RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2015-2017
Panaji, 16th March, 2017 (Phalguna 25, 1938) SERIES I No. 50 PUBLISHED BY AUTHORITY
NOTE
There is one Extraordinary issue to the Official Gazette, Series I No. 49 dated 9-3-2017 namely, Extraordinary
dated 9-3-2017 from pages 2017 to 2018 regarding Market Borrowing Programme— Not. No. 5-3-2016-Fin(DMU)/Part
from Department of Finance (Debt Management Division).
INDEX
Department Notification Subject Pages
1. Law & Judiciary Not.-10/4/2016-LA The Enemy Property (Amendment and Validation) 2019 Under Secretary
Fifth Ordinance, 2016.
2. Power Not.- CEE/Accts-4(Bud)/ Scheme— Pattern of Assistance for Goa Energy 2027 Chief Electrical Engineer /2016-2017/5655 Development Agency.
3. Transport Not.- D.Tpt/EST/2531/ Scheme— The Goa State Road Safety Fund 2029 Director & ex officio Joint Secy. /2016/585 Scheme, 2016.
4. Urban Development Not.- 10/671/2015-DMA/ Empowering the Special purpose Vehicle-Imagine 2032 Director & ex officio Addl. Secy. /3001 Panaji Smart City Development Ltd. by vesting
5. Printing and Stationery
powers.
Subscription Rates.
2033
MINISTRY OF LAW AND JUSTICE GOVERNMENT OF GOA Department of Law & Judiciary
Legal Affairs Division
(Legislative Department)
New Delhi, the 22nd December, 2016/
/Pausa 1, 1938
Notification
10/4/2016-LA
THE ENEMY PROPERTY (AMENDMENT AND VALIDATION) FIFTH ORDINANCE, 2016
No. 8 of 2016
Pormulgated by the President in the Sixty-
-seventh Year of the Republic of India.
The Enemy Property (Amendment and Validation) Fifth Ordinance, 2016 (Ordinance No. 8 of 2016), which has been promulgated by the President in the Sixty-seventh Year of the Republic of India and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 22-12-2016, is hereby published for the general information of the public.
Julio Barbosa Noronha, Under Secretary (Law).
Porvorim, 13th January, 2017.
An Ordinance further to amend the Enemy Property Act, 1968 and the Public Premises (Eviction of unauthorised Occupants) Act, 1971.
Whereas the Enemy Property (Amendment and Validation) Ordinance, 2016 was OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 promulgated by the President on the 7th day of January, 2016;
And whereas the Enemy Property (Amendment and Validation) Bill, 2016 to replace the Enemy Property (Amendment and Validation) Ordinance, 2016 has been passed by the House of the People and is pending in the Council of States;
And whereas the Enemy Property (Amendment and Validation) Bill, 2016 was referred to the Select Committee of the Rajya Sabha for its examination and report;
And whereas in order to give continued effect to the Enemy Property (Amendment and Validation) Ordinance, 2016, the Enemy Property (Amendment and Validation) Second Ordinance was promulgated by the President on the 2nd day of April, 2016;
And whereas the Select Committee submitted its Report, along with the Enemy Property (Amendment and Validation) Bill, 2016 incorporating therein the amendments recommended by the said Committee, on the 6th day of May, 2016;
And whereas the Enemy Property (Amendment and Validation) Bill, 2016, as reported by the Select Committee, could not be taken up for consideration and passing in the Council of States;
And whereas the Enemy Property (Amendment and Validation) Third Ordinance, 2016 incorporating the recommendations of the Select Committee was promulgated by the President on the 31st day of May, 2016 and the Enemy Property (Amendment and Validation) Bill, 2016, as reported by the Select Committee could not be taken up for consideration and passing in the Council of States;
And whereas in order to give continued effect to the provisions of the Enemy Property (Amendment and Validation) Third Ordinance, 2016, along with the amendments as recommended by the Select Committee, the Enemy Property (Amendment and Validation) Fourth Ordinance, 2016 was promulgated by the President on the 28th day of August, 2016, which will cease to operate on the 27th day of December, 2016;
And whereas it is considered necessary to give continued effect to the provisions of the Enemy Property (Amendment and Validation) Fourth Ordinance, 2016 along with the amendments as recommended by the Select Committee;
And whereas Parliament is not in session and the President is satisfied that circum- stances exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
1. Short title and commencement.— (1) This Ordinance may be called the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016.
(2) Save as otherwise provided, it shall be deemed to have come into force on the 7th day of January, 2016.
34 of 1968.
2. Amendment of section 2.— On and from the date of commencement of the Enemy Property Act, 1968 (hereinafter referred to as the principal Act), in section 2,—
(i) in clause (b),—
(I) for the words "an enemy subject", the words "an enemy subject including his legal heir and successor whether or not a citizen of India or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality" shall be substituted and shall always be deemed to have been substituted;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017(II) for the words "an enemy firm", the words "an enemy firm, including its succeeding firm whether or not partners or members of such succeeding firm are citizens of India or citizens of a country which is not an enemy or such firm which has changed its nationality" shall be substituted and shall always be deemed to have been substituted;
(III) for the words "does not include a citizen of India", the words ' "does not include a citizen of India other than those citizens of India, being the legal heir and successor of the "enemy" ' or "enemy subject" or "enemy firm" shall be substituted and shall always be deemed to have been substituted;
(IV) the following Explanations shall be inserted and shall always be deemed to have been inserted at the end, namely:—
'Explanation 1.— For the purposes of this clause, the expression "does not include a citizen of India" shall exclude and shall always be deemed to have been excluded those citizens of India, who are or have been the legal heir and successor of an "enemy" or an "enemy subject" or an "enemy firm" which or who has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy.
Explanation 2.— For the purposes of this clause, it is hereby clarified that nothing contained in this Act shall affect any right of the legal heir and successor referred to in this clause (not being inconsistent to the provisions of this Act) which have been conferred upon him under any other law for the time being in force.';
(ii) in clause (c), in the proviso,—
(I) after the words "dies in the territories to which this Act extends", the words "or dies in any territory outside India" shall be inserted and shall always be deemed to have been inserted;
(II) the following Explanations shall be inserted and shall always be deemed to have been inserted at the end, namely:—
'Explanation 1.— For the purposes of this clause, it is hereby clarified that "enemy property" shall, notwith- standing that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of the business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy property.
Explanation 2.— For the purposes of this clause, the expression "enemy property" shall mean and include and shall be deemed to have always meant and included all rights, titles and interests in, or any benefit arising out of, such property.'.
3. Amendment of section 5.— On and from the date of commencement of the principal Act, in section 5, after sub-section (2), the following shall be inserted, and shall always be deemed to have been inserted, namely:—
'(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this Act, vested in the Custodian.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017Explanation.—For the purposes of this sub-section, "enemy property vested in the Custodian" shall include and shall always be deemed to have been included all rights, titles, and interests in, or any benefit arising out of, such property vested in him under this Act.'.
4. Insertion of new section 5A.— After section 5 of the principal Act, the following section shall be inserted, namely:—
"5A. Issue of certificate by Custodian.— The Custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this Act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein.".
5. Insertion of new section 5B.— On and from the date of commencement of the principal Act, after section 5A [as inserted by section 4 of the Enemy Property (Amendment and Validation) Ordinance, 2016], the following shall be inserted and shall always be deemed to have been inserted, namely:—
'5B. Law of succession or any custom or usage not to apply to enemy property.— Nothing contained in any law for the time being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy property under this Act and no person (including his legal heir and successor) shall have any right and shall be deemed not to have any right (including all rights, titles and interests in, or any benefit arising out of, such property) in relation to such enemy property.
Explanation.— For the purposes of this section, the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law in the matters of succession of property.'.
6. Amendment of section 6.— On and from the date of commencement of the principal Act, for section 6 of the principal Act, the following section shall be substituted and shall always be deemed to have been substituted, namely:—
"6. Prohibition to transfer any property vested in Custodian by an enemy, enemy subject or enemy firm.— (1) No enemy or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the Custodian under this Act, whether before or after the commencement of this Act and any transfer of such property shall be void and shall always be deemed to have been void.
(2) Where any property vested in the Custodian under this Act had been transferred, before the commencement of the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, by an enemy or enemy subject or enemy firm and such transfer has been declared, by an order, made by the Central Government, to be void, and the property had been vested or deemed to have been vested in the Custodian [by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016] such property shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the Custodian and no person (including an enemy or enemy subject or enemy firm) shall have any right or be deemed to have any right (including all rights, titles and interests, or any benefit arising out of, such property) over the said property vested or deemed to have been vested in the Custodian.".
7. Amendment of section 8.— In section 8
of the principal Act,—
(i) on and from the date of commencement of the principal Act, for OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 sub-section (1), the following sub-section shall be substituted and shall always be deemed to have been substituted, namely:—
"(1) With respect to the property vested in the Custodian under this Act, the Custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this Act.";
(ii) in sub-section (2),—
(a) after clause (i), the following clause
shall be inserted, namely:—
"(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of the enemy property;";
(b) after clause (iv), the following
clause shall be inserted, namely:—
"(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any.".
8. Insertion of new section 8A.— After section 8 of the principal Act, the following section shall be inserted, namely:—
"8A. Sale of property by Custodian.— (1) Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority or any law for the time being in force, the Custodian may, within such time as may be specified by the Central Government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the Central Government, by general or special order, enemy properties vested in him immediately before the date of commencement of the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016 in accordance with the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016.
(2) The Custodian may, for the purpose of disposal of ememy property under sub- -section (1), make requisition of the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.
(3) The Custodian shall, on disposal of enemy property under sub-section (1) immediately deposit the sale proceeds into the Consolidated Fund of India and intimate details thereof to the Central Government.
(4) The Custodian shall send a report to the Central Government at such intervals, as it may specify, for the enemy properties disposal of under sub-section (1), containing such details (including the price for which such property has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the Consolidated Fund of India), as it may specify.
(5) The Central Government may, by general or special order, issue such directions to the Custodian on the matters relating to disposal of enemy property under sub-section (1) and such directions shall be binding upon the Custodian and the buyer of the enemy properties referred to in that sub-section and other persons connected to such sale or disposal.
(6) The Central Government may, by general or special order, make such guidelines for disposal of enemy property under sub-section (1).
(7) Notwithstanding anything contained in this section, the Central Government may direct that disposal of enemy property under sub-section (1) shall be made by any other authority or Ministry or Department instead of the Custodian and in that case all the provisions of this section shall apply to such authority or Ministry or Department in respect of disposal of enemy property under sub-section (1).
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017(8) Notwithstanding anything contained in sub-sections (1) to (7), the Central Government may deal with or utilise the enemy property in such manner as it may deem fit.".
9. Insertion of new section 10A.— After section 10 of the principal Act, the following section shall be inserted, namely:—
"10A. Power to issue certificate of sale.— (1) Where the Custodian proposes to sell any enemy immovable property vested in him, to any person, he may on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such person and such certificate of sale shall, not- withstanding the fact that the original title deeds of the property have not been handed over to the transferee, be valid and conclusive proof of the ownership of such property by such person.
(2) Notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in sub-section (1), issued by the Custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the Custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason.".
10. Amendment of section 11.— In section 11 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:—
5 of 1908.
"(3) The Custodian, Deputy Custodian or Assistant Custodian shall have, for the purposes of exercising powers or discharging his functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while dealing with any case under this Act, in respect of the following matters, namely:—
(a) requiring the discovery and
inspection of documents;
(b) enforcing the attendance of any person, including any officer dealing with land, revenue and registration matters, banking officer or officer of a company and examining him on oath;
(c) compelling the production of books, documents and other records; and
(d) issuing commissions for the examination of witnesses or docu- ments.".
11. Amendment of section 17.— In section 17 of the principal Act, in sub-section (1), for the words "two per centum", at both the places where they occur, the words "five per centum" shall be substituted.
12. Substitution of new section for section 18.— For section 18 of the principal Act, the following section shall be substituted, namely:—
"18. Transfer of property vested as enemy property in certain cases.— The Central Government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the Custodian within a period of thirty days from the date of receipt of such order or from the date of its publication in the Official Gazette, whichever is earlier and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested in the Custodian under this Act and remaining with him was not an enemy property, it may by general or special order, direct the Custodian that such property vested as enemy property in the Custodian may be transferred to the person from whom such property was acquired and vested in the Custodian.".
13. Insertion of new section 18A.— On and from the date of commencement of the principal Act, after section 18 [as substituted OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 by section 12 of the Enemy Property (Amendment and Validation) Ordinance, 2016], the following section shall be inserted and shall always be deemed to have been inserted, namely:—
"18A. Income not liable to be returned.— Any income received in respect of the enemy property by the Custodian shall not, notwithstanding that such property had been transferred by way of sale under section 8A or section 18, as the case may be, to any other person, be returned or liable to be returned to such person or any other person.".
Ord. 1 of 2016.
14. Insertion of new sections 18B and 18C.— After section 18A of the principal Act [as so inserted by section 13 of the Enemy Property (Amendment and Validation) Ordinance, 2016], the following sections shall be inserted, namely:—
'18B. Exclusion of jurisdiction of civil courts.— Save as otherwise provided in this Act, no civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any property, subject matter of this Act, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, or any action taken by the Central Government or the Custodian in this regard.
18C. Appeal to High Court.— Any person aggrieved by an order of the Central Government under section 18 of this Act, may, within a period of sixty days from the date of communication or receipt of the order, file an appeal to the High Court on any question of fact or law arising out of such orders, and upon such appeal the High Court may, after hearing the parties, pass such orders thereon as it thinks proper:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Explanation.— In this section, "High Court" means the High Court of a State or Union territory in which the property referred to in section 18 is situated.'.
15. Amendment of section 20.— In section 20 of the principal Act, for the wods "five hundred rupees" at both the places where they occur, the words "ten thousand rupees" shall be substituted.
16. Amendment of section 22.— On and from the date of commencement of the principal Act, in section 22 of the principal Act, after the words "for the time being in force", the brackets and words "(including any law of succession or any custom or usage in relation to succession of property)" shall be inserted and shall always be deemed to have been inserted.
17. Insertion of new section 22A.— After section 22 of the principal Act, the following section shall be inserted and shall always be deemed to have been inserted with effect from the 2nd July, 2010, namely:—
"22A.Validation.— Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,—
(a) the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, shall have and shall always be deemed to have effect for all purposes as if the provisions of this Act, as amended by the said Ordinance, had been in force at all material times;
(b) any enemy property divested from the Custodian to any person under the provisions of this Act, as it stood immediately before the commencement of the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, shall stand transferred to and vest or continue OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 to vest, free from all encumbrances, in the Custodian in the same manner as it was vested in the Custodian before such divesting of enemy property under the provisions of this Act, as if the provisions of this Act, as amended by the aforesaid Ordinance, were in force at all material times;
(c) no suit or other proceedings shall, without prejudice to the generaity of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the Custodian vested in him under section 5 of this Act, as it stood before the commencement of the Enemy Property (Amendment and validation) Fifth Ordinance, 2016, and such enemy property shall continue to vest in the Custodian under section 5 of this Act, as amended by the aforesaid Ordinance, as if the said section, as amended by the aforesaid Ordinance was in force at all material times;
(d) any transfer of any enemy property, vested in the Custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the Custodian which is contrary to the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the Custodian under this Act.".
18. Amendment of section 23.— In section 23 of the principal Act, in sub-section (2), clause (d) shall be omitted.
19. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016,
40 of 1971.
the Central Government may, by an order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, or the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as amended by the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of two years from the date on which the Bill replacing the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, receives the assent of the President.
(2) Every order made underd this section shall be laid, as soon as may be after it is made, before each House of Parliament.
20. Amendment of sections 2 and 3 of Act 40 of 1971.— In the Public Premises (Eviction of Unauthorised Occupants) Act, 1971,—
(a) in section 2, in clause (e), after sub- -clause (3), the following sub-clause shall be inserted, namely:—
34 of 1968.
"(4) any premises of the enemy property as defined in clause (c) of section 2 of the Enemy Property Act, 1968.";
(b) in section 3, in clause (a),—
(i) in the second proviso, the word
"and" shall be omitted;
(ii) after the second proviso, the following proviso shall be inserted, namely:—
34 of 1968.
"Provided also that the Custodian, Deputy Custodian and Assistant Custodian of the enemy property appointed under section 3 of the Enemy Property Act, 1968 shall be deemed to have been OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 Department of Power
Office of the Chief Electrical Engineer
—
Notification
CEE/Accts-4(Bud)/2016-2017/5655
The following schemes are approved by the Government of Goa and is hereby published for general information of the public and shall come into force from the date of publication in the Official Gazette.
appointed as the Estate Officer in respect of those enemy property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this Act for which they had been appointed as the Custodian, Deputy Custodian and Assistant Custodian under section 3 of the Enemy Property Act, 1968.".
PATTERN OF ASSISTANCE FOR GOA ENERGY DEVELOPMENT AGENCY
Ord. 4 of 2010.
34 of 1968.
40 of 1971.
1. Sanction of the Government is hereby conveyed for implementation of the following "Pattern of Assistance" for releasing grant- -in-aid to the "Goa Energy Development Agency", Saligao, Bardez-Goa registered vide No. 16/Goa/95 dated 30-01-1995 under the Societies Registration Act, 1860 (Central Act 21 of 1860).
(A) 100% grants will be released to the GEDA for operation and maintenance of the following schemes including expenditure on the establishment and staff.
(I) The schemes are:—
21. Savings.— Notwithstanding the cessation of the operation of the Enemy Property (Amendment and Validation) Ordinance, 2010, anything done or any action taken under the Enemy Property Act, 1968, or the Public Premises (Eviction of Unauthorised Occu- pants) Act, 1971, as amended by the Enemy Property (Amendment and Validation) Ordinance, 2010, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by the Enemy Property (Amendment and Validation) Ordinance, 2010, as if the provisions of those Acts, as amended by the said Ordinance had been in force at all material times.
(i) Power/New and Renewable Sources
of Energy.
Ord. 7 of 2016.
22. Repeal and savings.— (1) The Enemy Property (Amendment and Validation) Fourth Ordinance, 2016 is hereby repealed.
(ii) Non-Conventional Sources of Energy/New and Renewable Sources of Energy.
34 of 1968.
(iii) Non-Conventional Sources of Energy/Non-Conventional Power Generation (Bio-mass).
(2) Notwithstanding such repeal, anything done or any action taken under the Enemy Property Act, 1968 as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said Act, as amended by this Ordinance.
PRANAB MUKHERJEE, President.
_______
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
The schemes include programmes on Solar Photovoltaic (SPV) Energy, Solar Thermal (ST) Energy, Wind Energy, Biomass Energy, Hydro Energy, Biogas Energy, Alternate Fuel Energy, Energy/Fuel Conservation Programme, Energy Audit Programme, Training in Renewable Energy (RE) Programme, Awareness Creation Programmes, exhibition and publicity OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 Programme and implementation of the projects on renewable power generation.
(II) Grants/Subsidies: Providing financial assistance to the beneficiaries for SPV, ST, Biomass, Biogas, Improved fuel saving devices, Energy Efficient saving devices, etc.
(III) To implement the aims, objectives and schemes referred in the Memorandum of Association and the Rules and Regulations of GEDA.
(IV) The grants will be released in two installments, one in April and second in October.
(V) GIA under the Schemes (i) Power/ /New and Renewable Sources of Energy and (ii) Non-Conventional Sources of Energy/New and Renewable Sources of Energy includes Staff Salaries and Office Expenses.
(B) The agency shall utilize the amount for the purpose for which it is sanctioned in accordance with the schemes regulating the grants and shall furnish the utilization certificate to the respective Budget controlling Department.
(C) The agency shall not involve in corrupt
practices.
(D) The assets, if any created out of the grants will be subject to the provisions of the General Financial Rules and other conditions governing the grant-in-aid.
(E) Accounts of the Agency shall be subject to Audit by the Comptroller and Auditor General of India at his discretion and by a Government approved Chartered Accountant/ /Auditor.
(F) The entire amount of the grants approved within the same financial year should be utilized before the month of March of the subsequent year and the purpose for which it is sanctioned.
(G) The agency will be exempted from executing the bond being a Government organization.
2. The grant-in-aid shall further be governed as per the terms and conditions detailed below:—
(i) The equipments purchased with the grant-in-aid will be vested in the Government. The Grantee shall maintain a register in Form G.F.R. 19 of the permanent and semi permanent grants. The register shall be maintained separately in respect of the grants sanctioned and an extract from the register shall be furnished to the Government annually with the audited accounts after the close of the financial year. If the Grantee ceases to exist any time and as such "assets/properties" shall revert to the Government.
(ii) The accounts of the Grantee in respect of the grant should be audited by a Government approved Auditor immediately after the end of the financial year. The accounts of the grant shall be maintained separately and properly from its normal activities and submitted as and when required. They shall be open to audit by the Comptroller and Auditor General of India at his discretion.
(iii) The audited statement of accounts showing the expenditure incurred by the Grantee from the grants should be furnished to the Government as soon as possible after the close of financial year together with a certificate from the C.A/ /Auditor to the affect that the grant was utilized for the purpose for which it was sanctioned.
(iv)A performance-cum-achievement report/reports specifying in detail the achievements made by the Grantee with the Government Grants should be furnished to the Government as soon as possible after the close of the financial year but not later than September of the ensuing year.
(v) The accounts and records of the Grantee shall be subject to Audit/inspection by the Budget controlling Department or his representative/s and for that purpose he OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 shall be afforded all the facilities for such an inspection and the Grantee shall comply with request for information called by with reasonable expedition.
(vi) The Grantee shall furnish information/ /statements/periodical returns within 10 days as may be prescribed or required by the Budget Controlling Department.
(vii) The Grantee institution shall formulate Rules and Regulation as also of services of their employees so that by and large, they will be broadly comparable and not higher than those applicable to similar categories of employees in the Government of Goa. The Grantee institution shall follow the financial rules as applicable to the Government.
3. This issues with the concurrence of Finance Depar tment vide their U. O. No. 3862/F dated 10-01-2017.
By order and in the name of the Governor
of Goa.
Laxmikant D. Kolvekar, Chief Electrical
Engineer (Power).
Panaji, 23rd November, 2016.
2. Introduction.— The Supreme Court Committee on Road Safety has recommended that 50% of fines/compounding fees should be allotted for implementation of Road Safety Measures. Accordingly, the Directorate of Transport has issued the Notification on State Road Safety and Action Plan. As per the Notification, 50% of the amount collected by way of fines/compounding fees by the enforcement agencies shall be made available for implementation of Road Safety Measures.
3. Objective of the scheme.— The Road Safety Fund has been created with the objective of implementation of Road Safety Measures in the State of Goa. Amount released by the Government shall be utilized through this fund for the implementation of Road Safety Measures in the State of Goa.
4. Scope of the scheme.— (1) The Road Safety Fund has been created out of 50% of the compounding fees collected under the Motor Vehicles Act by the Transport Department.
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Department of Transport
Directorate of Transport
Notification
D.Tpt/EST/2531/2016/585
The following scheme is approved by the Government of Goa and is hereby published for the general information of the public and shall come into force from the date of publication in the Official Gazette.
1. Short title and commencement.— (1) This scheme may be called the Goa State Road Safety Fund Scheme, 2016.
(2) It shall come in force on the date of its
publication in the Official Gazette.
(2) Amount (Compounding Fees) collected by Transport Department shall be credited to Receipt Head: 0041 — Taxes on Vehicles; 00; 101 — Receipt under the Indian Motor Vehicles Act; 01 — Receipts under the Indian Motor Vehicles Act; 00 — in the respective financial year in which the fees are collected as per the prevalent practice. Thereafter Transport Department shall make provision in the Budget estimate for amounts equivalent to 50% of the amount so collected and credited to receipt head in the previous financial year and Government of Goa contribution of Rs. 50.00 lakhs as Government Contribution to the scheme under the Major Head:
3055 — Road Transport; 00 —; 001 — Direction and Administration; 12 — Road Safety Fund; 31 — Grant-in-aid:— for release of grants to various recognized Institutions/ /Government registered NGOs to carry out awareness programmes, etc.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017and
50 — Other Charges:— for execution of various works through public a g e n c i e s l i k e G S I D C / G S U DA and Department of PWD/WRD/ /Electricity.
(3) Any amount remaining unutilized during the financial year out of the Budget Provision so made shall be credited to the corpus fund Account of State Bank of India, separately created for the purpose under Public Account of the State Government under the Major Head: 8443 — Civil Deposits; 00 —; 106 — Personal Deposits; 05 — Personal Deposits of Directorate of Transport; 00—.
(4) Particulars of amounts deposited in the previous year shall be obtained from the Directorate of Accounts, Panaji.
(5) Sanctions for drawal will be accorded from the amount in balance in the fund from time to time received on transfer from the consolidated fund.
(6) The Road Safety Fund shall be operated by the Director of Transport, Government of Goa.
(7) Expenditure from the Road Safety Fund shall be made chiefly on the following three purposes:—
(A) Traffic Engineering Measures:—
(1) Survey, installation and maintenance of Automatic Signals and blinkers at important intersections in cities.
(2) Fixing of cat's eye, reflectors, road signs, construction of road dividers, islands, road markings on road and their maintenance.
(3) Purchase and maintenance of cones, drums, barricades, bollards, watch-towers, lighting on roads, loudspeakers, loud hailers etc. for traffic control.
(4) Purchase and maintenance of various types of vehicles and telecommunication equipments for traffic control.
(5) Any other engineering measures or equipment deemed by the Director of Transport to be necessary and useful.
(B) Traffic Education:—
(1) Establishment of Traffic education
parks.
(2) Preparing literature and educational material such as road sign chart, traffic rules for safe driving, how to overtake, how to cross roads etc. for distribution among public and children.
(3) Preparing and screening of short films on road safety on Doordarshan, electronic media and in various educational institutions in the State.
(4) Preparing slides on traffic rules, and
their public screening.
(5) To put up hoardings and release adver tisements in newspapers and souvenirs on traffic rules and road safety.
(6) Constitute road safety squad in the
State.
(7) Purchase Mobile Vans, for publicity of traffic regulations fitted with T.V., VCR and other equipments.
(8) Purchase/maintenance of computers
for traffic data analysis.
(9) Purchase of Videorama (video projection system) and VCR with Video Camera.
(10) To send Officers of different ranks for training in traffic within the country and abroad as per prevalent rules, organise seminars, workshops, training etc., on road safety measure.
(C) Traffic Enforcement:—
(1) Purchase and maintenance of crane, equipment etc., for the removal of vehicles.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017(2) Purchase and maintenance of doppler radar and equipments specified for a Interceptor Vehicles etc., for checking speed of vehicles.
(3) Purchase of pollution checking equipment, breath analyser, signaling battons, torches/search lights, reflecting jacket, Alcometers, wheel clamps, tow bars and other modern equipments, etc.
(4) Payment of wages/honorarium to the personnel temporarily employed in road safety cell.
(5) Installation of CCTV Cameras at strategic points and monitoring from control room.
(6) Any other equipment related to road safety which is deemed by the Director of Transport to be necessary and useful.
(D) Road Safety Awareness by recognized institutions and Government registered NGOs
(1) To organize painting, Essay writing,
debate competitions etc., for children.
(2) Organising permanent road safety
exhibitions in major cities.
(3) Constitute Traffic Wardens Organi-
sations in all major cities.
(4) To organize Road Safety Week every
year.
(5) To organize talks and workshops on
Road Safety Awareness.
5. Eligibility.— Sanctions for expenditure from the fund subject to the limits and conditions specified in the Goa Delegation of Financial Power and Rules, 2008 shall be delegated to the concerned Officers. Proposals exceeding these limits shall be sent to the Government.
6. Quantum of Financial Assistance under the scheme.— The scheme provides for disbursement of 20% of the accumulated amount of the Road Safety Fund for release of grants to various recognized Institutions/ /Government registered NGOs to carry out awareness programmes, etc. and 80% for execution of various works through public agencies like GSIDC/GSUDA and Department of PWD/WRD/Electricity.
7. Pattern of Assistance.— (1) The 20% of the accumulated amount of the Road Safety Fund shall be released as grants to various recognized institutions/Government registered NGOs to the maximum of Rs. 1,00,000/- per institution/NGOs.
(2) The grantee institution/NGO shall submit the Utilization Certificate in Form 19A within a period of one month from the date of release of grant-in-aid.
(3) The grantee institution/NGO shall submit the Audited Statement of Accounts by a Registered Chartered Accountant within a period of six months from the close of financial year.
(4) Non-submission of Utilization Certificate or Audited Statement of Accounts would act as disqualification of institution/NGO for further release of grants-in-aid.
(5) The records of the grantee institution/ /NGO shall be open to inspection by the Director of Transport at any point of time.
(6) The grantee institution/NGO shall utilize the allotted funds strictly for the purpose as per point 4 (D) of the scheme.
(7) The 80% of the accumulated amount of the Road Safety Fund shall be made available for execution of various works through public agencies like GSIDC/GSUDA and Department of PWD/WRD/Electricity as per the scope of work mentioned in the scheme.
8. Relaxation of the provision of the scheme.— The Government shall be empowered to relax any or all clauses or OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 conditions of the scheme in genuine cases to be recorded in writing.
9. Interpretation of the provision of the scheme.— If any question arises regarding interpretation of any clause, word, expression of the scheme, the decision shall lie with the Government, which shall be final and binding on all concerned.
10. This has been issued with concurrence of Finance (Exp) Department vide their U. O. No. 3560/F dated 03-01-2017.
By order and in the name of the Governor
of Goa.
Sunil Masurkar, Director & ex officio Joint
Secretary (Transport).
Panaji, 15th March, 2017.
of Financial Powers to SPV dated 27th May, 2016. Further, the Government has approved to give complete flexibility and financial autonomy to the SPV to implement and manage Smart City Projects. As per the said Gazette Notification, the SPV has full autonomy to discharge its functions as prescribed under Articles of Association (AoA) to meet the objectives written in Memorandum of Association (MoA) including exercise of financial powers within frame work of the Companies Act, 2013.
And whereas the Committee under the Chairmanship of Hon. Minister for Urban Development, Government of Goa, constituted vide the decision taken in the XXIIIrd Cabinet Meeting, recommended that delegation of powers to the SPV are absolutely needed to be in place to ensure delivery of the Mission in a time bound and organised manner.
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Department of Urban Development
Directorate of Municipal Administration Now, therefore, the Government is pleased to approve empowering the SPV-Imagine Panaji Smart City Development Ltd. (IPSCDL) – Smart City SPV by vesting the powers, as stated below:—
Notification
10/671/2015-DMA/3001
Whereas, the Smar t Cities Mission, launched by the Hon'ble Prime Minister of India, on June 25, 2015, is implemented through the Ministry of Urban Development, Government of India.
And whereas, as per the Smart Cities Mission Guidelines, vide Notification No. 10/ /671/2015-DMA/658, dated 9th June, 2016 Government of Goa has constituted Special Purpose Vehicle (SPV) in the name and style of Imagine Panaji Smart City Development Ltd. (IPSCDL).
And whereas, the Government of Goa vide Notification No. 14/DMA/Acctt/SCM/CCP/ /2016-17/1301, dated 3rd August, 2016 has notified the share holding structure, the key functions and responsibilities of the SPV and also approved the Government of India O. M. No. K-15016/61/2015-SC-I with Sub: Delegation (A) Delegating the approval or decision making powers in regards to Smart City Projects available to the Urban Development Depar tment/Municipal Administration Department including functions of North Goa Planning & Development Authority (NGPDA) and Town & Country Planning Department (TCP), and Corporation of the City of Panaji (CCP), as may be applicable to the Board of Directors of IPSCDL. The powers of the said Institution for all practical purposes would henceforth be vested in IPSCDL – Smart City SPV.
(B) To delegate the powers in regard to matters that require the approval of the State Government to the State Level High Powered Steering Committee (SHPSC) for Smart Cities and AMRUT Mission to ensure smooth and fast implementation of projects undertaken by the SPV from time-to-time.
(C) Any planned development work in the City of Panaji must take the approval OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 50 16TH MARCH, 2017 of IPSCDL prior to executing the project as it has been observed that due to multiple agencies working in the city often there is lack of clarity on the developmental works that are being undertaken for the city, thereby leading to duplication and repetitive works. It is anticipated that duplication of work in the city would be avoided by this process as majority of the Departments providing services to the citizens are represented at IPSCDL Board and therefore, will be able to address respective concerns.
By order and in the name of the Governor beginning on 1st April, 1st July, 1st October or
1st January.
Renewal of subscription from 1st April should be effected on or before 31st March, 2017 in order to avoid interruption in the despatch of copies of the Gazette. It should be noted that, in case the subscription is not opened/renewed before the commencement of the period to which it refers, the subscribers will be entitled to receive copies of the Gazette only from the date the subscription is actually opened/renewed.
Official Gazette is now available through
e-mail for an annual subscription of Rs. 200/-
(Rupees two hundred only).
of Goa.
J. Ashok Kumar, IAS, Director & ex officio
Additional Secretary (Urban Development).
Panaji, 9th March, 2017.
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