Bare ActsThe Goa Panchayat Raj Act, 1994

Section 46

Procedure for Election of Sarpanch and Deputy Sarpanch

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

Procedure for Election of Sarpanch and Deputy Sarpanch.— (1) At the first meeting of the Panchayat to be called on a day fixed by the Government the members of the Panchayat shall elect, from amongst themselves a Sarpanch and a Deputy Sarpanch. (2) Such officer as may be specified in this behalf by the Government shall preside at such meeting but shall not have the right to vote. (3) No business other than the election of the Sarpanch and Deputy Sarpanch shall be transacted at such meeting. (4) In case of equality of votes, the result of the election shall be decided by lots drawn in the presence of the Officer aforesaid in such manner as he may determine. (5) In the event of a dispute arising as to the validity of the election of the Sarpanch or the Deputy Sarpanch, the dispute shall be referred to such authority as may be specified by notification by the Government and the decision of such authority thereon shall be final. 35[“(6) The procedure for the election of Sarpanch and Deputy Sarpanch shall be such as may be prescribed.”] 36[47. Executive powers and functions of the Secretary.— 37Not withstanding anything contained in this Act and the rules framed thereunder, the Secretary shall also exercise the powers on the following matters, namely:— [\Notwithstanding anything contained in this Act and the rules framed thereunder, the Secretary shall exercise the powers on the following matters, namely:-] (i) to issue the licences for construction, repairs, modification, alteration, so also occupancy certificate in pursuance of the resolution of the Panchayat; 38[(i) to issue licences for construction, repairs, modification or alteration of a building, so also occupancy certificate thereof, in pursuance of the resolution of the Panchayat, except for repairs of building which consists of a single dwelling unit for which no resolution is required.] 39[(ii) to issue the permission/license for trade, business, industry, hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government) or a dharmashala or for manufacturing ice or aerated water or any other permission/license under section 68, ---19--- 69, 70 or 71 of this Act, in pursuance of the resolution of the Panchayat; (iii) upon an order of the Block Development Officer to issue permission/ /licence for construction, repairs, modification, alteration, or to issue permissions/license for trade, business, industry, hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government) or a dharmashala or for manufacturing ice or aerated water or any other permission/license under section 66, 68, 69, 70 or 71 of this Act, or an occupancy certificate.] (iv) to initiate action for stopping and or demolishing an unauthorized structure/ /building constructed without the permission of the Panchayat after resolution is passed to that effect; (v) to execute the resolution passed by the Panchayat body.”] 40[“47-A. Executive powers of the Sarpanch.— Notwithstanding anything contained in this Act and the rules framed thereunder, the Sarpanch shall exercise the powers on the following matters, namely:— (i) to implement the programme of welfare schemes and other developmental works; (ii) to execute and implement the resolution passed by the Panchayat on the matters not specified in section 47.] 41[47-B. Execution of order by the Secretary.— Notwithstanding anything contained in section 47, the Secretary shall execute the order passed by any Authority in any appeal or petition made before such Authority under the provisions of this Act or Rules framed thereunder, if the Panchayat fails to execute the same within the time limit as specified in such order and in case no time limit has been specified, within one month 42[within fifteen days]of passing of such order.] 43[“48. Term of office and conditions of service of Sarpanch, Deputy Sarpanch, 44[elected and co-opted] members of the Panchayat.— (1) The term of office of every Sarpanch and every Deputy Sarpanch of the Panchayat shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Panchayat. 45(2) Salary and other conditions of service of the Sarpanch, Deputy Sarpanch, elected and co-opted members of the Panchayat shall be as prescribed”.]

Section 46 – The Goa Panchayat Raj Act, 1994 | DailyLaw.ai