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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

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.

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(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;

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(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;

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(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;

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(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;

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(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;

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(xii) maintain cordial relations with the elected representative;

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(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.

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(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."].

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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. .

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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.

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(3) The Panchayat may reduce in rank, remove or dismiss any employee appointed by it.

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(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.

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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;

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(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.

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(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.

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(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.

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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.

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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.

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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.

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(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.

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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.

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(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.

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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".

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2) The deposit as security for costs as provided under section 16, so far as Taluka Panchayat is concerned, shall, be Rs. 1000/-.

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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.

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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.

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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.

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(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.

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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.

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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.

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(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.

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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.

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(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.

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(4) No member of the Taluka Panchayat shall be eligible to serve on more than two

Standing Committees.

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(5) The Block Development Officer shall be the ex officio Secretary of all the Standing

Committees.

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(6) The Standing Committees shall perform such functions as may be specified in the regulations made by the Taluka Panchayat.

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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.

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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.

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