THE VILLAGE PANCHAYAT I GRAM SABHA Compiled by:
Kumar Kalanand Mani Soter D'Souza Antonnio Francisco Fernandes All information and suggestions are in accordance with the Goa Panchayati & Raj Act, 1994 (GPR Act, 1994) and Goa Panchayats Meeting Rules (GP Rules) & Circulars in force. This booklet is exclusively for information and not to be used for legal purposes. This booklet contains information presented in three parts- PART - I Presents rules and suggestions for Gram Sabha PART - II Spells out the Functions and Responsibilities of the Panchayat. PART - III Gives the powers and duties of Sarpanch and Secretary along with the rules for Panchayat meetings Due care has been taken to avoid errors in the compilation. Yet there may be some errors. Any correction / suggestions shall be welcome. ACKNOWLEDGEMENT We are deeply grateful to the following resource persons for their valuable advice, suggestions and support extended for the compilation of this information Mr. P.M. Borkar, Director of Panchayat, Govt. of Goa. Mr. U.D.Gaitonde, Dy. Director of Panchayat (North), Govt. of Goa. Ms. Saltarat Kazi, Dept. of political science, Goa University. Mr. Roland Martins, GOA DESC, Mapusa. Adv. Albertina Almeida, Bailancho Saad, Goa. Capt. Gerald Fernandes, Social Activist. INTRODUCTION The 73rd Amendment to the Constitution of India was meant to empower the Panchayats for strengthening grass root democracy. Every village knows its particular needs and therefore planning and implementation of programmes to address these needs, when undertaken at the village level become more effective. It has been our experience that people's participation in Panchayat Raj more so in the State of Goa has not been encouraging. There are various reasons and one of these is the lack of awareness and the ignorance of powers vested in the people. Several citizens have expressed the need for some literature on the powers and duties of the Gram Sabha, which is the foundation of Panchayat Raj. We have attempted through our experience to put together the minimum required information in this booklet that may help as a guide to the members of the Gram Sabha and panchayat representatives. We hope this will encourage greater participation and meaningfulness to the Gram Sabha meetings and the administration of panchayats. General Problems, Complaints, Misconceptions of Gram Sabha Members: - Members coming pre-planned with an issue, or spontaneously, and raising it without paying heed to the agenda. Making proposals without submitting them to the Sarpanch within the stipulated time. Persons abusing the members on the dais and other Gram Sabha members. Members raising matters that do not fall within the powers and duties of Panchayats. Disobeying the decision of the chairperson. Chairperson denies permission to raise issues to evade irregularities and illegalities even after due notice. Meetings prolonged unnecessarily due to lack of structuring and control of meeting by the chairpersons. Secretary provides false information to Gram Sabha. Copies of proposals, budgets not given prior to the meeting to enable members to study the same. Sarpanch / Dy. Sarpanch convene the Gram Sabha at any time and make rules as per his desire. WHAT IS A GRAM SABHA OF THE PANCHAYAT? Gram Sabha means a body consisting of persons whose names are for the time being entered as electors in the electoral roll for a Panchayat. (Refer Section 4 of the Goa Panchayat Raj Act, 1994). For a person to be enrolled in the electoral roll he/she should have completed 18 years of age. The time for enrolling is as fixed by the Election Commission.. WHEN DOES THE GRAM SABHA MEET ? 1.There shall be four ordinary meetings of the Gram Sabha to be held on any Sunday of January, April, July and October of every year, and is to be convened by the Sarpanch. 2.There shall also be four Special Meetings of the Gram Sabha on 26th January, l5th August, 2nd October and 19th December of every year and is to be convened by the Sarpanch. 3.An extra ordinary meeting of the Gram Sabha shall be convened by the Sarpanch, upon a requisition in writing of not less than one-tenth number of members of the Gram Sabha, within thirty days from the receipt of such requisition. 4.In the event of the Sarpanch failing to convened the ordinary and special meetings of the Gram Sabha, the Block Development Officer shall convene the meeting in the following month. In the event of the Sarpanch failing to convene the extra ordinary meeting within the specified time limit, an appeal shall preferred to the Block Development Officer under Section 201-A of the Goa Panchayat Raj Act, 1994. (Refer sections 5 (1), (2), (4), (5) of the G.P.R. Act, 1994) During the months prescribed for a Gram Sabha meeting the members should make efforts to read the notice board and newspapers to know the exact date and place of the meeting. HOW DOES ONE KNOW THE DATE, TIME AND PLACE OF THE GRAM SABHA MEETING ? For an Ordinary meeting of the Gram Sabha at least seven clear day notice before the date of such meeting shall be given and in the case of an Extraordinary meeting, at least four days notice before the date of such meeting. The notice of the Gram Sabha meeting, either ordinary or extra ordinary shall be published: - a.By affixing it at the office of the Panchayat or any other conspicuous public place or places in the village. b. By publishing it in anyone local newspaper which is widely circulated in the village. (Announcement can be made through loudspeaker in the whole village) The notice shall specify the date, time and place of the meeting and the nature of the business to be transacted at the meeting. (Refer rule 7, 8 and 9 of the G.S. meeting Rules, 1996) AT WHAT TIME IS THE GRAM SABHA MEETING TO BE HELD? The Gram Sabha meeting shall be held at 11.00 hrs. (Refer rule 5 of Gram Sabha meeting Rules, 1996) The preponing or postponing of the timing of the meeting is a violation of the rules. How many members are required to form the quorum for the Gram Sabha Meeting? One-tenth of the total number of Gram Sabha members (voters) are required to form the quorum of the meeting. When there is no quorum for any meeting, after fifteen minutes from the appointed time, the meeting shall be adjourned by half an hour and when the Gram Sabha re-assembles no quorum shall be necessary. (Refer Sec. (5), (6) & (7) of G.P.R. Act, 1994). Is there any observer from the Government for the Gram Sabha Meeting? Yes. An officer nominated by the Block Development Officer shall attend the Gram Sabha meeting. (Refer Sec. 5(8)of the P.R. Act 1994) WHAT ARE THE MATTERS THAT CAN BE TAKEN UP AT THE GRAM SABHA ? The following matters shall be placed before the Gram Sabha by the Sarpanch for approval; a.Annual statement of accounts. b.Annual administration report. c.Budget estimates. d.Development work and other programmes proposed for the current financial year. e.The last audit report and replies made there to. f.Proposal for fresh taxation or enhanced taxation. g.Proposal for organising community service, voluntary labour or mobilisation of the local people for any specific work included in any programme. h.Identification of the beneficiaries under various programmes of the Government. i.Determination of the priorities of the work to be under-taken by the Panchayat. j.Utilisation certificate in respect of the development works undertaken by the Panchayat from the grants-in-aid or Panchayat Funds. (Refer section 6 of the G. P.R. Act. 1994) Ensure that the resolutions are properly recorded by the Secretary and one should pay attention when the minutes are being read and placed for approval. THE DECISION OF GRAM SABHA SHALL BE BINDING ON THE PANCHAYAT. (Ref Sec. 4 of the G.P.R Act, 1994). Where is the Gram Sabha meeting to be held ? The meeting of the Gram Sabha shall be held in the office of the Panchayat or at any other convenient public place accessible to all the Villagers as may be determined by the Sarpanch, or in his absence by the Deputy Sarpanch. (Refer rule 3 of Gram Sabha Meeting Rules, 1996). CAN A GRAM SABHA MEMBER PLACE A PROPOSAL AT THE MEETING ? Yes. Any proposal which a person desires to place before a Gram Sabha may be sent by him to the Sarpanch or in his absence the Deputy Sarpanch at least four days before the date of the meeting. The proposal may be disallowed on the following grounds namely: a.If the proposal is of defamatory character. b.If the proposal is of trivial nature. c.If the language used in the proposal is offensive. d.If the proposal is against public interest. e.If the proposal is in respect of matter which is sub-judice. The person presiding at the Gram Sabha meeting may disallow the discussion of any proposition, which he considers to be beyond the competence of the Gram Sabha and in doing so, he shall record his reasons in writing. (Refer rule 10 and 13 of the G.S. Meetings Rules, 1996) HOW ARE THE PROCEEDINGS TO BE RECORDED? A brief record of the proceedings of every meeting of the Gram Sabha shall be kept in any of the following languages, namely, Hindi, English, Konkani and Marathi in a bound book and a copy of the proceedings shall be sent to the Director of Panchayats within seven days from the date of the meeting. (Refer rule 17 of G.S. Meeting Rules, 1996) The minutes book is in the custody of the Panchayat Secretary and any Gram Sabha member has a right to inspect the minutes at any reasonable time. Is there any remedy for grievances regarding the decision of the Gram Sabha ? A person aggrieved by the decision of the Gram Sabha may prefer an appeal to the Director of Panchayats within a period of thirty days from the date of such decision and the Director's decision on such appeal shall be final. Other complaints and grievances may be redressed through the Block Development Officer, Deputy Director of Panchayats or the Director of Panchayats. (Refer section 6(5) of the G. P.R. Act, 1994) GRAM SABHA CALENDAR Text Box: 1. Annual Statement of Accounts. 2. Annual Administration Report. 3. Budget Estimates. 4. Development work and other programmes proposed for the current financial year. 5. Proposal for organising community service, voluntary labour or mobilisation of the local people for any specific work included in any programme. 6. Identification of the beneficiaries under various programmes of the Government (if any). 7. Determination of the priorities of work to be under-taken by the Panchayat. 8. Utilisation certificate in respect of the development works undertaken by the Panchayats from the grants-in-aid or Panchayat Fund. APRIL Text Box: SPECIAL GRAM SABHA MEETING INDEPENDENCE DAY 15 AUGUST · Talk on India^Òs freedom struggle & freedom fighters. · Talk on Achievement / Progress since Independence. · Plans for Protection of Environment, Agriculture, Industry, Water resources, Communal harmony. · Schemes of Government. · Felicitating Freedom Fighters. Below mentioned are some of the suggestions for planning the agenda 9. Action taken by Village Panchayat on resolutions of last Gram Sabha meeting. 10. Report of Supervisory Committees/ Election of new Supervisory Committees for current financial year. Text Box: SPECIAL GRAM SABHA MEETING GANDHI JAYANTI 2 OCTOBER · Talk on the teachings and life of Mahatma Gandhi. · Strategies for local self-employment and economic independence. · Schemes for alleviation of Poverty. · Felicitating local social activists etc. GOA LIBERATION DAY19 DECEMBER · Talk on Goa^Òs freedom struggle & its freedom fighters. · Reviewing progress in areas of Agriculture, Tourism, Water Management, Forest Preservation, Ecology, Health etc. · Schemes for social welfare measures. · Felicitating progressive local entrepreneurs especial in cottage industry sector. JULY Text Box: 1. Statement of Accounts of the last three months. 2. Review of development work and other programmes proposed for the current financial year. 3. Proposal for organising community service, voluntary labour or mobilisation of the local people for any specific work included in any programme (if any). 4. Identification of the beneficiaries under various programmes of the Government, if any. 5. Review of the priority works to be under-taken by the Panchayat. 6. Utilisation certificate in respect of the development works undertaken by the Panchayat from the grants-in-aid or Panchayat funds. 7. Action taken by Village Panchayat on resolution of last Gram Sabha meeting. 8. Report of the Supervisory Committees. Annual Administration Report should include income and expenditure, development work undertaken in the village, number of meetings held during the year, schemes, any action illegalities etc. undertaken by the Panchayat. OCTOBER SPECIAL GRAM SABHA MEETING REPUBLIC DAY 26 JANUARY Talk on the Indian Constitution in areas of fundamental rights duties. Assessing if the Constitutional requirements are adhered to in the Village. Schemes if any. Felicitating local writers, teachers etc. Text Box: 1. Statement of Accounts of the last three months. 2. Review of development work and other programmes proposed for the current financial year. 3. Proposal for organising community service, voluntary labour or mobilisation of the local people for any specific work included in any programme (if any). 4. Identification of the beneficiaries under various programmes of the Government, if any. 5. Review of the priority works to be under-taken by the Panchayat. 6. Utilisation certificate in respect of the development works Text Box: 4. Identification of the beneficiaries under various programmes of the Government, if any. 5. Review of the priority works to be undertaken by the Panchayat. 6. Utilisation Certificate in respect of the development works undertaken by the Panchayat from the grants-in-aid or Panchayat Funds. 7. Budget estimate for next financial year. 8. Action taken report on resolutions of last Gram Sabha meeting. 9. Report of Supervisory Committees. Some suggestions for smooth conducting of Gram Sabha meetings: Members should have total understanding about powers and functions of Panchayats and the Gram Sabha, which are specified in the Panchayat Raj Act & Rules. Members should refrain from raising irrelevant and in appropriate issues that are not within the powers and duties of the Panchayat. Members should speak after taking the permission of the chair. Members desiring to make proposals should inform the Sarpanch at least four days before the Gram Sabha meeting. No abusive, offensive language should be used and in case of any deliberate attempts to disrupt the meeting through use of offensive language and violence, the Sarpanch should use any appropriate measures to remove such members from the meeting. The decision of the Sarpanch not to allow any proposal is final. If a member is aggrieved he can make use of the provisions for appeal under Section 201-A of the Act. The Chairperson should fix a time limit for each matter to be taken up in the meeting. It should be done preferably in consultation with the Gram Sabha members. Violations and irregularities in conducting the Gram Sabha meeting should be brought to the notice of the Sarpanch and Block Development Officer. A copy of minutes of the meetings and information on development works of the Panchayat can be obtained from the Secretary under Section 6(7) of the Act on payment of the nominal fee prescribed. Members should keep themselves informed on date, time and place of the Gram Sabha meeting and the agenda of the meeting. The names of persons attending Gram Sabha meeting should be entered only if they are present. Follow-up of the Gram Sabha Meeting: 1.The decisions of the Gram Sabha are to be implemented by the Sarpanch of the Panchayat. 2.Within seven-days the copy of minutes of the Gram Sabha should be sent to the Director of Panchayat by the Secretary. Any member can apply for the copy of the minutes under Sec. 6(7) of the G.P.R. Act with a nominal fee prescribed. 3.Check if the resolutions passed by the Gram Sabha are being executed. **** For further information contact:- § Panchayat Raj Cell, Peaceful Society, Kundai 403 115 Goa. § Directorate of Panchayats, Govt. of Goa, Junta House, Panaji 403 001 Goa. Ph: 0832-222586. This Booklet is issued in public interest by :- PANCHAYAT RAJ CELL Peaceful Society KUNDAI 403 115 GOA Ph: 0832-392236, 392237 Fax: 392382 e-mail: "Kumar Kalanand Mani" <[EMAIL PROTECTED]>, "Peaceful Society" <[EMAIL PROTECTED]>, "Kumar Kalanand Mani" <[EMAIL PROTECTED]>,
