Chapter M THE

GRAM P ANCHAYAT AND ELEC TIONS 12. (1) As soon as may be, after its constitution , every Gram Sabha shall elect by direct election an Executive Committee called the Gram Panchayat and a Chairperson of that Committee to be known as the Sarpanch.

1. (2) A Gram Panchayat shall, consist of such number of seats , including the Sarpanch not being less than nine or more than fifteen , as the Director Panchayat may, with prior approval of the Administrator notify.
2. (3) The ratio between the population of the territorial area of a Gram Panchayat and the number of seats in that Panchayat to be filled by election shall , so far as practicable, be the same throughout the Union territory.
3. (4) Each Gram Panchayat area shall be divided by the Election Commission into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall , so far as practicable , be the same throughout the Gram Panchayat area.
4. (5) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Gram Panchayat and the number of seats so reserved shall bear , as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Gram Panchayat as the population of the Scheduled Castes and the Scheduled Tribes in that Gram Functions of Gram Sabha. Supervisory Committees of Gram Sabha Constitution of Gram Panchayats. Person qualified to vote and be elected. EXTRAORDINARY No. : 32 DATED : 17T" AUGUST, 2012. Panchayat area bears to the total population of that area and such seats shall be a ! loned by the Election Commission by rotation to different constituencies in a Gram Panchayat, in such manner as may be prescribed: Provided that no such reservation shall be necessary if the total population of the Scheduled Castes or the Scheduled Tribes in a Gram Panchayat is less than half the proportionate population required to fill one seat.
5. (6) Not less than one - half of the total number of the seats reserved under sub - section (5), shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes.
6. (7) Not less than one-half ( including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes ) of the total nwnber of seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by the Election Commission by rotation to different constituencies in a Gram Panchayat

, in such manner as may be prescribed.

1. (8) The number of seats to be reserved under sub - sections(6) and( 7), shall be determined by the Administrator , by an order published in the Official Gazette.
2. (9) The Administrator shall reserve-
   • (a) the number of offices of Sarpanch in the Gram Panchayats for the Scheduled Castes and the Scheduled Tribes which shall bear , as nearly as may be, the same proportion to the total number of such offices in the Gram Panchayats as the population of the Scheduled Castes and the Scheduled Tribes in the area of Union territory to which this Regulation extends bears to the total population of such area;
   • (b) not less than one-half of the total number of offices ofSarpanch in the Gram Panchayats for women:

1. (1) Every member of Gram Sabha shall , unless disqualified under this Regulation or any other law for the time being in force , be qualified to vote at an election to the Gram Panchayat or at a meeting of the Gram Sabha.
2. (2) Every member of a Gram Sabha shall, unless disqualified under this Regulation or under any other law for the time being in force, be qualified to be elected to fill up a seat in the Gram Panchayat as a member or as its Sarpanch or as both: Provided that if a person is elected to both the offices of a member as well as Sarpanch, he shall resign either of the two offices within a period of fourteen days from the date of the publication of the result in the Official Gazette, failing which his seat in the Gram Panchayat shall become vacant.
3. (3) The vacancy caused by the result of such resignation, shall be filled by holding a bye-election for the purpose.

1. (1) A person shall be disqualified for being chosen as, and for being , a member of Lion . a Gram Panchayat, or to continue as such , if he,-
   • (a) has failed to pay arrears for more than one year of any tax , fee or any sum due to the Gram Panchayat: Provided that such disqualification shall be operative only if notice for such arrears has been duly served upon such person and such arrears have been displayed on the public notice board of the Gram Panchayat not less than three months prior to the date of election; or
   • (b) holds any salaried office or office of profit under the Gram Sabha or the Gram Pancbayat; or EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
   • (c) hasdirectly or indirectly or through immediate family member any share or monetary interest in any work done byor to the Gram Panchayat or in any contract or employment with or under or by or on behalfof, the GramPanchayat; or
   • (d) is a Government servant or in service in any of municipality or Gram Panchayat; or
   • (e) has been dismissed from the service of the Government or of municipality or Gram Panchayat for misconduct within five years prior to the dateof poll; or Q) has not attained the age oftwenty-one years; or
   • (g) has been ordered to give security for good behaviour under section 109 or 2 of 1974.section 110 of the Code of CriminalProcedure , 1973; or
   • (h) has been convicted by a criminal court of any offence involving violence or moral turpitude and sentenced to imprisonment for not less than three months and five years have not elapsed since his release: or
   • (r) is without permission of the GramPanchayat, absent from three consecutive meetings; or 0) is ofan unsound mind and has been so declared by a competent court; or
   • (k) has been declared by a competent court to be an insolvent; or
2. (1) has been disqualified under any law for thetime being in force bycompetent court for adopting a corrupt practice or for commission of an election offence at an election during the period of such disqualification; or
   • (m) subject to clause (1), is so disqualified by or under any law for the time being in force for the purposes of election to the Houseof thePeople; or
   • (n) is not a citizen of India.
3. (2) A person shall be disqualified for being a member ofthe Gram Panchayat if he is so disqualified under the

If any question arises as to whether a person has become subject to any Decision on disqualification referred to in section 7 or section 13 or section 14, it shall be referred to the disqualification. Administrator and his decision thereon shall be final: Provided that before giving any decision on any such question, the Administrator shall obtain the opinion ofthe Election Commission and shall act according to such opinion.

( including the manner of voting ) as may be prescribed and on such date or dates as the Administrator may, in consultation with the Election Commission , by notification direct: Provided that a casual vacancy shall be filled-up within a period of six months from the date of occurrence of such vacancy:

1. (1) On the constitution of a Gram Panchayat for the first time under this Regulation or on the expiry of the term of a Gram Panchayat or on its reconstitution, a meeting shall be called on a date fixed by the Administrator for the election of Upa-Sarpanch in such manner as may be prescribed.
2. (2) The officer appointed by the Administrator shall preside over such meeting, but shall not have the right to vote.
3. (3) No business other than the election of the Upa-Sarpanch shall be transacted at such meeting. Election of members. Election of Ups-Sarpanch. Executive functions of Sarpanch. Duration of Gram Panchayat. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
4. (4) In case ofequality of votes, the result of theelection shall be decided by draw of lots in the presence of officer referred to in sub -section (2), in such manner as he may determine.

responsibility for the due fulfilment of the duties imposed on the Gram Panchayat under this

1. (1) Every Gram Panchayat , unless sooner dissolved under any law for the time being in force , shall continue for five years from the date appointed for its first meeting and no longer.
2. (2) Notwithstanding anything contained in sub-section ( 1), the members of the. Gram Panchayats functioning immediately before coming into force ofthis Regulation, shall continue to hold their office till the expiration of the term specified under sub - section( 1) of section 21 of the Goa , Daman and Diu Panchayats Regulation, 1962.
3. (3) An election to constitute a Gram Panchayat shall be completed- (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder ofthe period for which the dissolved Gram Panchayat would have continued is less than six months , it shall not be necessary to hold any election under this sub-section for constituting the Gram Panchayat for such period.
4. (4) A Gram Panchayat constituted upon the dissolution of the Gram Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under sub-section (1), had it not been so dissolved. Oath of 20. (1) As soon as may be, on the first meeting of the Gram Panchayat, every member office. thereof and Sarpanch and Upa-Sarpanch shall take the oath of office before such officers as the Administrator may specify, in the form set out in the First Schedule.
5. (2) No member who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall he be included as a member of any Committee constituted by the Gram Panchayat.

1. (1) Any member of the Gram Panchayat may resign his office by giving notice in of office. U t th t ff t h Motion of no confidence.

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to t e Sarpanch under intimation to inc Chief Executive Officer and such resignation shall take effect from the date of its acceptance by the Sarpanch.

1. (2) The Upa-Sarpanch may resign his office by giving notice in writing to the Sarpanch under intimation to the Chief Executive Officer and such resignation shall take effect from the date of its acceptance by the Sarpanch.
2. (3) The Sarpanch may resign his office by giving notice in writing to the Chief Executive Officer and such resignation shall take effect from the date of its acceptance by the Secretary Panchayat.
3. (4) Where the office of the Sarpanch or Upa- Sarpanch falls vacant , the members of the Grain Panchayat may elect any person from amongst themselves by a simple majority to act as Sarpanch or Upa - Sarpanch, as the case may be , pending the election for such offices. 22. (1) A motion of no confidence may be moved against Sarpanch or Upa - Sarpanch by not less than one third of the total members of the Gram Panchayat after giving notice thereofto the Sarpanch under intimation to the Chief Executive Officer: Provided that no such notice shall be given before six months of assumption of office by the Sarpanch or the Upa - Sarpanch. EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012.
4. (2) A special meeting of the Gram Panchavat shall be convened within a period of fifteen days from the date on which the motion of no confidence has been moved to deliberate on, and decide the no confidence motion.
5. (3) If the motion of no confidence is carried by a majority of the total number of members of Gram Panchayat , then, the Gram Panchayat shall recommend to the Gram Sabha the removal of the Sarpanch or the Upa-Sarpanch , as the case may be, from his office.
6. (4) On receipt of recommendation under sub -section ( 3), a meeting of the Gram Sabha shall be convened with a quorum of not less than one third of the total membership of the Gram Sabha and the recommendation shall be approved by majority of members present and voting.
   • (S) Upon the approval of the recommendation under sub -section ( 4), the Sarpanch shall cease to hold office after a period of three days from the date on which the recommendation is approved unless he has resigned earlier.
7. (6) If the recommendation of the Gram Panchayat is not approved by the Gram Sabha under sub-section ( 4) or there is no quorum in the special meeting of the Gram Sabha, no fresh motion of no confidence shall be moved against the Sarpanch in the Gram Panchayat within a period of six months from the date on which the recommendation fails to acquire approval of the Gram Sabha or the date on which the recommendation could not be considered for lack ofquorum.
8. (7) Notwithstanding anything contained in this Regulation , the Sarpanch or Upa- Sarpanch , for the removal of whom the motion of no confidence or recommendation under sub-section ( 3) is under consideration , shall not preside over a meeting of Gram Panchayat under sub-section ( 2) and Gram Sabha under sub-section ( 4) but he shall have a right to speak or otherwise take part in the proceedings of such meetings. 23. (1) The Secretary Panchayat may, after giving due notice to the Panchayat and Removal after such inquiry as he thinks fit, remove from office any member ( including the Sarpanch or from office. Upa-Sarpanch ) of a Gram Panchayat who has been guilty of misconduct or neglect of duty or persistent remissness in the discharge of duties and the member so removed shall not be eligible for re - election during the remainder of the term of Panchayat.
9. (2) Any person who has been removed from his office by the authority referred to in sub-section ( 1) may, within thirty days from the date of the order, prefer an appeal to the Administrator who may , after giving the appellant an opportunity ofbeing heard, modify, set aside or confirm the order of removal.
10. (3) The order of removal so passed by the authority referred to in sub - section (1), shall not take effect before the period, during which an appeal may be preferred under sub - section (2), has expired. ( 4) An order passed by the Administrator on appeal shall be final.
11. (5) Where an appeal has been filed under sub - section ( 2), the Administrator may stay the operation of the order of the authority referred to in sub - section (1) till the appeal is disposed of.

- Sarpanch by not less than one third of the total members of the Gram Panchayat after giving notice thereofto the Sarpanch under intimation to the Chief Executive Officer: Provided that no such notice shall be given before six months of assumption of office by the Sarpanch or the Upa - Sarpanch.

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1. (2) A special meeting of the Gram Panchavat shall be convened within a period of fifteen days from the date on which the motion of no confidence has been moved to deliberate on, and decide the no confidence motion.
2. (3) If the motion of no confidence is carried by a majority of the total number of members of Gram Panchayat , then, the Gram Panchayat shall recommend to the Gram Sabha the removal of the Sarpanch or the Upa-Sarpanch , as the case may be, from his office.
3. (4) On receipt of recommendation under sub -section ( 3), a meeting of the Gram Sabha shall be convened with a quorum of not less than one third of the total membership of the Gram Sabha and the recommendation shall be approved by majority of members present and voting.
   • (S) Upon the approval of the recommendation under sub -section ( 4), the Sarpanch shall cease to hold office after a period of three days from the date on which the recommendation is approved unless he has resigned earlier.
4. (6) If the recommendation of the Gram Panchayat is not approved by the Gram Sabha under sub-section ( 4) or there is no quorum in the special meeting of the Gram Sabha, no fresh motion of no confidence shall be moved against the Sarpanch in the Gram Panchayat within a period of six months from the date on which the recommendation fails to acquire approval of the Gram Sabha or the date on which the recommendation could not be considered for lack ofquorum.
5. (7) Notwithstanding anything contained in this Regulation , the Sarpanch or Upa- Sarpanch , for the removal of whom the motion of no confidence or recommendation under sub-section ( 3) is under consideration , shall not preside over a meeting of Gram Panchayat under sub-section ( 2) and Gram Sabha under sub-section ( 4) but he shall have a right to speak or otherwise take part in the proceedings of such meetings.

after such inquiry as he thinks fit, remove from office any member ( including the Sarpanch or from office. Upa-Sarpanch ) of a Gram Panchayat who has been guilty of misconduct or neglect of duty or persistent remissness in the discharge of duties and the member so removed shall not be eligible for re - election during the remainder of the term of Panchayat.

1. (2) Any person who has been removed from his office by the authority referred to in sub-section ( 1) may, within thirty days from the date of the order, prefer an appeal to the Administrator who may , after giving the appellant an opportunity ofbeing heard, modify, set aside or confirm the order of removal.
2. (3) The order of removal so passed by the authority referred to in sub - section (1), shall not take effect before the period, during which an appeal may be preferred under sub - section (2), has expired. ( 4) An order passed by the Administrator on appeal shall be final.
3. (5) Where an appeal has been filed under sub - section ( 2), the Administrator may stay the operation of the order of the authority referred to in sub - section (1) till the appeal is disposed of.

Casual Panchayat , shall be filled for the remainder of his term by election in accordance with the vacancy. provisions of this Regulation: Provided that in the case of a seat or the office of Sarpanch reserved for the Scheduled Caste or the Schedule Tribe or women , no person other than the member of the Scheduled

1. (1) There shall be a Panchayat Secretary for every Gram Panchayat who shall be officers and appointed by the Administrator and draw his salary and allowances from Gram Fund . servants of (cram Panchayat. EXTRAORDINARY No. , 32 DATED : 17TH AUGUST, 2012. Meetings of Gram Panchayat.
2. (2) The Panchayat Secretary shall be in charge of the office of the Gram Panchayat and shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this Regulation or any rules or bye - laws made thereunder.
3. (3) Subject to rules as may be framed by the Administrator regarding discipline and control, the Panchayat Secretary shall act in all matters under the general supervision of the Sarpanch through whom he shall be responsible to the Gram Panchayat.
4. (4) The Gr a m Panchayat may appoint such other officers and employees and in such number as may , from time to time , be necessary with the prior approval of the Administrator and in the manner as maybe prescribed: Provided that no post shall be created for which no budget provision is made and is not provided in the staffing pattern approved by the Administrator.
5. (5) Theposting and transfer of thestaff recruited under sub -section ( 4), shall rest with the Chief Executive Officer.
6. (6) The terms and conditions of service and duties of Panchayat Secretary and the terms and conditions of service of other officers shall be such as may be prescribed. 26. (1) The time and place of meetings of a Gram Panchayat and the procedure to be followed at such meetings shall be such as may be prescribed.
7. (2) A member of a Gram Panchayat may, at any meeting, move any resolution and put questions to the Sarpanch or the Upa-Sarpanch on matters connected with the administration of the Gram Panchayat in such manner as may be prescribed.
8. (3) No resolution of a Gram Panchayat shall be amended , varied or cancelled by the Gram Panchayat within a period of three months from the date of passing thereof except by a resolution supported by two - thirds of the total number of members of the Gram Panchayat. Committees . 27. (1) Subject to such control and restrictions as may be prescribed , a Gram Panchayat may appoint Committees for exercising such of its powers and discharging such of its duties and functions as it may specify.
9. (2) A Committee appointed under sub - section( 1), shall consist of not more than five members and may be dissolved or reconstituted for such reasons and in such manner as may be prescribed.
10. (3) Every Gram Panchayat shall have the powers to annul , revise or modify any decisions taken by any of its Committees. Proceedings 28. No act or proceeding of a Gram Panchayat or of any Committee thereof shall be not to be deemed to be invalid by reason of the existence of any vacancy. invalid in certain cases . CHAPTER IV Duties and functions of Gram Panchayat. Control or Gram Panchayat on certain properties.

followed at such meetings shall be such as may be prescribed.

1. (2) A member of a Gram Panchayat may, at any meeting, move any resolution and put questions to the Sarpanch or the Upa-Sarpanch on matters connected with the administration of the Gram Panchayat in such manner as may be prescribed.
2. (3) No resolution of a Gram Panchayat shall be amended , varied or cancelled by the Gram Panchayat within a period of three months from the date of passing thereof except by a resolution supported by two - thirds of the total number of members of the Gram Panchayat. Committees .

, a Gram Panchayat may appoint Committees for exercising such of its powers and discharging such of its duties and functions as it may specify.

1. (2) A Committee appointed under sub - section( 1), shall consist of not more than five members and may be dissolved or reconstituted for such reasons and in such manner as may be prescribed.
2. (3) Every Gram Panchayat shall have the powers to annul , revise or modify any decisions taken by any of its Committees. Proceedings 28. No act or proceeding of a Gram Panchayat or of any Committee thereof shall be not to be deemed to be invalid by reason of the existence of any vacancy. invalid in certain cases . CHAPTER IV Duties and functions of Gram Panchayat. Control or Gram Panchayat on certain properties. Powmts,DuTms AND FUNCnoNS OFGttAnt PANauYAT

1. (1) It shall be the duty of Gram Panchayat, so faras the Gram Fund may allow, to make reasonable provision within its jurisdiction, in regard to the matters specified in the Second Schedule.
2. (2) Subject to the provision of sub - section( 1) a Gram Panchayat shall have powers and responsibilities to make plans and implement schemes for the development and social justice including those in relation to the matters specified in the Second Schedule. 30. (1) The Gram Panchayat in respect of all roads, streets, bridges , culverts and other properties placed by the Administration under sub-section ( 1) of section 37 under its direction, management and control, subject to the provisions of any other law for the time being in force, may do all things necessary for the maintenance and repair thereof , and in particular, may-
   • (a) widen, open, enlarge, or otherwise improve any such road , bridge or culvert and plant and preserve trees on the sides of such roads; EXTRAORDINARY No. : ST 32 DATED : 17Th AUGU; 2012.
   • (b) deepen or otherwise improve any watercourse and other property mentioned in clause ( c) of sub-section ( 1) of section 37; and
   • (c) cut any hedge or branch or any tree projecting on any such public road or street and building.
3. (2) The Gram Panchayat shall also have control of al l roads , streets , waterways , bridges and culvert which are situated within its j urisdiction, not being private property or not being the property for the time being under the control of the Government and may do all things necessary for the improvement , maintenance and repair thereof and in particular, may-
   • (a) lay out and make new roads; and ( b) construct new bridges and culverts.

, culverts and other properties placed by the Administration under sub-section ( 1) of section 37 under its direction, management and control, subject to the provisions of any other law for the time being in force, may do all things necessary for the maintenance and repair thereof , and in particular, may-

1. (a) widen, open, enlarge, or otherwise improve any such road , bridge or culvert and plant and preserve trees on the sides of such roads;
   • • 12 - EXTRAORDINARY No. : ST 32 DATED : 17Th AUGU; 2012.
2. (b) deepen or otherwise improve any watercourse and other property mentioned in clause ( c) of sub-section ( 1) of section 37; and
3. (c) cut any hedge or branch or any tree projecting on any such public road or street and building.

1. (2) The Gram Panchayat shall also have control of al l roads , streets , waterways , bridges and culvert which are situated within its j urisdiction, not being private property or not being the property for the time being under the control of the Government and may do all things necessary for the improvement , maintenance and repair thereof and in particular, may-
   • (a) lay out and make new roads; and ( b) construct new bridges and culverts.

, maintenance or repair of any work or the management of any institution on behalf ofthe Administration or any local authority: Provided that the funds necessary for the execution , maintenance or repairs of the work or the management of the institution shall be placed by the Administration or such local authority at the disposal of the Gram Panchayat. Transfer of any work or institution to Gram Panchayat. 32. (1) Subject to such conditions as may be prescribed , the Administrator may, by Collection of notification in the Official Gazette , entrust to the Gram Panchayat the functions and duties of revenue. collectin the t ld g axes, an revenue and other dues recoverable under specified scheme.

1. (2) Where any functions or duties are entrusted to a Gram Panchayat under sub- section ( 1), the Administrator shall pay to such Gram Panchayat collection charges at such rates as he may determine in this behalf 33. (1) Subject to the rules made under this Regulation , a Gram Panchayat may organise a force to be known as Village Volunteer Force consisting of able bodied persons residing in the Gram who are not below the age of eighteen years and who are willing to join the force and place such force under the command of a suitable person.
2. (2) The services of the Village Volunteer Force , may be utilised for general watch and ward purpose and in cases ofemergency like fire , floods, out-break ofepidemics or any other natural calamity.
3. (3) No member of the Village Volunteer Force , shall be held liable for damages on account of any act done by him in the bona fide discharge of his duties as a member of such force.

Subject to such conditions as may be prescribed , the Administrator may, by Collection of notification in the Official Gazette , entrust to the Gram Panchayat the functions and duties of revenue. collectin the t ld g axes, an revenue and other dues recoverable under specified scheme.

1. (2) Where any functions or duties are entrusted to a Gram Panchayat under sub- section ( 1), the Administrator shall pay to such Gram Panchayat collection charges at such rates as he may determine in this behalf

, a Gram Panchayat may organise a force to be known as Village Volunteer Force consisting of able bodied persons residing in the Gram who are not below the age of eighteen years and who are willing to join the force and place such force under the command of a suitable person.

1. (2) The services of the Village Volunteer Force , may be utilised for general watch and ward purpose and in cases ofemergency like fire , floods, out-break ofepidemics or any other natural calamity.
2. (3) No member of the Village Volunteer Force , shall be held liable for damages on account of any act done by him in the bona fide discharge of his duties as a member of such force. Village Volunteer Force.

Every contract or agreement entered into by a Gram Panchayat shall be signed by Execution of the Sarpanch and the Panchayat Secretary and scaled with the common seal of the Gram contracts. Panchayat.