Goa Panchayat Raj Act, 1994 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Long title	To replace the present enactment relating to Panchayats by a comprehensive legislation.
Type	Act
Citation	Act 14 of 1994
Year	1994
Jurisdiction	State of Goa
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	agriculture

---1--- GOVERNMENT OF GOA Law (Legal & Legislative Affairs) Department Notification 7-15-94/LA The Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994) which has been passed by the Legislative Assembly of Goa on 25-5-1994 and assented to by the Governor of Goa on 9-7-1994, is hereby published for general information of the public.

P. V. Kadnekar, Joint Secretary (Law).

Panaji, 13th July, 1994.

———— The Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994) [9-7-1994] AN ACT to replace the present enactment relating to Panchayats by a comprehensive legislation.

Whereas it is expedient to replace the present enactment by a comprehensive enactment to establish a two-tier Panchayat Raj System in the State with elected bodies at village and district levels, in keeping with the Constitution Amendment relating to Panchayats for greater participation of the people and more effective implementation of rural development programmes.

Be it enacted by the Legislative Assembly of the State of Goa in the Forty-fifth Year of the Republic of India as follows:—

CHAPTER I Preliminary

1. Short title and commencement. — (1) This Act may be called the Goa Panchayat Raj Act, 1994.

(2) Section 245 shall be deemed to have come into force with effect from 20-4-94, while the remaining sections shall come into force on such date as the Government may, by notification in Official Gazette specify and different dates may be specified for different provisions of the Act.

2. Definitions. — In this Act, unless the context otherwise requires, - 1[(1) “alteration” means a structural change, such a removal of part of a building or a change to the structure of the building such as construction of roof with R.C.C. material;];

2[1-A] (1) “Backward classes” means such classes of citizens as may be notified by the Government from time to time as belonging to backward class;

3[1-B] [“(1-A) “Block Development Officer” means a person appointed as Block Development Officer by the Government;”] 4[1-C] [“(1-B) “Ballot” means ballot papers prepared in accordance with the provisions of the Act or rules made thereunder and includes “Electronic Voting Machine”;]

(2) “building” includes a house, outhouse, stable, privy, urinals, shed, hut, wall and any other structure whether of masonry, bricks, wood, metal or any other material, but ---2--- does not include a temporary structure erected on ceremonial or festive occasion or a tent;

(3) “Sarpanch” means the Sarpanch of a Panchayat;

(4) “Deputy Sarpanch” means the Deputy Sarpanch of a Panchayat;

(5) “Adhyaksha” means the Adhyaksha of a Zilla Panchayat;

(6) “Upadhyaksha” means the Upadhyaksha of a Zilla Panchayat;

(7) “Collector” means the Collector of the district 5[and includes an Additional Collector;]

(8) “Chief Executive Officer” means the Chief Executive Officer of a Zilla Panchayat 6[and includes any other officer appointed by the Government in this behalf];

7[(8-A) “Deputy Director” means the person appointed as the Deputy Director of Panchayat by the Government;]

8[(9) “Director” means the person appointed as the Director of Panchayats under this Act and includes an Additional Director;]

(10) “district” means a revenue district;

(11) “Government” means the Government of Goa;

9[(11-A) “Gram Sevak” means the person appointed by the Director to perform the duties as Gram Sevak;]

(12) “land” includes land which is built upon or covered with water;

10[(12-A) “Member-Secretary” means a person appointed by the Government as Member-Secretary and includes a Block Development Officer;]

(13) “notification” means a notification published in the Official Gazette;

(14) “Panchayat” means a Village Panchayat established under section 3;

(15) “erection or re-erection or enlargement” of any building includes,-

(i) any material alteration or enlargement or in of any building;

(ii) the conversion, by structural alteration into a place of human habitation of any building not originally meant or constructed for human habitation;

(iii) the conversion of one or more places of human habitation into a greater number of such places;

(iv) the conversion of two or more places of human habitation into a lesser number of such places;

(v) such alteration of a building as would effect a change in the drainage or sanitary arrangements or materially affect its security;

(vi) the addition of any rooms, buildings, houses or other structures to any building;

(vii) the conversion, by any structural alteration into a place of religious worship or into a building not originally meant or constructed for such purposes;

(viii) roofing or covering an open space between wall or buildings, in respect of the structure which is formed by roofing or covering such space;

(ix) Conversion into a stall, shop, warehouse or godown or any building not originally constructed for use as such or vice versa;

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(x) construction of a door in a wall adjoining any street or land not vested in the owner of the wall and opening in such street or land;

(16) “factory” means besides a factory as defined in the Factories Act, 1948 (Central Act 13 of 1948), any premises including the precincts thereof wherein any industrial manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;

11[(16A) “political party” means a political party as defined under clause (f) of subsection (1) of section 2 of the Representation of the People Act, 1951 (Central Act 43 of 1951);]

(17) “prescribed” means prescribed by rules framed under this Act;

12[17-A] “Registered Structural Engineer means a Structural Engineer as defined in clause (129) of regulation 2 of the Goa Land Development and Building Construction Regulations,2010 Such Engineer shall be registered with the Town and Countru Planning Department under the said Regulations ;”

(18) “Schedule” means a Schedule appended to this Act;

(19) “Scheduled Castes and Scheduled Tribes” means such Scheduled Castes and Scheduled Tribes specified in respect of the State of Goa under the Constitution:

(20) “Secretary” means the Secretary of the Panchayat:

13[(20A) “Taluka Panchayat” means a Taluka Panchayat established under this Act;]

14[(20-B) “Single dwelling unit” means independent housing unit with facility of living, cooking and sanitary requirements;.

(21) “Zilla Panchayat” means a Zilla Panchayat established under this Act.

CHAPTER II Gram Sabha — Constitution of Panchayats

3. Declaration of Panchayat areas and establishment of Panchayats.— (1) After making such inquiry as may be necessary, the Government may, by notification, declare a local area, comprising of a village or a group of villages or any part or parts thereof, or a combination of any two or more of them to be a Panchayat area for the purposes of this Act and also specify its headquarters.

(2) For every Panchayat area, there shall be a Panchayat as from such date as the Government may, by notification, appoint.

(3) The Government may, at the request of the Panchayat concerned, or otherwise, and after previous publication of the proposal by notification, at any time,—

(a) increase the area of any Panchayat area by including within such Panchayat area any village or group of villages;

(b) diminish the area of any Panchayat area by excluding from such Panchayat area any village or group of villages;

(d) alter the name of any Panchayat area; or

(e) declare that any area shall cease to be a Panchayat area.

4. Gram Sabha.— As from the date appointed under section 3, all persons whose names are for the time being entered as electors in the electoral roll for a Panchayat shall ---4--- be deemed to constitute the Gram Sabha for that Panchayat.

15[5. Meeting of Gram Sabha.— (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, to be convened by the Sarpanch.

(2) There shall also be special meetings of the Gram Sabha to be convened by the Sarpanch on 26th January, 15th August, 2nd October and 19th December, every year.

(3) The meetings of the Gram Sabha shall be presided over by each Sarpanch and attended by the concerned Panchayat member. In the absence of the Sarpanch, Deputy Sarpanch or ward member, the meeting may be presided over by any member chosen by the Gram Sabha.

(4) In the event, the Sarpanch fails to convene the meeting of the Gram Sabha, as specified in sub-section (1) and (2), the meeting shall be convened by the Block Development Officer in the following month.

(5) The Sarpanch shall, upon a reacquisition in writing by not less than one-tenth of number of members call an extraordinary meetings of the Gram Sabha, within thirty days from the receipt of such requisition.

(6) One-tenth of the total number of members of the Gram Sabha shall form the quorum for the meeting.

(7) When there is no quorum for any meeting after fifteen minutes from the appointed time, the meeting shall stand adjourned for half an hour and when it re-assembles, no quorum shall be necessary to transact the business communicated to members in the agenda of the appointed meeting.

(8) An officer nominated by the Block Development Officer shall attend the Gram Sabha meetings.

6. Functions of Gram Sabha.— (1) The Sarpanch shall place before the Gram Sabha for its approval the following matters:-

(a) the annual statement of accounts;

(b) annual administration report;

(d) the development and other programmes of the work proposed for the current financial year;

(e) the last audit report and the replies made thereto;

(f) proposal for fresh taxation or enhanced taxation;

(g) proposal for organising community service, voluntary labour or mobilization 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 developmental works undertaken by the Panchayat from the grants-in-aid or Panchayat funds.

(2) The Gram Sabha shall constitute minimum two Supervisory Committees to supervise the Panchayat work and other activities. The Supervisory Committees shall submit its report to the Panchayat and also place a copy of their report in the meeting of the Gram Sabha for an appropriate decision.

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(3) The Government shall constitute Vigilance Committees to oversee the quality of work, schemes and other activities for each Gram Panchayat. The terms and conditions of appointment of the members of Vigilance Committees shall be such as may be prescribed.

(4) The decision taken by the Gram Sabha shall be binding on the Panchayat provided it is not contrary to the rules and regulations framed under this Act or any other law for the time being in force and it shall be the duty of the Sarpanch to execute the same as early as possible.

(5) Any person aggrieved by the decision of the Gram Sabha, may prefer an appeal to the Director within a period of thirty days from the date of such decision and the Director’s decision on such appeal shall be final.

(6) The Director, after giving notice to the Panchayat and the public notice to be displayed on the notice board of the Panchayat and the Office of the Block Development Officer, may pass such order as he may deem fit and proper.

(7) Any member of the Gram Sabha shall, have the right to obtain information relating to any developmental works undertaken by the Panchayat as well as certified copies of the proceedings of the meeting of the Panchayat and Gram Sabha.

(8) The Gram Sabha shall constitute two or more ward development committees. The power, functions and the manner of constitution of such committees, shall be such as may be prescribed.

(9) A Gram Sabha shall carry out such other functions as the Government may, by general or special order, require.]

7. Constitution of Panchayats.— (1) A Panchayat shall consist of, such number of members as the Government may, by order, determine, so far as may be in accordance with the following Table:- TABLE For a Panchayat with a population of Number of members Classification

(1) 1500 or more but not more than 2000 5 D

(2) more than 2000 but not more than 5000 7 C

(3) more than 5000 but not more than 800 9 B

(4) more than 8000 ... . 11 A

(2) All the members of a panchayat shall be elected.

(3) The 16[State Election Commisssion in consultaion with the Government,] shall divide each Panchayat area into wards the number of which shall be equal to the number of members determined in respect of such Panchayat under sub-section (1).

(4) In every Panchayat, seats shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats in the Panchayat as the population of the Scheduled Castes and the Scheduled Tribes in the Panchayat area bears to the total population of the Panchayat area:

Provided that 17[State Election Commisssion in consultaion with the ---6--- Government,] may by notification reserve any seat reserved for Scheduled Castes and Scheduled Tribes for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes:

18[Provided further that the 19[State Election Commisssion in consultaion with the Government,] may, by order published in the Official Gazette, direct any Panchayat to co-opt in such manner as may be prescribed, a person belonging to the Scheduled Caste, where there is a reasonable population of the Scheduled Caste but the reservation may not be made.]

(5) The 20[State Election Commisssion in consultaion with the Government,] may, by notification reserve such number of seats in any Panchayat as may be considered necessary, taking into account the population of the backward classes in the Panchayat area, for persons belonging to the backward classes.

(6) Not less than one third (including the number of seats reserved for women belonging to Scheduled Castes or Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women:

Provided that the seats reserved under sub-section (4), (5) and (6) shall be allotted by rotation to different wards in the panchayat area:

Provided further that nothing contained in this section shall be deemed to prevent a woman or a person belonging to the Scheduled Castes and Scheduled Tribes or Backward Classes from contesting for elections to any non-reserved ward in such Panchayat.

(7) Notwithstanding anything contained in sub-section (1) where two-thirds of the total number of members are required to be elected or have been elected, failure to elect the remaining members shall not affect the constitution of the Panchayat.

(8) The Director shall publish, in the prescribed manner, the names of members elected or deemed to have been duly elected to a Panchayat.

21[Explanation:— In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures of have been published, but where figures of census are not available, the population shall be ascertained from other relevant authenticated records maintained by the Government.]

8. Incorporation of Panchayats.— Every 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 of properties both movable and immovable and to contract and shall by the said name sue or be sued.

9. Qualification for membership.— Every person whose name is in the list of voters referred to in section 13 of the wards in a Panchayat shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any ward in that Panchayat:

Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women, no person who is not a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes or is not a woman, as the case may be, shall be qualified to be elected to such seat.

10. Disqualification for membership.— A person shall be disqualified for being chosen as, and for being, a member of the Panchayat if,—

(a) he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature:

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Provided that no person shall be disqualified on the ground that he is less than twentyfive years, if he has attained the age of twenty-one years;

(b) he has been dismissed from service of the Government or any local authority;

(c) he holds any office of profit under any local or other authorities subject to the control of the Central Government, the State Government or the Government of any other States, other than such offices as are declared by rules made under this Act not to disqualify the holder;

(d) he is in arrears for such period as may be prescribed of any tax, fee or other sum due to the Panchayat;

(e) he has been convicted by a court of any offence involving moral turpitude and five years have not been elapsed since his release; or

(f) he has directly or indirectly any share or monetary interest in any work done by or to the Panchayat or any contract or employment with, under or by or on behalf of, the Panchayat;

(g) he is employed in any Corporation, whether statutory or otherwise, owned or controlled or financed in part or fully, by the Central Government or the Government or any State Government.

22[10A. If a person who has been elected as a member of the Panchayat is or becomes a member of the House of the People, the Council of States or the State Legislative Assembly, then at the expiration of a period of fifteen days of such election, his seat in the Panchayat shall become vacant, unless he has previously resigned from his seat in the House of the People, Council of States or the State Legislative Assembly, as the case may be].

11. Decision on questions as to disqualification.— If any question arises as to whether a member of a Panchayat has become subject to any disqualification referred to in section 10, it shall be referred to the State Election Commission for decision and its decision thereon shall be final.

12. Vacation of seat by members.— (1) If a member of a Panchayat—

(a) is or becomes subject to any of the disqualifications mentioned in section 10; or

(b) absents himself for more than three consecutive ordinary meetings of the Panchayat without the leave of the Panchayat or is absent from the State of Goa for more than four consecutive months:

Provided that when an application is made by a member for leave to the Panchayat for leave to absent himself and the Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the receipt of the application by the Panchayat, the leave applied for shall be deemed to have been granted by the Panchayat.

(c) absents himself with leave of the Panchayat for a period not exceeding six months but fails to attend the next meeting of Panchayat after the expiry of such leave.

(d) votes or takes part in discussion in contravention of the provisions of sub-section

(4) of section 55, his seat shall be deemed to be or to have become, as the case may be, vacant.

(2) If any question arises as to whether a person is or has become subject to disqualification under 23[clause (b) clause (c) or clause (d)] of sub-section (1), the 24[Block Development Officer] may either suo-moto or on a report made to him and after ---8--- giving an opportunity to the person concerned of being heard, decide the question whose decision shall be final.

13. Lists of Voters.— (1) Subject to the provisions of sub-section (1), the electoral roll of the 25[Legislative Assembly of the State] for the time being in force for such part of the ward of a Panchayat shall be deemed to be the list of voters for such Panchayat wards.

(2) No amendment transposition or deletion of any entry in the electoral roll of the 26 [Legislative Assembly of the State] made after, the last date of making nominations for an election in any Panchayat ward and before the completion of such election shall form part of the list of voters for such election for the purpose of this section.

14. Right to vote. — (1) Every person whose name appears in the voters list relating to a ward shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the voters list remains in force and no person whose name does not appear in such voters list shall vote at any such election.

(2) No person shall vote at any election under this Act in more than one ward or more than once in the same ward.

15. Election of members.— The election of members from wards of a Panchayat shall be held in accordance with such manner as may be prescribed on such date or dates as the Government may, by notification direct:

Provided that a casual vacancy in a ward shall be filled up within a period of six months from the date of occurrence of the vacancy.

27[Provided further that nothing contained in this section shall apply if,-

(a) the remainder of the term of a member in relation to a vacancy is less than one year ;or

(b) the State Election Commission in consultation with the Government certifies that it is difficult to hold the bye-election within the said period.]

16. Election Petition.— (1) No election to fill a seat or seats in a Panchayat shall be called in question except by an election petition prescribed on one or more of the grounds specified in sub-section (1) of section 20 and section 21 to such authority as may be prescribed, by any candidate at such election or by any voter qualified to vote at such election together with a deposit of five hundred rupees as security for costs, within thirty days from, but not earlier than, the date of declaration of the result of the election of the returned candidate at the election, and if the dates of declaration of the results of their election are different, the last of these dates.

(2) A petitioner shall join as respondents to his petition,-

(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates;

and

(b) any other candidates against whom allegations of any corrupt practice are made in the petition.

(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.

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Explanation:— The expression “returned candidate” means candidate who has been declared as duly elected.

17. Contents of petition and relief that may be claimed.— (1) An election petition,—

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

(3) A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

18. Trial of election petition. — (1) The prescribed authority shall dismiss an election petition which does not comply with any of the provisions of sections 16 and 17.

Explanation:— An order dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of sub-section (1) of section 19.

(2) Where more election petitions than one are presented to the prescribed authority in respect of the same election the prescribed authority may, try them separately or in one or more groups.

(3) Any candidate not already a respondent shall, upon application made by him to the prescribed authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the prescribed authority, be entitled to be joined as a respondent.

Explanation:— For the purpose of this section, a trial of petition shall be deemed to commence on the date fixed for the respondents to appear before the prescribed authority and answer the claim or claims made in the petition.

(4) The prescribed authority, may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition, which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial be continued from day to day until its conclusion, unless the prescribed authority finds the adjournment of trial beyond the following day to be necessary for reasons to be recorded.

(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election ---10--- petition is presented to the prescribed authority for trial.

(7) Subject to the provisions of this Act, every election petition shall be tried by the prescribed authority, as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), to the trial of suits:

Provided that the prescribed authority shall have discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if he is of the opinion that their evidence is not material for the decision of petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(8) The Provisions of the 28[Bharatiya Sakshya Adhiniyam, 2023 (Central Act 47 of 2023)], shall subject to the provisions of this Act be deemed to apply in all respects to the trial of an election petition.

(9) Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of the election petition on the ground that it is not duly stamped or registered.

(19) Decision of the prescribed authority.— (1) At the conclusion of the trial of an election petition, the prescribed authority shall make an order,—

(a) dismissing the election petition; or

(b) declaring the election of all or any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidates to have been duly elected.

(2) At the time of making an order under sub-section (1), the prescribed authority shall also make an order,—

(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording,-

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and

(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:

Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless-

(i) he has been given notice to appear before the prescribed authority and to showcause why he should not be so named; and

(ii) if he appears in pursuance of the notice he has been given an opportunity of cross examining any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.

20. Grounds for declaring election to be void.— (1) Subject to the provisions of subsection (2), if the prescribed authority is of opinion,—

(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen as member under this Act; or ---11---

(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or

(d) that the result of the election, in so far as it concerned a returned candidate, has been materially affected,—

(i) by the improper acceptance of any nomination; or

(ii) by any corrupt practice commuted in the interests of the returned candidate by an agent; or

(iii) by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or

(iv) by any non-compliance with the provisions of this Act or of any rules or order made thereunder; the prescribed authority shall declare the election of the returned candidate to be void.

(2) If in the opinion of the prescribed authority, any agent of a returned candidate has been found guilty of any corrupt practice, but the prescribed authority is satisfied,—

(a) that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders and without the consent of the candidate;

(b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and

(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agent;

then the prescribed authority may decide that the election of the returned candidate is not void.

21. Grounds on which a candidate other than the returned candidate may be declared to have been elected.— (1) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate claims a declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion,—

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes;

the prescribed authority shall after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

(2) The decision of the prescribed authority shall be final.

22. Procedure in case of equality of votes.— If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of these candidates to be declared elected, then the prescribed authority shall decide between them by lot and proceed as if the one on whom the lot falls has received an additional vote.

23. Corrupt practices.— The following shall be deemed to be corrupt practices for the purposes of this Act, namely:— ---12---

(i) bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951), for the time being in force;

(ii) undue influence as defined in clause (2) of section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951), for the time being in force;

(iii) the appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of or appeal to national symbols, such as the National flag or the National emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;

(iv) the promotion of or attempt to promote, feelings of enemity or hatred between different classes of the citizens on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of that candidate or for prejudicially affecting the election of any candidate;

(v) the publication by a candidate or his agent or by any other person, with the consent of candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidature, being a statement reasonably calculated to prejudice the prospects of the candidate’s election;

(vi) the hiring or procuring, whether on payment or otherwise, any vehicle, or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent, or the use of such vehicle or vessel for the free conveyance of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:

Provided that the use of any public transport vehicle or vessel or railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation:— In this clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise, whether used for the drawing of other vehicles or otherwise.

(vii) the holding of any meeting at which intoxicating liquors are served;

(viii) the issuing of any circular, placard or poster having reference to the election which does not bear the name and address of the printer and publisher thereof;

(ix) any other practice which the Government may by rule specify to be a corrupt practice.

24. Order as to corrupt practices.— The corrupt practices referred to in section 23 shall entail disqualification for membership of any local authority for a period of five years counting from the date on which the finding of the prescribed authority as to such practices takes effect under this Act.

25. Communication of orders.— The prescribed authority shall after announcing the orders made under sections 20 and 21 send a copy thereof to the Government.

26. Fresh election if a seat becomes vacant.— If the seat of any member has become vacant or is deemed to have become vacant under section 12, a fresh election for the ---13--- vacancy caused shall be held in accordance with the provisions of this Act.

27. Prohibition of canvassing in or near polling station.— (1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:—

(a) canvassing for votes; or

(b) soliciting the vote of any voter; or

(d) persuading any voter not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice relating to the election).

29(2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to rupees five hundred.

[(2) Any person who contravenes the provision of sub-section (1) shall be liable to a penalty which may extend to five thousand rupees..]

(3) An offence punishable under this section shall be cognizable.

28. Penalty for disorderly conduct in or near polling stations.— (1) No person shall on the date or dates on which a poll is taken at any polling station,—

(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes or willfully aids or abets the contravention of the provision of sub-section (1) shall, on conviction, be punished with imprisonment which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reasons to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

29. Penalty for misconduct at polling station.— (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be ---14--- punished with imprisonment for a term which may extend to three months, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

30. Maintenance of secrecy of voting. — (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at any election shall maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.

31. Officers etc., at elections not to act for candidate or influence voting.— (1) No person who is a returning officer or a presiding or a polling officer at any election or any officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election, shall, in the conduct or management of the election do any act (other than the giving of a vote ) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force shall endeavour,—

(a) to persuade any person to give his vote at an election; or

(b) to dissuade any person from giving his vote at an election;

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

(4) An offence punishable under sub-section (2) shall be cognizable.

32. Breaches of official duty in connection with elections.— (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty he shall, on conviction, be punished with fine which may extend to five hundred rupees.

30 (2) An offence under sub-section (1) shall be cognizable.

[(2) If any person to whom this section applies, without reasonable cause, commits any act or omission in breach of his official duty, he shall be liable to a penalty which may extend to five thousand rupees.]

(3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(4) The person to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election; and the expression “official duty” shall for the purpose of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

33. Removal of ballot papers from polling stations to be an offence.— (1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall on conviction, be punished with imprisonment for a term which may extend to one year or ---15--- with fine or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1) such officer may before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

34. Other offences and penalties thereof.— (1) A person shall be guilty of an offence if at any election, he,—

(a) fraudulently defaces, or fraudulently destroys any nomination paper; or

(b) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of returning officer; or

(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purpose of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.

(2) Any person guilty of an offence under this section shall,—

(a) if he is a returning officer or presiding officer of a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;

(b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

(3) For the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act in connection with such election.

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

35. Promotion of enemity between classes in connection with election.— Any person who in connection with an election under this Act, promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enemity or hatred between different classes of citizens of India shall, on conviction, be punished ---16--- with imprisonment for a term which may extend to three years, or with fine or with both.

36. Prohibition of public meetings on the day preceding the election day and on the election day.— (1) No person shall convene, hold or attend any public meeting, within any polling area within forty eight hours before the commencement of the poll or the date or dates on which poll is taken for an election in that polling area.

31(2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

[(2) Any person who contravenes the provisions of sub-section (1) shall be liable to a penalty which may extend to two thousand five hundred rupees.]

37. Powers of Collector to prohibit fairs etc. on election day.— The Collector may, in order to ensure free and fair election prohibit any fair (including cattle fairs) in a Panchayat area on the day of election to the Panchayat of such area.

38. Disturbance of election meetings.— 32(1) Any person who at a public meeting held in connection with an election under this Act, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall, on conviction be punished with fine which may extend to five hundred rupees.

[(1) Any person who, at a public meeting held in connection with an election under this Act, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called, shall be liable to a penalty which may extend to five thousand rupees.]

(2) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails to so declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

39. Restrictions on the printing of pamphlets, posters etc.— (1) No person shall print or publish, or cause to be printed or published any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

(2) No person shall print or cause to be printed any election pamphlet or posters:—

(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known is delivered by him to the printer in duplicate; and

(b) unless within a reasonable time after the printing of the documents, one copy of the declaration is sent by the printer, together with one copy of the document to the District Magistrate.

(3) For the purposes of this section,—

(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression ‘printer’ shall be construed accordingly; and

(b) election pamphlet or poster means any printed pamphlet, hand bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election but does not include any hand bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to ---17--- election agents or workers.

(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section

(2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

3340. Penalty for illegal hiring or procuring of conveyance at election.— If any person is guilty of any such corrupt practice as is specified in clause (vi) of section 23 at or in connection with an election, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

[40. Penalty for illegal hiring or procuring of conveyance at election.— If any person is guilty of any such corrupt practice as is specified in clause (vi) of section 23 at or in connection with an election, he shall be liable to a penalty which may extend to five thousand rupees.”] 34 [40A Grant of paid holiday to employees on the day of poll.— (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to Panchayat shall, on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.]

41. Prosecution in certain offences.— No court shall take cognizance of an offence punishable under clause (a) of sub-section (2) of section 34, unless there is a complaint made by an order of or under authority from the Director.

42. Term of office.— The members of a Panchayat shall, save as otherwise provided in this Act, hold office, for a term of five years.

43. Commencement of term of office.— The term of office of the members elected at a general election shall commence on the date appointed for the first meeting of the Panchayat.

(2) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under sub-section (8) of section 7.

(3) As soon as may be after the first meeting of the Panchayat, every member thereof shall take the oath of office before such Officer as may be prescribed. 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 Panchayat.

44. Resignation of member.— A member of a Panchayat may resign his membership in writing under his hand addressed to the Sarpanch and his seat shall become vacant on the expiry of seven days from the date of the receipt of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his hand addressed, to the Sarpanch:

Provided that no such resignation shall be taken cognizance of by the Sarpanch unless presented either by the resigning member himself or his signature duly attested by Notary Public or Gazetted Officer and he is satisfied about the genuineness of signature and voluntariliness of resignation.

45. Reservation of office of Sarpanch and Deputy Sarpanch.— The Government may by general or special order reserve,—

(a) such number of offices of Sarpanch and Deputy Sarpanch of Panchayats in the ---18--- State for the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of the offices in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bears to the total population of the State.

(b) such number of offices of Sarpanch and Deputy Sarpanch of the Panchayats, which shall as nearly as may be, one-third of the total number of offices of Sarpanch and Deputy Sarpanch in the State for the persons belonging to the Backward Classes;

(c) not less than one-third of the total number of offices of Sarpanch and Deputy Sarpanch of Panchayats in the State from each of the categories which are reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and of those which are non-reserved for women:

Provided that the offices reserved under this sub-section shall be allotted by rotation to different Panchayats.

Explanation:— For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this section shall commence from the first election to be held after the commencement of this Act.

46. 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”.]

49. Appointment of Sarpanch during vacancy in the office.— During a vacancy in the office of the Sarpanch of the Panchayat, the Deputy Sarpanch and when there is no Deputy Sarpanch an officer appointed by the Director shall exercise the powers and perform the duties of the Sarpanch until a Sarpanch is duly elected.

50. Resignation or Removal of Sarpanch or Deputy Sarpanch.— (1) The Sarpanch of the Panchayat may resign his office by writing under his hand addressed to the Director and the Deputy Sarpanch of the Panchayat may resign his office by writing under his hand addressed to the Sarpanch and in the absence of the Sarpanch to the Director.

(2) Every Sarpanch or Deputy Sarpanch of the Panchayat shall be deemed to have vacated his office forthwith if he ceases to be a member of the Panchayat.

(3) Every resignation under sub-section (1) shall take effect on the expiry of ten days from the date of its receipt by the Director or the Sarpanch as the case may be, unless within the period of ten days he withdraws such resignation by writing under his hand.

46[(4) Every Sarpanch or Deputy Sarpanch of a Panchayat shall, after an opportunity is ---20--- afforded for hearing him, be removable from his office as Sarpanch or Deputy Sarpanch by the Director for being persistently remiss in the discharge of his duties or misconducting himself or misuses or abuses the powers or exercising the powers not expressly vested in him by or under the Act or the rules framed thereunder and the Sarpanch or Deputy Sarpanch so removed who does not cease to be a member under sub- -section (2) shall not be eligible for re-election as Sarpanch or Deputy Sarpanch for such period not exceeding five years as the Director may specify in his order.

(5) A Sarpanch or Deputy Sarpanch removed from his office under sub-section (4) may also be removed by the Director from the membership of the Panchayat for such period not exceeding five years as the Director may specify in his order.]

51. Motion of no confidence against Sarpanch and Deputy Sarpanch.— 47[(1)] Every Sarpanch or Deputy Sarpanch shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of a total members of the Panchayat at a meeting specially convened for the purpose:

Provided that no such 48[notice of motion of no-confidence] shall be taken into consideration unless it is signed by the majority of the Members:

49[Provided further that no notice of motion of no confidence shall be moved within six months after the meeting of Panchayat defeating the motion of no confidence.]

50[(2) The notice of no confidence motion shall be delivered to the Block Development Officer who shall convene a special meeting of the Panchayat to consider the no confidence motion within fifteen days from the receipt of the notice thereof.

(3) A copy of notice of no confidence motion shall also be delivered to the Secretary of the Panchayat.

(4) The procedure to be followed for such a special meeting shall be such as may be prescribed.]

52. Procedure at meeting.— The procedure at a meeting of the Panchayat shall be as prescribed.

53. Casual Vacancies.— 51[(1)] A casual vacancy in the office of Sarpanch or Deputy Sarpanch or member of the Panchayat shall be filled by election of Sarpanch or Deputy Sarpanch or member who shall hold office so long as the Sarpanch, Deputy Sarpanch or member in whose place he has been elected would have held office, if the vacancy had not occurred.

52[(2) The procedure for filling up casual vacancies of Sarpanch or Deputy Sarpanch shall be such as may be prescribed.

(3) The date for calling the election to fill up the casual vacancy in the office of Sarpanch or Deputy Sarpanch shall be fixed by the Director within a period of sixty days from the date of occurrence of such vacancy or from the date of intimation to the Directors, whichever is earlier.]

54. Meeting of the Panchayat.— (1) A Panchayat shall meet for transaction of business at least once in 53[fifteen days seven days] at the office of the Panchayat and at such time as the Sarpanch may determine.

(2) The Sarpanch 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 54[within fifteen days within seven days] from the receipt of such request 55 [hold] a special meeting.

(3) 56[Seven clear days three clear days], notice of an ordinary meeting and 57 [three clear days two clear days] notice of a special meeting specifying the place, date and time ---21--- of such meeting and the business to be transacted thereat, shall be given by the Secretary of the Panchayat to the members and such officers as the Government may prescribe, and affixed on the notice board of the Panchayat.

(4) The officers to whom notice is given under sub-section (3) and other Government officers having jurisdiction over the Panchayat area or any part thereof shall be entitled to attend every meeting of the Panchayat and take part in the proceedings, but shall not be entitled t 58[(5) If the Sarpanch fails to hold a special meeting as provided in sub-section (2), the Block Development Officer shall hold such a meeting within seven days upon the receipt of the written request of not less than one-third of the total number of members of the Panchayat.]

59 [Explanation:— For the purpose of this section, the date of presentation of written request in the office of the Panchayat or the Block Development Officer, as the case may be shall be the date from which the period is to be counted.]

55. Quorum and Procedure.— (1) The quorum for a meeting of the Panchayat shall be one-third of the total number of members. If at the time appointed for the meeting a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. He shall similarly after waiting for thirty minutes adjourn the meeting, if at any time, after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be pasted in the office of the Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at any subsequent adjourned meeting at which there is a quorum.

(2) Save as otherwise provided by or under this Act, at every meeting of Panchayat, the Sarpanch or in his absence the Deputy Sarpanch shall preside, and in the absence of both, the members present shall choose one from amongst themselves to preside over the meeting.

(3) All questions shall, unless otherwise specifically provided, be decided by a majority of votes of the members present and voting. The Sarpanch or Deputy Sarpanch or person presiding, as the case may be unless he refrains from voting shall give his vote before declaring the number of votes for and against a question and in the case of equality of votes he may give his casting vote.

(4) No member of a Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of a Panchayat, if the question is one in which, apart from its general application to the public, he has any pecuniary interest, and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.

(5) 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 Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

(6) Such sitting fees as may be prescribed shall be paid to each member for attending the meeting of the Panchayat or any committee thereof.

56. Modification or cancellation of resolution.— No resolution of a Panchayat shall be modified or cancelled within six months after the passing thereof, except by a resolution passed by not less than one-half of the total number of members at an ordinary ---22--- or special meeting, notice whereof shall have been given fulfilling the requirements of sub-section (3) of section 54 setting forth fully the resolution which is proposed to be modified or cancelled at such meeting and the motion or proposition for the modification or cancellation of such resolution.

57. Minutes.— (1) Minutes shall be kept of the names of the members and of the officers, if any present, and of the proceedings at each meeting of the Panchayat and if any members present at the meeting so desires, of the names of the members voting respectively for or against any resolution, in a book to be provided for the purpose and after they are read over and agreed to shall be signed by the Sarpanch or Deputy Sarpanch or person presiding at such meeting and shall at all reasonable times be open to inspection by any member of the Panchayat. Any person may inspect the copy of the minutes of the meeting. The minutes book shall always be kept in the office of the Panchayat and shall be in the custody of the Secretary of the Panchayat.

(2) A copy of the minutes of every meeting of Panchayat shall within ten days from the date of the meeting, be forwarded by the Secretary to the 60[Block Development Officer.]

58. Interpellations and resolutions.— (1) Any member may call the attention of the Sarpanch to any neglect in the execution of the Panchayat work or to any waste of Panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable.

(2) Every member shall have a right to move resolution and to interpellate the Sarpanch on matters connected with the administration of the Panchayat, subject to such rules as may be prescribed.

59. Validity of proceeding.— (1) No disqualification of or defect in the election or appointment of any person acting as member, or as the Sarpanch of the Panchayat or Chairman or member of a Committee of a Panchayat constituted under this Act shall be deemed to vitiate any act or proceeding of the Panchayat or 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 proceeding were entitled to act.

(2) No resolution of a Panchayat or of any Committee of a Panchayat constituted 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 Panchayat or Committee were not prejudicially affected by such irregularity.

(3) Until the contrary is proved, every meeting of a Panchayat or of a Committee of a Panchayat constituted 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 and 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 been duly constituted and to have had the power to deal with matter referred to in the minute.

(4) During any vacancy in a Panchayat or Committee of a Panchayat, the continuing members may act as if no vacancy had occurred.

CHAPTER III Functions, Duties and Powers of Panchayats, Sarpanch and Deputy Sarpanch

60. Functions of the Panchayat.— (1) Subject to such conditions as may be specified by the Government from time to time, the Panchayat shall perform the functions specified in Schedule-I.

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(2) The Panchayat may also make provision for carrying out within the Panchayat area any other work or measure which is likely to promote the health, safety, education, comfort, convenience or special or economic well-being of the inhabitants of the Panchayat area.

(3) The Panchayat may, by a resolution passed at its meeting and supported by two-- thirds of its total number of members and with prior approval of the 61[Director],—

(a) make provision for or make contribution towards, any exhibition, conference or seminar without or outside the Panchayat area but within the district; or

(b) make contribution to any medical, educational or charitable institutions or any other institutions of public utility, within the Panchayat area which are registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or under any other law for the time being in force.

61. Assignments of functions.— (1) The Government may, by notification and subject to such conditions as may be specified therein,—

(a) transfer to any Panchayat the management and maintenance of a forest situated in the Panchayat area;

(b) make over to the Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area;

(c) entrust the Panchayat with the collection of land revenue on behalf of the Government and the maintenance of such records as are connected therewith;

(d) entrust such other functions as may be prescribed:

Provided that no entrustment under clause (c) shall be made without the concurrence of the Panchayat concerned:

Provided further that when any transfer of the management and maintenance of a forest is made under clause (a) the Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the Panchayat.

(2) The Government may, by notification, withdraw or modify the functions assigned under this section.

62. General powers of the Panchayat.— Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and in particular and without prejudice to the foregoing powers to exercise all powers specified under this Act.

63. Standing Committees. — (1) Every Panchayat may constitute the following committees by election:-

(i) Production Committee for performing functions relating to agricultural production, animal husbandry and rural industries and poverty alleviation programmes;

(ii) a Social Justice Committee for performing functions relating to,

(a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes;

(b) protection of such castes and classes from social injustice and any form of exploitation;

(iii) an Amenities Committee to perform functions in respect of education, public ---24--- health, public works and other functions of the Panchayat.

(2) (a) Each Committee shall consist of not less than three and not more than five members including the Chairman and Vice-Chairman, as the case may be. The Sarpanch shall be the ex officio member and Chairman of Production Committee and Amenities Committee. The Deputy Sarpanch shall be the ex officio member and Chairman of the Social Justice Committee:

Provided that the Social Justice Committee shall consist of at least one member who is a woman and one member belonging to the Scheduled Castes or Scheduled Tribes.

(b) Each Committee shall be competent to co-opt in such manner as may be prescribed, members of farmers clubs, mahila mandals, yuvak mandals and other similar bodies recognized by the Government. A representative of co-operative societies in the Panchayat area shall be co-opted to the Production Committee. The rights and liabilities of the co-opted members shall be such, as may be prescribed.

(3) The Standing Committee shall perform the functions referred to above to the extent the powers are delegated to them by the Panchayat.

64. Powers and duties of the Sarpanch and Deputy Sarpanch.— (1) The Sarpanch of the Panchayat shall, in addition to the power exercisable under any other provision of this Act or rules made thereunder,—

(a) convene meeting of the Panchayat;

(b) have access to the records of the Panchayat; 62[…]

63[(d) incur expenditure not exceeding 64[rupees five thousand] per month on any matter in an emergency and in public interest;

(e) recommend or not, the sanction of any kind of leave to all the officers and employees of the Panchayat including the Gram Sevak;

(f) place all the correspondence received from the Government, Director, Chief Executive Officer, before the meeting of the Panchayat;

(g) hold regular Gram Sabha and other meetings of the Panchayat;

(h) recover the tax, fees and other dues from the defaulters of the Panchayat;

(i) place the audit report before the meeting of the Panchayat and ensure its due compliance;

(j) stop any unauthorized construction erected in the Panchayat area notwithstanding anything contained in sub-section (3) of section 66 of this Act and place the matter immediately before the ensuing meeting of the Panchayat for taking suitable decision;

(k) remove encroachment and obstruction upon public property, street, drains and open sites not being private property;

(l) ensure due compliance of the provisions of the Act; and

(m) comply with the directions/instructions issued by the Director, Chief Executive Officer, Deputy Director or Block Development Officer.]

(2) The Sarpanch may, if in his opinion the immediate execution of any work or doing of any act which requires the sanction of a committee or of the Panchayat, is necessary in public interest convene a meeting for the purpose with a notice of twenty four hours.

---25--- 65[(3) The Deputy Sarpanch of the Panchayat shall exercise all the powers and perform all the duties and functions of the Sarpanch of the Panchayat, whenever the Sarpanch is absent or is on leave or resigns from office or expires or is disqualified or is incapacitated from functioning or if a motion of no confidence is passed against him under section 51 of this Act, until the Sarpanch resumes his office or the post of Sarpanch is filled by election, as the case may be.]

65. Power of Panchayat as to roads, bridges, etc.— All village roads and bridges thereon, cart tracks, drain, well and other public places in the Panchayat area not being private property and not being under the control or management of Zilla Panchayat, or Municipal Council, or the Government shall vest in the Panchayat and the Panchayat may do all things necessary for the maintenance and repair thereof, and may,-

(a) layout and make new roads;

(b) construct new bridges;

(d) with the previous sanction of the Zilla Panchayat divert, discontinue or close any road or bridge; and

(e) deepen or otherwise improve any water way:

Provided that no road or bridge shall be diverted, discontinued or closed before the Panchayat publishes its intention of doing so and calls for objections and obtains the approval of the Zilla Panchayat to which a copy of the resolution of the Panchayat and the objections thereto shall be forwarded.

66. Regulation of the erection of buildings.— 66[(1) Subject to such rules as may be prescribed, no person shall erect any building or alter or add to any existing building or reconstruct any building without the written permission of the Panchayat. The permission may be granted after an application for the purpose is made and on payment of such fees as prescribed.]

67[Provided further that a building which is reflected in the record of rights and the first promulgated survey plan prepared under the provisions of the Goa Land Revenue Code, 1968 (9 of 1969) shall be deemed to have been erected with due permission of the Panchayat.].

68[(2) If a Panchayat does not, within a period of thirty days from the date of receipt of the application under subsection (1), determine whether such permission should be given or not and communicate its decision to the applicant, the Secretary shall forward the application to the Block Development Officer on expiry of such period of thirty days and the applicant may also file an appeal within a period of thirty days from the date of expiry of aforesaid period to the Block Development Officer. The Block Development Officer shall immediately upon receipt of such application from the Secretary or appeal from the applicant, whichever is earlier, proceed to determine whether such permission should be given or not. If the Block Development Officer fails to determine whether such permission should be given or not and communicate his decision to the applicant within a period of thirty days from the date of intimation by the Secretary or receipt of appeal, immediately upon expiration of such period of thirty days, such permission shall be deemed to have been granted to the applicant to execute the work strictly in accordance with the technical clearance and plans as approved by the Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities and not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force;]

---26--- 69[(2) If the Panchayat does not, within a period of fifteen days from the date of receipt of the application under sub-section (1), determine whether such permission should be given or not and communicate its decision to the applicant, after expiry of such period of fifteen days, such permission shall be deemed to have been granted to the applicant and the applicant shall be free to execute the work strictly in accordance with the technical clearance and plans as approved by Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force:

Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of seven days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of fifteen days specified for the purpose of determination of application by the Panchayat.]

70[(2A) Where the permission under sub-section (1) is deemed to have been granted under sub-section (2), before proceeding with execution of the work, the applicant shall give intimation notice in such form as prescribed, to the Panchayat, the Block Development Officer and the Town and Country Planning Authorities 71 [within a period of fifteen days from the date on which such permission is deemed to have been granted under sub-section (2)] and he shall also deposit with the Secretary the fees payable under sub-section (1). The Secretary shall be duty bound to accept such fees and issue proper receipt to the applicant and credit such fees to the Panchayat Fund.

(2B) The applicant after complying with the provisions of sub-section (2A), shall be entitled to execute the work strictly in accordance with the technical clearance and plans approved by the Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities and the applicant shall follow the procedure as may be applicable for obtaining the completion certificate within the validity period.

(2C) Subject to such rules as prescribed, no building erected, reerected or altered in pursuance of sub-section (1), (2) or (2B), shall be occupied in whole or part until an occupancy certificate is issued by the Panchayat after confirming that such building is in conformity with approved plans.

(2D) The occupancy certificate shall be issued by Panchayat on payment of such occupancy fees as prescribed.

(2E) If a Panchayat does not, within thirty days from the date of receipt of application for occupancy certificate, determine whether such occupancy certificate should be issued or not and communicate its decision to the applicant, such occupancy certificate shall be deemed to have been issued, if the applicant has obtained necessary completion certificate from the Town and Country Planning Authorities as per the provisions of the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) and the Regulations framed thereunder.

72[(2E) If the Panchayat does not, within a period of fifteen days from the date of receipt of application for occupancy certificate, determine whether such occupancy certificate should be issued or not and communicate its decision to the applicant, after expiry of such period of fifteen days, such occupancy certificate shall be deemed to have ---27--- been issued if the applicant has obtained necessary completion certificate from the Town and Country Planning Authorities as per the provisions of the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) and the Regulations framed thereunder:

(2F) Where the occupancy certificate is deemed to have been issued under sub-section (2E), before proceeding to occupy the premises, the applicant shall give intimation notice in such form as prescribed to the concerned Panchayat and the Block Development Officer 73[within a period of fifteen days from the date on which such occupancy certificate is deemed to have been issued under sub-section (2E)] and he shall also deposit with the Secretary the occupancy fees as payable under sub-section (2D). The Secretary shall be duty bound to accept the occupancy fees and issue a proper receipt to the applicant and credit such fees to the Panchayat Fund.]

(3) Whenever any building is erected, added to or reconstructed without such permission or in any manner contrary to the rules prescribed under sub-section (1) or any conditions imposed by the permission granted, the Panchayat may,—

(a) direct that the building, alteration or addition be stopped; or

(b) by written notice require within a reasonable period to be specified therein, such building alteration or addition to be altered or demolished 74 [ ].

(4) In the event of non-compliance with terms of any notice under clause (b) of subsection (3) within the period specified in the notice, it shall be lawful for the Panchayat to take such action as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the Panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable as if it were a tax imposed under this Act.

75[(5) Where the Panchayat fails to demolish the building which is erected, added to or reconstructed without the permission of the Panchayat, or in any manner contrary to the rules made under the Act or any conditions imposed in the permission, within a month from the date of the knowledge, the Deputy Director shall assume the powers of the Panchayat under sub-sections (3), (4) and (5) and take such steps as may be necessary for the demolition of such building.

(6) Notwithstanding anything contained in the foregoing provisions, the Block Development Officer concerned may, by notice addressed to the person responsible, stop any construction which is being constructed in violation of the provisions of the Act or rules or bye-laws made thereunder and refer the case to the Deputy Director of Panchayat.

On receipt of the notice, such person shall forthwith stop the same.

(7) An appeal shall lie to the Director, within a period of thirty days from any order of direction or notice issued under any of the provisions of this section and the decision of the Director on such appeal shall be final.

Explanation:— For the purpose of this section, failure to communicate the decision by the Panchayat under sub-section (2) and failure to demolish the building under sub- ---28--- sections (3) and (4) shall be deemed to be ‘remiss’ in the performance of duties by the Panchayat.]

67. Power of Government to prohibit and regulate the erection of building in certain areas without permission.— (1) Notwithstanding anything contained in section 66 the Government may, in the interest of the general public and after consulting the Panchayat concerned, prohibit by notification the erection of any building within a specified area within the jurisdiction of a Panchayat except with the permission granted by the Government or any officer authorized by the Government in this behalf (hereinafter in this section referred to as the “authorized officer”):

Provided that such prohibition shall not be made in respect of land which has been set apart as a building site by the Government or the Panchayat prior to the date of such notification.

(2) Subject to the provisions of sub-section (3), the grant of any permission under subsection (1) may be subject to such conditions as may be imposed by the Government or the authorized officer in each case or specified generally.

(3) The Government may publish a development plan in respect of the area notified under sub-section (1) after following such procedure as may be prescribed, and on the publication in such plan, no building shall be erected or constructed in such area except in accordance with the specifications and conditions specified in such development plan.

(4) Whoever erects any buildings contrary to the provisions of sub-section (2) or (3) shall, on conviction, be punished with fine, which may extend to five thousand rupees.

(5) The Government or the authorized officer, as the case may be, may demolish any building erected contrary to the provisions of sub-section (1) or (3) or in violation of the conditions imposed under sub-section (2).

68. Permission for the construction of factories and the installation of machinery.— 76[(1)] No person shall, without the permission of the Panchayat and except in accordance with the condition specified in such permission,—

(a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power; or other mechanical power or electrical power; or

(b) install in any premises, any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by rules made by the Government under this Act.

77[(2) The provisions of sub-sections (2), (2A), (2B), (2C), (2D), (2E), (2F), (3), (4),

(5), (6) and Explanation to section 66 of this Act shall apply mutatis mutandis, to this section.]

69. Prohibition of offensive or dangerous trades without licence.— No place within the jurisdiction of Panchayat shall be used for the purpose of any trade, business or industry which the Government may, by notification declare to be offensive or dangerous, except under a licence granted or renewed by the Panchayat and subject to such conditions as may be imposed in the licence.

70. Control of hotels etc.— No place within the jurisdiction of a Panchayat shall be used as a 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 except under a licence granted or renewed by the Panchayat and except in accordance with condition specified therein.

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71. Licensing of shops.— No place within the jurisdiction of a Panchayat shall be used as a shop whether permanently or temporarily, except under a licence granted or renewed by the Panchayat and except in accordance with the conditions specified therein.

72. Provisions applicable to permission and licences.— 78[(1) A permission under section 68 or the licence under section 69, 70 or 71, shall be granted or renewed only after an application for the purpose is made and on payment in advance of such fee as prescribed].

(2) The Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 68 or to grant or renew a licence or suspend or cancel a licence granted or renewed, under sections 69, 70 and 71 for default of any of the conditions subject to which the licence was granted.

79[(2A) If a Panchayat does not, within a period of thirty days from the date of receipt of the application under subsection (1), determine whether such licence under section 69, 70 or 71 should be granted or not and communicate its decision to the applicant, the Secretary shall forward the application to the Block Development Officer on expiry of such period of thirty days and the applicant may file an appeal within a period of thirty days from the date of expiry of aforesaid period to the Block Development Officer. The Block Development Officer shall, immediately upon receipt of such application from the Secretary or appeal from the applicant, whichever is earlier, proceed to determine whether such licence should be granted or not. If the Block Development Officer fails to determine whether such licence should be granted or not and communicate his decision to the applicant within a period of thirty days from the date of receipt of such application from Secretary or appeal, immediately upon expiration of such period of thirty days, such licence shall be deemed to have been granted to the applicant, subject to the condition that the applicant obtains all the requisite other permissions from other statutory authorities for the purpose of carrying out the activity by virtue of such licence, but not so as to contravene any of the provisions of this Act or of any rules or bye-laws made under this Act or of any other law for the time being in force.

80[(2A) If the Panchayat does not, within a period of seven days from the date of receipt of the application under sub-section (1), determine whether such licence under section 69, 70 or 71 should be granted or not and communicate its decision to the applicant, after expiry of such period of seven days, such licence shall be deemed to have been granted to the applicant, subject to the condition that the applicant obtains all the requisite other permissions from other statutory authorities for the purpose of carrying out the activity by virtue of such licence, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force:

Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of three days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of seven days specified for the purpose of determination of application by the Panchayat.]

(2B) Where such licence under section 69, 70 or 71 is deemed to have been granted under sub-section (2A), before proceeding to carry out any activity by virtue of such licence, the applicant shall give intimation notice in such form as prescribed, to the Panchayat and the Block Development Officer 81[within a period of fifteen days from the date on which such license is deemed to have been granted under sub section (2A)] and ---30--- he shall also deposit with the Secretary the fee payable under sub-section (1). The Secretary shall be duty bound to accept such fee and issue proper receipt to the applicant and credit such fee to the Panchayat Fund.]

(3) Any person aggrieved by the refusal to grant permission under section 68 or to grant or renew licence, or by the suspension or cancellation of a licence under sub-section

(2) may, within thirty days of the date of communication of the order, appeal to the 82[Director] and his decision on such appeal shall be final.

83[72-A. Sealing of premises carrying on any trade and or occupation without licence.— (1) If any person without obtaining a licence from the Panchayat under section 69 or section 70 or section 71 carries on any trade or occupation in any premises within the limits of Panchayat jurisdiction, the Panchayat shall, after giving an opportunity of being heard to such person seal such premises:

Provided that if the application for licence is already submitted to the Panchayat, such premises shall not be sealed till such application is rejected on merit:

Provided further that no such premises shall be sealed till the expiry of the period given to rectify any defect thereof.

(2) An appeal against the order of the Panchayat shall lie before the Director and the decision of the Director in the matter shall be final:

Provided that the Director shall not grant any interim relief without hearing the Panchayat.]

73. Obstructions and encroachments upon public streets and open sites.—

(1) whoever not being duly authorized in this behalf within limits of a Panchayat area,—

(a) have built or set up, or shall build or set up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or other encroachment or obstruction; or

(b) deposit or cause to be placed or deposited any box, bale, package, or merchandise, or any other thing in any public street or place or in or over or upon any open drain, gutter, sewer or aquaduct in such street or places; shall, on conviction, be punished with fine which may extend to five hundred rupees and with further fine which may extend to ten rupees for every day on which such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.

(2) The Panchayat shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorized obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the Panchayat or not. The expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable as if it were a tax imposed under this Act.

(3) Whoever, not being duly authorized in that behalf, removes earth, sand other than sand used for domestic purpose by residents of the Panchayat area or other materials from, or makes any encroachment

The Goa Panchayat Raj Act, 1994

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