Induction Training Programme for Gram Sevaks. THE GOA PANCHAYAT RAJ ACT: AN OVERVIEW SEEMA FERNANDES

1. Induction Training Programme for Gram Sevaks.THE GOA PANCHAYAT RAJ ACT: AN OVERVIEW SEEMA FERNANDES Faculty, Public Administration- GIRDA

2. 73rd AmendmentAct Constitution of panchayats and to be filled up by persons - election Gram sabha- exercise such powers & functions as the State govt may provide 3 tier system Reservation for women/scheduled castes/ST 5 year term

3. No power to dissolve panchayat before the term Independent election commission Finance commission

4. DECENTRALISED DEMOCRACY

5. PARTICIPATORY DEMOCRACY

9. IMPORTANT PROVISIONS OF THE GOA PANCHAYAT RAJ ACT 1994 OBJECT:- For Greater Participation of the People and more effective implementation of Rural Development Programmes.

10. CONSTITUTION OF PANCHAYATS :SEC. 3 & 7 After making inquiry Govt./publication by notification declare a local area comprising of a village or a group of villages or any part or combination of 2 parts of Villages as a Panchayat increase the area of any Panchayat diminish the area of any Panchayat alter the headquarters of any Panchayat alter the name of any Panchayat cease the Panchayat. Vfgg Vfgg

11. 300 voters are required to form a ward and 1500 to form Village Panchayat  Type members A 11 B 9 C 7 D 5 POPULATION More than 8,000 More than 5,000 but not more than 8,000 More than 2,000 but not more than 5,000 1,500 or more but not more than 2,000

12. No of blocks & VPs

13. THE GOA PANCHAYAT (GRAM SABHA MEETING) RULES 1996 Ordinary Gram Sabha meeting to be held on any Sunday of January, April, July and October (Sect. 5 (1). Special meeting on 26th January, 15th August, 2nd October and 19th December every year (Sect. 5 (2). Sarpanch to convene the meeting (Sect. 5 (1). All electors in Electoral Roll of a Panchayat constitute a Gram Sabha

14. Sarpanch in his absence Dy. Sarpanch in absence of both ward member or in absence of all any member chosen by Gram Sabha. Quorum � One tenth of total number of members of Gram Sabha. --- If no quorum wait for fifteen minutes or adjourn for half an hour and when it reassembles no quorum is required. Block Development Officer to send observer. Subjects to be discussed as per Sec. 6.

15. NOTICES 7 days for ordinary GS 4 days for special GS Notices to be put on notice board/prominent places Newspapers Announcements People can ask for copies of gram sabha meetings

16. Functions of the Gram Sabha Annual statement of accounts. Annual administration report Budget estimates Development & other programmes of the work proposed for the current financial year Proposal for fresh taxation Proposal for organising community service etc

17. Contd.. Identificatioon of beneficiaries under various schemes/programmes Determination of work on priority basis to be undertaken Utilisation certificates for developmental works undertaken by the panchayats Constitute 2 supervisory committees to supervise the panchayat work & other activities Ward devt committees

18. Ward devt committees: Every village should constitute one or more WDCsConstitution and func of WDC & preparation of Annual Plan Rules,

19. Vacation Absent for more than 3 consecutive ordinary meetings without leave of panchayats or absent from state for more than 4 consecutive months If leave decision not given within 1 month then deemed Absent with permission for 6 mths but fails to attend the next meet after expiry of this leave Any question on disqualification on this

20. S.42 TERM OF OFFICE S.44 RESIGNATION OF MEMBER S:50 RESIGNATION AND REMOVAL OF SARPANCH AND / OR DY. SARPANCH Sarpanch director, Dy Sarpanch Sarpanch S:51 MOTION OF NO CONFIDENCE Majority BDO S:54 MEET OF PANCHAYATS TWICE A MONTH

21. Notice in Form A (Rule 4) to be issued by Secretary at least 7 clear days in advance in case of ordinary meeting and three clear days in case of Special Meeting to all the members (Sect. 54(3)). One copy to be affixed on Notice Board of Village Panchayat. (Sect. 54(3)). Sarpanch has no power to adjourn the meeting unless the resolution to adjourn is passed by majority of members

22. The person presiding has casting vote and exercise a second vote. Every meeting of Village Panchayat is open to public (Rule 10). Secretary to write the proceedings of the meeting (Sect. 113 A-II) and the copies of proceedings to Block Development Officer /Director of Panchayats within 10 days of the meeting (Rule 34).

23. FUNCTIONS OF THE V.P: S47: EXECUTIVE POWERS OF THE V.P.S Issue of license Issue of Occupancy Certificate Execute resolutions passed by the Panchayat S60 (1) As per Schedule I. S:61 Assignment of Functions / Powers by the Govt. S:63 Standing Committees. S:66 Regulation of erection of buildings.

24. S73: Obstruction and encroachment upon public street and open spaces. S76: Removal of structures, trees, etc. S77: Power as to sanitation, conservations and drainage. S100: Regulation of huts. S112: Prohibition of nuisance. S143: Powers of Panchayat to make bye-laws.

25. DUTIES OF THE PANCHAYAT SECRETARY : S:113- Attend every Panchayat meet and Gram Sabha Write the proceedings Place all correspondence before Sarpanch and all members during meet (except confidential matters) Receive, scrutinize and dispose of all correspondence Finalize agenda for meet in consultation with Sarpanch

26. Report to BDO vacancy of Sarpanch, Dy. Sarpanch or Member. Report to BDO any illegal act, abuse of power by Sarpanch or Dy. Sarpanch. Report to BDO any member attracts disqualification u/s. 10. Maintain all the Registers under Rules & as directed by the BDO. Custodian of Panchayat funds, assets and all registers maintained by the Panchayat.

27. Comply with the directions issued by the BDO and other superior authorities. Maintain cordial relations with elected members. Ensure grants released by the Govt. are utilized properly.

28. POWERS, FUNCTIONS & DUTIES OF SARPANCH AND DY. SARPANCH S:47 (A) EXECUTIVE POWERS OF THE SARPANCH Implement welfare schemes and other developmental works. To execute and implement resolutions other than specified u/s. 47.

29. 64 (1) Convene meetings Access to Panchayat Records Supervision and control of Officers & Employees Expenditure not more than Rs. 1000/- p.m. Leave to employees Place before Panchayat correspondences received from Govt., Director, CEO, etc. Hold Gram Sabha. Recover tax, fees and other dues.

30. Audit report before meet, enable compliance. Stop illegal construction place before next meet of Panchayat Remove encroachment/obstruction in public properties, streets, drains, open site, etc. Ensure compliance and provisions of the G.P. Raj Act.

31. Comply with the Directions/Instructions issued by Director, CEO, Dy. Director, BDO. Convene emergency meet. Dy. Sarpanch to act as Sarpanch in his absence.

32. POWERS OF THE GOVT. S: 177 power of Govt. to institute inquiry into illegalities in /by a Panchayat. 2. S: 180 Power of Govt. to appoint an Administrator 1. Situations when the general election or any subsequent proceedings has been stayed by Court. 2. All the members or atleast more than � resign. 180(2)- powers of the Administrator. 3. S: 200 Dissolution of Panchayats 1414

33. Reasons : Panchayat (1) exceeds its powers (2) abuses its powers (3) not competent to perform its duties (4) persistent Remiss in duties under G.P. Raj Act or any other law for the time being in force.

34. 4. S.244 Power of Govt. to make model Bye-laws. 5. S244 A Power of Govt. to perform any of the functions in Schedule I without consulting the Panchayat.

35. POWERS & FUNCTIONS OF DIRECTOR 1. S: 173 Power of Inspection & Supervision Director and any other Officer authorized by him S 174 : Technical Supervision by the Head of the Department, + Officer at the Divisional Level S : 176 Directors power to compel Panchayats to perform a duty which is not performed by it. S : 178 Power of Director to suspend unlawful resolutions

36. 5. S : 210 A) Liability of a member for removal by Director, for abuse, misuse, persistent remiss in duty, detrimental acts to the Panchayat be removed for not exceeding 5 years.

37. S: 175 CEOs POWERS with reference to PANCHAYATS Call for Panchayats proceedings / extract / any return or statement of account / report. Direct Panchayats to take into consideration any objection. Order a duty to be performed by the Panchayats within a specified period failing which to appoint a person to do the duty and recover expenses from the Panchayats. Panchayats can appeal to Director within 30 days.

38. Direct a Panchayat to levy a tax if the Panchayat has failed to do so. Call a meet of the Panchayat or its committee if the same is not held S : 115 Appointment of staff with the approval of CEO S 287 (8) CEO may disallow any expenditure unauthorized incurred. surcharge the expenditure to the person who incurred with 15% interest, failing which to recover as arrears of Land revenue. Appeal in that case shall lie to the Director within 30 days.

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