2019

Panaji, 16th March, 2017 (Phalguna 25, 1938)

SERIES I No. 50

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

Notification

10/4/2016-LA

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.

Suggestions are welcomed on e-mail: dir–[email protected]

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 22nd December, 2016/

/Pausa 1, 1938

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.

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

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).

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

powers.

5. Printing and Stationery

Subscription Rates.

2033

INDEX

NOTE

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 50

16TH MARCH, 2017

2020

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.

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;

34 of 1968.

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2021

(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

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2022

Explanation.—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)

and

from

the

date

commencement of the principal Act, for

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 50

16TH MARCH, 2017

2023

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

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2024

(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:—

“(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;

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

5 of 1908.

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2025

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.”.

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

Ord. 1

of 2016.

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2026

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;

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,

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:—

“(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:—

“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

have

been

40 of 1971.

34 of 1968.

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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.”.

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.

22. Repeal and savings.— (1) The

Enemy Property (Amendment and

Validation) Fourth Ordinance, 2016 is

hereby repealed.

(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.

Ord. 4

of 2010.

34 of 1968.

40 of 1971.

Ord. 7

of 2016.

34 of 1968.

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.

PATTERN OF ASSISTANCE FOR GOA

ENERGY DEVELOPMENT AGENCY

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:—

(i) Power/New and Renewable Sources

of Energy.

(ii) Non-Conventional Sources of

Energy/New and Renewable Sources of

Energy.

(iii) Non-Conventional Sources of

Energy/Non-Conventional Power Generation

(Bio-mass).

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

2028

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.

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

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

2029

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 Department 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.

———!!!———

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. 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.

(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

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16TH MARCH, 2017

2030

and

50 — Other Charges:— for execution of

various works through public

agencies like GSIDC/GSUDA

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

advertisements 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.

(1) Purchase and maintenance of

crane, equipment etc., for the removal of

vehicles.

OFFICIAL GAZETTE — GOVT. OF GOA

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2031

(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

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2032

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.

———!!!———

Department of Urban Development

Directorate of Municipal Administration

Notification

10/671/2015-DMA/3001

Whereas, the Smart 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

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.

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:—

(A) Delegating the approval or decision

making powers in regards to Smart City

Projects available to the Urban Development

Department/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.

the City of Panaji must take the approval

OFFICIAL GAZETTE — GOVT. OF GOA

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2033

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

of Goa.

J. Ashok Kumar, IAS, Director & ex officio

Additional Secretary (Urban Development).

Panaji, 9th March, 2017.

———!!!———

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