|     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;   |        Delete  |   
|     (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.   |        Delete  |   
|     |        (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.     |        Delete  |   
|     |        (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.   |        ?????  |   
|     (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.   |        Delete  |   
|     (4) All Officers of the Taluka Panchayat shail assist the   Member-Secretary in the performance of his duties.   |        Delete  |   
|     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.   |        Delete  |   
|     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;   |        Delete  |   
|     (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.   |        Delete  |   
|     (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.   |        Delete  |   
|     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.   |        Delete  |   
|     (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.   |        Delete  |   
|     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.   |        Delete  |   
|     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.   |        Delete  |   
|     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.   |        Delete  |   
|     (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.   |        Delete  |   
|     (3) The provisions of sections 27 to 41 shall apply in   respect of elections to Zilla Panchayat as they apply to elections to   Panchayat.   |        Delete  |   
|     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.  |        Delete  |   
|     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.   |        Delete  |   
|     (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.   |        Delete  |   
|     (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.   |        Delete  |   
|     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.   |        Delete  |   
|     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.   |        Delete  |   
|     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.  |        Delete  |   
|     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.   |        Delete  |   
|     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.   |        Delete  |   
|     (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.   |        Delete  |   
|     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.   |        Delete  |   
|     New sub section  |        (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.   |        Delete  |   
|     (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.   |        Delete  |   
|     (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. .   |        |   
|     New Section  |        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.   |        Delete  |   
|     (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.  |   
The Golden jubilee of Goa ‘s Liberation can be complete only if Aam Adami is empowered via Gram Sabhas. Posted here is text of People friendly amendments proposed by RTI activist Shri Arvind Kejriwal to Goa Panchayat Raj Act 1994. The change is long due and is intended to give real power to Common Man. Your Suggestions thereon are utmost necessary for formulating the Final model draft. If you care for Goa and believe that Goa deserves the Best, please post your thoughts and ideas on this blog.
Goa Law Commission organises Arvind Kejriwal 's Presentation
The Goa Law Commission has organised a presentation of proposed amendments to Goa Panchayat Raj Act, 1994 by Shri Arvind Kejriwal on 13th Oct, 2010 1030 hrs at Seminar Hall , Secretariat, Porvorim.
Monday, September 6, 2010
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