The Goa Panchayat Raj Act, 1994

Preamble

--- 1 --- GOVERNMENT OF GOA Law (Legal & Legislative Affairs) Department Notification 7-15-94/LA The Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994) which has been passed by the Legislative Assembly of Goa on 25-5-1994 and assented to by the Governor of Goa on 9-7-1994, is hereby published for general information of the public. P. V. Kadnekar, Joint Secretary (Law). Panaji, 13th July, 1994. The Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994) [9-7-1994] AN ACT ode to replace the present enactment relating to Panchayats by a comprehensive legislation. Whereas it is expedient to replace the present enactment by a comprehensive enactment to establish a two-tier Panchayat Raj System in the State with elected bodies at village and district levels, in keeping with the Constitution Amendment relating to Panchayats for greater participation of the people and more effective implementation of rural development programmes. Be it enacted by the Legislative Assembly of the State of Goa in the Forty-fifth Year of the Republic of India as follows :- CHAPTER I Preliminary

Sections

Type to filter. 232 sections.

1. 1Short title and commencement
2. 2Definitions
3. 3Declaration of Panchayat areas and establishment of Panchayats
4. 4Gram Sabha
5. 6Functions of Gram Sabha
6. 7Constitution of Panchayats
7. 8Incorporation of Panchayats
8. 9Qualification for membership
9. 10Disqualification for membership
10. 11Decision on questions as to disqualification
11. 12Vacation of seat by members
12. 13Lists of Voters
13. 14Right to vote
14. 15Election of members
15. 16Election Petition
16. 17Contents of petition and relief that may be claimed
17. 18Trial of election petition
18. 20Grounds for declaring election to be void
19. 21
20. 22Procedure in case of equality of votes
21. 23Corrupt practices
22. 24Order as to corrupt practices
23. 25Communication of orders
24. 26Fresh election if a seat becomes vacant
25. 27Prohibition of canvassing in or near polling station
26. 28Penalty for disorderly conduct in or near polling stations
27. 29Penalty for misconduct at polling station
28. 30Maintenance of secrecy of voting
29. 31Officers etc., at elections not to act for candidate or influence voting
30. 32Breaches of official duty in connection with elections
31. 33Removal of ballot papers from polling stations to be an offence
32. 34
33. 35Promotion of enemity between classes in connection with election
34. 36
35. 37
36. 38Disturbance of election meetings
37. 39Restrictions on the printing of pamphlets, posters etc
38. 41Prosecution in certain offences
39. 42Term of office
40. 43Commencement of term of office
41. 44Resignation of member
42. 45Reservation of office of Sarpanch and Deputy Sarpanch
43. 46Procedure for Election of Sarpanch and Deputy Sarpanch
44. 49Appointment of Sarpanch during vacancy in the office
45. 50Resignation or Removal of Sarpanch or Deputy Sarpanch
46. 51Motion of no confidence against Sarpanch and Deputy Sarpanch
47. 52Procedure at meeting
48. 53Casual Vacancies
49. 54Meeting of the Panchayat
50. 55Quorum and Procedure
51. 56Modification or cancellation of resolution
52. 57Minutes
53. 58Interpellations and resolutions
54. 59Validity of proceeding
55. 60Functions of the Panchayat
56. 61Assignments of functions
57. 62General powers of the Panchayat
58. 63Standing Committees
59. 64Powers and duties of the Sarpanch and Deputy Sarpanch
60. 65Power of Panchayat as to roads, bridges, etc
61. 66Regulation of the erection of buildings
62. 67
63. 68Permission for the construction of factories and the installation of machinery
64. 69Prohibition of offensive or dangerous trades without licence
65. 70Control of hotels etc
66. 71Licensing of shops
67. 72Provisions applicable to permission and licences
68. 73Obstructions and encroachments upon public streets and open sites
69. 74Transfer of any work or institutions to Panchayat
70. 75Power to name streets and number buildings
71. 76Removal of structures, trees, etc., which are in ruins or likely to fall
72. 77Power as to sanitation, conservancy and drainage
73. 78Contribution from persons having control over places of pilgrimage, etc
74. 79Power for providing adequate water supply
75. 80Power of Panchayat to make bye-laws regarding provisions of water supply
76. 81Appointment of Joint Committee
77. 82Power of entry
78. 83Filthy buildings, etc
79. 84Powers and duties in regard to sources of water supply
80. 85Remedy for non-compliance with directions issued
81. 86Power to set apart public springs, etc., for certain purposes
82. 87Power to prohibit use of water from certain sources
83. 88Penalty for using water for certain purposes
84. 89Abatement of nuisance from foul water
85. 90Closing of places for the disposal of the dead
86. 91Power of entry into building, etc
87. 92Disinfection of buildings etc
88. 93Articles exposed to infection
89. 94Registration of burial and burning grounds
90. 95Licensing of places for disposal of the dead
91. 96
92. 97Prohibition against burying or burning, in unauthorized places
93. 98
94. 99Public landing places, cart stands, etc
95. 100Regulation of huts
96. 101Power for making drains
97. 102Sufficient drainage of houses
98. 103Power of owner or occupier of buildings or lands to drain into Panchayat drains
99. 104Right to carry drain through land or into drain belonging to other persons
100. 105
101. 106Provision of privies, etc
102. 107Cost of altering, repairing and keeping in proper order privies, etc
103. 108Inspection of drains, etc
104. 109Dangerous quarrying
105. 111Emission of smoke
106. 112Prohibition of nuisance
107. 113Secretary
108. 114Staffing pattern and schedule of employees
109. 115Appointment and control of employees
110. 116Establishment of Zilla Panchayat and its incorporation
111. 118Reservation of seats
112. 119Delimitation of territorial constituencies
113. 120Right to vote
114. 121Electoral Roll
115. 122Qualification of a candidate
116. 123Disqualification for members
117. 124Vacancy of seat
118. 125Method of voting and procedure for election
119. 126Prohibition of simultaneous membership
120. 127Application of certain sections relating to elections
121. 128Publication of names of members
122. 129Term of office of member
123. 130Resignation of members
124. 131Removal of Members for misconduct
125. 132Casual vacancy
126. 133Election of Adhyaksha and Upadhyaksha and term of office
127. 135Resignation or removal of Adhyaksha and Upadhyaksha
128. 136Meeting of Zilla Panchayat
129. 137Interpellations and Resolution
130. 138
131. 139Validity of proceedings
132. 140Functions of the Zilla Panchayat
133. 141Assignment of functions
134. 142Standing Committees
135. 143Delegation of powers
136. 144Power to divert discontinue or close road
137. 145General powers of Zilla Panchayat
138. 146Control of unwieldy traffic
139. 147Powers and duties of the Adhyaksha
140. 148Powers and duties of the Upadhyaksha
141. 149Mode of making contracts
142. 150Chief Executive Officer and other Officers
143. 151Functions, powers and duties of the Chief Executive Officer and other Officers
144. 152Chief Executive officer's right to requisition records, etc
145. 153
146. 154Recovery of taxes and other dues
147. 155Appeal against assessment etc
148. 156Composition of taxes in factory areas
149. 157Agency for collection
150. 158Panchayat may acquire, hold and dispose of property, etc
151. 159Vesting of property in Panchayat
152. 160Grants to a Panchayat or a Zilla Panchayat
153. 161Panchayat Fund
154. 162Application of Panchayat Fund and property
155. 163Panchayat may raise loans and form a sinking fund
156. 164Zilla Panchayat may acquire, hold and dispose of property, etc
157. 165Vesting of property in Zilla Panchayat
158. 166Zilla Panchayat Fund
159. 167Custody and investment of Zilla Panchayat Fund
160. 168Application of Zilla Panchayat Fund and property
161. 169Rents and Fees
162. 170Zilla Panchayat may raise loans and form a sinking fund
163. 171Prohibition of expenditure not covered by the Budget
164. 172Government may place roads and other property under Zilla Panchayat
165. 173Power of inspection and supervision
166. 174Technical supervision and inspections
167. 175Director and Chief Executive Officer's powers in respect of Panchayat and Zilla Panchayat
168. 176
169. 177Inquiry into affairs of Panchayat, or Zilla Panchayat by the Government
170. 178Power of suspending execution of unlawful orders or resolution
171. 179Purchase of stores and equipments
172. 180Power to appoint Administrator in certain cases
173. 181Director's power to specify the role of Panchayats
174. 182Presentation of accounts and budget of Panchayat
175. 183Revision of budget
176. 184Maintenance of accounts and restriction of expenditure
177. 185Transmission of accounts
178. 186Power to write off irrecoverable amounts
179. 187Audit of accounts
180. 188Presentation of accounts and budget of Zilla Panchayat
181. 189Revision of budget
182. 190Supplementary budget
183. 191Maintenance of accounts and restrictions of expenditure
184. 192Transmission of accounts
185. 193Power to write off irrecoverable sums
186. 194Audit of Accounts
187. 195Action by Zilla Panchayat on audit report
188. 196Recovery of amounts disallowed
189. 197Procedure for recovery of dues of Zilla Panchayat
190. 198Conditions of distraint and sale
191. 199Finance Commission
192. 200Dissolution of Panchayats
193. 201Appeals
194. 202Power over decisions of committees
195. 203Requisition of premises, vehicles, etc., for election purposes
196. 204Payment of compensation
197. 205Power to obtain information
198. 206Power of entry into and inspection of premises, etc
199. 207Eviction from requisitioned premises
200. 208Release of premises from requisitioning
201. 210Liability of Members of Panchayats and Zilla Panchayats for loss, waste or misapplication
202. 211
203. 214Wrongful obstruction of certain of icers
204. 216Prohibition against removal or obliteration of notice
205. 218Bidding prohibited
206. 219
207. 220Damage to any property of Panchayats and how made good
208. 221Restrictions with respect to institution of suits against a Panchayat or Zilla Panchayat
209. 222Injunctions not to be granted in election proceedings
210. 224
211. 225Expenses or costs how determined and recovered
212. 226Bar of suits, etc
213. 227Alternative programme by suit
214. 228Punishment for offences under this Act and powers to compound
215. 229Annual administration report
216. 230Adjustment of Government dues, etc
217. 231
218. 232Transfer of property may be subject to conditions
219. 233Saving of acts and proceedings
220. 234Procedure for consultation
221. 235Method of serving notices etc
222. 236Official display of flag
223. 237State Election Commission
224. 238Preparation of development plan
225. 239District Planning Committee
226. 240Power of Government to make rules
227. 241Amendment of 171[Schedules I, IA, II and III]
228. 242Power of Zilla Panchayat to make regulations
229. 243Power of Panchayat to make bye-laws
230. 244
231. 245Repeal and savings
232. 246Removal of difficulties