The Goa Panchayats (Meetings) Rules, 1996

0242250785704fb76c3a7703a841500ff26b9096 · 1994 · Goa

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Parent: The Goa Panchayat Raj Act, 1994 (5a81924725426dc4fd1730a6d0d2b940d9864fc5)

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The Goa Panchayats (Meetings) Rules, 1996 ________ Department of Panchayati Raj and Community Development Directorate of Panchayat ________ Notification 2/DP/DR-MR/95 Whereas the draft of the Goa Panchayats (Meetings) Rules, 1995, was published as required by sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), at pages 316 to 319 of the Extraordinary Official Gazette, Series I No. 31, dated 2nd November, 1995 under Notification No. 1/DP/DR-EP/95 dated 28-9-1995 of the Department of Community Development & Panchayats inviting objections and suggestions from all persons likely to be affected thereby before the expiry of thirty days from the date of publication of the said Notification in the Official Gazette. And Whereas the said Gazette was made available to the public on 2nd November, 1995; And Whereas objections/suggestions received from the public on the said draft have been considered by the Government. Now, Therefore, in exercise of the powers conferred by sections 52 and 54 read with sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the Government of Goa hereby makes the following rules, namely:— 1. Short title and commencement.— (1) These rules may be called the Goa Panchayats (Meetings) Rules, 1996. (2) They shall come into force at once. 2. Definitions.— In these rules, unless the context otherwise requires,— (a) “Act” means the Goa Panchayat Raj Act, 1994 (Act 14 of 1994); (b) "clear days" means days exclusive of the day of issue of a notice or intimation, and of the day of meeting; (c) "motion" means a proposal to evoke action on the part of the Panchayat and includes an amendment of a motion; (d) “member” means a member of Panchayat; (e) words used but not defined shall have same meanin

Rule TOC

1 · Short title and commencement.— (1) These rules may be called the Goa Panchayats (Meetings) Rules, 1996.

2 · Definitions.— In these rules, unless the context otherwise requires,—

3 · Panchayat to meet once a month.— The Panchayat shall meet at least once in every 1 [fortnight] on such date and at such time as may be fixed by the Sarpanch or in his absence, by the Deputy Sarpanch.

4 · Secretary to intimate the date of meeting.— (1) The Secretary of the Panchayat shall, at least seven clear days before the date fixed for any ordinary meeting and at least three clear days before the date of special meeting, send or cause to be sent to all the members, intimation of the place, date and time of and the business to be transacted at such meeting in Form "A".

2 · [5. Consideration of motion of no confidence.— A notice of motion of no confidence against a Sarpanch of a Deputy Sarpanch under sub-section (1) of section 51 of the Act shall be delivered to the Block Development Officer during office hours in Form "B" appended to these Rules. A copy of such notice shall also be delivered to the Secretary of the Panchayat concerned. The Secretary, on receiving such notice, shall acknowledge the same under his signature with date.

6 · President of the meeting.— (1) At any meeting of the Panchayat while a motion of no confidence against the Sarpanch is under consideration, the Deputy Sarpanch and while a motion of no confidence against the Deputy Sarpanch is under consideration, the Sarpanch and while the motion of no confidence against the Sarpanch as well as the Deputy Sarpanch is under consideration such member of the Panchayat as may be elected by the members present shall preside at the meeting.

7 · Questions shall be decided by the majority of the votes.— (1) Save as otherwise provided in the Act, all questions coming before a meeting shall be decided by a majority of the votes of the members present and voting.

8 · Business to be transacted.— Except with the permission of the person presiding,—

9 · Adjournment of meeting.— Any meeting may, with the consent of the majority of the members present, be adjourned from time to time. But no business shall be transacted at any adjourned meeting other than that left undisposed of at the meeting from which the adjournment took place, the date, time and place of the adjourned meeting shall be announced at the meeting and no separate notice shall be necessary.

3 · [10. Meeting to be open to the public.— (1) Every meeting of the Panchayat shall be open to the public unless the Panchayat unanimously decides that any enquiry before or deliberations of the Panchayat shall be held in camera.]

11 · Manner of deciding a matter before Panchayat.— A matter requiring the decision of the Panchayat shall be decided by means of a question put by the person presiding on a motion made by a member.

12 · Discretion of the member either to withdraw or move the motion.— (1) A member who has given notice of a motion shall, when called upon either—

13 · Person presiding to propose question on the motion.— After a motion has been proved and seconded, the person presiding shall purpose the question by reading the motion for the consideration of the Panchayat.

14 · Motion not to be withdrawn or altered once moved and seconded.— After a motion has been moved and seconded, it shall not be withdrawn or altered in substance, except with the consent of the member who seconded it.

15 · Amendment to the motion.— (1) After a motion has been proposed and seconded, any member may propose an amendment thereto.

16 · Member to address the person presiding by rising in his seat.— (1) A member desiring to propose and discuss any motion shall rise in his seat when speaking and address his speech to the person presiding:

17 · Privilege of the person presiding.— The person presiding may address the meeting at any stage of a debate.

18 · Mover may support his motion and seconder may either follow or reserve his speech.— After a motion has placed before the meeting for consideration under rule 13, the mover may speak in support of the motion and the seconder may either follow or reserve his speech for a later stage of the debate thereon.

19 · Right of mover and seconder to reply to the debate.— The mover, or if the mover waives his right, the seconder, of a substantive motion may reply at the conclusion of the debate thereon, but no other member shall, without the express permission of the person presiding, speak more than once on the same motion, except for the purpose of making a personal explanation but in such cases, no debatable matter shall be brought forward.

20 · Time limit for speech.— The person presiding may fix a reasonable time limit within which the mover, the seconder and any member shall end his speech.

21 · When and how to put the motion to vote.— (1) On the conclusion of a debate on a motion or where the person presiding is satisfied that the motion has been sufficiently discussed, he may put the motion to the vote of the meeting without further discussion.

22 · Which matter to take precedence.— (1) A motion to adjourn a meeting or to postpone the consideration of a question shall take precedence over any other motion before the meeting.

23 · Manner of voting.— (1) Votes shall ordinarily be taken by a show of hands, but may, if the majority of members so decide, be taken by secret ballot.

24 · Manner when voting is by ballot.— When votes are taken by ballot, each member shall record his vote on a voting paper which shall not be signed by him. The papers used for voting shall not be destroyed until after one month from the date of declaration of the result.

25 · Person presiding to decide points of order.— (1) The person presiding shall decide all points of order and his decision thereon shall be final.

26 · Member called to order to resume his seat till decision.— A member called to order by the person presiding shall resume his seat till the point of order is decided.

27 · Rights and duties of the person presiding at the meeting.— The person presiding at the meeting shall preserve order and have all powers necessary for the purpose of enforcing his decision.

28 · Suspension of member guilty of obstructive conduct.— When any member disregards the authority of the person presiding or is guilty of obstructive or offensive conduct at any meeting, the person presiding shall forthwith put question that such member be suspended from the meeting of the

29 · Member not to leave the meeting without intimating the person presiding.— A member who wishes to leave a meeting before its close, shall immediately before leaving, intimate his intention to the person presiding.

30 · Proposal may be sent to the Sarpanch.— Any proposal which a member desires to place before the meeting of the Panchayat may be sent to the Sarpanch. It shall be included in the business of the next meeting if it is received at least five clear days before the date of the meeting unless the Sarpanch or in his absence, the Deputy Sarpanch, for reasons to be recorded in writing, considers the proposal as not worth placing before the next meeting of the Panchayat, in which case it shall appear in the notice convening the subsequent meeting.

31 · Member not to propose irrelevant motion.— No member shall be entitled to propose a motion other than the one directly arising out of the subject before the meeting and relevant thereto, except in case of emergency and with the consent of the person presiding.

32 · Power of person presiding to divide the motion.— The person presiding shall have power to divide a motion into two or more distinct motions or an amendment into two or more amendments, as he may deem necessary.

33 · No motion to be discussed and noted until duly proposed and seconded.— No motion shall be discussed or noted in the minute book unless and until it has been properly proposed and seconded:

34 · Language and manner of keeping the proceedings.— The proceedings of each meeting of the Panchayat shall be recorded in a bound book and in anyone of the following languages, namely:—

4 · [FORM “C”

2 · Rule 5 has been substituted Ibid. The original rule 5 reads as follows:

3 · Sub-rule (1) substituted by 1st Amendment Rules, 1997 published in O. G., Series I No. 49 dated 5-3-98. The original sub-rule (1) read as follows:

4 · Form "C" inserted by 1st Amendment Rules, 1998 published in O. G., Series I No. 49 dated 5-3-1998.