|     New Section  |        113E   Audit.   — (1) The audit of the   accounts of a Gram Panchayat shall be carried out by the authority as may be   prescribed by the Government and a copy of the audit report shall be   forwarded to the Gram Panchayat within one month of the completion of the   audit.  |   
|     |        (2) On receipt of the audit   report referred to in sub-section (1), the Gram Panchayat shall present it to   a specially convened Gram Sabha meeting, which shall discuss each of the   defects or irregularities pointed out in the said report. Gram Sabha shall   decide action to be taken on each points, which could include fixing of   responsibility and proceeding against some employee of Gram Sabha. A report   of action taken shall be available at Panchayat office for anyone’s perusal.   |   
|     |        (3) Apart from audit   conducted by the prescribed authority mentioned in sub-section (1) above,   concurrent audit or special audit may be directed by Gram Sabha from time to   time.   |   
|     CHAPTER IV Staff of   Panchayats   |        CHAPTER IV  Gram   Sabha Secretariat  |   
|     113.   Secretary.-(1)   Every Panchayat shall have a whole time Secretary who shall be an officer of   the Government, and shall draw his salary and allowances from the Panchayat   Fund.   |        Delete  |   
|     (2) The Secretary shall perform all the duties   and exercise all the powers imposed or conferred upon him by or under this   Act or any rules or bye-laws made thereunder.   |        |   
|     |        (3) 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.  (4) 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.  (5)  Panchayat secretary or any other employee,   for whom gram sabha is the appointing authority, can be removed by Gram   Sabha. (6)    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.  |   
|     113_A. Duties, powers and responsibilities of Panchayat Secretary.Notwithstanding   anything contained in this Act and the rules framed thereunder, the Panchayat   Secretary shall also exercise and perform the below mentioned duties and   shall  be responsible for omissions in such duties: (i)                  attend every meeting of the Panchayat including Gram Sabha   meeting, unless he is precluded from attending the meeting due to unavoidable   circumstance;   |        113A. Executive   Powers and Functions of Panchayat Secretary:  (i)    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.  |   
|     (ii)                write the proceeding of every meeting in the minutes book;     |        (ii)   Record and maintain the Gram Sabha and Panchayat minutes.  |   
|     (iii) place all the   correspondence received by him, specially various schemes of the Government,   instructions issued by the Director and other authorities (except those of   confidential nature) before the Sarpanch and also for the information of all   members during the meeting;   |        (iii) place all the correspondence received by   him, with the government or any other agency before the Sarpanch and present   it in the Gram Sabha.   |   
|     (iv) receive all   correspondence, scrutinize the same and dispose off after having satisfied   that the same are complete in all respects;   |        Delete  |   
|               (v) finalize the agenda of every meeting in consultation with the   Sarpanch;   |        (v) Prepare the agenda of the Gram sabha meeting in   accordance with Section 5 (6) b of this Act.  |   
|     (vi) report within   seven days to the Block Development Officer any vacancy in the office of the   Sarpanch or Deputy Sarpanch or a member caused due to death, resignation or continuous   absence for more than three consecutive ordinary meeting of the Panchayat;   |        Delete  |   
|     (vii) report to the   Block Development Officer any illegal act or misconduct or misuse or abuse of   powers any infringement of the provisions of this Act by the Sarpanch or   Deputy Sarpanch or the members of the Panchayat as soon as the same comes to   his knowledge;   |        Delete  |   
|     (viii) report, as soon   as possible, to the Block Development Officer, if any member of the Panchayat   attracts disqualification under section 10 of this Act;   |        Delete  |   
|     (ix) maintain all the   registers prescribed under various Rules and other Registers as may be   directed by the Block Development Officer;   |        (ix) maintain all the   registers prescribed under various Rules of this act;   |   
|     (x) responsible for safe custody of Panchayat funds, assets   of Panchayat and all the Registers maintained by the Panchayat;   |        (r)   He/she shall be custodian of all gram sabha records.  |   
|     (xi) comply with the instruction issued by the   Block Development Officers and superior authorities from time to time;   |        Delete  |   
|     (xii) maintain cordial   relations with the elected representative;   |        Delete  |   
|     (xiii) ensure that the   grants released by the Government under Grant-in-Aid for specific purpose is   not spent by the Panchayat for any purpose other than the purpose for which   it is sanctioned.   |        Delete  |   
|     |        (xiv )To issue certificates of residence, income,   caste and recommend names for inclusion in voters list.  |   
|     |        (xv) Such other functions as may be entrusted   upon him/her by the Gram sabha.  |   
|     |        (xvi)recommend or not,   the sanction of any kind of leave to all the officers and employees of the   Panchayat including the Gram Sevak;   |   
|     |        (xvii) place all the   correspondence received from the Government, Director, Chief Executive   Officer, before the meeting of the Panchayat;   |   
|     |        (xviii) hold regular Gram   Sabha and other meetings of the Panchayat;   |   
|     |        |   
|     |        (xiv) recover the tax, fees   and other dues from the defaulters of the Panchayat;   |   
|     |        (xv) 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 before next   Gram Sabha and seek its directions;   |   
|     |        (k) remove encroachment and   obstruction upon public property, street, drains and open sites not being private   property ;   |   
|     113-B. Duties and functions of Gram Sevak.-The Gram Sevak shall   perform the duties and functions entrusted to him from time to time by the   Block Development Officer or the Director."].   |        Delete  |   
|     114. Staffing pattern and schedule of employees.-The   Government may, by order, specify the staffing pattern, the scales of pay and   mode of recruitment of staff of Panchayats. .   |        Delete  |   
|     115. Appointment and control of employees.-(1)   Subject to the provisions of section 113 and 114, the Panchayat may, with the   prior approval of the Chief Executive Officer, appoint other employees of the   Panchayat and pay their salaries from the Panchayat Fund:  Provided   that in making appointments, the appointing authority shall reserve posts for   the Scheduled Castes, the Scheduled Tribes and other socially and   educationally Backward Classes of citizens in the same manner and to the same   extent as is applicable for the recruitment to posts in the State Civil   Services.   |        115. Appointment of employees.-(1)   The Gram Sabha may appoint other employees of the Panchayat and pay their   salaries from the Panchayat Fund. Gram sabha may from time to time engage   such number of paid or honorary functionaries or professionals as may be   required by it for carrying out its functions including teachers, doctors etc  |   
|     (2) The Secretary may, with   the approval of the Panchayat by order, fine, suspend or withhold, the   increment of any employee appointed by the Panchayat.   |        Delete  |   
|     (3) The Panchayat may reduce   in rank, remove or dismiss any employee appointed by it.   |        Delete  |   
|     (4) An appeal shall lie against an order passed by the   Secretary under sub-section (2) and against an order passed by the Panchayat   under sub-section (3), to the Chief Executive Officer whose decision shall be   final.   |        Delete  |   
|     New   Section  |        115A Control Over Employees: (1) There would be two   sets of employees: (a)   Those which are directly appointed by Gram Sabha, Panchayat Taluka or Zilla   Panchayat.  (b)   Those which are appointed by the state Government but have been transferred   to Gram Sabha, Panchayat Taluka or Zilla Panchayat. These employees, on being   transferred shall become permanent employees of that Panchayat, Panchayat   Taluka or Zilla Panchayat, as the case mey be. As and when these employees   retire, fresh recruitments would henceforth be done by Gram Sabha, Panchayat   Taluka or Zilla Panchayat, as the case may be. (2) Gram Sabha shall have the power to summon any official   working at village, block or district level. If there is any dissatisfaction   with the performance of any such officer, the Gram Sabha can take following   steps: (i)   Summon that official to the Gram Sabha meeting and seek his explanation. (ii) If   the explanation is not satisfactory, Gram Sabha may direct its Panchayat   Secretary to issue a written reprimand, which will be included in the ACR of   the erring official. (iii)   Gram Sabha may decide to temporarily withhold the salary of an official, if   the salary is paid by Gram Sabha or Gram Sabha may direct Panchayat Taluka or   Zilla Panchayat to withhold the salary of such official, for the time being,   till he/she mends his/her conduct. Panchayat Taluka or Zilla Panchayat, to   whom the directions have been issued, shall implement those decisions   immediately. (iv)   Should the conduct continue to be unsatisfactory, Gram Sabha may next decide   to impose a financial penalty on the erring official after hearing him. (v)   Lastly, if Gram Sabha is the appointing authority, it may decide to sack that   official.  |   
|     CHAPTER   IV A  Constitution   of Taluka Panchayats   |        |   
|     115-A. Establishment of Taluka Panchayat and   its incorporation.-(1)   For each Taluka. there shall be a Taluka Panchayat having jurisdiction over   the entire Taiuka excluding such portions of the Taluka as are included in a   Municipal Council constituted under the Goa Municipalities Act, 1968 (Act   No.7 of 1969).   |        |   
|     (2)   Every Taluka Panchayat shall be a body corporate by the name specified by the   Government in this behalf, and shall have perpetual succession and a common   seal and may by the said name sue or be sued through its corporate name   subject to such restrictions as are imposed by or under this or any other   enactment, and shall have power to acquire, hold and dispose of any property,   movable or immovable, whether without or within limits of the area over which   it has jurisdiction and to enter into contracts and of doing all things   necessary proper and expedient for the purpose for which it is constituted.   |        |   
|     |        Duration of Panchayat   Taluka – (1)   Every Panchayat Taluka, save as otherwise provided in this Ordinance, shall   continue for a term of five years from the date appointed for its first   meeting and no longer.  |   
|     115-B. Composition of Taluka Panchayats.-(I) Save as   otherwise provided by this Act, every Taluka Panchayat shall consist of-   |        |   
|     (i)          one member each elected by the voters from every Village   Panchayat;  |        Delete  |   
|     (ii)      members of the House   of the People and the members of the Council of States who are registered as   electors within the Taluka;   |        |   
|     (iii)    the members of the   State Legislative Assembly who are registered as electors within the Taluka;   |        |   
|     (iv)    Sarpanch of Panchayats   in each Taluka elected from amongst themselves in the ratio of one Sarpanch   for a Taluka having upto 15 Panchayats and two Sarpanchas for a Taluka having   more than 15 Panchayats, so long as he continues to be the Sarpanch of the   Panchayat;   |        (iv)All   the Sarpanches of the Gram Panchayats falling within the Taluka Panchayat   area.  |   
|     (v)      the Block Development   Officer of the respective Block /Taluka shall be the Member-Secretary of the   Taluka Panchayat:  Provided   that no such member shall be a Minister or the Speaker or the Deputy Speaker   of the Legislative Assembly or the Leader of Opposition or Adhyaksha or   Upadhyaksha of Zilla Panchayat or a member of Zilla Panchayat.   |        Delete  |   
|     (2) If any member of the   Taluka Panchayat is elected as a Member of the Village Panchayat or Zilla   Panchayat, he shall exercise option to retain the membership of the Village   Panchayat or the Taluka Panchayat or the Zilla Panchayat within 10 days of   his election failing which he shall cease to be a member of thc Taluka   Pancliayat.   |        Delete  |   
|     (3) Members falling in the category in clauses (ii), (iii),   (iv) and (v) of sub-section (1) shall have no right to be elected as   Chairperson or Vice-Chairperson as the case may be.   |        (3) Members falling in the category in clauses (ii), (iii),   of sub-section (1) shall have no right to be elected as Chairperson or   Vice-Chairperson as the case may be.   |   
|     115-C. Reservation of seats.-The reservation of   seats as applicable for an election to the Panchayat under the provisions of   sub-sections (4), (5) and (6) of section 7 shall, mutatis-lIlutandis, apply   to the election of members referred to in clause (i) of sub-section (1) of   section 115-B.   |        Delete  |   
|     l15-D. Territorial Constituencies of Taluka   Panchayats.-The   Panchayat as notified by the Government under section 7 of the Act, shall be   a single territorial Constituency for the purpose of election to Taluka   Panchayat.   |        Delete  |   
|     115-E. List of voters.-The ward-wise list of   voters prepared under section 13 of the Act, shall form the voters list of   the respective Panchayat territorial Constituencies.   |        Delete  |   
|     l15-F. Right to vote.-(1) Every person   whose name is in the list of voters relating to a ward of Panchayat shall,   subject to the other provisions ofthe Act, be entitled to vote at any   election which takes place in that Panchayat territorial Constituency.   |        Delete  |   
|     (2) No person shall vote at   any election under this Act in more than one Panchayat territorial   Constituency or more than one in the same Panchayat territorial Constituency.     |        Delete  |   
|     l15-G. Qualification of a Candidate.-(1) A   person shall not be qualified to be chosen to fill a seat in a Taluka   Panchayat unless his name is included in the voters list of the Village   Panchayat territorial Constituency for the time being in force.   |        Delete  |   
|     (2) A person shall not be qualified to be chosen from a   territorial Constituency to fill a seat in a Taluka Panchayat in the case of   a seat reserved for women or backward classes, unless such person ilg a   member ofthese classes or is a woman.   |        Delete  |   
|     l15-H. Disqualification for members.-The provisions of   section 10 of the Act shall, mutatis mutandis, apply to the members of   the Taluka Panchayat subject, however, that the expression 'Panchayat'   wherever it appears in that section, shall be construed as a reference to   "Taluka Panchayat".   |        l15-H. Disqualification for members.-The provisions of   section 10 of the Act shall, mutatis mutandis, apply to the members of   the Taluka Panchayat subject, however, that the expression 'Panchayat'   wherever it appears in that section, shall be construed as a reference to   "Taluka Panchayat".  Provided that he/ she shall continue to remain a member of   the Zilla Panchayat until he/ she remains a Sarpanch of a Gram Panchayat   which comes in the taluka.   |   
|     l15-I. Vacation of seats by members.-The provisions of   sub-section (1) of section 12 shall, mutatis mutandis, apply to the   members of the Ta1uka Panchayat, subject, however, that the expression   'Panchayat', wherever it appears in that section, shall be construed as a   reference to "Taluka Panchayat".   |        l15-I. Vacation of seats by members.-(1)The provisions of   sub-section (1) of section 12 shall, mutatis mutandis, apply to the   members of the Ta1uka Panchayat, subject, however, that the expression   'Panchayat', wherever it appears in that section, shall be construed as a   reference to "Taluka Panchayat".  If the Taluka Panchayats thinks that any of the above   applies to any Taluka Panchayat member, then the Taluka Panchayat shall   inform the respective Gram Panchayat about these issues. The Gram Sabha of   the respective Panchayat shall then seek an explanation from the Sarpanch.   The Gram Sabha may then decide to either accept or reject the explanation. If   dissatisfied with the explanation, the Gram Sabha shall re-elect the   Sarpanch. In the mean time (before a new Sarpanch is re-elected), the Deputy   Sarpanch of the Gram Panchayat shall act as the member of the Taluka   Panchayat.  (2) The seat is automatically vacated if the   provisions of subsection (1) apply to any members falling in the category in   clauses (ii), (iii), of sub-section (1) of Section 115- B.  |   
|     115-J. Decision on question as to   disqualification and on vacation of seats by members.-If any question   arises as to whether a member of a Taluka Panchayat has become subject to any   disqualification referred to in section 115 H or in section 115 I, it shall   be decided by the State Election Commissioner whose decision thereon shall be   final.   |        115-J. Decision on question as to   disqualification and on vacation of seats by members.-If any question   arises as to whether a member of a Taluka Panchayat has become subject to any   disqualification referred to in sub- section (2) of section 115 I, it shall   be decided by the State Election Commissioner whose decision thereon shall be   final.   |   
|     l15-K. Application of   certain sections relating to elections.-(1) The provisions of sections 15 to   41,125 and 126 shall apply mutatis mutandis, in respect of election to   the Taluka Panchayats, subject, however, that the expressions 'Panchayat' or   'Zilla Panchayat', wherever they appear, shall be construed as a reference to   "Taluka Panchayat".   |        Delete  |   
|     2) The deposit as security for costs as provided under   section 16, so far as Taluka Panchayat is concerned, shall, be Rs. 1000/-.   |        Delete  |   
|     115-L. Publication of names of members, term   of office, resignation of members and casual vacancies.-The provisions of   section 128, 129, 130 and 132 shall, mutatis mutandis, apply in   respect' of all members of Taluka Panchayats, subject, however, that the   expressions "Zilla Panchayat" and "Adhyaksha", wherever   they appear in those sections, shall be construed as "Taluka   Panchayat" and "Chairperson" respectively.   |        Delete  |   
|     l15-M. Application of certain sections   relating to election of Chairperson or Vice-Chairperson and other matters.-The provisions of   sections 133, 135, 136, 137, 138, and 139 shall apply mutatis mutandis, in   respect of election of Chairperson or Vice-Chairperson and other matters of   Taluka Panchayats, subject, however, that the expressions "Zilla   Panchayat", "Chief Executive Officer", and   "Adhyaksha" or "Upadhyaksha", wherever they appear in   these sections, shall be construed as "Taluka Panchayat",   "Block Development Officer", "Chairperson" and   "Vice-Chairperson" respectively.   |        Delete  |   
|     115-N. Removal of Chairperson,   Vice-Chairperson or member for misconduct. (1) The Chairperson,   Vice-Chairperson or member of a Taluka Panchayat shall, after an opportunity   is afforded for hearing, be removable by an order passed by the State Election   Commissioner, on the ground of remiss in the discharge of duties or for any   disgraceful conduct or if he has become incapable or misuses or abuses the   power or exercise the powers which are not expressly vested in him by or   under the Act, Rules or bye-laws framed thereunder.   |        Delete  |   
|     (2) The Chairperson or Vice-Chairperson or member so   removed under sub-section (1) shall not be eligible for re-election for a   period not exceeding 5 years, as the State Election Commissioner may specify   in his order. The Chairperson or Vice-Chairperson removed from office may   also be removed from the membership by the State Election Commissioner for   such period as may be specified in his order.   |        Delete  |   
|     115-0.   Liability and accountability of members.-Any member who has held the Office of   Chairperson or Vice-Chairperson or as a Member of Taluka Panchayat at any   time and has committed any acts and misdeeds or any disgraceful conduct or   has caused monetary loss to the Taluka Panchayat or to the Government or   committed breach oftrust as a Chairperson or Vice-Chairperson or a member of   Taluka Panchayat, as the case may be, shall, on removal from such office by   the State Election Commissioner from the membership of the Taluka Panchayat,   be personally liable for the loss, waste or misapplication of any money or   other property of the Taluka Panchayat to which he has been a party and the   State Election Commissioner, after giving the Chairperson or Vice-Chairperson   or member concerned a reasonable opportunity for show cause to the contrary   shall, by order in writing, direct to such person to pay to the Government or   to the Taluka Panchayat, as the case may be, before a fixed date such amount   as deems fit.   |        Delete  |   
|     115-P. Salaries and   allowances to the Chairperson, Vice-Chairperson and other members.-(1) The salary and   allowances of the Chairperson and the Vice-Chairperson shall be payable from   the Taluka Panchayat funds.   |        115-P. Salaries and   allowances to the Chairperson, Vice-Chairperson and other members.-(1) The salary and   allowances of the Chairperson, Vice-Chairperson and members shall be payable   from the Taluka Panchayat funds.   |   
|     (2) Every member of a   Taluka Panchayat, other than the Chairperson or the Vice-Chairperson, shall   be entitled to receive from the funds of the Taluka Panchayat such sitting   fees and allowances as may be prescribed.   |        Chairperson,  Vice-Chairperson and other members of the   Panchayat Taluka shall be entitled to receive such sitting fee and allowances   as may be approved by majority of Gram Sabhas in that block. They shall   receive these allowances in addition to those received by them from their   panchayats.  |   
|     CHAPTER IVB  Functions, Duties and   Powers of Taluka Panchayat, Chairperson and Vice-Chairperson   |        |   
|     115-Q. Functions of the Taluka   Panchayat.-(1) Subject to such conditions as may be specified by the   Government from time to time, the Taluka Panchayat shall perform the   functions specified in Schedule IA.   |        (1) Taluka Panchayat   shall perform all such functions as performed by Gram Sabha. However, the   jurisdiction of Taluka Panchayat shall be only over issues which have   trans-village implications, but are confined within the boundaries of that   block.  a)   Excluding those functions, assets and institutions, which are to be run and   managed by Gram Sabhas as per section 5(b), Taluka Panchayat shall, within   six months of enactment of this law, or in the first meeting after any change   of boundaries of that block, make a list of all assets, institutions and   activities, which would fully or partly fall within its geographical   boundaries. It shall decide which activities fully fall within its   geographical boundaries, which institutions provide services only to the   residents of that block and which assets geographically fall fully within   this block. These activities will henceforth be carried out by this Taluka   Panchayat directly, these institutions will henceforth be managed by this   Taluka Panchayat directly and these assets would henceforth be maintained by   this Taluka Panchayat directly. Rest of the activities, assets and   institutions will henceforth lie within the jurisdiction of Zilla Panchayat. b)   If there is a dispute whether any activity or institution or asset has inter   village implications or not, the majority decision of taluka panchayat   members shall be final.  c) Heads   of all such institutions, over which taluka panchayat has jurisdiction, shall   report directly to taluka panchayat only. The financial resources for running   of these institutions shall be transferred to taluka panchayat by appropriate   government agency at existing levels of expenditures.  |   
|     |        (2) Taluka Panchayat   shall perform all such other functions and activities as are requested by   various gram sabhas from time to time. It shall also assist gram sabha   wherever such assistance is sought.  |   
|     |        (3) Procedure for   making annual block plan:  (a) Taluka Panchayat   shall invite proposals, which have inter village implications and have to be   implemented at block level. Gram sabhas or groups of individual voters may   submit proposals. If a group of citizens wishes to get any proposal discussed   in a taluka panchayat meeting, it should be signed by at least 100 voters of   that block. (b) All the proposals   received above shall be compiled and this compiled list shall be sent to all   gram sabhas requesting them to discuss it in their next gram sabha meeting   and get their opinion.  (c) A block sabha   meeting shall be convened to discuss these proposals.  (d) The Block Sabha   meeting shall also be a platform to discuss larger problems of that block   along with long term solutions for the same and include it in block plan.  (e) The Block Sabha   shall prepare a priority list of the works to be executed by the Taluka   Panchayat. The same shall be executed as and when funds are received by the   Taluka Panchayat during the year, in the order of priority decided by the   Block Sabha.  (f) Efforts shall be   made to have a decision through consensus in block sabha meeting. However, if   consensus is not possible, it shall be put to vote and a proposal carried by   simple majority of those present and voting shall be treated to have been   passed.   Provided that if block sabha so feels, it may decide to give   preference to cooperatives or SHGs of block sabha members for grant of   contracts for works to be executed in that block. Provided further that whoever gets contract for works to be executed   in a block, he/she shall give preference to block sabha members for skilled   or unskilled labour on the projects to be executed in that block. The block   sabha shall be competent to decide the wages to be paid to the laborers   working on such contracts, which shall not be less than the minimum wages   prescribed by the state government. The block sabha may also prescribe other   welfare measures to be followed by the contractor for the labor working on such   contracts. Provided further that proposals for health and education of   individuals or community or a part of the community shall be accorded highest   priority while making annual plans. Provided further that if in a block, there are socially or economically   vulnerable groups, at least that percentage of budget which is the percentage   of the population of vulnerable groups to the total population, shall be   earmarked and used for their benefit and priority shall be given to projects   presented by these groups for such amounts.  Provided further that   issues of social justice shall get preference while making annual plan.  (g) If the funds are   not sufficient to implement entire block plan, the taluka panchayat, may seek   financial assistance from gram sabhas or Zilla Panchayat or other sources, as   decided in block sabha. (h) If any additional   funds are received subsequently during the year, the same shall be spent on   projects that were decided in the annual plan by the block sabha ( if some   projects have not yet been completed due to lack of funds). However, if all   the works listed in the annual plan crated by the Block Sabha have already   been executed, the plans for spending the additional funds received would be   made by following the same procedure as followed for annual plan. Provided that two or   more Gram Sabhas may, independent of the Taluka Panchayat, decide to execute   a joint project in their areas, by passing a resolution in a joint Gram Sabha   meet. The funds for this project may be arranged from any sources mentioned   in Section 113 A (4), including from Taluka Panchayat. However, for Taluka   Panchayat to provide funds for this project, the same shall be passed in the next Block Sabha meet.     |   
|     |        (4) Performing such   functions and executing such works as may be entrusted to it by the Gram   Sabhas. Taluka Panchayat shall either take up an issue on its own or any   issue which is requested by one or more of its Gram Sabhas. If Taluka   Panchayat takes up any issue suo moto, the same will have to be ratified by all   affected Gram Sabhas. Taluka Panchayat   shall also try and resolve disputes between two or more gram sabhas within   that jurisdiction either amicably or by holding joint meetings or by any   other method decided by panchayat Taluka through consensus.  |   
|     |        (5) Allocation   of funds received from various sources amongst gram sabhas: Taluka Panchayat   allocate funds amongst its gram sabhas according to criterion as mutually   agreed through consensus amongst all members.   |   
|     |        (6) To   issue utilization certificate and completion certificate for every project   carried out by taluka panchayat. Any payment could be done by taluka   panchayat only after the block Executive Officer issues these certificates.   Such certificates shall be issues in the manner as laid down in Schedule___.  |   
|     |        (7) Taluka Panchayat shall have the power to seek any   information from any officer of the Panchayat, Zilla Panchayat or state Govt   related to the functioning of their block or any information which could have   some kind of bearing on their block. Such officer shall provide information   within such time as directed by taluka panchayat, but such time shall not be   less than a week. If the officer does not provide information, the Taluka   Panchayat can impose a penalty upto Rs 25,000 on that official.  |   
|     |        (8) Taluka Panchayat   shall have the power to summon any officer upto district level who is related   to the functioning of any activity in that block to the taluka panchayat   meetings whenever problems respecting their departments are to be discussed.  |   
|     |        (9) Any new proposal,   activity or project shall have to be sent by taluka panchayat for the   ratification of all affected gram sabhas. If it is rejected by any gram   sabha, taluka panchayat may either decide to drop it or follow the procedure   laid down by either holding joint meetings of more than one gram sabhas or   hold a meeting of block sabha to arrive at a decision. If any gram sabha   objects to any decision taken by Taluka Panchayat, the taluka panchayat shall   be duty bound to seek ratification of all affected gram sabhas in that case,   in the manner laid down in this sub-section.  |   
|     |        (10) The members of   Legislative Assembly or Lok Sabha or Rajya Sabha or State Council, who are   members of Taluka Panchayat, shall present copies of all bills presented in   their House, in the Taluka Panchayat. All sarpanch members shall take copies   of those bills and present them at their Gram Sabha meetings. If Gram Sabha   wishes to comment on any Bill, all such comments shall be compiled by Taluka   Panchayat and presented by that member in respective House from his side, as   representative of his people in that House.  |   
|     |        47A. Procedure   to seek opinion/ ratification of gram sabhas on new projects, policies or   activities proposed by panchayat Taluka: (1) Taluka Panchayat may initiate discussion on   any new project or policy or activity either on its own or on request from   State Government or on request from one or more gram sabhas or on a request   from a group of citizens in that block. If a group of citizen’s wishes to get   any proposal discussed in a panchayat Taluka meeting, it should be signed by   at least 100 voters of that block.  |   
|     |        (2) In either of these cases, a copy of the   proposal with all related documents shall be sent to all gram sabhas   requesting them to discuss it in their next gram sabha meeting and get their   opinion.   |   
|     |        (3) If the proposal is accepted by all gram   sabhas, the proposal shall be treated as having been passed by the Taluka   panchayat.   |   
|     |        (4) If, however, some of the gram sabhas reject it   or express doubts or seek clarifications, the Taluka panchayat members or   such other members from affected gram sabhas or such other people as the   Taluka panchayat deems fit, may address those gram sabhas in specially   convened meetings for this purpose to remove their doubts. Efforts shall be   made to remove doubts, modify proposal, wherever required, to address genuine   concerns and thus persuade all sections of society to come to a consensus.  |   
|     |        (5) If still, some Gram sabhas do not agree,   Taluka panchayat may decide to hold joint meetings of those gram sabhas and   finally, if needed, the Taluka panchayat may decide to hold a block sabha   meeting. Efforts shall be made to have a decision through consensus in such   joint meetings or in block sabha meeting. However, if consensus is not possible,   it shall be put to vote and a proposal carried by simple majority of those   present and voting shall be treated to have been passed by that meeting.  |   
|     115-R. Assignment of   functions.-(1)   The Government may assign to a Taluka Panchayat functions in relation to any   matters to which the executive authority of the Government extends.   |        (1) The Government may   assign to a Panchayat Taluka functions in relation to any matters to which   the executive authority of the Government extends or the functions which have   been assigned to State Government by the Central Government. Provided   that whenever the Government transfers any of its functions to Taluka   Panchayat or Gram Sabha, it shall also make available financial and human   resources needed to execute those functions.  |   
|     (2) The Government may, by   notification, withdraw or modify the functions assigned under this section.   |        Delete  |   
|     (3) The Zilla Panchayat may, by order, assign to Taluka   Panchayat any functions relating to any matters to which the executive   authority of the Zilla Panchayat extends.   |        Delete  |   
|     115-S. Standing   Committees.-(1)   The Taluka Panchayat shall have the following Committees (hereinafter called   the 'Standing Committees'), namely: (a) General Standing   Committee;  (b) Finance, Audit and   Planning Committee;  (c) Social Justice Committee;    (d) Education and Health   Committee; (e). Agriculture and Industries Committee;  (f) Taluka Development   Committee.   |        (1) A Taluka Panchayat shall constitute such standing   committees and such other special committees as it deems fit. These   committees shall function in such manner and perform such functions as may be   provided by Taluka Panchayat.  |   
|     (2) Each Standing Committee   shall consist of such number of members not exceeding five, elected by the   members of the Taluka Panchayat from amongst themselves.   |        Delete  |   
|     (3) The Chairperson shall be the ex officio Member and   Chairman of the General Standing Committee and the Finance, Audit and   Planning Committee. The ViceChairperson shall be the ex officio Member and   Chairman of the Social Justice Committee. The other Standing Committees shall   elect the Chairman from amongst their members.   |        Delete  |   
|     (4) No member of the Taluka Panchayat shall be   eligible to serve on more than two  Standing Committees.   |        Delete  |   
|     (5) The Block Development Officer shall be the   ex officio Secretary of all the Standing  Committees.  |        Delete  |   
|     (6) The Standing   Committees shall perform such functions as may be specified in the   regulations made by the Taluka Panchayat.   |        Delete  |   
|     l15-T. Delegation of   powers.-The   Taluka Panchayat may by notification, delegate to the Block Development   Officer or other Officer, any of the powers conferred by or under this Act on   the Taluka Panchayat.   |        Delete  |   
|     l15-U. General powers   of Taluka Panchayat.-(1) The Taluka Panchayat shall have powers to do acts   necessary for or incidental to, the carrying out of the functions entrusted   or delegated to it and, in particular, and without prejudice to the foregoing   powers, to exercise all powers specified under this Act.   |        |   
|     (2) Subject to the general or   special order of the Government or Zilla Panchayat, a Taluka Panchayat may, (a) provide the carrying out any work or measure likely to   promote the health, safety,  education, comfort, convenience or social or   economic or cultural well-being of the inhabitants of the district;  (b) contribute to   associations of all India, State or Inter-State level, concerned with the   promotion of local Government and to exhibitions, seminars and conferences   within the district related to the activities of the Panchayat and Taluka   Panchayat;  (c) ensure that the grant-in aid released to   the Panchayats are properly utilized and utWi;ation certificates sent to the   sanctioning authority for the purpose for which it is  sanctioned;  (d) supervise any   works undertaken by any panchayat and make recommendations, if any to the   work if not properly carried on;  (e) call for any   return, statement, account or report from any Panchayat.   |        Delete  |   
The Golden jubilee of Goa ‘s Liberation can be complete only if Aam Adami is empowered via Gram Sabhas. Posted here is text of People friendly amendments proposed by RTI activist Shri Arvind Kejriwal to Goa Panchayat Raj Act 1994. The change is long due and is intended to give real power to Common Man. Your Suggestions thereon are utmost necessary for formulating the Final model draft. If you care for Goa and believe that Goa deserves the Best, please post your thoughts and ideas on this blog.
Goa Law Commission organises Arvind Kejriwal 's Presentation
The Goa Law Commission has organised a presentation of proposed amendments to Goa Panchayat Raj Act, 1994 by Shri Arvind Kejriwal on 13th Oct, 2010 1030 hrs at Seminar Hall , Secretariat, Porvorim.
Monday, September 6, 2010
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