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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

Schedule 1

Procedure for making gram sabha plan

The following procedure shall be adopted:

1. As soon as a gram sabha receives intimation of the amounts to be received by them during the year, the gram sabha secretariat shall start inviting proposals, by giving adequate publicity in the village in a manner as decided by gram sabha in one of its earlier meetings, from people.

2. Every proposal shall include the exact location of work, brief description of work and reasons why it is needed. If anyone cannot describe a proposal in this manner, he/she may express the problem, which could be discussed in the meeting and solutions to the same solicited.

3. In order to qualify to be taken up for discussion in gram sabha meeting, a proposal should be signed by at least 20 members.

4. Last date for receipt of proposals shall be 20 days before the date of gram sabha meeting.

5. List of all proposals, which are signed by more than 20 members, shall be compiled by gram sabha secretariat and adequately publicized at least a week before the meeting.

6. Appropriate officer shall make an estimate of each of these proposals within these 20 days so as to be able to present them at the meeting.

7. The list of proposals, its estimates and list of those recommending that proposal shall be presented at the meeting.

8. In the meeting, the gram sabha shall decide how much money should be set aside for future requirements during the year for emergencies and contingencies and how much money would be needed for its administrative expenses. Plan shall be made for the rest of the budget.

9. Each proposal shall be read out loudly by one of the signatories to that proposal. He/she shall briefly explain the proposal and answer queries from the public. The gram sabha, in the beginning of the meeting, can decide the time to be allotted for discussion on each proposal, depending upon the number of proposals received and time available for the meeting.

10. Which proposals should be done this year with the available funds and what should be their inter se priority: The gram sabha shall decide this through consensus, as far as possible. However, if it is not possible to arrive at consensus, it can be put to vote through a raise of hands.

11. This shall become the plan of the village for the current year. It shall be forwarded to the Panchayat Taluka to be included in its plan.

12. If it is felt that the aspirations and problems of any kind of minority could not be adequately represented in the plan this year due to shortage of funds and if the gram sabha so approves, the proposals submitted by them may be placed at topmost priority next year.

13. If any proposal has inter village or inter block implications, such proposals shall be sent to Panchayat Taluka or Zilla Panchayat, as the case may be.

Schedule 2

Procedure for identifying people for Government’s beneficiary-oriented schemes

1. Wide publicity shall be given to all Government’s beneficiary-oriented schemes. Special efforts shall be made to inform those people who are in village’s list of illiterate, homeless, destitutes and unemployed people. Applications shall be called for each of these schemes. A preliminary report on each of the applicant’s background shall be prepared.

2. All this data shall be presented in the next gram sabha meeting and the priority list of applicants shall be prepared by the gram sabha through consensus but if consensus is not possible, through voting on each name.

3. If gram sabha feels that the number of people in need of a particular scheme is more than the funds sent by the Government or municipality, the gram sabha may decide to provide some additional funds from its own funds so as to cover the remaining needy people.

4. A person once identified as a beneficiary, shall not be removed from the list for at least a year. Next year, the list shall be again prepared afresh in the above manner to ensure that poorer people are accommodated and those whose situation has improved are removed from the list.

Schedule 3

Procedure to issue utilisation certificate and completion certificate

1. Before the start of any work, the detailed estimates and sketches of the work shall be placed in gram sabha office and an announcement to that effect made in gram sabha meeting. Any member can inspect or take photocopies of the same (by paying normal copying charges).

2. While a work is going on, if the residents feel that the work is not taking place as per specifications or the execution of work is causing huge problems in any manner to the residents and the same could be avoided if the work were done in another manner, they shall inform the Panchayat secretary, who shall request the contractor to make necessary amends. If contractor fails to do so, the Panchayat secretary shall order contractor to stop the work and the matter shall be placed for discussion in next gram sabha meeting.

3. When a contractor informs the Panchayat Secretary about the completion of a work, the Panchayat Secretary will fix a time, when the members and the contractor shall be present for joint inspection. This date shall be adequately advertised. If any member wishes to measure the work, he/she may do so at appointed time in the presence of other members and the contractor. Any member may also pick up a sample from the work.

4. The findings of the above inspection and report of samples picked up from the spot shall be placed in next gram sabha meeting, which will approve/disprove accordingly by a majority vote by raise of hands.

Schedule 4

Procedure for revocation and allotment of FPS and KOD

1. If anyone faces any problem in receiving rations or kerosene or if the FPS or KOD owner violates any of the laws or rules related to distribution of rations or kerosene, he/she may

a. either give a written complaint to the Panchayat Secretary or

b. just go and verbally inform the Panchayat Secretary who shall be duty bound to reduce this complaint in writing or

c. just raise this issue in any of the beneficiary sabha meetings at any time.

2. If the complaint is brought before Panchayat Secretary, he shall follow the following steps:

a. he shall immediately forward it to the FPS or KOD for redressal.

b. Such a complaint shall be compulsorily brought before next beneficiary sabha meeting. The beneficiary sabha shall award compensation to the complainant for the loss suffered by him/her due to non-receipt of full rations in prescribed quantities and other direct and indirect losses suffered by the complainant. This amount shall be paid by the FPS or KOD owner, as the case may be.

c. The complainant shall also be asked whether the problem had been redressed in the meanwhile or not. If the problem has not been redressed, the beneficiary sabha shall hear the shop owner. The beneficiary sabha may decide to get an enquiry done to ascertain truth by forming a committee of such people on whom both the complainant and the shop owner have faith. The matter shall again be taken up in the next beneficiary sabha meeting and on the basis of enquiry report and whether the shop owner had redressed the complaint in the meanwhile or not, the beneficiary sabha shall take all necessary steps, including cancellation of the shop.

d. If a resolution is passed by beneficiary sabha canceling any shop, the shop shall stand cancelled and proceedings shall start for allotting it to another person.

3. If anyone directly raises such an issue in any beneficiary sabha meeting, this issue must be discussed in that meeting, either at the end of the meeting or during the meeting, even if it were not in the agenda. Depending on the severity of the grievance, the beneficiary sabha may direct the shop owner to resolve the grievance in a particular manner and within directed time and may award compensation for the losses suffered by the complainant. The matter shall again be taken up in next beneficiary sabha meeting and dealt with in the manner as mentioned in point no 2 above.

4. If a shop is cancelled as above, the Panchayat Secretary shall call for applications. All such applications shall be placed before the next beneficiary sabha meeting. The shop shall be allotted to a person from the same village unless people have strong objections to all applicants from this village. Preference shall also be given to the poorest of them and those who are unemployed. If people feel he may not have the capital to run the shop, the beneficiary sabha may even decide to loan him/her some amount from gram sabha funds, after seeking approval of larger gram sabha, to be able to start his shop.

Schedule 5

Procedure for imposing penalties on officials with whom gram sabha expresses dissatisfaction

1. If many grievances are raised against an officer in a gram sabha meeting or if for any reasons, gram sabha decides that the performance of that officer is not satisfactory, the gram sabha may issue directions to that officer directing him to make amends.

2. If the officer still does not make amends, the gram sabha may decide to issue summons to that officer with or without a show cause notice to show why penalty should not be imposed upon him.

3. Upon receipt of such summons or show cause notice, it shall be incumbent upon that officer to be personally present in the next gram sabha meeting to present his explanation.

4. Depending upon his explanation and whether he has improved subsequently, the gram sabha, in its next meeting, may decide to either condone the officer with or without a warning or impose a penalty upon him.

5. If penalty is imposed upon the officer, directions shall be issued to the Panchayat Taluka, if he/she is an employee of the ward or gram sabha to deduct his/her salary to that extent, or if he is the employee of state government ot municipality, a copy of such resolution shall be sent to Ombudsman.

Schedule 6

Procedure for allowing/disallowing industrial or mining activity or land use conversion

1. If any person wishes to start any industrial or mining activity in that village or wishes to convert land use (without violating any of existing land use laws), he/she shall make an application giving all details to the Panchayat Secretary.

2. This matter shall be discussed in the next gram sabha meeting. People will get a chance to discuss the impact of such activity on the village. After discussions, people may disallow such activity or allow it at such terms and conditions as may be prescribed by gram sabha.

3. If the applicant violates any of those terms and conditions at any time in future, the gram sabha may either cancel the permission or give him time to remove those violations.

4. Decisions to allow any such activity shall be taken by a majority of two-thirds of members present and voting by simple raise of hands and decision to stop such an activity for violation of terms shall be taken by a simple majority.

Schedule 7

Procedure to be adopted for appointment of Panchayat Secretary

1. Gram sabha may prescribe qualifications required to become Panchayat Secretary. Some of these qualifications may be:

a. He should be a graduate or a post-graduate.

b. He should have been actively involved in village affairs for five years.

c. He should have reasonably good relations with most people in village.

d. He should be a resident of that village.

e. His integrity, as known to people in that village, should be beyond doubt.

f. Any other points prescribed by gram sabha.

2. Gram sabha representatives shall call for applications.

3. Gram sabha shall form a committee of four people, who shall interview the applicants and present their recommendations to the next gram sabha meeting.

4. The gram sabha may accept or reject the recommendations of the committee. Final decision shall be taken by simple vote by raising of hands.

Schedule 8

Procedure for inclusion of names in voter’s list or issue of income or residence certificates

1. Any person resident in a village may apply to Panchayat Secretary for either issue of income or residence certificate or inclusion of name in voter list or removal of name from voter list.

2. Within a week of receipt of such an application, the village secretary, on the basis of records available with him or on the basis of such enquiries as he/she deems fit, prepare his/her recommendations on each case to be put up to gram sabha in its next meeting.

3. All these cases will be discussed in next gram sabha meeting and certificates issued or recommendations made for inclusion/deletion of names from voters list on the basis of resolutions passed by Gram sabha.

Schedule 9

Procedure for appointment of Executive Officer of Panchayat Taluka

1. Panchayat Taluka may prescribe qualifications required to become Executive Officer. Some of these qualifications may be:

a. He should be a graduate or a post-graduate.

b. He should be a resident of that ward.

c. His integrity, as known to people, should be beyond doubt.

d. Any other points prescribed by Panchayat Taluka.

2. Panchayat Taluka shall form a four member search committee which will call for applications.

3. Search committee will interview the applicants and present their recommendations to the next Panchayat Taluka meeting.

4. The Panchayat Taluka may accept or reject the recommendations of the committee. Final decision shall be taken by a vote of two thirds majority of the members present and voting in that Panchayat Taluka meeting.

Schedule 10

Procedure for issue of utilization certificates and completion certificates by Executive officer.

1. Before the start of any work, the detailed estimates and sketches of the work shall be placed in Panchayat Taluka office. This shall be conveyed to all gram sabhas, who may put up notices in their office sand also inform gram sabhas in next meeting. Any member can inspect or take photocopies of the same (by paying normal copying charges).

2. While a work is going on, if the residents feel that the work is not taking place as per specifications or the execution of work is causing huge problems in any manner to the residents and the same could be avoided if the work were done in another manner, they shall inform the Executive Officer, who shall request the contractor to make necessary amends. If contractor fails to do so, the Executive officer shall order contractor to stop the work and the matter shall be placed for discussion in next Panchayat Taluka meeting.

3. If residents are not satisfied with the action taken by Panchayat Taluka, they may take up this issue in their gram sabha meeting, which may pass appropriate resolution and require Panchayat Taluka to take appropriate steps to either remove deficiencies in the work and/or remove inconveniences to the people.

4. When a contractor informs the Executive officer about the completion of a work, the Executive officer will fix a time, when any resident of that Block and the contractor shall be present for joint inspection. This date shall be adequately advertised. If any member wishes to measure the work, he/she may do so at appointed time in the presence of other members and the contractor. Any member may also pick up a sample from the work.

5. If residents are dissatisfied with the work, they may take up this issue in their gram sabha meeting, which may pass appropriate resolution and require Panchayat Taluka to take appropriate steps to remove those deficiencies before issuing such certificates.

6. The findings of the above inspection, report of samples picked up from the spot and objections received from residents or gram sabhas shall be placed in next Panchayat Taluka meeting, which will approve/disprove accordingly by a majority vote by raise of hands.

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