Q. Can personal questions be asked in the Gram sabha? If yes, than due to these questions many other important questions/problems may remain unasked or unresolved?

A.Personal questions should not be asked during Gram Sabha. According to Section 6 of the Panchayat Act, business laid out in the general list can be taken up in the Gram Sabha. This would include presentation of Panchayat Accounts, Annual activities of the Panchayat, Administrative development and other programmes undertaken by Panchayat.

Q. What is the importance of resolutions which are passed in Gram Sabha?

A. Resolutions taken by the Gram Sabha are binding on the Panchayat and therefore should be implemented by the Panchayat Secretary.

Q. Can a resolution be passed in the Panchayat that all outward work should be done by the deputy sarpanch?

A. The functions and work of Sarpanch & Deputy Sarpanch are laid down in the Goa Panchayat Raj Act. Sarpanch & Deputy sarpanch are not bound by anything outside the purview of the Act for which no such resolutions can be passed which are beyond the provisions of the Act.

Q. The Goa panchayat Act is not available in the panchayats. Secondly the Act is not laid down in local language, so when we ask any difficulty to Secretary he does not have knowledge regarding the Act. The Directorate of Panchayat has not given him any guideline, in such a situation, what should the Sarpanch do?

A. Copies of the Act should be distributed to all Panchayats by Directorate of Panchayats because if copies of Act are not available in panchayats then Sarpanch & Secretary will not be able to know anything regarding the Act. First the law must be brought before the people in order to practice that law in real sense. Government should take an initiative to solve this problem.

Q.Why have the powers of the Sarpanch been reduced under the Goa Panchayat Raj Act? Kindly clarify on these issues?

A.The reason for enactment of new Act was to give more powers to the Sarpanch, but some ministers raised questions such as that if more powers are granted to Sarpanchas then they will become powerful. They thought that a small State like Goa having a large number of ministers are capable to solve problems. But if Sarpanchas want that their power should be protected then they can request Vidhan Sabha and Vidhan Sabha has to retain their powers.

Q. What are the rights of a panch? Can a panch have the right to see Panchayat records/

A. Sarpanch has the right to see panchayat records. In the same way a Panch also enjoys the right to see panchayat records, files, proposals. Other members of panchayat also have the right to see panchayat records.

Q. According to the law it is said that a Panch can see the Panchayat records but even then in some cases the Sarpanch does not allow the panch to see the records. In such conditions what action can be taken against the Sarpanch?

A. Sarpanch must show Panchayat records to the Panch. According to Article 50 if the Sarpanch is not showing records to other members of the panchayat and in this way he tries to misuse the power which he has, then the Director has power to take action against him.

Q. Does a newly constituted panchayat have the right to demolish all illegal constructions which had come up during the tenure of the previous panchayat?

A.It is not important who is in power, because there are changes in the ruling panel of the panchayat quite often. But one must remember that whatever is illegal must be demolished even if the new panchayat body comes to power. If the construction is unauthorized then panchayat can by imposing a fine regularize the authorized constructions.

Q. Are the proceedings of the Panchayat Council meetings secret? Can any member of the panchayat disclose the proceedings of the meeting to anyone?

A. Panchayat meetings are open to all, so any individual can attend the meeting. There is nothing so be secretive or confidential about Panchayat minutes. Proceedings are open to all so it is meaningless to talk about disclosing or leaking news about panchayat meetings.

Q. Which are the powers of the Gram Sevak? The role of Gram Sevak has not been specified in the panchayats.

A. The powers of the Gram Sevak have been specified by the B.D.O. & Directorate of Panchayats. His rights and duties are specified in the Community Development Manual. His role is to help people by giving right information regarding schemes which are available in the panchayats. He has to see that needy and poor people benefit from these schemes.

Q. Can you tell me about modalities of amendment to the panchayat Act?

A. Any Amendment is proposed by members of the legislative assembly. An Amendment is carried if majority of the MLAs in the legislature vote for it. But before any amendment takes place a notification should be issued to elicit public opinion, especially in the case of the panchayats.