or to pass by or approach the same.

Delete

85. Remedy for non-compliance with directions issued.-If the owner or the person having control as aforesaid fails or neglects to comply with any such requisition within the time required by or under the provisions of section 84, the Panchayat may, and, if in the opinion of the Secretary immediate action is necessary to protect the health or safety, of any person, he shall at once, proceed to execute the work required by such notice, and all the expenses incurred thereon shall be paid by the owner, or person, having control over such source of water supply, and shall be recovered in the same manner as an amount claimed on account of any tax recoverable under this Act:

Provided that in the case of any well or private stream or any private channel, tank or other source of water supply the water of which is used by the public or by any section of the public as of right, the expenses incurred by such owner or the person having control may, if the Panchayat so directs, be paid from the Panchayat fund.

Delete

86. Power to set apart public springs, etc., for certain purposes.-The Panchayat may by public notice which shall be put up at the spring, tank, or other places concerned and otherwise as required by this Act, set apart public springs, tanks, wells and other places and parts of public water sources for drinking purposes or for bathing or for convenience of the inhabitants, and with the consent of the owners, may also set apart any private springs, tanks, wells or other places for any of the aforesaid purposes.

Delete

87. Power to prohibit use of water from certain sources.-The Panchayat may, during epidemics on receipt of a certificate from any medical officer of the Government stating that such action is desirable, summarily hy notice prohibit the use of water from any source to which the public have access. Such notice shall be served by putting up a copy thereof near the source of water supply stating the number of days during which such prohibition shall last. The Panchayat may from time to time extend or modify the period of prohibition without the production of a further certificate;

Delete

4 comments:

Sanjay BarveOctober 20, 2010 at 10:30 AM
गावामधील कोणत्याही उपक्रमाबाबत निर्णय घेण्याचा अधिकार गावातील लोकांनाच असला पाहीजे, अन हे होण्यासाठी दर महीन्याला एक तरी या प्रमाणे ग्रामसभा भरवल्या गेल्या पाहीजेत व निर्णय त्या सभेमार्फत झाले पाहीजेत. प्रत्येक गावाला स्वःताचा रस्ता स्वःता निवडण्याचा अधिकार यामुळे प्राप्त होणार आहे.
Sanjay Vinayak BarveOctober 20, 2010 at 10:39 AM
गावामधील कोणत्याही उपक्रमाबाबत निर्णय घेण्याचा अधिकार गावातील लोकांनाच असला पाहीजे, अन हे होण्यासाठी दर महीन्याला एक तरी या प्रमाणे ग्रामसभा भरवल्या गेल्या पाहीजेत व निर्णय त्या सभेमार्फत झाले पाहीजेत. प्रत्येक गावाला स्वःताचा रस्ता स्वःता निवडण्याचा अधिकार यामुळे प्राप्त होणार आहे.
Sanjay Vinayak BarveOctober 20, 2010 at 10:51 AM
गावामधील कोणत्याही उपक्रमाबाबत निर्णय घेण्याचा अधिकार गावातील लोकांनाच असला पाहीजे, अन हे होण्यासाठी दर महीन्याला एक तरी या प्रमाणे ग्रामसभा भरवल्या गेल्या पाहीजेत व निर्णय त्या सभेमार्फत झाले पाहीजेत. प्रत्येक गावाला स्वःताचा रस्ता स्वःता निवडण्याचा अधिकार यामुळे प्राप्त होणार आहे, अन त्या निर्णयामुळे होणार्‍या बर्‍या वाईट परीणामांबाबत त्यांना कोणालाही दोष देता येणार नाही.
Sanjay Vinayak BarveOctober 21, 2010 at 9:25 AM
गावात जर एखादी योजना, फॅक्टरी, बार, दुकान किंवा इतर बर्‍याच बाबतीचे निर्णय हे गावातील लोकच ठरवतील, त्याची अंमलबजावणी कशी करता येईल या बद्दलचे धोरण गावकरीच ठरवतील.

ग्रामसभा त्या गावा संबंधी प्रत्यक्ष किंवा अप्रत्यक्ष संदर्भातील माहीती राज्य सरकार, जिल्हा, तालूका पातळीवरील कार्यालयांकडे मागणी करु शकते, माहीती न मीळाल्यास त्यांच्या कडून दंडही आकरु शकते.

गावा होणार्‍या कोणत्याही कामाबाबतीतील देय ग्रामसभेच्या मंजूरीशिवाय करता येणार नाही, जर ग्रामसभेला वाटले की काम योग्य तर्‍हेने चालले नाही तर त्याची देय रक्कम ग्रामसभा रोखूही शकते, अन त्या कंत्रटदाराला दंडही करु शकते.
जरुरी वाटल्यास ग्रामसभा गावातील सरकारी रेशन दुकानदाराचे मंत्राट रद्दही करु शकते.
जर सरपंच चांगले काम करीत नसेल तर त्या सरपंचाला परत बोलावण्याचे अधीकार ग्रामसभेला असतील, आणि त्या निर्णयाची अंमलबजावणी त्वरीत केली जाईल.
खाण उद्योग किंवा छोटे मोठे उद्योग ज्यांचा गावावर दुरगामी परीणाम होउ शकतो तो व्हावा की नाही हे ग्रमसभा ठरवेल
हे आणि असे बरेचसे अधीकार या मसुद्यामर्फत गावकर्‍यांना प्राप्त होणार आहे.

Model Goa Panchayat Raj Act

Goa Law Commission organises Arvind Kejriwal 's Presentation

Monday, September 6, 2010

4 comments:

Followers

Blog Archive