Chapter V Chapter V

Constitution of Zilla Panchayats

1. (1) There shall be

constituted for each district a Zilla Panchayat having jurisdiction over the entire district excluding such portions of the district as are included in a municipal council or a notified area constituted under any law for the time being in force.

1. (2) Every Zilla Panchayat shall, by the name specified by the Government in this behalf, be a body corporate having perpetual succession and a common seal and subject to the provisions of this Act have powers to acquire, hold or dispose off the properties both movable and immovable and shall by the said name sue or be sued.

1. (1) There shall be two Zilla Panchayats for the State of Goa namely, North Goa Zilla Panchayat and South Goa Zilla Panchayat.
2. (2) The North Goa Zilla Panchayat shall consist of 98[twenty five] elected members.
3. (3) The South Goa Zilla Panchayat shall consist of 99[twenty five] elected members.
4. (4) In addition to the elected members, every Zilla Panchayat shall have the following ex officio members:-
   • (i) members of Parliament who are registered as the electors within the district;
   • (ii) such number of members of the State Legislative Assembly as may be prescribed: Provided that no such members shall be a Minister or the Speaker or the Deputy Speaker of the Legislative Assembly or the Leader of Opposition: Provided further that the total number of such members shall not exceed the number of Talukas in the Zilla Panchayat, and such members shall be elected from amongst themselves;
   • (iii) Chairperson of Panchayat in each taluka of the district elected from amongst themselves in the ratio of one such Chairperson for a Taluka having upto 15 Panchayats and two such Chairpersons for a taluka having more than 15 Panchayats who shall be a member of Zilla Panchayat so long as he continues to be the Chairperson of the Panchayat.
5. (5) The term of the members of the Zilla Panchayats other than the elected members shall be co-terminus with the term of member of Parliament or members of the State Legislative Assembly or Chairperson of Panchayat, as the case may be.]

Reservation of seats as are applicable for an election to the Panchayat under the provisions of sub-sections (4) to (6) of section 7 shall, mutatis mutandis, apply to the elections of the members referred to in clause (i) of section 117.

The

100[State Election Commission in Consultation with the Government] shall, by notification,—

101[(a) divide the area within the jurisdiction of North Goa Zilla Panchayat and South Goa Zilla Panchayat into

102[25] and

103[25] single member territorial constituencies respectively, for the purpose of election, to such Zilla Panchayat.]

1. (b) determine the territorial constituencies or constituencies in which seats are reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and Women.

1. (1) Every person whose name appears in the electoral roll relating to a constituency of a Zilla Panchayat shall, subject to the other provisions of this

Act, be entitled to vote at any election which takes place in that constituency while the electoral roll remains in force and no person whose name does not appear in such electoral roll shall vote at any such election.

1. (2) No person shall vote at an election under this Act in more than one constituency or more than once in the same constituency and if he does so all his votes shall be invalid.

The electoral roll of Zilla Panchayat shall be prepared subject to the superintendence, direction and control of the State Election Commission: Provided that the electoral roll of the State Legislative Assembly for the time being in force for such part of the district as is included in any constituency of the Zilla Panchayat may be adopted for the purpose of preparation of electoral roll of the Zilla Panchayat for such constituency: Provided further that the electoral roll for such constituency of the Zilla Panchayat shall not include any amendment, transposition, inclusion or deletion of any entry made after the last date for making nomination for the election to such constituency and before the completion of such election.

1. (1) A person shall not be qualified to be chosen

to fill a seat in a Zilla Panchayat unless his name is included in the electoral roll of the

Zilla Panchayat for the time being in force in the district.

1. (2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Zilla Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women such person is a member of these castes or tribes or classes or is a woman.

1. (1) The provision of section 10 shall apply for a person for being chosen as, and for being a member of a Zilla Panchayat subject, however, that the expression ‘Panchayat’ in clauses (d) and (f) of that section shall be construed as a reference to ‘Zilla Panchayat’.
2. (2) If a person who has been chosen as a member of the Zilla Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative

Assembly, a Municipal Council or a Panchayat then at the expiration of a period of 15 days of such election, his seat in the Zilla Panchayat shall become vacant, unless he has previously resigned from his seat in the House of the People, the Council of States, the State Legislative Assembly, the Municipal Council or the Panchayat, as the case may be.

1. (1) If any member of a Zilla Panchayat,—
   • (a) is or becomes subject to any of the disqualification specified in section 123; or
   • (b) votes or takes part in the discussion of any question coming up for consideration at a meeting of the Zilla Panchayat or any Committee, if the question is one in which, apart from its general application to the public, he has any pecuniary interest; or
   • (c) being an elected member, absents himself, for more than three consecutive ordinary meetings of the Zilla Panchayat unless leave so to absent himself which shall not exceed six months, had been granted by the Zilla Panchayat, or absents himself from the State of Goa for over four consecutive months, his seat shall be deemed to be or have become, as the case may be vacant: Provided that where an application is made by a member to the Zilla Panchayat for leave to absent himself and the Zilla Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the Zilla Panchayat.
2. (2) The Government on a report made to it and after giving a reasonable opportunity to the person concerned of being heard, shall declare whether the seat of the person concerned is or has become vacant.

1. (1) Every elector shall have one vote and no elector shall give more than one vote to any one candidate.
2. (2) Subject to the provisions of this Act, elections to the Zilla Panchayat shall be held by ballot in accordance with such rules as may be prescribed.
3. (3) The provisions of sections 27 to 41 shall apply in respect of elections to Zilla Panchayat as they apply to elections to Panchayat.

104[125-A. Use of electronic voting machine.— Notwithstanding anything contained in this Act or the rules framed thereunder, the State Election Commission may put in use the electronic voting machine in lieu of ballot paper for the election of members of Panchayats or Zilla Panchayats, as may be deemed necessary and in the manner specified by the State Election Commissioner in this regard.]

1. (1) If a person is elected by more

than one Zilla Panchayat constituency, he shall by notice in writing signed by him and delivered to the Director or any other officer authorised by the Government, within the prescribed time, choose any one of the constituencies which he shall serve, and the choice shall be final.

1. (2) If the person does not make the choice referred to in sub-section (1), the Director or the authorised officer shall determine by lot and notify the constituency which such person shall serve.
2. (3) Such person shall be deemed to have been elected only for the constituency so chosen or notified, as the case may be, and the vacancy or vacancies thereby arising in respect of the other constituency or constituencies shall be filled by election.

The provisions of sections 16, 17, 18, 19, 20 , 21, 22, 23, 24, and 25 shall apply, mutatis mutandis, in respect of election of Zilla Panchayat, the deposit as security for costs being two thousand rupees.

The names of members elected to any

Zilla Panchayat shall be reported to the Government which shall notify the same in the

Official Gazette.

1. (1) Except as is otherwise provided in this Act,

members of a Zilla Panchayat elected at general election shall hold office for a term of five years.

1. (2) The term of office of members elected at a general election shall commence on the date appointed for the first meeting of the Zilla Panchayat.
2. (3) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under section 128. 105[(4) As soon as may be after the fist meeting of the Zilla Panchayat, every member thereof shall take the oath of Office before the Director of Panchayats].

A member of a Zilla Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of Zilla Panchayat and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha.

The prescribed authority if it thinks fit on the recommendations of the Zilla Panchayat, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary if such member has been guilty of misconduct in the discharge of his duties or any disgraceful conduct, or has become incapable of performing his duties as a member.

A Casual vacancy of a member or a Zilla Panchayat shall be filled up, as soon as may be, by the election of a person thereto who shall, hold office so long only as the member in whose place he is elected could have held office if the vacancy had not occurred.

1. (1) The elected members of the Zilla Panchayat referred to in clause (i) of section 117 shall as soon as may be, choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof and so often as there is a casual vacancy in the office of the Adhyaksha or Upadhyaksha, they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha within a period of 106[sixty] days of occurrence of such vacancy as the case may be.
2. (2) Save as otherwise provided in this Act, the Adhyaksha or Upadhyaksha shall hold office for the term of office of the members of the Zilla Panchayat.
3. (3) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed.
4. (4) There shall be reserved by the Government one office of Adhyaksha and one office of Upadhyaksha of the Zilla Panchayat to be filled by women: Provided that the office reserved under this sub-section shall be allotted by rotation to different Zilla Panchayat.

The election of the members for Zilla Panchayats from constituencies of a Zilla Panchayat shall be for the candidates sponsored by political party as defined under clause (16A) of section 2 of the Act.

Salary and Allowances to the Adhyaksha, Upadhyaksha

109[elected and co-opted] members of the Zilla Panchayat. — The salary and allowances of the Adhyaksha, Upadhyaksha

110[elected and co-opted] members of the Zilla Panchayat shall be as prescribed].

1. (1) A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Director and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the Director and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the Director or the Adhyaksha, as the case may be.
2. (2) Every Adhyaksha or Upadhyaksha of Zilla Panchayat shall be deemed to have vacated his office forthwith if he ceases to be a member of the Zilla Panchayat.
3. (3) Every Adhyaksha and every Upadhyaksha of Zilla Panchayat shall be deemed to

have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Zilla Panchayat at a meeting specially convened for this purpose: Provided that no such resolution shall be moved within six months from the date of moving earlier resolution.

1. (4) Every Adhyaksha and Upadhyaksha of Zilla Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office by the Government for misconduct in the discharge of his duties, or for being persistently remiss in the discharge of his duties and the Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (5), shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Zilla Panchayat.
2. (5) An Adhyaksha or Upadhyaksha removed from his office under sub-section (4), may also be removed by the Government from membership of the Zilla Panchayat.

1. (1) A Zilla Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section referred to as the ordinary meeting), and shall subject to the provisions of the following sub-sections, make regulations not inconsistent with this Act or with any rules made thereunder with respect of the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto. Every meeting of the Zilla Panchayat shall ordinarily be held at the headquarters of the Zilla Panchayat.
2. (2) (a) The date of the first meeting of the Zilla Panchayat after the first constitution or reconstitution shall be fixed by the Director, who shall preside at such meeting, and the date of such subsequent ordinary meeting shall be fixed at the previous meeting of the Zilla Panchayat, provided that the Adhyaksha of Zilla Panchayat, may for sufficient reasons, alter the date of the meeting to a subsequent date. The Adhyaksha may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one-third of the total number of members of the Zilla Panchayat may call the special meeting for a day not more than fifteen days after presentation of such request and require the Chief Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.
   • (b) Ten clear days notice of an ordinary meeting and seven clear days notice of a special meeting specifying the time at which such meeting is to be held and the business

to be transacted thereat, shall be sent to the members and pasted up at the office of the

Zilla Panchayat. Such notice shall include, in the case of a special meeting, any motion or proposition mentioned in the written request made for such meeting.

1. (c) One-third of the total number of members of the Zilla Panchayat shall form a quorum for transacting business at a meeting of the Zilla Panchayat. If, at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum, proceed with the meeting; but if within such period there is no quorum, the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjourned meetings at which there is quorum, the business which would have been brought before the original meeting shall be transacted.
2. (d) Every meeting shall be open to the public unless the presiding authority considers that any enquiry or deliberation pending before the Zilla Panchayat should be held in camera and the said authority may at any time cause any person who interrupts the proceedings to be removed.
3. (e) Every meeting shall be presided over by the Adhyaksha or if he is absent by the Upadhyaksha, and if both are absent or if the Adhyaksha is absent and there is no Upadhyaksha, the members present shall elect one from among themselves to preside.
4. (f) All questions shall, unless otherwise specially provided, be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting shall give vote before declaring the number of votes for and against a question and in case of equality of votes, he may give his casting vote.
5. (g) No member of the Zilla Panchayat shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of a Zilla Panchayat or any Committee, if the question is one in which apart from its general application to the public, he has any pecuniary interest.
6. (h) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion and if a motion to that effect be carried, he shall not preside at the meeting during such discussion, or vote on, or take

part in it. Any member of the Zilla Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

1. (i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in case of a special meeting, in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects in the list of business. The Adhyaksha may propose any urgent subject of a routine nature not included in the list of business if no member objects to it.

No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within three months after the passing thereof except in accordance with clause (k). The order in which any business or proposition shall be brought forward at such meeting shall be determined by the presiding authority who, in case it is proposed by any member to give priority to any particular item of such business or to any particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.

1. (j) Any ordinary meeting may, with the consent of a majority of the members present be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjournment took place.
2. (k) No resolution of the Zilla Panchayat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than two-thirds of the total number of members at an ordinary or special meeting, and notice whereof shall have been given fulfilling the requirements of clause (b) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution.

1. (3) The proceeding of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall, after being read over by the Adhyaksha of the meeting, be signed by him. The action taken on the decisions of the Zilla Panchayat shall be reported at the next meeting of the Zilla Panchayat. The minutes book shall at all reasonable times be open to inspection by any member of the Zilla Panchayat. The minutes book shall always be kept in the office of the Zilla Panchayat and it shall be in the custody of the Chief Executive Officer.
2. (4) A copy of every resolution passed by a Zilla Panchayat at a meeting shall, within ten days from the date of meeting, be forwarded to the Director.
3. (5) During any vacancy in a Zilla Panchayat or any Committee thereof, the continuing members may act as if no vacancy occurred.

1. (1) A member of Zilla Panchayat may move resolutions and interpellate the Adhyaksha of Zilla Panchayat on matters connected with the administration of the Zilla Panchayat, subject to such regulations as may be made by the Zilla Panchayat.
2. (2) A member of the Zilla Panchayat may also call the attention of the Adhyaksha to any neglect in the execution of the work of the Zilla Panchayat, to any waste of property belonging to of the Zilla Panchayat, or to the wants of any locality within the district and may suggest any improvements, which may appear desirable.

If it shall appear to a Zilla Panchayat that the attendance of any officer of the Government having jurisdiction over an area of a division or circle or less than a division or circle and not working under the Zilla Panchayat, is desirable at a meeting of the Zilla Panchayat, the Chief Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meeting: Provided that the officer on receipt of such letter may, if he, for any of the cause aforesaid, is unable to be present thereat himself, instruct his deputy or other competent subordinate officer to represent him at the meeting.

1. (1) No disqualification or defect in the selection or appointment of any person acting as member, or as the Adhyaksha of Zilla Panchayat or presiding authority of a special or general meeting or a Adhyaksha or members of Committee appointed under this Act, shall be deemed to vitiate any act or proceedings of the Zilla Panchayat or of any such Committee, as the case may be, in which such person

has taken part, whenever the majority who were parties to such act or proceedings, were entitled to act.

1. (2) No resolution of a Zilla Panchayat or of any Committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member, provided that the proceedings of the Zilla Panchayat or committee, were not prejudicially affected by such irregularity.
2. (3) Until the contrary is proved, every meeting of a Zilla Panchayat or of a Committee appointed under this Act in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held

all the members of the meeting shall be deemed to have been duly qualified, and where the proceedings are the proceedings of a Committee, such Committee shall be deemed to have duly constituted and to have had the power to deal with the matters referred to in the minute.

1. (4) During any vacancy in the Zilla Panchayat or Committee, the continuing member or members may act as if no vacancy has occurred.