Section 115

Amendment status not verified — confirm the current text below against the official source.

Appointment and control of employees.— (1) Subject to the provisions of section 113 and 114, the Panchayat may, with the prior approval of the Chief Executive Officer, appoint other employees of the Panchayat and pay their salaries from the Panchayat Fund: Provided that in making appointments, the appointing authority shall reserve posts for the Scheduled Castes, the Scheduled Tribes and other socially and educationally Backward Classes of citizens in the same manner and to the same extent as is applicable for the recruitment to posts in the State Civil Services. (2) The Secretary may, with the approval of the Panchayat by order, fine, suspend or withhold, the increment of any employee appointed by the Panchayat. (3) The Panchayat may reduce in rank, remove or dismiss any employee appointed by it. (4) An appeal shall lie against an order passed by the Secretary under sub-section (2) and against an order passed by the Panchayat under sub-section (3), to the Chief Executive Officer whose decision shall be final. 96[CHAPTER IV A Constitution of Taluka Panchayats 115-A. Establishment of Taluka Panchayat and its incorporation.— (1) For each Taluka, there shall be a Taluka Panchayat having jurisdiction over the entire Taluka excluding such portions of the Taluka as are included in a Municipal Council constituted under the Goa Municipalities Act, 1968 (Act No. 7 of 1969). (2) Every Taluka Panchayat shall be a body corporate by the name specified by the Government in this behalf, and shall have perpetual succession and a common seal and may by the said name sue or be sued through its corporate name subject to such ---46--- restrictions as are imposed by or under this or any other enactment, and shall have power to acquire, hold and dispose of any property, movable or immovable, whether without or within limits of the area over which it has jurisdiction and to enter into contracts and of doing all things necessary, proper and expedient for the purpose for which it is constituted. 115-B. Composition of Taluka Panchayats.— (1) Save as otherwise provided by this Act, every Taluka Panchayat shall consist of,— (i) one member each elected by the voters from every Village Panchayat; (ii) members of the House of the People and the members of the Council of States who are registered as electors within the Taluka; (iii) the members of the State Legislative Assembly who are registered as electors within the Taluka; (iv) Sarpanch of Panchayats in each Taluka elected from amongst themselves in the ratio of one Sarpanch for a Taluka having upto 15 Panchayats and two Sarpanchas for a Taluka having more than 15 Panchayats, so long as he continues to be the Sarpanch of the Panchayat; (v) the Block Development Officer of the respective Block/Taluka shall be the Member-Secretary of the Taluka Panchayat: Provided that no such member shall be a Minister or the Speaker or the Deputy Speaker of the Legislative Assembly or the Leader of Opposition or Adhyaksha or Upadhyaksha of Zilla Panchayat or a member of Zilla Panchayat. (2) If any member of the Taluka Panchayat is elected as a Member of the Village Panchayat or Zilla Panchayat, he shall exercise option to retain the membership of the Village Panchayat or the Taluka Panchayat or the Zilla Panchayat within 10 days of his election failing which he shall cease to be a member of the Taluka Panchayat. (3) Members falling in the category in clauses (ii), (iii), (iv) and (v) of sub-section (1) shall have no right to be elected as Chairperson or Vice-Chairperson, as the case may be. 115-C. Reservation of seats.— The reservation of seats as applicable for an election to the Panchayat under the provisions of sub-sections (4), (5) and (6) of section 7 shall, mutatis-mutandis, apply to the election of members referred to in clause (i) of sub-section (1) of section 115-B. 115-D. Territorial Constituencies of Taluka Panchayats.— The Panchayat as notified by the Government under section 7 of the Act, shall be a single territorial Constituency for the purpose of election to Taluka Panchayat. 115-E. List of voters.— The ward-wise list of voters prepared under section 13 of the Act, shall form the voters list of the respective Panchayat territorial Constituencies. 115-F. Right to vote.— (1) Every person whose name is in the list of voters relating to a ward of Panchayat shall, subject to the other provisions of the Act, be entitled to vote at any election which takes place in that Panchayat territorial Constituency. (2) No person shall vote at any election under this Act in more than one Panchayat territorial Constituency or more than one in the same Panchayat territorial Constituency. 115-G. Qualification of a Candidate.— (1) A person shall not be qualified to be chosen to fill a seat in a Taluka Panchayat unless his name is included in the voters list of the Village Panchayat territorial Constituency for the time being in force. ---47--- (2) A person shall not be qualified to be chosen from a territorial Constituency to fill a seat in a Taluka Panchayat in the case of a seat reserved for women or backward classes, unless such person is a member of these classes or is a woman. 115-H. Disqualification for members.— The provisions of section 10 of the Act shall, mutatis mutandis, apply to the members of the Taluka Panchayat subject, however, that the expression ‘Panchayat’ wherever it appears in that section, shall be construed as a reference to “Taluka Panchayat”. 115-I. Vacation of seats by members.— The provisions of sub-section (1) of section 12 shall, mutatis mutandis, apply to the members of the Taluka Panchayat, subject, however, that the expression ‘Panchayat’, wherever it appears in that section, shall be construed as a reference to “Taluka Panchayat”. 115-J. Decision on question as to disqualification and on vacation of seats by members.— If any question arises as to whether a member of a Taluka Panchayat has become subject to any disqualification referred to in section 115 H or in section 115 I, it shall be decided by the State Election Commissioner whose decision thereon shall be final. 115-K. Application of certain sections relating to elections.— (1) The provisions of sections 15 to 41, 125 and 126 shall apply mutatis mutandis, in respect of election to the Taluka Panchayats, subject, however, that the expressions ‘Panchayat’ or ‘Zilla Panchayat’, wherever they appear, shall be construed as a reference to “Taluka Panchayat”. 2) The deposit as security for costs as provided under section 16, so far as Taluka Panchayat is concerned, shall, be Rs. 1000/-. 115-L. Publication of names of members, term of office, resignation of members and casual vacancies.— The provisions of section 128, 129, 130 and 132 shall, mutatis mutandis, apply in respect of all members of Taluka Panchayats, subject, however, that the expressions “Zilla Panchayat” and “Adhyaksha”, wherever they appear in those sections, shall be construed as “Taluka Panchayat” and “Chairperson” respectively. 115-M. Application of certain sections relating to election of Chairperson or Vice-Chairperson and other matters.— The provisions of sections 133, 135, 136, 137, 138, and 139 shall apply mutatis mutandis, in respect of election of Chairperson or Vice-Chairperson and other matters of Taluka Panchayats, subject, however, that the expressions “Zilla Panchayat”, “Chief Executive Officer”, and “Adhyaksha” or “Upadhyaksha”, wherever they appear in these sections, shall be construed as “Taluka Panchayat”, “Block Development Officer”, “Chairperson” and “Vice-Chair- person” respectively. 115-N. Removal of Chairperson, Vice-Chairperson or member for misconduct.— (1) The Chairperson, Vice-Chairperson or member of a Taluka Panchayat shall, after an opportunity is afforded for hearing, be removable by an order passed by the State Election Commissioner, on the ground of remiss in the discharge of duties or for any disgraceful conduct or if he has become incapable or misuses or abuses the power or exercise the powers which are not expressly vested in him by or under the Act, Rules or bye-laws framed thereunder. (2) The Chairperson or Vice-Chairperson or member so removed under sub-section (1) shall not be eligible for re-election for a period not exceeding 5 years, as the State Election Commissioner may specify in his order. The Chairperson or Vice-Chairperson removed from office may also be removed from the membership by the State Election Commissioner for such period as may be specified in his order. ---48--- 115-O. Liability and accountability of members.— Any member who has held the Office of Chairperson or Vice-Chairperson or as a Member of Taluka Panchayat at any time and has committed any acts and misdeeds or any disgraceful conduct or has caused monetary loss to the Taluka Panchayat or to the Government or committed breach of trust as a Chairperson or Vice-Chairperson or a member of Taluka Panchayat, as the case may be, shall, on removal from such office by the State Election Commissioner from the membership of the Taluka Panchayat, be personally liable for the loss, waste or misapplication of any money or other property of the Taluka Panchayat to which he has been a party and the State Election Commissioner, after giving the Chairperson or Vice-Chairperson or member concerned a reasonable opportunity for show cause to the contrary shall, by order in writing, direct to such person to pay to the Government or to the Taluka Panchayat, as the case may be, before a fixed date such amount as deems fit. 115-P. Salaries and allowances to the Chairperson, Vice-Chairperson and other members.— (1) The salary and allowances of the Chairperson and the Vice-Chairperson shall be payable from the Taluka Panchayat funds. (2) Every member of a Taluka Panchayat, other than the Chairperson or the Vice-Chairperson, shall be entitled to receive from the funds of the Taluka Panchayat such sitting fees and allowances as may be prescribed. CHAPTER IV B Functions, Duties and Powers of Taluka Panchayat, Chairperson and Vice-Chairperson 115-Q. Functions of the Taluka Panchayat.— (1) Subject to such conditions as may be specified by the Government from time to time, the Taluka Panchayat shall perform the functions specified in Schedule IA. 115-R. Assignment of functions.— (1) The Government may assign to a Taluka Panchayat functions in relation to any matters to which the executive authority of the Government extends. (2) The Government may, by notification, withdraw or modify the functions assigned under this section. (3) The Zilla Panchayat may, by order, assign to Taluka Panchayat any functions relating to any matters to which the executive authority of the Zilla Panchayat extends. 115-S. Standing Committees.— (1) The Taluka Panchayat shall have the following Committees (hereinafter called the ‘Standing Committees’), namely:— (a) General Standing Committee; (b) Finance, Audit and Planning Committee; (c) Social Justice Committee; (d) Education and Health Committee; (e) Agriculture and Industries Committee; (f) Taluka Development Committee. (2) Each Standing Committee shall consist of such number of members not exceeding five, elected by the members of the Taluka Panchayat from amongst themselves. (3) The Chairperson shall be the ex officio Member and Chairman of the General Standing Committee and the Finance, Audit and Planning Committee. The Vice- Chairperson shall be the ex officio Member and Chairman of the Social Justice Committee. The other Standing Committees shall elect the Chairman from amongst their members. ---49--- (4) No member of the Taluka Panchayat shall be eligible to serve on more than two Standing Committees. (5) The Block Development Officer shall be the ex officio Secretary of all the Standing Committees. (6) The Standing Committees shall perform such functions as may be specified in the regulations made by the Taluka Panchayat. 115-T. Delegation of powers.— The Taluka Panchayat may by notification, delegate to the Block Development Officer or other Officer, any of the powers conferred by or under this Act on the Taluka Panchayat. 115-U. General powers of Taluka Panchayat.— (1) The Taluka Panchayat shall have powers to do acts necessary for or incidental to, the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified under this Act. (2) Subject to the general or special order of the Government or Zilla Panchayat, a Taluka Panchayat may,— (a) provide the carrying out any work or measure likely to promote the health, safety, education, comfort, convenience or social or economic or cultural well-being of the inhabitants of the district; (b) contribute to associations of all India, State or Inter-State level, concerned with the promotion of local Government and to exhibitions, seminars and conferences within the district related to the activities of the Panchayat and Taluka Panchayat; (c) ensure that the grant-in aid released to the Panchayats are properly utilized and utilisation certificates sent to the sanctioning authority for the purpose for which it is sanctioned; (d) supervise any works undertaken by any Panchayat and make recommendations, if any to the work if not properly carried on; (e) call for any return, statement, account or report from any Panchayat. 115-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; (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; (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; (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. ---50--- 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. 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. CHAPTER IV C 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-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. 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; (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) supervise and control the execution of all works of the Taluka Panchayat; (d) take necessary measures for the speedy execution of all works and developmental Schemes of the Taluka Panchayat; (e) have custody of all papers and documents connected with the proceedings of the meetings of the Taluka Panchayat and its Committees. (f) draw and disburse moneys out of the Taluka Panchayat fund; and (g) exercise such other powers and discharge such other functions as may be prescribed. (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 of the Taluka Panchayat. ---51--- (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 of the 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. (4) All Officers of the Taluka Panchayat shall assist the Member-Secretary in the performance of his duties. 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 appertaining 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. 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. 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 Panchayat” and for the expression “Sarpanch or the Deputy Sarpanch”, the expressions “Chairperson or Vice-Chairperson” shall be construed. ---52--- 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