The Goa Panchayat Raj (Conditions of Service of State Election Commissioner) Rules, 1997

Published vide Notification No. 1/15(23) 94-CDP, dated 13-1-1998

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1/15(23) 94-CDP. - In exercise of the powers conferred by sub-section (2) of section 237 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the Governor of Goa hereby makes the following rules, namely:-

Part-I

Preliminary

Short title and commencement.- These rules may be called the Goa Panchayat Raj (Conditions of Service of State Election Commissioner) Rules, 1997.

(2) They shall come into force with immediate effect.

Definitions.- In these rules, unless there is anything repugnant in the subject or context,-

(a) "Act" means the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994);

(b) "Commission" means the State Election Commission constituted under section 237 of the Act;

(d) "Government" means the Government of Goa;

[Qualifications for appointment as Commissioner.- A person shall not be qualified for appointment as Commissioner unless:-

(a) He is a citizen of India;

(b) He has completed forty years of age; and

(c) He has held any Group 'A' post under the Government or Government of India or any other State Government for not less than five years and preferably holds a degree in Law from any recognized University.]

Part - II

Term of Office.- The Commissioner shall hold office for a period of [six years]from the date on which he assumes his office or until he attains the age of [sixty five years,]whichever is earlier.
[Pay and Allowances.- [The Commissioner shall be entitled to a monthly salary in the scale of Rs. 75700-80000 with the annual increment @ 3% and other allowances, emoluments and benefits like L.T.C. etc., as admissible under the Central Civil Services (Revised Pay) Rules, 2008].

Provided that a person who was holding a post under the Government of India or any State Government at the time of his appointment as Commissioner shall, receive pay including personal pay which he would have drawn from time to time under the relevant rules in the scale of pay of the post which he was holding at the time of such appointment or shall receive the pay mentioned in this rule, whichever is higher:

Provided further that in the case of appointment as commissioner of a person who has retired from service under the Government, University or any other body wholly or substantially owned or controlled by the Government and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension, gratuity, Contributory Provident Fund (CPF) or otherwise, the pay specified in this rule shall be reduced by the gross amount of pension including any portion of the pension which may have been commuted and the pension equivalent or other forms of retirement benefits, if any:

Provided further that in case of appointment as Commissioner of a person who holds any other statutory post in addition to being Commissioner, he will have the option to draw pay and other allowances either as Commissioner or as the other statutory authority.

Accommodation.- The Commissioner may, if he does not own a house at the headquarters of the Commission and if he so desires, be provided with an unfurnished residence subject to the payment of rent and other conditions in accordance with the rules applicable to Government buildings used as residence.

Part - III

Leave.- (1) A person who at the time of his appointment as Commissioner, was in the service of the Central or any State Government, may be granted leave by the Governor under the Rules which were applicable to him immediately before his appointment and his service as Commissioner shall count for such leave and the leave at the credit of any such person in his leave account shall not lapse on the date of his appointment as Commissioner but shall be carried forward and may be availed of during his tenure as Commissioner. Out of the leave so carried forward, the Commissioner may be paid cash equivalent of leave salary in respect of the earned leave at his credit, to the extent permissible under the Rules applicable to him had he retired on superannuation on the date of his appointment as Commissioner.

(2) Any person who at the time of his appointment as Commissioner, was not in the service of the Central or any State Government may be granted leave as admissible to the Officers Grade I of the Government:

Provided that commuted leave on full pay not exceeding half the amount of half pay leave due, may be granted if the leave is taken on Medical Certificate and the authority Competent to sanction leave has reasons to believe that the Commissioner will return to duty on its expiry.

Part - IV

Travelling and Daily Allowance.- (1) The Commissioner shall be entitled to travelling and daily or other allowances admissible to Officers Grade I of the Government, while touring on duty connected with his office:

Provided that no daily allowance shall be admissible for days of halt exceeding thirty days at a time unless specially permitted by the Governor.

(2) No mileage or daily allowance shall be admissible for journeys within the State.

(3) The Commissioner who, on the date immediately prior to the date of entering on his duties as such, was in the service of, or held a post under the Government of India or the Government of any State, may draw travelling allowance at the rates as laid down for journey on transfer by the rules which were applicable to him immediately before his appointment.

(4) Travelling allowance bills of the Commissioner shall not require counter signatures by any other authority. He shall be his own controlling officer.

(5) The Commissioner shall be entitled to advance of travelling and daily allowance in respect of the journey undertaken by him in the performance of his functions whether by road, rail, air, or steamer etc.

(6) An advance shall be adjusted in the appropriate travelling allowance bill before the end of the month following the month in which the advance is drawn.

Conveyance allowance.- There shall be paid to the Commissioner a conveyance allowance at the rate of one thousand and two hundred rupees per mensem inclusive of all allowances in no official chauffeur driven vehicle is provided for conveyance:

Provided that no conveyance allowance shall be admissible for days of journey for which road mileage has been claimed under Rule 8:

Provided further that during the period of leave, the Commissioner shall be paid conveyance allowance not exceeding two hundred and fifty rupees per mensem if he certifies that he continued to maintain a vehicle during the period of such leave.

Sumptuary Allowance.- The Commissioner shall be paid sumptuary allowance of rupees two hundred per month.

Part - V

Medical Attendance.- The Commissioner shall be entitled to the same medical attendance benefits as are laid down from time to time to Grade I Officers of the Government under the Central Civil Services (Medical Attendance) Rules, 1944, as in force.
Pension.- Where a serving Government Officer is appointed as Commissioner, no pension for its previous service shall be payable during the period he holds the office of the Commissioner and on his ceasing to hold that office, the pension to which he was entitled shall be paid.

Notification

19/DP/PAN/AAR/97. - In exercise of the powers conferred by sub-section (1) of section 229 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the Government of Goa hereby directs that the report of the administration of the Panchayat during the preceding financial year shall be placed before the Panchayat not later than the 25th day of April every year in the Form and with details as specified below.

Form

[See section 29 (1) of the Goa Panchayat Raj Act, 1994 (Act 14 of 1994)]

Report of Administration for the preceding financial year ending 31st March

Name of Village Panchayat.................... Name of Taluka .................... Name of District ............

Part-I

Source of Income and efforts made to achieve the target

	Particulars of sources of Income of Village Panchayat	Balance as on 1st April of preceding year	Demand during the preceding year	Total (Col 2+3)	Amount received/recovered during preceding year (from April to March)	Balance amount to be recovered during the reporting year
	(1)	(2)	(3)	(4)	(5)	(6)
(a)	Balance amount as per cash book as on 31st March (ending of preceding year).
(b)	Tax on Entertainment other than Cinematograph.
(c)	Tax on Vehicle.
(d)	Tax on Advertisement and Hoarding.
(e)	Tax on Houses/ Buildings/ Structures.
(f)	Tax on Lighting.
(g)	Tax on Drainage.
(h)	Tax of Profession/ Trade/ Callings/ Employment.
(i)	Tax on land not subject to Agricultural Assessment.
(j)	Fees on Pilgrim.
(k)	Fees on markets/ Fairs/ Melas
(l)	Fees on registration of Cattles/ Cattle pounds.
(m)	Fees on buses/ Taxies/ Auto stands.
(n)	Fees on Grazing Cattles.
(o)	Fees on construction to repairs/ licences for Houses/ development of land.
(p)	Fees on extraction of sand/ stones.
(q)	Fees on various N.O.Cs/ Certificates.
(r)	Fees on licences to shops/ establishments/ factories.
(s)	Fees on issue of certified copies.
(t)	Fees on Octroi.
(u)	Any other Fees.
(v)	Public/ Popular contribution
(w)	G.I.A.
(x)	Loan.
	Grand Total

Efforts made: (specify the efforts made by Village Panchayat)

(I) During the year under report the Village Panchayat has issued .................. demand notices, ................ warrants of distraints, .............................. cases of attachment/seizure and the amount involved therein is Rs. ............................

(II) During the year under report the Village Panchayat has increased/decreased its income by .......................................... (specify the amount)

(III) During the year under report, out of the loan amount of Rs. .............................. the Village Panchayat has ...................................... refunded an amount of Rs. .......................... as principal and an interest of Rs. ...................................... to the Government/Bank (This is applicable to the Village Panchayat which has taken loan from Government/Bank/Z.P.

(IV) Specify any other efforts.

Part-II

Progress of Development achieved in brief with expenditure made under each item from V.P. Funds only

	Items	Particulars of progress in brief
	(1)	(2)
(a)	Roads/Culverts/Foot bridges and other means of communication.
(b)	Health and Sanitation.
(c)	Social Welfare and Family Welfare.
(d)	Education and Sports.
(e)	Donations and Advertisements.
(f)	Rural Housing.
(g)	Drinking Water.
(h)	Rural Electrification.
(i)	Libraries.
(j)	Cultural activities.
(k)	Markets and Fairs.
(l)	Welfare of weaker sections like S. C./B. C.
(m)	Maintenance of Community Assets.
(n)	Construction and maintenance of cattle pounds/ stands/ slaughter /houses.
(o)	Any other items.

Efforts made: (specify the efforts made by Village Panchayats)

(I) During the year under report the Village Panchayat has issued ............ demand notices,.................. warrants of distraints, ................. cases of attachment/seizure and the amount involved therein is Rs. ......................

(II) During the year under report, the Village Panchayat has increased/decreased its income by ......................................... (specify the amount)

(III) During the year under report, out of the loan amount of Rs. ...................... the Village Panchayat has ............................ refunded an amount of Rs. ...................... as principal and an interest of Rs. ............................. to the Government/Bank: (This is applicable to the Village Panchayat which has taken loan from Government/Banks/Z. P.

(IV) Specify any other efforts.

Part-III

Miscellaneous

(a)	Audit Paras:	(I)	No. of audit paras complied=
		(II)	No. of audit paras not complied =
		(III)	No. of audit paras to be complied =
(b)	Losses and Misappropriation cases:
(c)	Administration:
(d)	Works undertaken under R. D. A. scheme (furnish information schemewise).

Part-IV

Savings in Panchayat Funds

Details of Saving:	(a)	Fixed deposits in Bank ....................Rs.
	(b)	Unutilised amount of G. I. A. ....................Rs.
	(c)	Unutilised amount of Remunerative loan ........................ Rs.
	(d)	Unutilised Public Contribution ........................ Rs.
	(e)	Any Other (specify itemwise)..................... Rs..
		**Grand Total:.	Rs.

* Amount spent by Government Department in the Village need not be shown.

* The figure should tally with the amount shown in cash book of Panchayat.

Above report of administration of the Panchayat was placed before the Panchayat meeting and the same has been accepted by the Panchayat members under resolution No. ............................ dated ............................................

Countersigned by:
Signature of the Sarpanch of Village Panchayat	Signature of Secretary of Village Panchayat

Submitted alongwith the copy of the resolution to the Chief Executive Officer of ............ Zilla Panchayat.