The Goa Zilla Panchayats (Conduct of Business) (Model) Regulations, 1997

1 · Short title and commencement.— (1) These regulations may be called the Goa Zilla Panchayats (Conduct of Business) (Model) Regulations, 1997.

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

3 · Notice of meeting.— (1) Every notice of a meeting of the Zilla Panchayat under clause (b) of sub-section (2) of section 136 of the Act, shall be in Form "A".

4 · Notice of meeting to be displayed on notice board.— A notice stating the date, time and place of every meeting, of the Zilla Panchayat and of the business to be transacted thereat, shall be displayed on the notice board at the office of the Zilla Panchayat.

5 · Zilla Panchayat meetings.— Zilla Panchayats to meet once in a month:- Zilla Panchayats shall meet at least once in two months on the date and at such time as may be fixed by the previous meeting of the Zilla Panchayats. The meeting shall generally be held at the Zilla Panchayat Office. The agenda of the meeting shall be prepared by the Chief Executive Officer in consultation with the Adhyaksha and in his absence with the Upadhyaksha of the Zilla Panchayats:

6 · The Chief Executive Officer to intimate the date of the meeting.— The Chief Executive Officer of the Zilla Panchayat shall atleast 10 clear days before the date fixed for ordinary meeting and 15 clear days before the date fixed for special meeting, send or caused to be sent to all the members intimation of the date, time and place and the business to be transacted on such meeting. No meeting shall be held on any day observed as public holidays.

7 · Attendance register.— (1) An attendance register shall be maintained in Form "B" showing the names of the members. It shall be placed in the meeting hall at the commencement of each meeting, and every member attending the meeting shall sign against his name in the register as soon as he enters the meeting hall.

8 · Order of business.— Subject to the provisions of clause (i) of sub-section (2) of section 136 of the Act, the order of business for every meeting shall be arranged, as far as possible, in the following manner, namely:—

9 · Presiding authority in the absence of Adhyaksha or Upadhyaskha.— Where at any meeting the Adhyaksha or as the case may be, the Upadhyaksha is not present within 30 minutes, after the time appointed for holding of the meeting at which a quorum is present at the place of the meeting, the members present at the meeting shall choose one of the members present at the meeting who shall preside over the meeting as provided in clause (e) sub-section (2) of section 136 of the Act:

10 · Quorum.— (1) The quorum necessary for the transaction of business at the meeting of the Zilla Panchayat shall be one third of the total number of the members of the Zilla Panchayat including Adhyaksha and Upadhyaksha as thereof.

11 · Raising point of order.— (1)Any member may, at any time submit a point of order for the decision of the presiding authority, but in doing so he shall confine himself to stating the point.

12 · Resumption of seat.— (1) A member called to order by the presiding authority shall resume his seat.

13 · Duration of speeches.— The presiding authority may, having regard to the state of business before the meeting and the nature of the subject, lay down a time limit, for speeches on any subject.

14 · Manner of speaking.— (1) A member desiring to speak on any matter before the meeting shall rise in his seat and, if called upon by the presiding authority, address his remark to the presiding authority. If he is not called upon, he shall resume his seat:

15 · Right of presiding authority to address meeting.— The presiding authority may address the meeting at any stage of the debate, without any time limit for speech, and while so addressing, shall rise in his seat:

16 · Interruption during speech.— If, while a member is speaking, another member desires to make an explanation or to seek any explanation or information from the member speaking, he shall rise in his seat and, if called upon by the presiding authority, shall make the explanation or seek the explanation or information. If not so called upon, he shall resume his seat. The presiding authority shall not call upon the member so rising, unless the member speaking resumes his seat.

17 · Talk amongst members.— The members shall not talk amongst themselves in the meeting so as to interrupt the proceedings or disturb a member who is speaking.

18 · Withdrawal from meeting.— A member who desires to leave a meeting while proceedings are going on shall, immediately before leaving, rise in his seat and bow to the presiding authority.

19 · Questions.— (1) A member may address question to the Adhyaksha or the Chairman of the standing or any subjects Committee on matters connected with the functions and duties of the Zilla Panchayat under the Act.

20 · Admissibility of motion.— No motion shall be admissible which does not comply with the following conditions, namely:—

21 · Motion how moved.— (1) Unless otherwise expressly provided every motion (not being a formal motion, such as a motion for adjournment, closure, and the like), shall be handed over or sent by the proposer in writing after putting his signature or thumb impression thereon to the Adhyaksha or the Chief Executive Officer before it is moved. Where a motion has been handed over or sent to the Adhyaksha, a copy thereof shall be sent to the Chief Executive Officer.

22 · Seconding.— Except a motion of an amendment suggested by the presiding authority which does not require to be seconded, no motion or amendment shall be taken up for discussion unless and until it is seconded by a member who is entitled to vote.

23 · Provision in the absence of a mover.— If a member who has given a notice of motion is absent, any other member entitled to vote and authorised by him in writing may move it.

24 · Withdrawal of motion.— Any motion which has been proposed and seconded may be withdrawn by the proposer with the consent of the member who seconded the motion and with the permission of the Zilla Panchayat.

25 · Motion once withdrawn cannot be proposed in the same meeting.— A motion which has once been withdrawn under regulation 21, shall not be moved again at the same meeting (including an adjourned meeting, if the meeting is adjourned).

26 · Limitations on certain motions.— A notice of a proposition for priority for any item under clause (i) of sub-section (2) of section 136 of the Act shall be given to the Chief Executive Officer before the commencement of the meeting and no debate or speech shall be allowed on any such proposition.

27 · Proposal to Postpone.— (1) A motion to postpone the consideration of any matter may be moved by any member at any time after it is taken up and such motion shall take precedence over any other motion relating to that matter;

28 · Discussion.— (1) On a motion of amendment being moved and seconded, the presiding authority shall read it or cause it to be read to the meeting; it shall then be considered to be

29 · Limitation of debate.— (1) The matter of every speech shall be relevant to the subject on which it is made.

30 · Opening adjourned debate.— On resumption of an adjourned debate, the member who was addressing the meeting immediately prior to the adjournment shall be entitled to speak first.

31 · Power of presiding authority to divide motion or amendment.— When any motion or amendment involves several points, the presiding authority may divide it and put each or any point separately to vote as it may think fit.

32 · Grouping of motions and amendments.— The presiding authority may group together two or more motions or amendments for consideration of a meeting, provided the subject matter of the motions or amendments is substantially the same.

33 · Amendments.— (1) After a motion has been moved and seconded, amendments may be proposed thereto.

34 · Right to reply.— The mover, or if the mover waives his right, the seconder of a substantive motion, may reply at the conclusion of the debate on it but no other member shall speak on the same motion or amendment, after the reply except to explain, with the permission of the presiding authority, any material ambiguity in the speech of reply.

35 · Closure.— (1) The presiding authority or any member may at any time move "that the question be now put to vote" and if the motion is carried, the presiding authority, after allowing the mover or the seconder to reply to the debate under regulation 31, shall put the motion together, with the amendment, if any, to vote.

36 · Voting on original motion and amendments.— (1) On the conclusion of the debate on a motion or where the presiding authority is satisfied that the motion has been sufficiently discussed, it may, after allowing the mover or seconder his right to reply, put the motion to the vote of the meeting without further discussion.

37 · Methods of recording votes.— Votes shall ordinarily be taken by a show of hands, but on special occasion, if the presiding authority so decides, votes may be taken by ballot, provided that votes in respect of any motion or proposal involving financial commitments shall not be recorded by ballot by the presiding authority, but the names of the members voting for or against such motion or proposal shall be recorded.

38 · Voting 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.

39 · Voting not compulsory.— Any member present at the meeting may refrain from voting if he so chooses to do.

40 · Result in case of equality of votes.— When there is an equality of votes and the presiding authority refrains from giving its casting or second vote, the proposition shall be held to have lapsed, and shall not be brought forward at any subsequent meeting till a period of six months has elapsed.

41 · Declaration of result.— (1) As soon as the votes have been counted, the presiding authority shall, subject to the provisions of clause (f) of sub-section (2) of section 136 of the Act, then and there declare the result of voting which shall be duly recorded in the minute book.

42 · Voting on budget estimate, etc.— (1) When a budget estimate a supplementary budget estimate, a proposition for a reappropriation of funds, a code of rules or bye-laws, a list of lands for sale or purchase or lease or transfer, a list of items for write off, lists of arrears, accounts of the Zilla Panchayat or such other propositions as the standing Committees decides, is laid before a meeting, the presiding authority may group the items in such groups as may be convenient to it and propose to the meeting for each group in succession, an appropriate resolution approving the proposal, such resolution being seconded before it is proceeded with:

43 · Form of minutes.— The minutes of every meeting shall be kept in accordance with the provisions of sub-section (3) of section 136 of the Act in a book in Part II of Form 'C'.

44 · Minutes.— (1) If, after the minutes are placed before the next meeting of the Zilla Panchayat, any member objects to the minutes as having being incorrectly or incompletely recorded, the presiding authority shall, after taking the sense of the meeting, make such amendments in the minutes as the meeting deems proper and shall confirm and sign the minutes as so amended. The presiding authority shall initial or sign all amendments so made.