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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

115 UA Power to acquire, hold and dispose off property

(1) A Taluka Panchayat shall have the power to acquire, hold and dispose of property and to enter into contracts :

Provided that in all such cases, the Taluka Panchayat shall obtain the prior approval of all concerned Gram Sabhas.

(2) All roads, buildings or other works constructed by a Taluka Panchayat with its own funds shall vest in it.

(3) The State Government may allocate to a Taluka Panchayat any public property situated within its jurisdiction and thereupon such property shall come under the control of the Taluka Panchayat.

New Section

115 UB Election of Chairperson and Vice chairperson of the Taluka Panchayat

(1) All members shall, as soon as may be, elect two members from among themselves to be the Chairperson and Vice chairperson respectively of the Taluka Panchayat;

Provided that each Sarpanch would vote for only such names as he has been authorized to do so by his own Gram Sabha through a resolution.

(1A) If any subsequent vacancy is caused in the office of Chairperson or Vice Chairperson, the Sarpanch members of the Taluka Panchayat shall elect another member from among themselves to be the Chairperson or Up-Chairperson as the case may be by following the procedure as mentioned above.

Provided that no such appointment shall be held if the vacancy is for a period of less than one month.

l15-V. Powers and duties of the Chairperson.-The Chairperson of the Taluka Panchayat shall,­

(a) convene, preside and conduct meetings of the Taluka Panchayat;

(b) discharge all duties imposed and exercise all the powers conferred on him by or under this Act or perform such functions entrusted to him, by the Government from time to time;

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(c)exercise administrative supervision and control over the acts of the Block Development Officer, other Officers and staff of the Taluka Panchayat for securing implementation of resolutions or decisions of the Taluka Panchayat or of the Standing Committees which are not inconsistent with the provisions of this Act or rules

or any general or specific directions issued under this Act;

(cc) Panchayat Taluka shall take all decisions and it shall be the duty of Chairperson to ensure their due implementation.

(d) exercise overall supervision over the financial and executive administration of the Taluka Panchayat and place before the Taluka Panchayat all questions connected therewith which shall appear to him to require its order and for this purpose may call for

records of the Taluka Panchayat;

(d) Shall exercise such financial powers as are entrusted upon him by Taluka Panchayat. However, these powers can be altered or reduced by any subsequent Taluka Panchayat meeting or if more than 50% Gram Sabhas of that Block pass such resolutions.

(e) have power to accord sanction up to a total sum of Rs. 5,000 in each case for meeting the unforeseen expenditure provided that the Chairperson shall place at the next meeting of the Taluka Panchayat for its ratification, the details of such sanctions.

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(ee) Chairperson shall represent that Taluka Panchayat in Zilla Panchayat. He shall not take any independent decisions or make any commitments at Zilla Panchayat, barring on routine issues, without seeking approval of Taluka Panchayat. On directions from Taluka Panchayat, he shall raise issues on behalf of Taluka Panchayat in Zilla Panchayat and keep Taluka Panchayat briefed about all discussions and decisions of Zilla Panchayat. He shall present copies of all minutes and other records of Zilla Panchayat at Taluka Panchayat from time to time.

115-W. Powers and duties of the Vice-Chairperson.-The Vice-Chairperson of the Taluka Panchayat shall,­

(a) exercise the powers and perform the functions of the Chairperson when he is absent on leave or incapacitated from functioning; and

(b) in the absence of the Chairperson, preside over the meetings of the Taluka Panchayat.

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(bb) Exercise such powers and perform such duties that as Taluka Panchayat from time to time may require him to do.

115-X. Power of making contracts.-(1) Every contract or agreement entered into on behalf of the Taluka Panchayat, shall be binding on the Taluka Panchayat only if the said contract or agreement is executed in accordance with the provisions of this section.

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(2) The Member-Secretary shall execute contract or agreement on behalf of the Taluka Panchayat in respect of matters which he is empowered to carry out under the provisions of this Act. He may execute such contract or agreement on behalf of the Taluka Panchayat upto such amount of value of contract or agreement as may be specified by the Government from time to time. In the other cases, he shall execute a contract or agreement only with the sanction of the Taluka Panchayat.

New Section

115 XA. Resignation and Removal of Chairperson and Vice- Chairperson-

(1) The Chairperson may resign his office by writing under his hand and addressed to the Subdivisional Magistrate and the Vice-Chairperson may resign his office by writing under his hand addressed to the Chairperson and in the absence of Chairperson to the Subdivisional Magistrate and the said office shall be deemed to be vacant on the expiry of seven days from the date of such resignation unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Subdivisional Magistrate or the Chairperson, as the case may be.

(2) A Chairperson or Vice- Chairperson shall vacate office if he ceases to be a Sarpanch.

(3) (i) A Chairperson/Vice-Chairperson of the Taluka Panchayat shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of sarpanch members of the Taluka Panchayat at a meeting specially convened for the purpose. The requisition for such a special meeting shall be presented to the Chairperson in writing with a copy to the Secretary of the Panchayat Taluka, by not less than one third of the total number of sarpanch members. The Secretary shall immediately convene such meeting on a date falling within days of such requisition. If the Secretary fails to call the special meeting, the Vice Chairperson or one third of the total number of sarpanch members may fix a date for such meeting. No such meeting shall be postponed once the notice for the same has been issued. No quorum shall be required for the special meeting convened to discuss no confidence motion.

Provided that the sarpanch members can requisition such a meeting only on the basis of a resolution from their Gram Sabha.

Provided further that a sarpanch member shall vote in such a meeting in such manner as directed by his Gram Sabha.

(ii) No confidence motion shall not be moved against the Chairperson or the Vice-Chairperson within the first one year period of their tenure.

(iii) If the motion of no confidence brought against the Chairperson or the Vice- Chairperson or both is once rejected, no fresh motion of no confidence against the Chairperson or the Vice-Chairperson or both, as the case may be, shall be brought before the Panchayat Taluka within a period of one year from the date of such rejection of the motion.

(iv) No confidence motion against the Chairperson or Vice-Chairperson or both, as the case may be, shall not be brought during the last six months of the term of the Taluka Panchayat as mentioned in section 39 (1) of this Ordinance.

(v) Such reasons/charges, on the basis of which no confidence motion has to be moved against the Chairperson or Vice-Chairperson, shall be clearly mentioned in the notice of meeting called to consider the no confidence motion.

(vi) As soon as the meeting called under this section begins, the presiding member of this meeting shall read out the motion on which the meeting has been called to consider before the members present and declare it open for discussion. Any discussion on the motion shall not be adjourned.

(vii) During discussion, opportunity shall be given to the Chairperson/Vice-Chairperson against whom no confidence motion has been moved for his defence before the Panchayat Taluka. The motion shall not be put to vote on the same day after discussion. Sarpanch members shall carry the resolution and charges to their respective Gram Sabha, present details of Panchayat Taluka discussions before Gram Sabha and seek Gram Sabha’s directions. Another meeting of Panchayat Taluka shall be convened for voting within one month in which sarpanch members shall vote according to resolutions brought by them from their respective Gram Sabhas.

(viii) In case of no confidence motion against a Chairperson, the meeting shall be presided by the Vice-Chairperson; in case of motion against Vice-Chairperson by the Chairperson and in case of motion against both Chairperson and Vice Chairperson, by any member elected from among the members of the Panchayat

Taluka present in the meeting. In case of the post of Vice -Chairperson being vacant or his absence from the meeting convened for discussion on no confidence motion against

the Chairperson or the post of Chairperson being vacant or his absence from the meeting convened for discussion on no confidence motion against the Vice- Chairperson, as the case may be, shall be presided over by any member elected from amongst the sarpanch members of the Panchayat Taluka present in the meeting.

New Section

115 XB. Meetings of Taluka Panchayat (1) A Taluka Panchayat shall hold a meeting for the transaction of business at least once every month (hereinafter in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections, make regulations in conformity with this Ordinance or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto.

(2) Every meeting of the Taluka Panchayat shall ordinarily be held at the headquarters of the Panchayat Taluka.

(3) The date of the first meeting of the Panchayat Taluka after its constitution shall be fixed by the Subdivisional Magistrate who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Panchayat Taluka, provided that the Chairperson may for sufficient reason alter the day of the meeting to a subsequent date. The

Chairperson may, whenever he thinks fit and 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 shall call a special meeting. Such request shall specify the object for which the meeting is proposed to be called.

If the Chairperson fails to call a special meeting, the Up-Chairperson or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Secretary to give notice to the members and to take such action as may be necessary to convene the meeting.

(4) Ten clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat shall be sent to the members and affixed at the office of the Panchayat Taluka. Such notice shall include in case of a special meeting any motion or proposition mentioned in the written request made for such meeting.

The Secretary shall set the agenda for each panchayat Taluka meeting, and widely circulate it amongst its members and the general public at least a week before the meeting. If any sarpanch member, on specific directions from his Gram Sabha or otherwise, wishes to get any item added to any panchayat Taluka meeting, he shall intimate it to the Secretary. If such a request is received by Secretary ten days before the next Panchayat Taluka meeting, he shall include it in agenda for that meeting, else he shall include it in the meeting subsequent to that.

(5) Half of the total number of members of the Panchayat Taluka shall form a quorum for transacting business at a meeting of the Panchayat Taluka. If at the time appointed for the meeting a quorum is not present, the person presiding shall wait for one hour and if within such period there is a quorum, proceed with the meeting, but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may deem fit. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of quorum. At such adjourned meetings a quorum of at least one fifth of the total number of member shall be required and the business which would have been brought before the

Original meeting shall be transacted.

(6) Every meeting shall be presided over by the Chairperson or if he is absent by the Vice-Chairperson and if both are absent or if the Chairperson is absent and there is no Vice-Chairperson the members present shall elect one from among themselves to preside.

(7) All questions shall, unless otherwise especially provided, be decided by a majority of votes of the members present and voting.

Provided that no member can vote either way without seeking approval from his Gram Sabha. The said Gram Sabha resolution would need to be placed before the Panchayat Taluka meeting.

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

(9) If the person presiding is believed by any member present at the meeting to have any such pecuniary or personal 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 Taluka may be chosen to preside at the meeting during the continuance of such discussion.

(10) (a) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting in the written request for such meeting.

Provided that any proposition can be made by a member only if it has been approved by his Gram Sabha

Provided further that after receiving agenda containing such propositions, each sarpanch members shall obtain approval from his own Gram Sabha on the said subject and shall present it to Panchayat Taluka meeting.No sarpanch member can vote in any Panchayat Taluka meeting without appropriate approval from his Gram Sabha, a copy of which he should present at the Taluka meeting.

(b) A member may propose any resolution connected with or incidental to the subjects included in the list of business.

(c) The Chairperson or any member may propose any urgent subject of a routine nature not included in the list of business if no member objects to it.

(11) Any ordinary meeting may with the consent of a majority of the members present be adjourned from time to time but no business shall be transacted at any adjourned meeting other than that left or undisposed at that meeting.

(13) The proceeding of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Panchayat Taluka shall be reported at the next meeting of the Panchayat Taluka. The minutes book shall always be kept in the office of the Panchayat Taluka. The Executive Officer shall be the custodian of the minute book.

(14) The Panchayat Taluka may require the presence of Government officers at its meeting. If it appears to a Panchayat Taluka that the attendance of any officer of the Government having jurisdiction over an area of a district or

part of a district and not working under the Panchayat Taluka is desirable at a meeting of the Panchayat Taluka, the Secretary shall by a letter addressed to such officer not less than fifteen days before the intended meeting request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting :

Provided that the officer on receipt of such letter may if he for any of the reasons aforesaid is unable to be presents thereat him, instruct his deputy or other competent subordinate officer to represent him at the meeting.

Provided that if the officer fails to comply with such sommuns of Panchayat Taluka and if Panchayat Taluka, after giving that officer an opportunity of being heard, feels that the officer has failed to comply without reasonable cause, the Taluka will be empowered to impose a penalty upto Rs 50000 on such officer.

(15) All meetings of Panchayat Taluka would be open for public to attend. However, the public cannot vote in such meetings. But if some member from public wishes to make any point or add to the discussion, he may do so with prior permission of the chair.

(16) All records of Panchayat Taluka would be open for public inspection at anytime. Public may also obtain copies thereof after paying appropriate photocopying charges.

New Section

115 XC. Taluka Panchayat Fund

(1) For every Panchayat Taluka there shall be constituted a Panchayat Taluka Fund, bearing the name of the Panchayat Taluka and the same shall be placed to the credit thereof-

(a) contributions and grants, if any, made by the Central or the State Government;

(aa) the share in the net proceeds of the taxes, duties and fees levied by the Government as determined by the Finance Commission;

(b) contributions and grants, if any, made by the Zila Panchayat or any other local authority;

(c) loans, if any, granted by the Central or the State Government or raised by the Panchayat Taluka on security of its assets;

d) all receipts on account of tolls, rates and fees levied by it;

(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Panchayat Taluka;

(f) all sums received as gift or contributions and all income from any trust or endowment made in favour of the Panchayat Taluka;

(g) such fines or penalties imposed and realized under the provisions of this Ordinance or of the bye-laws made thereunder, as may be prescribed by Panchayat Taluka; and

(h) all other sums received by or on behalf of the Panchayat Taluka.

(2) Every Panchayat Taluka shall set apart and apply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees.

(3) Every Panchayat Taluka shall have power to spend sums as it thinks fit for fulfilling the purposes of this Ordinance.

(4) The Panchayat Taluka Fund shall be vested in the Panchayat Taluka and the balance to the credit of the Fund shall be kept in such custody as the Panchayat Taluka may deem fit. Any proposal passed by two thirds of Gram Sabhas in that block shall be binding on that Taluka.

(5) Subject to such general control as the Panchayat Taluka may exercise from time to time, all orders and cheques for payments from the Panchayat Taluka Fund shall be singed by the Executive Officer.

New Section

115 XD Loans and Sinking Funds

(1) A Panchayat Taluka may raise from time to time with the approval of its constituent Gram Sabhas, loans for the purposes of this Ordinance and create a sinking fund for the repayment of such loans.

(2) A Panchayat Taluka may borrow money from the Government or, with the previous sanction of its Gram Sabhas, from banks or other financial institutions for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Taluka for the purpose.

New Section

115 XE Budget of the Taluka Panchayat

Every Panchayat Taluka shall at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and shall get it approved in its meeting by a majority of members present and for which the quorum shall be not less than fifty percent of its total number of members.

CHAPTER IVC

Staff of Taluka Panchayat

115-Y. Staff of Taluka Panchayat.-The Government may, by order, specify the staffing pattern and scales of pay of the Officers and other staff of the Taluka Panchayat.

115-Y. Staff of Taluka Panchayat (1) The Panchayat Taluka shall directly appoint such number of employees as it deems fit by following the procedure laid down in Schedule 9. Those employees transferred by the government shall become the employees of Panchayat Taluka. On their retirement, the Panchayat Taluka shall directly recruit such employees.

115-Z. Member-Secretary.-The Block Development Officer of the respective Block/ Taluka shall be the ex officio Member-Secretary of the Taluka Panchayat and shall carry out the functions and· duties as are assigned under the Act and Rules made thereunder.

(2) The Panchayat Taluka shall directly appoint its Secretary by following the procedure laid down in Schedule 9. The Panchayat Taluka may make appropriate modifications in the method suggested in Schedule 9.

(3) The Panchayat Taluka shall directly appoint such number of employees as it deems fit by following the procedure laid down in Schedule 9. Those employees transferred by the government shall become the employees of Panchayat Taluka. On their retirement, the Panchayat Taluka shall directly recruit such employees.

(4) A Panchayat Taluka 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.

(5) The state government shall provide the panchayat Taluka with adequate funds to set up and run the panchayat Taluka secretariat. The state government shall provide a fixed lumpsum amount every year, to be increased for at least inflation every year, to each panchayat Taluka. However, panchayat Taluka shall be competent to spend more amounts on secretariat out of its own resources, if it feels necessary.

115Z-A. Functions, powers and duties of the Member-Secretary.-(1) Save as otherwise expressly provided by or under this Act, the Member Secretary shall,­

(a) exercise all the powers specially imposed or conferred upon him by or under this Act or under any other law for the time being in force;

Functions, powers and duties of the Secretary.-(1) Save as otherwise expressly provided by or under this Act, the Member Secretary shall,­

(a) perform such functions as is directed to do so by the Panchayat Taluka from time to time

(aa) be responsible for implementation of all the decisions of Panchayat Taluka.

(b) lay down the duties of and supervise and control the officers and official of, or holding office under the Taluka Panchayat in accordance with rules made by the Government;

(c) lay down the duties of, supervise and control the officers and staff holding office under the Panchayat Taluka in accordance with rules made by the Panchayat Taluka;

(c) supervise and control the execution of all works of the Taluka Panchayat;

(c) supervise and control the execution of all works of the Panchayat Taluka and regularly report to Panchayat Taluka about their progress. He shall be responsible for taking necessary directions from Panchayat Taluka for proper implementation of works.

(d) take necessary measures for the speedy execution of all works and developmental Schemes of the Taluka Panchayat;

(d) take such measures for the speedy execution of all works and developmental schemes of the Panchayat Taluka as the Taluka directs him to do;

(e) have custody of all papers and documents connected with the proceedings of the meetings of the Taluka Panchayat and its Committees.

(e) ensure safe custody of all papers and documents connected with the proceedings of the meeting of the Panchayat Taluka and its committees and ensure their public inspection whenever any member of the public desires to do so or take copies thereof.

(f) draw and disburse moneys out of the Taluka Panchayat fund; and

(f) draw and disburse money out of the Panchayat Taluka Fund as per directions from Panchayat Taluka;and

(g) exercise such other powers and discharge such other functions as may be prescribed.

(g) exercise such other powers and discharge such other functions as may be prescribed by Panchayat Taluka.

(h) He/she shall be responsible to ensure that all legal requirements expected of panchayat Taluka are fulfilled.

(2) The Member-Secretary shall attend every meeting of the Taluka Panchayat and any committees thereof and take part in the discussion but shall not have the right to move any resolution or to vote. If, in the opinion of the Member-Secretary, and proposal before the Taluka Panchayat is violative of or inconsistent with the provisions of this Act or any other law or the rules or orders made thereunder, it shall be his duty to bring the same to the notice ofthe Taluka Panchayat.

(2) The Secretary shall attend every meeting of the Taluka Panchayat and shall have the right to attend the meeting of Committees thereof

and to take part in the discussion but shall not have the right to move any

resolution or to vote. If in the opinion of the Executive Officer any proposal

before the Panchayat Taluka is violative of or inconsistent with the provisions

of this Ordinance or any other law, rule or order made thereunder, it shall be

his duty to bring the same to the notice of the Panchayat Taluka.

However, the decision of Panchayat Taluka in this regard shall be final.

(3) The Member-Secretary shall within fifteen days from the date of the meeting of the Taluka Panchayat or of any of its committees, submit to the Government every resolution ofthe Taluka Panchayat or any of its committees which in his opinion is inconsistent with the provisions of this Act or any other law; and shall not implement such resolution otherwise than as decided by the Government.

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(4) All Officers of the Taluka Panchayat shail assist the Member-Secretary in the performance of his duties.

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New Section

115 Z B Control over employees:

(1) The transfers, disciplinary matters and salaries of the employees, which get transferred to panchayat Taluka, shall be directly handled by panchayat Taluka.

(2) Panchayat Taluka shall have the powers to appoint such additional staff as they feel necessary.

(3) Panchayat Taluka shall have the powers to impose financial penalties, take disciplinary action on such government officials, who are directly appointed by Panchayat Taluka or which have been transferred to Panchayat Taluka by the state government and with whose functioning the panchayat Taluka is dissatisfied. It will have the powers to dismiss those government officials which have been directly appointed by Panchayat Taluka.

Provided further that no action can be taken against any official without giving him an opportunity of being heard.

(4) As and when there is a vacancy on any post, which is transferred to Panchayat Taluka, for whatever reasons, and a new appointment is required to be made, the same shall be done by the panchayat Taluka henceforth and panchayat Taluka shall be treated as appointing authority for the same.

(3) Executive Officer and other officials shall get such salary as prescribed by the Panchayat Taluka. The Panchayat Taluka may decide to give such allowances to the Executive Officer out of its own funds as it may decide from time to time. However, the terms and conditions of employees transferred to Panchayat Taluka or Panchayat or Zilla Panchayat shall not be adversely altered on their transfer. Provided that after the retirement of that incumbent, the terms and conditions of that post may be altered by Gram Sabha or Panchayat Taluka or Zilla Panchayat before doing fresh recruitment.

115.Z-B. Member-Secretary's right to requisition records etc.-(1) Every person in possession of moneys, accounts, records or other property pertaining to a Panchayat or Taluka Panchayat shall, on the requisition in writing of the Member-Secretary for this purpose, forthwith hand over such moneys or deliver up such accounts, records or other property to the Member-Secretary or the person authorised in the requisition to receive

the same.

(2) Every person knowing where any moneys, accounts, records or other property pertaining to a Panchayat or Taluka Panchayat are concealed, shall be bound to give information of the same to the Member-Secretary.

(3) An Appeal shall lie to the Director from an order of the Member-Secretary under this Section.

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CHAPTER IV-D

Financial control and audit

115Z-C. Application of certain sections relating to accounts and budget of the Taluka Panchayat.-The provisions of sections 182, 183, 184, 185, 186, 187, 188, 189, 190, 197 and 198 shall, mutatis mutandis, apply in respect of financial matters of Taluka

Panchayat, subject, however, that the expressions "Secretary" "Chief Executive Officer", "Block Development Officer", "Panchayat" or "Zilla Panchayat", wherever they

appear in those sections, shall be construed with reference to "Member-Secretary" and "Taluka Panchayat."

CHAPTER IV-E

Properties and funds of Taluka Panchayats

115Z-D. Application of certain sections relating to properties and funds of the Taluka Panchayat.-The provisions of sections 164, 165, 166, 167, 168, 170, 171 and 172 shall apply, mutatis mutandis, in respect of Taluka Panchayat, subject however, that the expressions "Panchayat" and "Zilla Panchayat", wherever they appear in those sections, shall be construed with reference to "Taluka Panchayat" and the expressions "Adhyaksha", and "Upadhyaksha" wherever they appear shall be construed as "Chairperson" and "Vice-Chairperson" respectively.

115Z-D. Application of certain sections relating to properties and funds of the Taluka Panchayat.-The provisions of sections 164, 165, 167, 168, 170, 171 and 172 shall apply, mutatis mutandis, in respect of Taluka Panchayat, subject however, that the expressions "Panchayat" and "Zilla Panchayat", wherever they appear in those sections, shall be construed with reference to "Taluka Panchayat" and the expressions "Adhyaksha", and "Upadhyaksha" wherever they appear shall be construed as "Chairperson" and "Vice-Chairperson" respectively.

CHAPTER IV-F

Inspection, Supervision, etc.

115Z-E. Application of certain sections relating to inspection, supervision etc.­The provisions of sections 173, 174, 175, 176, 177, 178, 179 and 180 contained in Chapter X shall, mutatis mutandis, apply to the Taluka Panchayat, subject, however that expressions "Panchayat" or "Zilla Panchayat" wherever they appear in those sections, shall be construed with reference to "Taluka Panchaya1" and for the expression "Sarpanch or the Deputy Sarpanch", the expressions "ChairPerson or Vice-Chairperson" shall be construed.

CHAPTER IV-G

Miscellaneous

115Z-F. Application of certain section relating to miscellaneous matters to Taluka Panchayat.-The provisions of sections 200, 202, 203, 204, 205, 206, 207, 208, 209, 211,212,213,214,215,216,217, 218,219,220,221,222,223,224,225,226,227,228, 229,230,231,232, 233,234,235,236,237,238,241,242,243,244 and 246, shall apply, mutatis mutandis, in respect of matters relating to Taluka Panchayat, subject, however, that the expressions "Panchayat" or "Zilla Panchayat" wherever they appear, shall be construed as "Taluka Panchayat" the expressions "Chief Executive Officer" and

"Secretary" wherever they appear, shall be construed as Member Secretary and the expressions "Adhyaksha or Upadhyaksha", "Sarpanch or Deputy Sarpanch", wherever they appear, shall be construed as "Chairperson" or "Vice-Chairperson" of the Taluka

Panchayat.]

CHAPTER V

Constitution of Zilla Panchayats

116. Establishment of Zilla Panchayat and its incorporation.-(1) There shall be constituted for each district a Zilla Panchayat having jurisdiction over the entire district excluding such portions of the district as are included in a municipal councilor a notified area constituted under any law for the time being in force.

(2) Every Zilla 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 off the properties both movable and immovable and shall by the said name sue or be sued.

117. Constitution of Zilla Panchayats (1) There shall be two Zilla Panchayats for the State of Goa namely, North Goa Zilla Panchayat and South Goa Zilla Panchayat.

(2) The North Goa Zilla Panchayat shall consist of thirty elected members.

Chairpersons of all Taluka Panchayats in North Goa District

(3) The South Goa Zilla Panchayat shall consist of twenty elected members.

Chairpersons of all Taluka Panchayats in South Goa District

(4) In addition to the elected members, every Zilla Panchayat shall have the following ex officio members:­

(i) members of Parliament who are registered as the electors within the district;

(ii) such number of members of the State Legislative Assembly as may be prescribed:

Provided that no such members shall be a Minister or the Speaker or the Deputy Speaker of the Legislative Assembly or the Leader of Opposition:

Provided further that the total number of such members shall not exceed the number of Talukas in the Zilla Panchayat, and such members shall be elected from amongst themselves;

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(iii) Chairperson of Panchayat in each taluka of the district elected from amongst themselves in the ratio of one such Chairperson for a Taluka having upto 15 Panchayats and two such Chairpersons for a taluka having more than 15 Panchayats who shall be a member of Zilla Panchayat so long as. he continues to be the

Chairperson of the Panchayat.

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(5) The term of the members of the Zilla Panchayats other than the elected members shall be co-terminus with the term of member of Parliament or members of the State Legislative Assembly or Chairperson ofPanchayat, as the case may be.]

Duration of Zila Panchayat -

(1) Every Zila Panchayat, 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.

118. Reservation of seats.-Reservation of seats as are applicable for an election to the Panchayat under the provisions of sub-sections (4) to (6) of section 7 shall, mutatis mutandis, apply to the elections of the members referred to in clause (i) of section 117.

119. Delimitation of territorial constituencies.-The Government shall, by notification,­

(a) divide the area within the jurisdiction of North Goa Zilla Panchayat and South Goa Zilla PanGhayat into 30 and 20 single member territorial constituencies respectively, for the purpose of election, to such Zilla Panchayat.]

(b) determine the territorial constituencies or constituencies in which seats are reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and Women.

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120. Right to vote.-(1) Every person whose name appears in the electoral roll relating to a constituency of a Zilla Panchayat shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that constituency while the electoral roll remains in force and no person whose name does not appear in such electoral roll shall vote at any such election.

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(2) No person shall vote at an election under this Act in more than one constituency or more than once in the same constituency and if he does so all his votes shall be invalid.

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121. Electoral Roll.-The electoral roll of Zilla Panchayat shall be prepared subject to the superintendence, direction and control of the State Election Commission:

Provided that the electoral roll of the State Legislative Assembly for the time being in force for such part of the district as is included in any constituency of the Zilla Panchayat may be adopted for the purpose of preparation of electoral roll of the Zilla Panchayat for such constituency:

Provided further that the electoral roll for such constituency of the Zilla Panchayat shall not include any amendment, transposition, inclusion or deletion of any entry made after the last date for making nomination for the election to such constituency and before the completion of such election.

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122. Qualification of a candidate.-(1) A person shall not be qualified to be chosen to fill a seat in a Zilla Panchayat unless his name is included in the electoral roll of the Zilla Panchayat for the time being in force in the district.

(2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Zilla Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women such person is a member of these castes or tribes or classes or is a woman.

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123. Disqualification for members.-(1) The provision of section 10 shall apply for a person for being chosen as, and for being a member of a Zilla Panchayat subject, however, that the expression 'Panchayat' in clauses (d) and (f) of that section shall be construed as a reference to 'Zilla Panchayat' .

123. Disqualification for members.-(1) The provision of section 10 shall apply for a person for being chosen as, and for being a member of a Zilla Panchayat subject, however, that the expression 'Panchayat' in clauses (d) and (f) of that section shall be construed as a reference to 'Zilla Panchayat' .

Provided that he/ she shall continue to remain a member of the Zilla Panchayat until he/ she remains a Chairperson of a Taluka Panchayat of a Taluka which comes in the district.

(2) If a person who has been chosen as a member of the Zilla Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly, a Municipal Councilor a Panchayat then at the expiration of a period of 15 days of such election, his seat in the Zilla Panchayat shall become vacant, unless he has previously resigned from his seat in the House of the People, the Council of States, the State Legislative Assembly, the Municipal Councilor the Panchayat, as the case may be.

124. Vacancy of seat.-(1) If any member of a Zilla Panchayat,­

(a) is or becomes subject to any of the disqualification specified in section 123; or

(b) votes or takes part in the discussion of any question coming up for consideration at a meeting of the Zilla Panchayat or any Committee, if the question is one in which, apart from its general application to the public, he has any pecuniary interest; or

(c) being an elected member, absents himself, for more than three consecutive ordinary meetings of the Zilla Panchayat unless leave so to absent himself which shall not exceed six months, had been granted by the Zilla Panchayat, or absents himself from the State of Goa for over four consecutive months, his seat shall be deemed to be or have become, as the case may be vacant:

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

(2) The Government on a report made to it and after giving a reasonable opportunity to the person concerned of being heard, shall declare whether the seat of the person concerned is or has become vacant.

(2) If any of the provisions of subsection (1) applies to any member of the Zilla Panchayat, then the Zilla Panchayat shall inform the respective Taluka Panchayat about these issues. The Taluka Panchayat shall call a meeting and seek an explanation from the Chairperson (who is also the member of Zilla Panchayat). The Taluka Panchayat may then decide to either accept or reject the explanation. If dissatisfied with the explanation, the Taluka panchyat shall re-elect the Chairperson. In the mean time (before a new Chairperson is re-elected), the Vice Chairperson of the Taluka Panchayat shall act as the member of the Zilla Panchayat.

125. Method of voting and procedure for election.-(1) Every elector shall have one vote and no elector shall give more than one vote to anyone candidate.

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(2) Subject to the provisions of this Act, elections to the Zilla Panchayat shall be held by ballot in accordance with such rules as may be prescribed.

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(3) The provisions of sections 27 to 41 shall apply in respect of elections to Zilla Panchayat as they apply to elections to Panchayat.

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125-A. Use of electronic voting machine.-Notwithstanding anything contained in this Act or the rules framed thereunder, the State Election Commission may put in use the electronic voting maehine in lieu of ballot paper lor the election of members of Panchayat, or Zilla Panchayats, as may be deemed necessary and in the manner specified by the State Election Commissioner in this regard.

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126. Prohibition of simultaneous membership.-(1) If a person is elected by more than one Zilla Panchayat constituency, he shall by notice in writing signed by him and delivered to the Director or any other officer authorised by the Government, within the prescribed time, choose anyone of the constituencies which he shall serve, and the choice shall be final.

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(2) If the person does not make the choice referred to in sub-section (l), the Director or the authorised officer shaii detenl1ine by lot and notify the constituency which such

person shall serve.

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(3) Such person shall be deemed to have been elected only for the constituency so chosen or notified, as the case may he, and the vacancy or vacancies thereby arising in respect of the other constituency or constituencies shall be filled by election.

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127. Application of certain sections relating to elcctions.-The provisions of sections 16, 17, 18, 19,20,21,22,23,24, and 25 shall apply, mutatis mutandis. in respect of election of Zilla Panchayat, the deposit as security for costs being two thousand

rupces.

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128. Publication of names of members.--The names of members elected to any Zilla Panchayat shall be reported to the Government which shall notify the same in the

Official Gazettc.

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129. Term of office of member.-(I) Except as is otherwise provided in this Act, members of a Zilla Panchayat elected at general election shall hold office for a term of five years.

(2) The term of office of members elected at a general election shall commence on the date appointed for the first meeting of the Zilla Panchayat.

(3) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under section 128,

(4) As soon as may be after the fist meeting of the Zilla Panchayat, every member thereof shall take the oath of Office before the Director of Panchayats.

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130. Resignation of members.-A member of a Zilla Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of Zilla Panchayat and his seat shall become vacant on the expiry of fifeen clear days from the date of such resignation, unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha.

130. Resignation of members.-A member of a Zilla Panchayat may resign his membership only by resigning from the post of Chairperson of his Taluka Panchayat. If he resigns from the Taluka Panchayat, he is automatically assumed to have resigned from the Zilla Panchayat.

131. Removal of Members for misconduct.-The prescribed authority if it thinks fit on the recommendations of the Zilla Panchayat, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary if such member has been guilty of misconduct in the discharge of his duties or any disgraceful conduct, or has become incapable of performing his duties as a member.

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132. Casual vacancy.-A Casual vacancy of a member or a Zilla Panchayat shall be filled up, as soon as may be, by the election of a person thereto who shall, hold office so long only as the member in whose place he is elected could have held office if the vacancy had not occurred.

133. Election of Adhyaksha and Upadhyaksha and term of office.-(1) The elected members of the Zilla Panchayat referred to in clause (i) of section 117 shall as soon as may be, choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof and so often as there is a casual vacancy in the office of the Adhyaksha or Upadhyaksha, they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha within a period of [sixty] days of occurrence of such vacancy as the case may be.

(2) Save as otherwise provided in this Act, the Adhyaksha or Upadhyaksha shall hold office for the term of office of the members of the Zilla Panchayat.

(3) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed.

(3) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with the act.

(4) There shall be reserved by the Government one office of Adhyaksha and one office of Upadhyaksha of the Zilla Panchayat to be filled by women:

Provided that the office reserved under this sub-section shall be allotted by rotation to different Zilla Panchayat.

(4) There shall be reserved by the Government one office of Adhyaksha or one office of Upadhyaksha of the Zilla Panchayat to be filled by women:

Provided that the office reserved under this sub-section shall be allotted by rotation to different Zilla Panchayat.

134. Salary and Allowances to the Adhyaksha, Upadhyaksha and elected members of the Zilla Panchayat.-The salary and allowances of the Adhyaksha, Upadhyaksha and elected members of the Zilla Panchayat shall be as prescribed].

134. Allowances to the Adhyaksha or Upadhyaksha and other Members-

The Adhyaksha, Upadhyaksha and every member of the Zila Panchayat shall be entitled to receive such sitting fee and allowances as may be decided through a resolution endorsed by majority of Gram Sabhas in that district. This shall be in addition to the allowances that they receive from Panchayat Taluka and Panchayat.

135. Resignation or removal of Adhyaksha and Upadhyaksha.-(1) A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Director and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the Director and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the Director or the Adhyaksha, as the case may be.

135. Resignation or removal of Adhyaksha and Upadhyaksha.-(1) A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the District Magistrate and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the District Magistrate and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the District Magistrate or the Adhyaksha, as the case may be.

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

(3) Every Adhyaksha and every Upadhyaksha of Zilla Panchayat shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Zilla Panchayat at a meeting specially convened for this purpose:

Provided that no such resolution shall be moved within six months from the date of moving earlier resolution.

(3) (i) Adhayaksha and Up-Adhayaksha shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of Chairperson members at a meeting specially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one fifth of the total number of Chairperson members of the Zila Panchayat and shall be delivered to the Adhyaksha with a copy to the District Magistrate. The Adhyaksha shall within seven days from the date of receipt of such requisition convene a special meeting of the Zila Panchayat. The meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the Adhyaksha if the motion is against the Up-adhayaksha; if it is against the Adhyaksha the Upadhyaksha shall preside over the meeting and if it is against Adhyaksha and Upadhyaksha both then such member, as is elected on the spot by the members present and voting, shall preside over the meeting.

In case of the post of Up-adhyaksha being vacant or his

absence from the meeting convened for discussion on no confidence motion against the Adhyaksha or the post of Adhyaksha being vacant or his absence from the meeting convened for discussion on no confidence motion against the Up-adhyaksha, as the case may be, the meeting shall be presided over by any member elected from amongst the Chairperson members present in the meeting. In case of failure to convene the meeting by the Adhyaksha, the District Magistrate shall convene the meeting in the same manner.No such meeting shall be postponed once the notice for the Same has been issued. No quorum shall be required for the special meeting convened to discuss no confidence motion.

Provided that the Chairperson members can requisition such a meeting only on the basis of a resolution from their panchayat Taluka.

Provided further that a Chairperson member shall vote in such a meeting in such manner as directed by his panchayat Taluka.

Provided further that a sarpanch member shall vote in any such panchayat Taluka meeting only in such manner as is directed by his gram sabha.

(ii) During the first one year period of the tenure, no confidence motion shall not be moved against the Adhyaksha or the Upadhyaksha.

(iii) No-confidence motion against the Adhyaksha or Upadhyaksha or both, shall not be brought within six months of the expiry of the term of the Zilla Panchayat.

(iv) Such reasons/charges, on the basis of which no confidence motion is to be moved against the Adhyaksha or Upadhyaksha, shall be clearly mentioned in the notice of the meeting called to consider the no confidence motion.

(v) As soon as the meeting called under this section commences, the presiding member at the meeting shall read out the motion on which the meeting has been called to consider, before the present members and declare it open for discussion. Any discussion on the motion under this section shall not be adjourned.

(vi)During discussion, opportunity shall be given to the Adhyaksha or Upadhyaksha or both against whom no confidence motion is moved, for his defence before the Zila Panchayat. The meeting shall be adjourned, not more than one month, for voting. All Chairperson members shall go back to their respective panchayat Talukas to seek their directions on the basis of charges and discussions. In the meeting held for voting, the Chairperson members shall present copies of decision from their panchayat Taluka.

(vii)If the motion of no confidence against the Adhyaksha or the Upadhyaksha or both is once rejected, no fresh motion of no Confidence against the Adhyaksha or the Upadhyaksha or both, as the case may be shall be brought before the Zila Panchayat within a period of one year from the date of rejection of such motion.

(4) Every Adhyaksha and Upadhyaksha of Zilla Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office by the Government for misconduct in the discharge of his duties, or for being persistently remiss in the discharge of his duties and the Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (5), shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Zilla Panchayat.

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(5) An Adhyaksha or Upadhyaksha removed from his office under sub-section (4), may also be removed by the Government from membership of the Zilla Panchayat.

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136. Meeting of Zilla Panchayat (1) A Zilla Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section referred to as the ordinary meeting), and shall subject to the provisions of the following sub-sections, make regulations not inconsistent with this Act or with any rules made thereunder with respect of the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto. Every meeting of the Zilla Panchayat shall ordinarily be held at the headquarters of the Zilla Panchayat.

(2) (a) The date of the first meeting of the Zilla Panchayat after the first constitution or reconstitution shall be fixed by the Director, who shall preside at such meeting, and the date of such subsequent ordinary meeting shall be fixed at th~ previous meeting of the Zilla Panchayat, provided that the Adhyaksha of Zilla Panchayat, may for sufficient reasons, alter the date of the meeting to a subsequent date. The Adhyaksha 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, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one-third of the total number of members of the Zilla Panchayat may call the special meeting for a day not more than fifteen days after presentation of such request and require the Chief Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.

(2) (a) The date of the first meeting of the Zilla Panchayat after the first constitution or reconstitution shall be fixed by the Collector, and the date of such subsequent ordinary meeting shall be fixed at the previous meeting of the Zilla Panchayat, provided that the Adhyaksha of Zilla Panchayat, may for sufficient reasons, alter the date of the meeting to a subsequent date. The Adhyaksha must explain in the subsequent meeting the reason for the cancellation of the meet. The Adhyaksha 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, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one-third of the total number of members of the Zilla Panchayat may call the special meeting for a day not more than fifteen days after presentation of such request and require the Chief Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.

(b) Ten clear days notice of an ordinary meeting and seven clear days notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the Office of the Zilla Panchayat. Such notice shall include, in the case of a special meeting, any motion or proposition mentioned in the written request made for such meeting.

(c) One-third of the total number of members of the Zilla Panchayat shall form a quorum for transacting business at a meeting of the Zilla Panchayat. If, at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum, proceed with the meeting; but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjourned meetings at which there is quorum, the business which would have been brought before the original meeting shall be transacted.

(d) Every meeting shall be open to the public unless the presiding authority considers that any enquiry or deliberation pending before the Zilla Panchayat should be held in camera and the said authority may at any time cause any person who interrupts the proceedings to be removed.

(d) Every meeting shall be open to the public unless the presiding authority considers that any enquiry or deliberation pending before the Zilla Panchayat should be held in camera.

(e) Every meeting shall be presided over by the Adhyaksha or if he is absent by the Upadhyaksha, and if both are absent or if the Adhyaksha is absent and there is no Upadhyaksha, the members present shall elect one from among themselves to preside.

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

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

Provided that all members shall vote as per directions received from their respective Panchayat Talukas.

(g) No member of the Zilla Panchayat shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of a Zilla Panchayat or any Committee, if the question is one in which apart from its general application to the public, he has any pecuniary interest.

(h) 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 Zilla Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

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(ha) The Chief Executive Officer shall prepare the agenda for each Zilla Panchayat meeting, and widely circulate it amongst its members and the general public at least a week before the meeting. If any Chairperson member, on specific directions from his Panchayat Taluka or otherwise, wishes to get any item added to any Zilla Panchayat meeting, he shall intimate it to the Chief Executive Officer. If such a request is received by Chief Executive Officer ten days before the next Zilla Panchayat meeting, he shall include it in agenda for that meeting, else he shall include it in the meeting subsequent to that.

(i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in case of a special meeting, in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects in the list of business. The Adhyaksha may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing thereof except in accordance with clause (k). The order in which any business or proposition shall be brought forward at such meeting shall be detemlined by the presiding authority who, in case it is proposed by any member to give priority to any particular item of such business or to any particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.

(i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting in the written request for such meeting.

Provided that any proposition can be made by a member only if it has been approved by his Panchayat Taluka

Provided further that after receiving agenda containing such propositions, each Chairperson member shall obtain approval from his own Panchayat Taluka on the said subject and shall present it to Zilla Panchayat meeting.

(a) No Chairperson member can vote in any Zilla Panchayat meeting without appropriate approval from his Panchayat Taluka, a copy of which he should present at the Panchayat meeting.

(b) A member may propose any resolution connected with or incidental to the subjects included in the list of business.

(c) Any member may propose any urgent subject of a routine nature not included in the list of business if no member objects to it.

The order in which any business or proposition shall be brought forward at such meeting shall be detemlined by the presiding authority who, in case it is proposed by any member to give priority to any particular item of such business or to any particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.

(j) Any ordinary meeting may, with the consent of a majority of the members present be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjournment took place.

(k) No resolution of the Zilla Panchayat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than two-thirds of the total number of members at an ordinary or special meeting, and notice whereof shall have been given fulfilling the requirements of clause (b) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and t'hotion or proposition for the modification or cancellation of such resolution.

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(3) The proceeding of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall, after being read over by the Adhyaksha of the meeting, be signed by him. The action taken on the decisions of the Zilla Panchayat shall be reported at the next meeting of the Zilla Panchayat. The minutes book shall at all reasonable times be open to inspection by any member of the Zilla Panchayat. The minutes book shall always be kept in the office of the Zilla Panchayat and it shall be in the custody ofthe Chief Executive Officer.

(4) A copy of every resolution passed by a Zilla Panchayat at a meeting shall, within ten days from the date of meeting, be forwarded to the Director.

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(5) During any vacancy in a Zilla Panchayat or any Committee thereof, the continuing members may act as if no vacancy occurred.

137. lnterpellations and Resolution.-(1) A member of Zilla Panchayat may move resolutions and interpellate the Adhyaksha of Zilla Panchayat on matters connected with the administration of the Zilla Panchayat, subject to such regulations as may be made by the Zilla Panchayat.

(2) A member of the Zilla Panchayat may also call the attention of the Adhyaksha to any neglect in the execution of the work of the Zilla Panchayat, ,to any waste of property belonging to of the Zilla Panchayat, or to the wants of any locality within the district and may suggest any improvements, which may appear desirable.

138. Zilla Panchayat may require the presence of Government officer at meetings.-If it shall appear to a Zilla Panchayat that the attendance of any officer of the Government having jurisdiction over an area of a division or circle or less than a division or circle and not working under the Zilla Panchayat, is desirable at a meeting of the Zilla Panchayat, the Chief Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting:

Provided that the officer on receipt of such letter may, if he, for any of the cause aforesaid, is unable to be present thereat himself, instruct his deputy or other competent subordinate officer to represent him at the meeting. .

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138 A (1) All meetings of Zilla Panchayat would be open for public to attend. However, the public cannot vote in such meetings. But if some member from public wishes to make any point or add to the discussion, he may do so with prior permission of the chair.

(2) All records of Zilla Panchayat would be open for public inspection at anytime. Public may also obtain copies thereof after paying appropriate photocopying charges.

139. Validity of proceedings.-(1) No disqualification or defect in the selection or appointment of any person acting as member, or as the Adhyaksha of Zilla Panchayat or presiding authority of a special or general meeting or a Adhyaksha or members of Committee appointed under this Act, shall be deemed to vitiate any act or proceedings of the Zilla Panchayat or of 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 proceedings, were entitled to act.

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

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(3) Until the contrary is proved, every meeting of a Zilla Panchayat or of a Committee appointed 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 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 duly constituted and to have had the power to deal with the matters referred to in the

minute.

(4) During any vacancy in the Zilla Panchayat or Committee, the continuing member or members may act as if no vacancy has occurred.

CHAPTER VI

Functions, Duties and Powers of Zilla Panchayat Adhyaksha and Upadhyaksha

140. Functions of the Zilla Panchayat-Subject to such conditions as may be specified by the Government from time to timet the Zilla Panchayat shall perform the functions specified in Schedule-II.

140. Functions of the Zilla Panchayat- (1) Zilla Panchayat shall perform all such functions as performed by Gram Sabha. However, the jurisdiction of Zilla Panchayat shall be only over issues which have trans-block implications. Zilla Panchayat shall not be competent to take up any issue on its own without requisition from one or more of its Panchayat Talukas.

(2) Zilla Panchayat shall be responsible for doing all functions, maintenance of all assets and running of all institutions transferred to it under section 5b.

a) If there is a dispute whether any activity or institution or asset has inter block implications or not, the majority decision of Zilla Panchayat members shall be final.

b) Heads of all such institutions, over which Zilla Panchayat has jurisdiction, shall report directly to Zilla Panchayat only. The financial resources for running of these institutions shall be transferred to Zilla Panchayat by appropriate government agency at existing levels of expenditures.

(3) Zilla Panchayats shall perform all such other functions and activities as are requested by various Panchayat Talukas or Gram Sabhas from time to time. It shall assist Panchayat Taluka or Gram Sabhas wherever such assistance is sought. It shall also try and resolve disputes between two or more Panchayat Talukas within that jurisdiction either amicably or by holding joint meetings or by any other method decided by Zilla Panchayat through consensus.

(4) It shall be responsible for

(a) Performing such functions and executing such works as may be entrusted to it by the Panchayat Talukas

(b) Allocation of funds received from various sources amongst Panchayat Talukas: Zilla Panchayat shall allocate funds amongst its Panchayat Talukas according to criterion as mutually agreed through consensus amongst all members.

(c) To issue utilization certificate and completion certificate for every project carried out by Zilla Panchayat. Any payment could be done by Zilla Panchayat only after the district Chief Executive Officer issues these certificates. Such certificates shall be issues in the manner as laid down in Schedule___.

5. The Zila Panchayat of two or more adjacent districts may jointly undertake and execute any development scheme.

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