1147

Panaji, 10th August, 2017 (Sravana 19, 1939)

SERIES I No. 19

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

INDEX

Department

Notification/Ord./Bill/Corri.

Subject

Pages

1. a. Goa Legislature Secretariat

Bill- LA/LEGN/2017/1384

The Goa Compensation to the Project Affected

1148

Persons and Vesting of Land in the Government

Bill, 2017.

b. —do—

Bill- LA/LEGN/2017/1418

The Goa Appropriation Acts (Repeal) Bill, 2017.

1151

c. —do—

Bill- LA/LEGN/2017/1419

The Goa Protection of Interests of Depositors

1152

(in Financial Establishments) (Amendment)

Bill, 2017.

d. —do—

Bill- LA/LEGN/2017/1420

The Goa Value Added Tax (Tenth Amendment)

1157

Bill, 2017.

e. —do—

Bill- LA/LEGN/2017/1421

The Goa Excise Duty (Amendment) Bill, 2017.

1165

f. —do—

Bill- LA/LEGN/2017/1422

The Goa Requisition and Acquisition of Property 1167

Bill, 2017.

g. —do—

Bill- LA/LEGN/2017/1430

The Goa Information Technology Development

1175

(Amendment) Bill, 2017.

h. —do—

Bill- LA/LEGN/2017/1431

The Goa Preservation of Trees (Amendment)

1178

Bill, 2017.

i. —do—

Bill- LA/LEGN/2017/1432

The Goa Highways (Amendment) Bill, 2017.

1180

j. —do—

Bill- LA/LEGN/2017/1440

The Goa Appropriation (No. 2) Bill, 2017.

1181

k. —do—

Bill- LA/LEGN/2017/1441

The Goa Appropriation (No. 3) Bill, 2017.

1184

l. —do—

Bill- LA/LEGN/2017/1442

The Goa Town and Country Planning

1186

(Amendment) Bill, 2017.

2.a. Labour

Ord.- 2/51/TRG/SDCT/

Upgradation of existing Government ITI into

1187

Dir. of Skill Development and

/2014/1610

Model ITI.

Entrepreneurship

Dir. & ex officio Joint Secretary

b. —do—

Ord.- 5/15/TRG/SDCT/

Upgradation of Government Industrial Training

1192

/F-4/10(Part)/1660

Institute through Public Private Partnership.

3. Panchayati Raj & Community

Not.- 23/DP/ZP/LA/2017/

Goa Zilla Panchayat (Election of the members to 1193

Development

/3868

the Zilla Panchayat from amongst the members

Dir. & ex officio Joint Secretary

of the State Legislative Assembly) (First Amend-

ment) Rules, 2017.

4. Revenue

Not.- 16/39/2017-RD/1687

Goa Land Revenue (City Survey) (Amendment)

1194

Under Secretary (Revenue -I)

Rules, 2017.

5. Sports & Youth Affairs

Not.- DSYA/SW/Schemes/

Scheme for Presentation of “Bakshi Bahaddar

1195

Dir. & ex officio Joint Secretary

/BBJK Award/2017-18/1462

Jivabadada Kerkar Award”.

NOTE

There is one Extraordinary issue to the Official Gazette, Series I No. 18 dated 3-8-2017 namely, Extraordinary dated

4-8-2017 from pages 1145 to 1146 from Department of Finance, Debt Management Division Notification No. 5-4-2017-

-Fin(DMU) regarding the Market Borrowing Programme.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1148

Goa Legislature Secretariat

LA/Legn/2017/1384

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 2nd August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

————

The Goa Compensation to the Project

Affected Persons and Vesting of Land

in the Government Bill, 2017

(Bill No. 19 of 2017)

BILL

to provide for compensation to the project

affected persons and vesting of land in the

Government.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa

Compensation to the Project Affected Persons

and Vesting of Land in the Government Act,

2017.

(2) It extends to the whole of the State of

Goa.

(3) It shall be deemed to have come into

force on the 1st day of December, 2012.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Authority” means the Goa Project

Affected Persons Disputes Redressal

Authority established under sub-section (1)

of section 5 of this Act;

(b) “Collector” means the Collector of

the District where the land is situated and

includes any other officer specially

empowered by the Government by

notification in the Official Gazette to

perform the functions of a Collector under

this Act;

Principal District Judge of Original

Jurisdiction and includes the Court of any

Additional District Judge or the Court of

Civil Judge having pecuniary jurisdiction

as may be specified by the Government

by notification as a Court;

(d) “Government” means the Govern-

ment of Goa;

(e) “land” includes benefits arising out

of land, things attached to earth or

permanently fastened to anything attached

to the earth;

(f) “project” means project undertaken

by the Government for public purpose;

(g) “Public purpose” shall mean and

include the following purposes, namely:—

(a) strategic purposes relating to State

police, safety of the people; or

(b) infrastructure projects, which

includes the following, namely:—

(i)

projects

involving

agro-

processing, supply of inputs to

agriculture,

warehousing,

cold

storage facilities, marketing infra-

structure for agriculture and allied

activities such as dairy, fisheries, and

meat processing, set up or owned by

the Government or by a farmers’ co-

-operative or by an institution set up

under a statute;

(ii) project for industrial corridors or

mining activities;

(iii) project for water harvesting and

water

conservation

structures,

sanitation;

(iv)

project

for

Government

administered, Government aided

educational and research schemes or

institutions;

(v) project for sports, health care,

tourism, transportation;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1149

(vi) any infrastructure facility as

may be notified in this regard by the

Government;

(d) project for housing, or such income

groups, as may be specified from time

to time by the Government;

(e) project for planned development

or the improvement of village sites or

any site in the urban areas or provision

of land for residential purposes for the

weaker sections in rural and urban

areas;

(f) project for residential purposes to

the poor or landless or to persons

residing in areas affected by natural

calamities, or to persons displaced or

affected by reason of the implementation

of any scheme undertaken by the

Government, any local authority or a

corporation owned or controlled by the

Government;

(g) infrastructural project of any

Statutory

corporations,

bodies,

authorities or any other Government

bodies and includes the land acquired

for any project relating to Airport.

3. Compensation to the Project Affected

Person.— (1) Where any land is acquired by

the Government under the Land Acquisition

Act, 1894 (Act 1 of 1894), the Right to Fair

Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement

Act, 2013 (Central Act 30 of 2013) or any

other law, dealing with acquisition of land,

for the time being in force and the acquired

land has been already marked out and

measured and a plan has been made of the

same, such land as marked in such plan shall

be deemed to have been validly acquired

and vested in the Government free from all

encumbrances, and the Government shall

pay compensation thereof to the interested

person, notwithstanding the fact that the

details of such land such as area, survey

number or the details of the interested person

such as name, address, etc., is, not specified

or erroneously specified in the notification,

declaration, award, notice or order issued

under the said Acts.

(2) Any dispute arising out of the provisions

contained in sub-section (1) shall be referred

to the Authority constituted under section 5.

The decision of the Authority shall be final

and binding.

(3) In the event any interested person fails

to claim compensation, the Collector shall

cause compensation payable under sub-

-section (1) to be deposited in the Court in a

separate account.

4. Vesting of Land in the Government.—

(1) Notwithstanding,—

(i) anything contained in the Goa, Daman

and Diu Town and Country Planning Act,

1974 (Act 21 of 1975), the Legislative Diploma

No. 645 dated 30-3-1933 in its application to

the State of Goa, the Goa Land Use

(Regulation) Act, 1991 (Act 3 of 1991) or any

other law for the time being in force, or

decree, judgment or direction of any Court

or rules, regulations, notifications or Orders

issued by the Government; and

(ii) prohibition on, sale of land under the

said Legislative Diploma No. 645 dated

30-03-1933 or development of land in no

development zone or use of land under the

said Act 21 of 1975 or the Act 3 of 1991, as

the case may be, or rules, notifications, plans

issued thereunder, the Government shall be

entitled to enter into any transaction with

any person, body of persons, committee, etc.,

including transaction to enter into contract

or obtain no objection certificate from the

owner, where the land is needed for public

purpose and all such land purchased/

acquired by the Government shall vest in the

Government free from all encumbrances of

whatsoever nature and the Government shall

use such land for setting up of project.

(2) Where the Government has already

entered into any transaction referred to in

sub-section (1) before the commencement of

this Act, all such transactions shall be

deemed to have been validly done, or entered

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1150

into and all such land shall be deemed to

have been vested in the Government free

from all encumbrances.

(3) The Government shall use the land

referred under sub-sections (1) and (2) for

setting up of project.

5. Establishment of Authority.— (1) The

Government shall for the purpose of

providing speedy disposal of disputes under

this Act establish by notification in the Official

Gazette one or more authorities to be known

as the Project Affected Persons Disputes

Redressal Authority.

(2) The Authority shall consists of one

person who shall be not below the rank of

Secretary to the Government of Goa to be

appointed by the Government by notification

in the Official Gazette.

(3) If any vacancy occurs in the office of

the Authority, the Government shall appoint

another person in accordance with the

provisions of this Act to fill such vacancy and

the proceedings may be continued before the

Authority from the stage at which it had

reached when such vacancy arose.

6. Protection for action taken in good

faith.— No suit, prosecution or other

proceedings shall lie against the Government

or any officer of the Government for anything

which is in good faith done or intended to be

done under this Act or the rules made

thereunder.

7. Jurisdiction of Civil Courts barred.— No

civil court (other than High Court or the

Supreme Court) shall have jurisdiction to

entertain any dispute in respect of which the

Authority is empowered by or under this Act,

and no injunction shall be granted by any

court in respect of any such matter.

8. Power to make rules.— The Government

may, by notification, in the Official Gazette

make rules to carry out the purposes of this

Act.

9. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by order, published in the Official Gazette,

make such provisions not inconsistent with

the provisions of this Act, as may appear to

it to be necessary or expedient for removal

of the difficulty:

Provided that no such order shall be made

under this section after the expiry of a period

of two years from the date of enactment of

this Act.

(2) Every order made under this section

shall be laid as soon as may be after it is

made, before the State Legislature.

Statement of Objects and Reasons

The Bill seeks to provide right of

compensation to the persons affected by

acquisition of land for various projects and

to adequately compensate them where they

have not received compensation due to

mistakes in the notifications, declarations or

awards notice or order passed by the Land

Acquisition

Officer

under

the

Land

Acquisition Act, 1894 (1 of 1894), the Right

to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (Central Act 30 of

2013) or any other law, dealing with

acquisition of land, for the time being in

force.

The Bill also seeks to provide for protection

of title to lands vested in the Government.

This Bill seeks to achieve the above

Objects.

Financial Memorandum

Clause 3 of the Bill provides for acquisition

of land and for payment of compensation.

Section 5 proposes for establishing of one or

more Authorities to be known as the Project

Affected Persons Disputes Redressal

Authority, for the purpose of providing speedy

disposal of disputes under this Act.

The amount of financial implications

towards compensation for land acquisition

and establishment of Authority towards costs

of staffing, office exigencies and honorarium

OFFICIAL GAZETTE — GOVT. OF GOA

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10TH AUGUST, 2017

1151

to the members, cannot be quantified at this

stage.

Memorandum Regarding Delegated Legislation

Clause 2 (b) of the Bill empowers the

Government to issue notification for

empowering an officer to perform the

functions of Collector.

Sub-clause (1) and (2) of Clause 5

empowers the Government to issue

notification for establishing Project Affected

Persons Disputes Redressal Authority and for

appointment of such authority.

These delegations are of normal character.

Porvorim-Goa.

ROHAN KHAUNTE

1st August, 2017.

Minister for Revenue

Assembly Hall,

Shri NILKANT SUBHEDAR

Porvorim-Goa.

Secretary to the Legislative

1st August, 2017.

Assembly of Goa.

Governor’s Recommendation under Article 207 of

the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Smt. Mridula Sinha,

the Governor of Goa, hereby recommend to

the Legislative Assembly of Goa, the

introduction and consideration of the Goa

Compensation to the Project Affected Persons

and Vesting of Land in the Government Bill,

2017.

RAJ BHAVAN.

MRIDULA SINHA

Date: 1-8-2017.

Governor of Goa.

—————

LA/LEGN/2017/1418

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 3rd August, 2017 is hereby published

for general information in pursuance of

Rule – 138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

The Goa Appropriation Acts (Repeal)

Bill, 2017

(Bill No. 13 of 2017)

BILL

to repeal Appropriation Acts

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India as follows:—

1. Short title.— This Act may be called

the Goa Appropriation Acts (Repeal) Act,

2017.

2. Repeal of Appropriation Acts.— The

enactments specified in the Schedule are

hereby repealed.

3. Savings.— The repeal by this Act of any

enactment shall not affect any other

enactment in which the repealed enactment

has been applied, incorporated or referred to;

and this Act shall not affect the validity,

invalidity, effect or consequences of anything

already done or suffered, or any right, title,

obligation or liability already acquired,

accrued, or incurred, or any remedy or

proceeding in respect thereof, or any release

or discharge of or from any debt, penalty,

obligation, liability, claim or demand, or any

indemnity already granted, or the proof of any

past act or thing; nor shall this Act affect any

principle or rule of law, or established

jurisdiction, form or course of pleading,

practice or procedure, or existing usage,

custom, privilege, restriction, exemption,

office or appointment, notwithstanding that

the same respectively may have been in any

manner affirmed, recognized or derived by,

in or from any enactment hereby repealed; nor

shall the repeal by this Act of any enactment

revive or restore any jurisdiction, office,

custom, liability, right title, privilege,

restriction, exemption, usage, practice,

procedure or other matter or thing not now

existing or in force.

OFFICIAL GAZETTE — GOVT. OF GOA

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1152

SCHEDUELE

(See section 2)

Year

No.

Short title

1979 (1) The Goa, Daman and Diu Appropriation

(Second Vote on Account) Act, 1979

(Central Act 25 of 1979).

1999 (2) The Goa Appropriation (Vote on Account)

Act, 1999 (Central Act 13 of 1999).

1999 (3) The Goa Appropriation Act, 1999 (Central

Act 14 of 1999).

2005 (4) The Goa Appropriation (Vote on Account)

Act, 2005 (Central Act 10 of 2005).

2005 (5) The Goa Appropriation Act, 2005 (Central

Act 11 of 2005).

Statement of Objects and Reasons

The repeal of enactments which have

ceased to be in force or have become obsolete

or the retention whereof as separate,

independent and distinct Acts is unnecessary,

then, such enactments are to be repealed. The

principal object of such repealing Acts is to

excise dead matter, prune off superfluities and

remove such redundant laws from the Statute

Book to bring in clarity.

The Appropriation Acts which are sought

to be repealed by this Bill, in reality, have lost

their meaning but are still shown on the

Statue-Books. These laws have become either

irrelevant or dysfunctional and, importantly,

have served their purpose and outlived their

utility. This Bill, therefore, seeks to repeal the

said appropriation Acts. Since the Appro-

priation Acts spend themselves after a

particular Financial Year, an appropriate

saving clause has been incorporated in the Bill

to save the past transactions.

This Bill seeks to achieve the aforesaid

objectives.

Porvorim, Goa.

MANOHAR PARRIKAR

2nd August, 2017.

Finance Minister/Chief

Minister

Assembly Hall,

NILKANTH SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

2nd August, 2017.

Assembly of Goa

LA/LEGN/2017/1419

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 3rd August, 2017 is hereby published

for general information in pursuance of

Rule – 138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

————

The Goa Protection of Interests of

Depositors (in Financial Establishments)

(Amendment) Bill, 2017

(Bill No. 15 of 2017)

BILL

to amend the Goa Protection of Interests of

Depositors (in Financial Establishments)

Act, 1999 (Goa Act 10 of 1999).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India, as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Protection of

Interests of Depositors (in Financial

Establishments) (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Protection of Interests of Depositors

(in Financial Establishments) Act, 1999 (Goa

Act 10 of 1999) (hereinafter referred to as the

“principal Act”), for clause (c), the following

clause shall be substituted, namely:—

“(c) “financial establishment” means an

individual, an association of individuals, a

firm or a company/incorporated bodies

registered under the Companies Act, 1956

(Central Act 1 of 1956) or the Companies

Act, 2013 (Central Act 18 of 2013), carrying

on the business of receiving deposits under

any scheme or arrangement or in any other

manner but does not include a corporation

or a co-operative society owned or

controlled by any State Government or the

Central Government, or a banking company

OFFICIAL GAZETTE — GOVT. OF GOA

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10TH AUGUST, 2017

1153

as defined under clause (c) of section 5 of

the Banking Regulation Act, 1949 (Central

Act 10 of 1949) or a non-banking financial

company as defined in clause (f) of section

45-I of the Reserve Bank of India Act, 1934

(Central Act 2 of 1934).”.

3. Amendment of section 4.— In section 4

of the principal Act, after sub-section (4), the

following sub-sections shall be inserted,

namely:—

“(5) The competent authority shall make

an application to any court having

jurisdiction to try similar cases or deal with

the subject matter pertaining to money

or property belonging to a financial

establishment or any person specified in

section 3 situated within the territorial

jurisdiction of that court for appropriate

orders.

(6) For the purpose of crediting and

dealing with the money realized by the

competent authority, he shall open an

account in any Scheduled commercial

bank.”.

4. Insertion of new section 4A.— After

section 4 of the principal Act, the following

section shall be inserted, namely:—

“4A. Report and return by financial

establishment.— (1) Every financial

establishment which commences or carries

on its business as such in the State of Goa

on or after the commencement of the Goa

Protection of Interests of Depositors (in

Financial Establishments) (Amendment)

Act, 2017 (hereinafter, in this section,

referred to as the “said Act”), shall make a

report to the District Collector of the district,

mentioning the details about its authority

to carry on such business, the location of

the financial establishment in the State and

its main Branch Office, if any, wherever

situated, permanent address of every

person responsible for the management of,

or conducting of, the business or affairs of

the financial establishment in the State

and such other particulars as may be

prescribed.

(2) Such report shall be made within seven

days from the date on which a financial

establishment commences or carries on its

business as such in the State:

Provided that a financial establishment

which has been carrying on its business as

such prior to the commencement of the said

Act shall make such report within seven days

from the date of such commencement.

(3) Every financial establishment shall

furnish a quarterly return within one month

of the expiry of each quarter of a financial year

to the District Collector in respect of its

business and financial position, the area of its

investment and the location of investments of

moneys made by it within and outside the

State, if any, and such other particulars as may

be prescribed.

(4) Whoever contravenes the provisions of

this section shall be liable to a penalty of one

thousand rupees per day of delay and upto a

maximum of fifty thousand rupees, to be

leviable by Competent Authority.”.

5. Substitution of section 5.— For section 5

of the principal Act, the following section shall

be substituted, namely:—

“5. Fraudulent default by financial

establishment.— Any financial establish-

ment, which fraudulently defaults any

repayment of deposit on maturity along with

any benefit in the form of interest, bonus,

profit or in any other form as promised or

fraudulently fails to render service as

assured against the deposit, every person

including the promoter, partner, director,

manager or any other person or an

employee responsible for the management

of or conducting of the business or affairs of

such financial establishment shall, on

conviction, be punished with imprisonment

for a term which may extend to ten years

and with fine which may extend to one lakh

of rupees and such financial establishment

also shall be liable for a fine which may

extend to five lakh of rupees.

Explanation.— For the purpose of this

section, a financial establishment, which

OFFICIAL GAZETTE — GOVT. OF GOA

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1154

commits default in repayment of such deposit

with such benefits in the form of interest,

bonus, profit or in any other form as promised

or fails to render any specified service

promised against such deposit, or fails to

render any specific service agreed against the

deposit with an intention of causing wrongful

gain to one person or wrongful loss to another

person or commits such default due to its

liability arising out of impracticable or

commercially not viable promises made while

accepting such deposit or arising out of

deployment of money or assets acquired out

of deposits in such a manner as it involves

inherent risk in recovering the same when

needed, shall be deemed to have committed

a default or failed to render the specific

service, fraudulently.”.

6. Amendment of section 7.— In section 7

of the principal Act,—

(i) for the existing title thereof, the

following title shall be substituted,

namely:—

“7. Powers of Special Court regarding

attachment, sale, realization and

distribution.—”;

(ii) for sub-section (1), the following

sub-section shall be substituted, namely:—

“(1) Upon receipt of an application

under section 4, the Special Court shall

issue to the financial establishment or to

any other person whose property is

attached by the Government under

section 3, notice accompanied by the

application and affidavits and of the

evidence, if any, recorded, calling upon

the said financial establishment or the

said person to show cause on a date to

be specified in the notice why the order

of attachment should not be made

absolute and the properties so attached

be sold in public auction.”;

(iii) in sub-section (4), the following

expression shall be added at the end,

namely:—

“and direct the competent authority to

sell the property so attached by public

auction and realize the sale proceeds.”;

(iv) for sub-section (6), the following

sub-section shall be substituted, namely:—

“(6) After investigation under sub-

-section (5), the Special Court shall pass

an order, within a period of one hundred

and eighty days from the date of receipt

of an application under sub-section (3) of

section 4, either by making the ad-

interim order of attachment absolute or

varying it by releasing a portion of the

property from attachment or cancelling

the ad-interim order of attachment and

then direct the competent authority to sell

the property so attached by public

auction and realize the sale proceeds:

Provided that the Special Court shall

not release from attachment any interest

which it is satisfied that the financial

establishment or the person referred to

in sub-section (1) has in the property

unless it is also satisfied that there will

remain under attachment an amount of

property of value not less than the

value that is required for repayment

to the depositors of such financial

establishment.”;

(v) after sub-section (6), the following

sub-sections shall be inserted, namely:—

“(7) The Special Court shall, on an

application by the competent authority

pass such order or issue such direction

as may be necessary for the equitable

distribution among the depositors of the

money attached or realized out of the sale.

(8) In case the money realized from the

sale of property attached is not enough

to cover the shortfall, the Special Court

may impose fine on every person,

including the promoter, partner, director,

manager or any other person or an

employee responsible for the manage-

ment of or conducting of the business of

OFFICIAL GAZETTE — GOVT. OF GOA

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1155

the affairs of such financial establishment

to cover the shortfall as may be

necessary for the purpose of repayment

to the depositors.

(9) Where an application is made by

any person duly authorized or specified

by any other State Government under

similar enactment empowering him to

exercise control over any money or

property or assets attached by that State

Government, the Special Court shall

exercise all its powers as if such an

application were made under this Act

and pass appropriate order or direction

on such application so as to give effect to

the provisions of such enactment.”.

7. Amendment of section 11.— In section

11 of the principal Act, the existing provision

thereof shall be numbered as sub-section (1)

and after sub-section (1) as so numbered, the

following sub-section shall be inserted,

namely:—

“(2) No appeal under sub-section (1), by

a person who is in any manner liable to

repay the deposit and the interest accrued

thereon to the depositors, shall be

entertained unless, the appeal is

accompanied by satisfactory proof for the

deposit with the competent authority of an

amount equivalent to seventy five percent

of the aggregate amount of deposit

liability.”.

8. Insertion of new section 13A.— After

section 13 of the principal Act, the following

section shall be inserted, namely:—

“13A. Offences to be cognizable.— All

offences under this Act shall be

cognizable.”.

9. Insertion of new section 14A.— After

section 14 of the principal Act, the following

section shall be inserted, namely:—

“14A. Protection of action taken in good

faith.— No suit or other proceedings shall

lie against the Government or the competent

authority or an officer or employee of the

Government for anything which is, in good

faith, done or intended to be done under this

Act.”.

Statement of Objects and Reasons

The Bill seeks to amend clause (c) of section

2 of the Goa Protection of Interests of

Depositors (in Financial Establishments) Act,

1999 (Goa Act 10 of 1999) (hereinafter referred

to as the “said Act”) so as to enlarge scope of

the words “financial establishment” and

include therein a company.

The Bill further seeks to insert sub-sections

(5) and (6) to section 4 of the said Act, so as to

make provision to permit competent authority

to make an application to any Court having

jurisdiction to try cases under said Act and

for opening an account in Scheduled Bank for

crediting money realized by the competent

authority under the said Act.

The Bill also seeks to insert new section 4A

in the said Act so as to make provision to file

reports and returns by financial establish-

ments to the District Collector.

The Bill also seeks to substitute section 5 of

the said Act so as to make liable the promoter,

partner, director, manager or any other person

or an employee of financial establishment

for punishment in case such financial

establishment fraudulently defaults in

payment to depositors.

The Bill also seeks to amend section 7 of the

Act so as to empower Special Court for

attachment, sale, realization of property in

respect of fraudulent financial establishments.

The Bill also seeks to amend section 11 of

the said Act so as to make liable financial

establishment to deposit seventy five percent

of the aggregate amount of deposit liability

before making an appeal.

The Bill also seeks to insert new section 13A

so as to make provision for offences under the

said Act to be cognizable.

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The Bill also seeks to insert new section 14A

so as to protect the Government or any officer

or employee of the Government from any

action taken in good faith under the said Act.

The above amendments are as per the

Model Bill received from the Reserve Bank of

India for strengthening the enforcement

mechanism and fill the gaps that exists in said

Act.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated Legislation

Clause 4 of the Bill empowers the

Government to specify the particulars which

the Financial Establishment shall report to the

District Collector, other than the particulars

specified in sub-clause (1) thereof.

The said clause 4 also empowers the

Government to frame rules to specify the

particulars which the quarterly return should

contain, other than the particulars as specified

in sub-clause (3) thereof.

These delegations are of normal character.

Secretariat,

MANOHAR PARRIKAR

Porvorim-Goa.

Chief Minister/Finance Minister

Date: 01-08-2017.

Legislative Assembly,

NILKANT SUBHEDAR

Porvorim-Goa.

Secretary (Legislature)

Date: 01-08-2017.

————

ANNEXURE

Extract of clause (c) of Section 2 of the Goa

Protection of Interests of Depositors (in Financial

Establishments) Act, 1999 (GPID Act, 1999).

Clause (c) “financial establishment” means an

individual, an association of individuals or a firm

carrying on the business of receiving deposits under

any Scheme or arrangement or in any other manner

but does not include a company registered under

the Companies Act, 1956, or a corporation or a

co-operative society owned or controlled by any

State Government or the Central Government, or a

banking company as defined under section 5 (c) of

the Banking Regulation Act, 1949 (Central Act X of

1949) or a non-banking financial company as defined

in clause (f) of section 45-I of the Reserve Bank of

India Act, 1934 (Central Act 2 of 1934).

______

Extract of Section 4 of the GPID Act, 1999.

4. Competent authority.— (1) The Government

may by notification, appoint an authority, hereinafter

called “the competent authority” to exercise control

over the properties attached by the Government

under section 3.

(2) The competent authority shall have such

other powers as may be necessary for carrying out

the purposes of this Act.

(3) Upon receipt of the orders of the Government

under section 3, the competent authority shall apply

within fifteen days to the Special Court constituted

under this Act for making the ad-interim order of

attachment absolute.

(4) An application under sub-section (3) shall be

accompanied by one or more affidavits, stating the

grounds on which the belief that the financial

establishment has committed any default or is likely

to defraud, is founded, the amount of money or value

of other property believed to have been procured by

means of the deposit, and the details, if any, of

persons in whose name such property is believed to

have been invested or purchased out of the deposits

or any other property attached under section 3.

______

Extract of Section 5 of the GPID Act, 1999.

Section 5: Default in repayment of deposits and

interests honouring the commitment.:— Notwith-

standing anything contained in Chapter II, where

any financial establishment defaults the return of

the deposit or defaults the payment of interest on

the deposit, every person responsible for the

management of the affairs of the financial

establishment shall be punished with imprisonment

for a term which may extend to ten years and with

fine which may extend to one lakh of rupees and

such financial establishment shall also be liable for

fine which may extend to one lakh of rupees.

______

Extract of Section 7 of the GPID Act, 1999.

7. Powers of Special Court regarding attachment:

— (1) Upon receipt of an application under section

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4, the Special Court shall issue to the financial

establishment or to any other person whose

property is attached by the Government under

section 3, notice accompanied by the application

and affidavits and of the evidence if any, recorded,

calling upon him to show cause on a date to be

specified in the notice why the order of attachment

should not be made absolute.

(2) The Special Court shall also issue such notice,

to all other persons represented to it as having or

being likely to claim, any interest or title in the

property of the financial establishment or the person

to whom the notice is issued calling upon such

person to· appear on the same date as that specified

in the notice and make objection; if he so desires, to

the attachment of the property or any portion thereof

on the ground that he has an interest in such

property or portion thereof.

(3) Any person claiming an interest in the property

attached or any portion thereof may, notwith-

standing that no notice has been served upon him

under this section, make an objection as aforesaid to

the Special Court at any time before an order is

passed under sub-section (4) or sub-section (6).

(4) If no cause is shown and no objections are made

on or before the specified date, the Special Court

shall forthwith pass an order making the ad-interim

order of attachment absolute.

(5) If cause is shown or any objection is made as

aforesaid, the Special Court shall proceed to

investigate the same, and in so doing as regards the

examination of the parties and in all other respects,

the Special Court shall subject to the provisions of

this Act, follow the procedure and exercise all the

powers of a Court in hearing a suit under the Code of

Civil Procedure, 1908 (Central Act V of 1908) and

any person making an objection shall be required to

adduce evidence to show that at the date of the

attachment he had some interest in the property

attached.

(6) After investigation under sub-section (5),

the Special Court shall pass an order making the

ad-interim order of attachment absolute or varying

it by releasing a portion of the property from

attachment or cancelling the ad-interim order of

attachment:

Provided that the Special Court shall not release

from attachment any interest which it is satisfied

that the financial establishment or the person

referred to in sub-section (1) has in the property

unless it is also satisfied that there will remain under

attachment an amount of property of value not less

than the value that is required for repayment to the

depositors of such financial establishment.

______

Extract of Section 11 of the GPID Act, 1999.

Section 11: Appeal.— Any person including the

competent authority, if aggrieved by an order of the

Special Court, may appeal to the High Court within

thirty days from the date of order.

______

Extract of Section 13 of the GPID Act, 1999.

13. Procedure and powers of Special Court

regarding offences.— (1) The Special Court may take

cognizance of the offence without the accused being

committed to it for trial and in trying the accused

person, shall follow the procedure prescribed in the

Code of Criminal Procedure, 1973 (Central Act 2 of

1974) for the trial of warrant cases by Magistrate.

(2) The provisions of the Code of Criminal

Procedure (Central Act 2 of 1974) shall, so far as may

be, apply to the proceedings before a Special Court

and for the purpose of the said provisions a Special

Court shall be deemed to be a Magistrate.

______

Extract of Section 14 of the GPID Act, 1999.

Section 14: Act to have overriding effect.— Save

as otherwise provided in this Act, the provisions

of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any

other law for the time being in force or any custom

or usage or any instrument having effect by virtue

of any such law.

—————

LA/LEGN/2017/1420

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 3rd August, 2017 is hereby published

for general information in pursuance of

Rule – 138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

————

The Goa Value Added Tax (Tenth

Amendment) Bill, 2017

(Bill No. 16 of 2017)

BILL

further to amend the Goa Value Added Tax

Act, 2005 (Goa Act 9 of 2005).

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Be it enacted by the Legislative Assembly

of Goa, in the Sixty-Eighth Year of Republic

of India, as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Value Added Tax

(Tenth Amendment) Act, 2017.

(2) It shall be deemed to have come into

force on the 1st day of July, 2017.

2. Amendment of section 2.— In section 2

of the Goa Value Added Tax Act, 2005 (Goa

Act 9 of 2005) (hereinafter referred to as the

“principal Act”),—

(i) clauses (a), (b), (j) and (l) shall be

omitted;

(ii) for clause (p), the following clause

shall be substituted, namely:—

“(p) “goods” means—

(i) petroleum crude;

(ii) high speed diesel;

(iii) motor spirit (commonly known

as petrol);

(iv) natural gas;

(v) aviation turbine fuel; and

(vi) alcoholic liquor for human

consumption;”.

3. Amendment of section 35.— In section

35 of the principal Act, in sub-section (4), for

the expression “sub-section (2)”, the

expression “this section” shall be substituted.

4. Amendment of section 70.— In section

70 of the principal Act, after sub-section (1),

the following sub-section shall be inserted,

namely:—

“(1A)

Notwithstanding

anything

contained in sub-section (1), every dealer

liable to pay tax, other than the one dealing

in any of the goods, namely, petroleum

crude, high speed diesel, motor spirit

(commonly known as petrol), natural gas,

aviation turbine fuel and alcoholic liquor

for human consumption, shall, if his gross

turnover

sales

for

the

period

commencing from the first day of the

respective financial year till the end of the

day immediately before commencement of

the Goa Goods and Services Tax Act, 2017

(Goa Act 4 of 2017), exceeds rupees twenty-

five lakh, or in any other case, if the amount

of input tax credit claimed by him during

the said period exceeds rupees three lakh,

get his accounts in respect of that period

audited by an accountant by such date

and in such manner as may be prescribed

and furnish the report of such audit duly

verified and signed by such accountant

setting forth such particulars and

certificates, in such form and within such

period, as may be prescribed:

Provided that except in case of oil

marketing company, the turnover of goods

listed in Schedule ‘D’ and Schedule ‘G’ shall

not be included in the gross turnover of

sales specified above.”.

5. Repeal and Saving.— (1) The Goa Value

Added Tax (Tenth Amendment) Ordinance,

2017 (Ordinance No. 4 of 2017) is hereby

repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance, shall

be deemed to have been done or taken

under the principal Act, as amended by this

Act.

Statement of Objects and Reasons

The Bill seeks to omit clauses (a), (b), (j)

and (l) of section 2 of the Goa Value Added

Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter

referred to as the “said Act”), so as to omit

certain definitions and amend clause (p) of

section 2 of the said Act in view of the

amendment carried out to the constitution of

India vide the Constitution (One Hundred and

First Amendment) Act, 2016 and implemen-

tation of the Goa Goods and Services Tax

Act, 2017 (Act 4 of 2017) from 1st July, 2017,

as this State is now empowered to levy taxes

only on sale of petroleum crude, high speed

diesel, motor spirit (commonly known as

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1159

petrol), natural gas, aviation turbine fuel and

alcoholic liquor for human consumption.

The Bill further seeks to amend sub-section

(4) of section 35 of the said Act so as to make

the appellants to deposit ten percent of the

disputed dues alongwith payment of whole

of undisputed dues, while preferring an

appeal with Appellate Authority within the

prescribed time.

The Bill also seeks to amend section 70 of

the said Act by inserting sub-section (1A)

therein, so as to make the dealers, whose

turnover for the period commencing from the

1st day of April, 2017 and ending with the

30th day of June, 2017 exceeds twenty-five

lakh rupees or as the case may be, who

claims an input tax credit of an amount

exceeding three lakh rupees for the said

period, to get their accounts audited by an

accountant and furnish the report of the audit

thereof with in prescribed period.

The Bill also seeks to replace the Goa Value

Added Tax (Tenth Amendment) Ordinance,

2017 (Ordinance No. 4 of 2017), promulgated

by the Governor of Goa on the thirtieth day

of June, 2017.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated Legislation

Clause 4 of the Bill empowers the

Government to frame rules to specify the

period within which and the manner in

which, the dealer shall get his accounts

audited from an accountant, and also the

form in which and the period within which

the audit report is to be furnished.

This delegation is of normal character.

Assembly Hall,

Shri MANOHAR PARRIKAR

Porvorim, Goa.

Hon. Chief Minister/Finance

2nd August, 2017.

Minister

Assembly Hall,

N. B. SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

2nd August, 2017.

Assembly of Goa

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Mridula Sinha, the

Governor of Goa hereby recommend to the

Legislative Assembly of Goa, the introduction

and consideration of the Goa Value Added

Tax (Tenth Amendment) Bill, 2017.

RAJ BHAVAN.

MRIDULA SINHA

Date: 1st August, 2017. Governor of Goa

————

ANNEXURE

Bill No. ____ of 2017

Extract of the Goa Value Added Tax Act, 2005

(Goa Act 9 of 2005)

2. Definition.— In this Act, unless the context

otherwise requires,—

(a) “agriculture” with all its grammatical

variations and cognate expressions, includes

horticulture, the raising of crops, grass or garden

produce, and also grazing; but does not include

dairy farming, poultry farming, stock breeding,

the mere cutting of wood or grass, gathering of

fruit, raising of man-made forests or rearing of

seedlings or plants;

Explanation.— For the purposes of this clause

and clause (d), the expression “forest” means

the forest to which the Indian Forest Act, 1927

(Central Act 16 of 1927), in its application to the

State of Goa, applies;

(b) “agriculturist” means a person who

cultivates land personally, for the purpose of

agriculture;

this Act shall come into force;

(d) “business” includes, -

(i)

any trade, commerce or manufacture;

(ii) any adventure or concern in the nature

of trade, commerce or manufacture;

(iii) any transaction in connection with, or

incidental to or ancillary to trade, commerce,

manufacture, adventure or concern;

(iv) any transaction in connection with,

or incidental to or ancillary to the

commencement or closure of such business;

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(v) any occasional transaction in the

nature of trade, commerce, manufacture,

adventure or concern whether or not there is

volume, frequency, continuity or regularity of

such transaction,

whether or not trade, commerce,

manufacture,

adventure,

concern

transaction is effected with a motive to make

gain or profit and whether or not any gain or

profit accrues from such trade, commerce,

manufacture,

adventure,

concern

transaction.

Explanation.— For the purpose of this

clause,

(i) the activity of raising of man-made

forest or rearing of seedlings or plants shall

be deemed to be business.

(ii) any transaction of sale of capital

goods pertaining to such trade, commerce,

manufacture, adventure, concern or

transaction shall be deemed to be a

transaction comprised in business.

(iii) sales of any goods, the proceeds of

which are credited to the business shall

be deemed to be transactions comprised

in business;

(e) “business premises” means any place

where a dealer or a transporter sells, transports,

books or delivers goods and includes any place

where he stores, processes, produces or

manufactures goods or keeps books of accounts;

(f) “capital goods” means plant and

machinery (including spares and components)

and equipment used in or in relation to

manufacture or processing of goods for sale or

any other goods which is notified by the

Government and used in furtherence of any

business excluding such civil structures as may

be prescribed;

(g) “casual trader” means a dealer who,

whether as principal, agent or in any other

capacity, has occasional or seasonal transaction

involving the selling, supplying or distribution

of goods or conducting any exhibition-cum-sale

in Goa whether for cash or for deferred payment,

commission, remuneration or other valuable

consideration;

(h) “Company” means a company as defined

in section 3 of the Companies Act, 1956 (Central

Act 1 of 1956) and includes a body corporate or

corporation within the meaning of clause (7) of

section (2) or Foreign Company referred to in

section 591 of that Act;

(i) “Commissioner” means the person

appointed to be the Commissioner of Commercial

Taxes/Sales Tax or Value Added Tax for the

purposes of this Act;

(j) “to cultivate personally” means to carry

on any agricultural operation on one’s own

account,—

(i) by one’s own labour, or

(ii) by the labour of one’s family, or

(iii) by servants on wages payable in cash

or kind (but not in crop share), or by hired

labour under one’s personal supervision or

the personal supervision of any member of

one’s family;

Explanation I.— A widow or a minor, or a

person who is subject to any physical or

mental disability or is a serving member of

the armed forces of the Union, shall be

deemed to cultivate land personally if it is

cultivated by her or his servants or by hired

labour.

Explanation II.— In the case of a Hindu

undivided family, land shall be deemed to be

cultivated personally, if it is cultivated by any

member of such family.

(k) “dealer” means any person who carries on

the business of buying, selling, supplying or

distributing goods, executing works contract,

delivering any goods on hire purchase or any

system of payment by instalments, transferring

the right to use any goods or supplying by

way of or as part of any service, any goods

directly or other wise whether for cash or for

deferred payment, or for commission,

remuneration or other valuable consideration

and includes;

(a) a casual trader;

(b) a commission agent, a broker or a

del-credere agent or an auctioneer or any

other mercantile agent, by whatever name

called;

non-resident dealer, or a local branch of a

firm or company or association or body of

persons whether incorporated or not, situated

outside the State;

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(d) a person who, whether in the course of

business or not,-

(i) sells goods produced by him by

manufacture, agriculture, horticulture or

otherwise; or

(ii) transfers any goods, including

controlled goods whether in pursuance

of a contract or not, for cash or for

deferred payment or for other valuable

consideration;

(iii) supplies, by way of or as part of any

service or in any other manner whatsoever,

goods, being food or any other articles for

human consumption or any drink (whether

or not intoxicating), where such supply or

service is for cash, deferred payment or

other valuable consideration;

Explanation.—

(a) an agriculturist who sells exclusively

agricultural produce grown on land

cultivated by him personally shall not be

deemed to be a dealer within the meaning

of this clause;

(b) government or departments of Union

Governments or Other State Governments

and Union Territories which whether or not

in the course of business, sells, supplies or

distributes, goods directly or otherwise, for

cash or for deferred payment or for

commission, remuneration or other valuable

consideration, shall, in relation to any

sale, supply or distribution of surplus,

unserviceable or old stores or materials or

waste products or obsolete or discarded

machinery or parts or accessories thereof,

be deemed to be a dealer for the purpose

of this Act;

bodies who dispose of any goods including

goods as unclaimed or confiscated or as

unserviceable or as scrap, surplus, old,

obsolete or discarded material or waste

products whether by auction or otherwise,

directly or through an agent for cash or for

deferred payment, or for any other valuable

consideration, shall notwithstanding

anything contained in clause (d) or any

other provision of this Act, be deemed to

be a dealer, to the extent of such disposals,

namely:—

(i) Port Trust;

(ii) Municipal Corporation/Council,

and other Local authorities;

(iii) Railway Administration as defined

under the Railway Act, 1989 (Central Act

24 of 1989);

(iv)

Shipping

Transport

and

Construction Companies;

(v) Air Transport companies and

Airlines;

(vi) Transporters, holding permit for

transport vehicles granted under the

Motor Vehicles Act, 1988 (Central Act

59 of 1988) which are used or adopted to

be used for hire;

(vii) Customs and Central Excise

Department of Government of India

administering the Customs Act, 1962

(Central Act 52 of 1962) and the Central

Excise Tariff Act, 1985 (Central Act 5 of

1986);

(viii) Insurance and Financial

Corporations or companies and Banks

included in the Second Schedule to the

Reserve Bank of India Act, 1934 (Act 2

of 1934);

(ix) Advertising agencies;

(x) Any other corporation, company,

body or authority owned or set up by, or

subject to administrative control of the

Government;

(xi) Income Tax Department of

Government of India administering the

Income Tax Act, 1961 (Central Act 43 of

1961);

(xii) Any other body as may be

notified by the Government from time to

time.

(l) “declared goods” means declared goods

as defined in the Central Sales Tax Act, 1956

(Central Act 74 of 1956);

(m) “director”, in relation to a company,

include any person occupying the position of

director by whatever name called;

(n) “document” includes written or printed

records of any sort, title deeds and data stored

electronically in whatever form;

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(o) “earlier law” means the Goa Sales Tax Act,

1964 (Act 4 of 1964) as amended from time to

time, and includes enactments which have

validated anything done or omitted to be done

under any of the above mentioned laws;

(p) “goods” means all kinds of movable

property (other than newspapers) and includes

livestock, all materials, commodities, grass or

things attached to or forming part of the earth

which are agreed to be severed before sale or

under a contract of sale, and property in goods

(whether as goods or in some other form)

involved in the execution of works contract, lease

or hire-purchase or those to be used in the fitting

out, improvement or repair of movable property

but does not include actionable claims, stocks,

shares and securities;

(q) “importer” means a person who brings

any goods into the State or to whom any

goods are despatched from any place outside

the State;

(r) “Input-tax” means tax charged under this

Act by a registered dealer to another registered

dealer on purchases of goods in the course of

business;

(s) “manufacture” includes any activity that

brings out a change in an article or articles as

a result of some process, treatment, labour and

results in transformation into a new and different

article so understood in commercial parlance

having a distinct name, character, use and

includes extracting any goods but does not

include such activity of manufacture as may be

notified;

(t) “non-resident dealer” means a dealer who

has no place of business in the State of Goa but

who sells or delivers goods in the State of Goa

for sale therein;

(u) “notification” means any notification

issued under the Act;

(v) “Output tax” in relation to any registered

dealer, means the tax charged in respect of sale

or supply of goods made by that dealer;

(w) “person” includes an individual, any

Government, any company or society or club or

association or body of individuals whether

incorporated or not, and also a Hindu undivided

family, a firm and a local authority and every

artificial juridical person not falling within any

of the preceding descriptions;

(x) “prescribed” means prescribed by the

rules made under this Act;

(y) “raw materials” means goods used as

ingredients in the manufacture of other goods

and includes processing materials, consumable

stores and material used in the packing of the

goods so manufactured;

(z) “registered dealer” means a dealer

registered under this Act;

(aa) “resale” means a sale of purchased

goods—

(i) in the same form in which they were

purchased; or

(j) without doing anything to them,

which amounts to, or results in, a

manufacture, and the word “resell” shall

be construed accordingly;

(ab) “rules” means rules made under this

Act;

(ac) “sale” with all its grammatical

variations and cognate expressions means

every transfer of the property in goods (other

than by way of a mortgage, hypothecation,

charge or pledge) by one person to another in

the course of trade or business for cash or for

deferred payment or other valuable

consideration, and includes–

(a) transfer, otherwise than in pursuance

of a contract, of property, in goods for cash,

deferred payment or other valuable

consideration;

(b) transfer of property in goods (whether

as goods or in some other form) involved in

execution of a works contract;

or any other system of payment by

instalments;

(d) transfer of the right to use any goods

for any purpose (whether or not for a

specified period), for cash, deferred

payment

any

other

valuable

consideration;

(e) a supply, by way of or as part of any

service or in any other manner whatsoever,

of goods being food or any other article for

human consumption or any drink (whether

or not intoxicating) where such supply or

service is for cash, deferred payment or

other valuable consideration;

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Explanation – A sale shall be deemed to

take place in Goa if the goods are within

Goa,—

(i) in the case of specific or ascertained

goods, at the time the contract of sale

made; and

(ii) in the case of unascertained or future

goods, at the time of their appropriation to

the contract of sale by the seller, whether

the assent of the buyer to such

appropriation is prior or subsequent to the

appropriation:

Provided that where there is a single

contract of sale in respect of goods situated

in Goa as well as in places outside Goa,

provisions of this Explanation shall apply

as if there were a separate contract of sale

in respect of the goods situated in Goa.

(ad) “sale price” means the amount of

valuable consideration received or receivable

by a dealer for the sale of any goods less any

sum allowed as cash discount, according to

the practice normally prevailing in the trade,

but inclusive of any sum charged for anything

done by the dealer in respect of the goods at

the time of or before delivery thereof, excise

duty, special excise duty or any other duty or

taxes except the tax imposed under this Act;

(ae) “Schedule” means the Schedule

appended to this Act;

(af) “State” means the State of Goa;

(ag) “Government” means the Government

of Goa;

(ah) “tax” means a tax, payable under this

Act;

(ai) “taxable goods” means goods other

than those specified in Schedule D;

(aj) “tax period” means such period as may

be prescribed as tax period;

(ak) “Tribunal” means the Tribunal

constituted under section 14 of this Act;

(al) “taxable turnover” means the turnover

on which a dealer shall be liable to pay tax

as determined after making such deductions

from his total turnover and in such manner as

may be prescribed, but shall not include the

turnover of sale in the course of interstate

trade or commerce or in the course of export

of the goods out of the territory of India or in

the course of import of the goods into the

territory of India and the value of goods

transferred or dispatched outside the State

otherwise than by way of sale;

(am) “turnover” means the aggregate

amount of sale price for which goods are sold

or supplied or distributed by a dealer, either

directly or through another, whether on own

account or on account of others, whether for

cash or for deferred payment, or other valuable

consideration;

(an) “taxable sale” means sale which is

taxable under the provisions of this Act;

(ao) “taxable person” means every person

who is registered or is liable to be registered

and liable to pay tax under this Act;

(ap) “vehicle” includes every wheeled

conveyance used for the carriage of goods

solely or in addition to passengers;

(aq) “Works contract” shall include any

agreement for carrying out for cash, deferred

payment or other valuable consideration, the

building, construction, manufacturing,

processing, fabrication, erection, installation,

fitting out improvement, modification, repair

or commissioning of any movable or

immovable property;

(ar) “year” means, the financial year;

(as) “Quarter” means the period of three

months ending on the 30th June, 30th

September, 31st December or 31st March.

35. Appeals.— (1) Any person objecting to an

order affecting him passed under the provisions of

this Act by an authority may appeal to Appellate

Authority as may be prescribed within sixty days

from the date of receipt of order by him.

(2) Where the Appellate Authority is satisfied

that the person has reasonable cause for not

preferring an appeal within the time specified in

sub-section (1), he may accept an appeal, provided

it is made within one year, from the date of receipt

of order by him.

(3) The appeal shall be in the prescribed form

and shall specify in detail the grounds upon which

it is made.

(4) In case of an appeal against an assessment

or any order raising demand against the person,

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the Appellate Authority shall consider it only if

the person has paid the tax which is not disputed

by him.

(5) The appellant shall serve a copy of the appeal

memo to the authority against whose order the

appeal is filed.

(6) After considering the appeal and after

affording an opportunity of hearing, the Appellate

Authority may allow it in whole or part and amend

the assessment or remand it for fresh disposal or

dismiss the appeal or enhance the assessment or

penalty or other amount:

Provided that before making an enhancement

the appellant shall be given an opportunity of

being heard on the proposal of enhancement.

(7) The Appellate Authority shall serve the

appellant, with an order in writing, of the appeal

decision, setting forth the reasons for the decision.

70. Accounts to be audited in certain cases.— (1)

Every dealer liable to pay tax shall, if his gross

turnover of sales exceed rupees one crore in any

year, or in any other case, if the amount of Input

Tax Credit claimed by him in any year exceeds

rupees 10 lakhs, get his accounts in respect of

such year audited by an accountant within nine

months from the end of that year and furnish within

that period the report of such audit in the

prescribed form duly signed and verified by such

accountant and setting forth such particulars and

certificates as may be prescribed.

(2) For the purposes of this section, “Accountant”

means a Chartered Accountant within the meaning

of the Chartered Accountants Act, 1949 (Central

Act 38 of 1949).

(3) If any dealer liable to get his accounts audited

under sub-section (1) fails to furnish a copy of such

report within the time as aforesaid the

Commissioner shall, after giving the dealer a

reasonable opportunity of being heard, impose on

him, in addition to any tax payable, penalty of

rupees one thousand plus rupees hundred per day

during the first thirty days of default and rupees

two hundred fifty per day thereafter, subject to a

maximum of rupees one lakh cumulatively.

(4) If any dealer liable to get his accounts audited

under sub-section (1) fails to furnish a copy of such

report within the period prescribed, the

Commissioner shall impose on him, in addition to

any tax payable, a penalty of rupees one hundred

per day for each day of delay, subject to a maximum

of rupees twenty-five thousand cumulatively.

Extract of the Goa Value Added Tax (Third

Amendment) Act, 2008 (Goa Act 12 of 2008)

5. Amendment of section 70.— In section 70 of

the principal Act, (i) for sub-section (1) the

following sub-section shall be substituted,

namely:—

“(1) Every dealer liable to pay tax shall, if his

gross turnover of sales exceeds rupees one crore

in any year, or in any other case, if the amount

of input tax credit claimed by him in any year

exceeds rupees ten lacs, get his accounts in

respect of such year audited by an accountant

by such date and in such manner as may be

prescribed and furnish within the prescribed

period the report of such audit in the prescribed

form duly verified and signed by such

accountant and setting forth such particulars

and certificates as may be prescribed.”

(ii) for sub-section (3), the following

sub-section shall be substituted, namely:—

“(3) If any dealer liable to get his

accounts audited under sub-section (1) fails

to furnish a copy of such report within the

period prescribed, the Commissioner shall,

impose on him, in addition to any tax

payable, a penalty of rupees one thousand

plus rupees one hundred per day during

the first sixty days of default and rupees

two hundred fifty per day thereafter, subject

to a maximum of rupees one lac

cumulatively.”

(iii) after sub-section (3), the following

sub-section shall be inserted, namely:—

“(4)

Notwithstanding

anything

contained in sub-section (3), the

Commissioner, upon an application from

the dealer and subject to such rules as may

be prescribed, remit the whole or any part

of the penalty imposed on such defaulting

dealer.”

Extract of the Goa Value Added Tax (Sixth

Amendment) Act, 2012 (Goa Act 16 of 2012)

6. Amendment of section 70.— In section 70 of

the principal Act,— (i) in sub-section (1), the

following proviso shall be inserted, namely:—

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“Provided that except in case of oil marketing

company, the turnover of goods listed in Schedule

‘D’ and Schedule ‘G’ shall not be included in the

gross turnover of sales specified above.”;

(ii) for sub-section (3), the following sub-

section shall be substituted, namely:—

“(3) If any dealer liable to get his accounts

audited under sub-section (1) fails to furnish

a copy of such report within the period

prescribed, the Commissioner shall impose on

him, in addition to any tax payable, a penalty

of rupees one hundred per day for each day

of delay, subject to a maximum of rupees

twenty-five thousand cumulatively.”;

(iii) the sub-section (4) shall be omitted.

Extract of the Goa Value Added Tax (Seventh

Amendment) Act, 2013 (Goa Act 12 of 2013)

15. Amendment of section 35.— In section 35 of

the principal Act, for sub-section (6), the following

sub-section shall be substituted, namely:—

“(6) After considering the appeal and after

affording an opportunity of hearing, the

Appellate Authority may allow it in whole or

part and amend the assessment or enhance the

assessment or levy tax and/or penalty and/or

other amount or remand it for fresh disposal or

dismiss the appeal:

Provided that before making a levy of tax,

penalty or other amount and/or enhancement of

assessment as the case may be, the appellant

shall be given an opportunity of being heard.”.

Extract of the Goa Value Added Tax (Ninth

Amendment) Act, 2016 (Goa Act 17 of 2016)

4. Amendment of section 35.— In section 35 of

the principal Act, for sub-section (4), the following

sub-sections shall be substituted, namely:—

“(4) No appeal under sub-section (2) shall be

entertained by the Appellate Authority, unless

such appeal is accompanied by a satisfactory

proof of the payment of whole of the undisputed

mount of tax, interest and penalty and ten

percent of the disputed amount of tax, interest

and penalty, that may be due:

(4A) The provisions of sub-section (4) shall be

applicable also to any appeal pending before

the Appellate Authority on the date of coming

into force of the Goa Value Added Tax (Ninth

Amendment) Act, 2016 and the appellant shall

make payment as aforesaid within a period of

120 days from such commencement, failing

which, such appeal shall stand abated.”.

————

LA/LEGN/2017/1421

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 3rd August, 2017 is hereby published

for general information in pursuance of

Rule – 138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

————

The Goa Excise Duty (Amendment)

Bill, 2017

(Bill No. 17 of 2017)

BILL

further to amend the Goa Excise Duty Act,

1964 (Act 5 of 1964).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India, as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Excise Duty

(Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 3.— In section 3

of the Goa Excise Duty Act, 1964 (Act 5 of

1964),—

(i)for sub-section (2), the following

sub-section

shall

substituted,

namely:—

“(2) To assist the Commissioner in the

execution of his functions under this Act,

the Government shall appoint an

Additional Commissioner of Excise or as

many Deputy or Assistant Commissioners

or other Officers as may be considered

necessary.”;

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(ii) for sub-section (7), the following

sub-section shall be substituted, namely:—

“(7) Subject to such restrictions and

conditions as may be prescribed, the

Commissioner may, by order in writing,

delegate any of his powers under this Act

to the Additional or Deputy or Assistant

Commissioner or to such other officers

and persons appointed under sub-

-sections (2) and (3).”.

Statement of Objects and Reasons

The Commissioner of Excise is functioning

as a Head of Department in the Office of the

Commissioner of Excise and performing all the

executive functions as provided under the Goa

Excise Duty Act, 1964 (Act 5 of 1964)

(hereinafter referred to as the “said Act”) and

two Assistant Commissioners of Excise have

been appointed by the Government to assist

the Commissioner of Excise in the execution

of functions of North and South Goa,

respectively. As the workload in the Excise

Department has increased manifold, one post

of Additional Commissioner of Excise has been

created in the Senior Scale of the Goa Civil

Service.

The Bill, therefore seeks to amend sub-

-sections (2) and (7) of section 3 of the said

Act so as to enable the Government to appoint

an Additional Commissioner of Excise under

the said Act and to also empower the

Commissioner of Excise to delegate any of his

powers under the said Act to the Additional

Commissioner of Excise.

This Bill seeks to achieve the above objects.

Financial Memorandum

The financial implications involved are to the

extent of salary payable to a Senior Scale

Officer of the Goa Civil Service.

Memorandum regarding delegated legislation

Clause 2 of the Bill empowers the

Government to, by order, appoint an

Additional Commissioner of Excise under the

Goa Excise Duty Act, 1964 (Act 5 of 1964) and

also empower the Commissioner of Excise to,

by order, delegate any of his powers under

the said Act to the Additional Commissioner

of Excise.

These delegations are of normal character.

Assembly Hall,

MANOHAR PARRIKAR

Porvorim, Goa. Chief Minister/Finance Minister

2nd August, 2017.

Assembly Hall,

N. B. SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

2nd August, 2017.

Assembly of Goa

______

Governor’s Recommendation under Article 207 of

the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Mridula Sinha, the

Governor of Goa, hereby recommend to the

Legislative Assembly of Goa, the introduction

and consideration of the Goa Excise Duty

(Amendment) Bill, 2017.

RAJ BHAVAN.

MRIDULA SINHA

Date: 1st August, 2017.

Governor of Goa

————

ANNEXURE

Bill No. 17 of 2017

Extract of the Goa Excise Duty Act and Rules, 1964

[Section 3. Excise Authorities and delegation of

powers.— (1) for carrying out the purposes of this

Act, the Government shall appoint an Officer to be

called the Commissioner of Excise.

(2) To assist the Commissioner in the execution of

his functions under this Act, the Government shall

appoint as many Deputy or Assistant Commissioners

or other Officers as may be considered necessary.

(3) The Commissioner may, subject to the rules

and orders regulating the conditions of service of

persons in public services and posts, appoint as many

Excise Inspectors, Sub-Inspectors of Excise and

such other executive or ministerial staff as may

be sanctioned by the Government to assist him in

the execution of the functions.

(4) The Commissioner and all other officers and

persons appointed under sub-sections (2) and (3)

shall exercise such powers as may be conferred and

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perform such duties as may be required, by or under

this Act.

(5) The Commissioner and all other Officers and

persons appointed under sub-sections (2) and (3)

shall be deemed to be public servants within the

meaning of section 21 of the Indian Penal Code.

(6) Subject to such restrictions and conditions as

may be prescribed, the Government may by order in

writing, delegate any of its powers under this Act to

the Commissioner.

(7) Subject to such restrictions and conditions as

may be prescribed, the Commissioner may, by order

in writing, delegate any of his powers under this

Act to the Deputy or Assistant Commissioner or

to such other officers and persons appointed under

sub-sections (2) and (3).]

————

LA/LEGN/2017/1422

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 3rd August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

————

The Goa Requisition and Acquisition of

Property Bill, 2017

(Bill No. 18 of 2017)

BILL

to provide for the requisition and speedy

acquisition of property for certain purposes,

not being purposes of the Union.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Requisition

and Acquisition of Property Act, 2017.

(2) It extends to the whole of the State of

Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “award” means an award made by

an arbitrator under section 7;

(b) “Collector” means the Collector of the

district where the property to be

requisitioned or acquired is situated and

includes any other officer specially

authorised by the Government by

notification to perform the functions of a

Collector under this Act;

principal District Judge of original

jurisdiction and includes the Court of any

Additional District Judge or the Court of

Civil Judge having pecuniary jurisdiction,

as may be specified by the Government by

notification, as a Court;

(d) “Government” means the Government

of Goa;

(e) “land” includes benefits to arise out

of land and things attached to earth or

permanently fastened to anything attached

to the earth;

(f) “landlord” means the owner of the

property and includes any person who for

the time being is receiving or is entitled to

receive, the rent of any property, whether

on his own account, or on account or on

behalf of for the benefit, of any other person

or as a trustee, guardian or receiver for any

other person, or who would so receive the

rent or be entitled to receive the rent if

property is let to a tenant;

(g) “notification” means a notification

published in the Official Gazette;

(h) “Official Gazette” means the Official

Gazette of the Government;

(i) “person interested” includes all

persons claiming, or entitled to claim,

compensation payable on account of the

requisitioning or acquisition of that

property under this Act;

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(j) “premises” means any building or part

of a building and includes,—

(i) the garden, grounds and outhouses,

if any, appertaining to such building or

part of a building;

(ii) any fittings affixed to such building

or part of a building for the more

beneficial enjoyment thereof;

(k) “prescribed” means prescribed by

rules made under this Act;

(l) “property” means immovable

property of every kind and includes any

right in or over such property;

(m) “public purpose” shall mean and

include the following purposes, namely:—

(a) sanitary improvements of any kind

including reclamation;

(b) laying out of village sites, townships

or the extension, planned development

or improvement of existing village sites

or townships;

law relating to such planning;

(d) the provision of land for,—

(i) maintaining supplies and services

essential to the life of the community;

(ii) providing proper facilities for

transport, communication, irrigation or

drainage;

(iii) carrying out any housing

scheme, health scheme or any

development scheme relating to

agriculture,

animal

husbandry

irrigational facilities or promotion of

tourism, sponsored by the Government

or any local authority;

(iv) creation of better living

conditions in rural or urban areas, by

clearing

slum

areas,

relieving

congestion or otherwise;

(v) for housing poor, landless or

displaced persons or persons residing

in areas affected by landslides, floods

or other similar natural calamities;

(vi) residential accommodation for

persons serving under the Govern-

ment where the provision of such

accommodation is, in the opinion of the

Government, necessary in the interest

of public service;

(vii) locating Government or other

public offices;

(viii) establishment, extension or

further development of any trade or

industry or other concern owned,

managed, controlled by the Govern-

ment;

(ix) establishment of industrial

estates

way

planned

development from public funds and

subsequent disposal thereof in whole

or in part by lease, assignment or other

mode of transfer;

(x) corporation owned, managed or

controlled by the Government or for

any municipal corporation or other local

authority or for the establishment or

development of any educational

institution;

(xi) a company, corporation or co-

operative society for such work which,

in the opinion of the Government, is

substantially useful for and beneficial

for the public;

(xii)

medical,

education

advancement of any other object of

general public utility;

(xiii) creation of any infrastructure or

development of bus stand, airport,

truck terminus.

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3. Power to requisition.— (1) Where the

Government is of the opinion that any property

is needed or likely to be needed for any public

purpose, not being a purpose of the Union, the

Government may, by order published in the

Official Gazette and two local newspapers,

requisition such property:

Provided that no property used for the

purpose of religious worship or used by an

educational or charitable institution shall be

requisitioned under this section.

(2) An order under sub-section (1) shall be

served in such manner as may be prescribed

on the owner of the property and where such

property is in occupation of an occupier, not

being the owner, also on such occupier.

(3) If any person fails to comply with an

order of requisition made under sub-section

(1), the Collector or any other person

authorized by him by Order in writing in this

behalf shall execute the order of requisition in

such manner as he considers expedient and

may,-

(a) if he is a magistrate, enforce the

delivery of possession of the property in

respect of which the order has been made,

to the Government, or

(b) if he is not a magistrate, he shall apply

to a magistrate and such magistrate shall

enforce the delivery of possession of such

property to the Government.

4. Rights over requisitioned property.— (1)

The whole of the property requisitioned shall

be used only for such purpose as may be

mentioned in the order of requisition issued

under sub-section (1) of section 3.

(2) Where any premises is requisitioned

under section 3, the Collector may order the

landlord to execute such repairs as may be

necessary and are usually made by the

landlords in that locality and as may be

specified in the order, within such reasonable

time as may be mentioned therein, and if the

landlord fails to execute any repairs in

pursuance of such order, the Collector may

cause the repairs specified in the order to be

executed at the expense of the landlord and

the cost thereof may, without prejudice to any

other mode of recovery, be deducted from the

compensation payable to the landlord.

5. Release of requisitioned property.— (1)

When the purpose for which any requisitioned

property was being used, ceases to exist, and

if such property is not acquired under section

6, the Government may by order published in

the Official Gazette release any property

requisitioned under this Act and shall, as far

as possible, restore such property in as good

condition as it was when possession thereof

was taken, subject to the changes caused by

reasonable wear and tear and irresistible force.

(2) Notwithstanding anything contained in

sub-section (1), the Government shall release

the property requisitioned under this Act,

within a period of six months from the expiry

of a period of fifteen years from the date on

which possession of such property was

surrendered or delivered or taken by, the

Government under section 3, unless such

property is acquired under section 6 within

the said period of fifteen years.

(3) Where any requisitioned property is to

be released under sub-section (1) or sub-

-section (2), the Collector may, after such

inquiry, as he may consider necessary to

make, specify by order in writing the person

to whom possession of the property shall be

given and such possession shall, as far as

practicable, be given to the person from whom

the possession was taken at the time of the

requisition or to the successors-in-interest of

such person.

(4) The delivery of the possession of the

property to the person specified in an order

under sub-section (3) shall be a full discharge

of the Government from all liabilities in respect

of the property, but shall not prejudice any

rights in respect of the property which any

other person may be entitled by due process

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of law to enforce against the person to whom

possession of the property is given.

(5) Where any person to whom the

possession of any requisitioned property is to

be given is not found and has no agent or other

person empowered to accept delivery of

possession on his behalf, the Collector shall

cause a notice declaring that the property is

released from requisition to be affixed on some

conspicuous part of the property and shall

also publish such notice in the Official Gazette

and two local newspapers.

(6) When a notice referred to in sub-

-section (5) is published, the property

specified in such notice shall cease to be

subject to requisition on and from the date of

such publication and shall be deemed to have

been delivered to the person entitled to the

possession thereof and the Government shall

not be liable for any compensation or other

claim in respect of the property for any period

after the said date.

(7) Where any property requisitioned

under this Act or any material part thereof is

wholly destroyed or rendered substantially

and permanently unfit for the purpose for

which it was requisitioned by reason of fire,

earthquake, tempest, flood or violence of any

army or of a mob or other irresistible force,

the requisition shall be void.

6. Power to acquire requisitioned property.—

(1) The Government may, if it is of the opinion

that it is necessary to acquire the property

requisitioned under this Act for a public

purpose, acquire such property by publishing

a notice to that effect in the Official Gazette

and two local newspapers, that the

Government has decided to acquire the

property in pursuance of this section, in the

following circumstances, namely:—

(a) where any works have been carried

out, during the period of requisition, in or

over, the property wholly or partially at the

expense of the Government and the

Government decides that the value of, or the

right to use, such works should be secured

or preserved for the purposes of the

Government; or

(b) where the cost of restoration of the

property to its condition as it was at the

time of its requisition would, in the opinion

of the Government, be excessive and the

owner declines to accept release from

requisition of the property without payment

of compensation for restoration of such

property:

Provided that before issuing such notice,

the Government shall call upon the person

interested to show cause why the property

should not be acquired; and after

considering the cause, if any, shown by him

and after giving him an opportunity of being

heard, the Government may pass such

order as it deems fit, which shall be

published in the Official Gazette.

Explanation:— For the purposes of clause

(a) of sub-section (1), “works” includes

buildings, structures and improvements of

every description.

(2) Where an order as aforesaid is passed,

the requisitioned property shall, on the

day on which such order is passed, vest

absolutely in the Government free from all

encumbrances and the period of requisition

of such property shall end.

(3) Notwithstanding anything contained in

this section, the Government may acquire the

land specified in sub-section (1), under the

Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and

Resttlement Act, 2013 (Central Act No. 30 of

2013).

7. Principles and method of determining

compensation.— (1) Where any property is

requisitioned or acquired under this Act, there

shall be paid compensation which shall be

determined in the manner and in accordance

with the principles hereinafter set forth,

namely:—

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(a) where the amount of compensation

can be fixed by an agreement, it shall be

paid in accordance with such agreement;

(b) where no agreement can be reached,

the Government shall, by notification

appoint as arbitrator a person who has

been or is qualified for appointment as, a

judge of a High Court;

particular case, nominate a person having

expert knowledge as to the nature of the

property requisitioned or acquired, to assist

the arbitrator and where such nomination

is made, the person interested may also

nominate an assessor for the same purpose;

(d) at the commencement of the

proceedings before the arbitrator, the

Government and the person interested shall

state what in their respective opinion is a

fair amount of compensation.

(e) the arbitrator shall, after hearing the

parties make an award determining the

amount of compensation which appears to

him to be just and specifying the person or

persons to whom such compensation shall

be paid; and in making the award, he shall

have regard to the circumstances of each

case and the provisions of sub-sections (2)

and (3), so far as they are applicable;

(f) when there is any dispute as to the

person or persons who are entitled to the

compensation, the arbitrator shall decide

such dispute and if the arbitrator finds that

more persons than one are, entitled to

compensation, he shall apportion the

amount thereof amongst such persons;

(g) nothing contained in the Arbitration

and Conciliation Act, 1996 (Central Act 26

of 1996) shall apply to the arbitration

proceedings under this section.

(2) The amount of compensation payable

for the requisitioning of any property shall,

subject to the provisions of sub-sections (3)

and (4), consist of—

(a) a recurring payment, in respect of the

period of requisition, of a sum equal to the

rent which would have been payable for the

use and occupation of the property, if it had

been taken on lease for that period; and

(b) such sum or sums, if any, as may be

found necessary to compensate the person

interested for all or any of the following

matters, namely:—

(i) pecuniary loss due to requisi-

tioning;

(ii) expenses on account of vacating the

requisitioned property;

(iii) expenses on account of re-

-occupying the property upon release

from requisition; and

(iv) damages (other than normal wear

and tear) caused to the property during

the period of requisition, including the

expenses that may have to be incurred

for restoring the property to the condition

as it was at the time of its requisition.

(3) The recurring payment, referred to in

clause (a) of sub-section (2), in respect of any

property shall, unless such property is

released from requisition under section 5 or

acquired under section 6, be revised in

accordance with the provisions of sub-section

(4) in the following manner:—

In a case where such property has been

subject to requisition under this Act for a

period of five years or more,—

(i) first, with effect from the date of expiry

of five years from the date on which

possession of such property has been

surrendered or delivered or taken under

section 3, and

(ii) secondly, with effect from the date of

expiry of five years, from the date on which

the revision made under sub-clause (i) takes

effect.

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(4) The recurring payment referred to in

clause (a) of sub-section (2) shall be revised

by re-determining such payment in the

manner and in accordance with the principles

set out in sub-section (1) read with clause (a)

of sub-section (2), as if such property is being

requisitioned under this Act on the date from

which such revision takes effect.

(5) The compensation payable for the

acquisition of any property under section 6

shall be paid,—

(a) where the amount of compensation

can be fixed by an agreement, in

accordance with the provisions specified in

the Policy on Procurement of land under

Right to Fair Compensation and Trans-

parency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 for Direct

Procurement of land to set up public

purposes projects on priority basis;

(b) where no agreement can be reached,

in accordance with the award made by the

arbitrator. The provisions of sections 26, 27,

28, 29 and 30 of the Right to Fair

Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettle-

ment Act, 2013 (Central Act No. 30 of 2013)

so far as they may be applicable, shall apply

in respect of such award.

8. Reference to Court.— (1) Any person

interested who is aggrieved by an award may,

by written application to the Arbitrator,

require that the matter be referred by

the Arbitrator for the determination of the

Court:

Provided that the Arbitrator shall, within a

period of thirty days from the date of receipt

of application, make a reference to the Court:

Provided further that where the Arbitrator

fails to make such reference within the period

so specified, the applicant may apply to the

Court, requesting it to direct the Arbitrator to

make the reference to it within a period of thirty

days.

(2) The application shall state the grounds

on which objection to the award is taken:

Provided that every such application shall

be made—

(a) if the person making it was present or

represented before the Arbitrator at the time

when he made his award, within six weeks

from the date of the Arbitrator’s award;

(b) in other cases, within six months from

the date of the Arbitrator’s award:

Provided further that the Arbitrator may

entertain an application after the expiry of the

said period, within a further period of one year,

if he is satisfied that there was sufficient cause

for not filing it within the period specified in

the first proviso.

(3) No person who has received any amount

under the award otherwise than under protest

shall be entitled to make an application under

sub-section (1).

(4) The provisions contained in the Right to

Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement

Act, 2013 (Central Act No. 30 of 2013) so far as

they may be applicable, shall apply in respect

of any reference to the Court under this

section.

9. Payment to Tenant.— Notwithstanding

anything contained in this Act or any other

law for the time being in force, if any land

which is being cultivated by a tenant is

requisitioned or acquired under this Act, the

tenant shall be paid only half of the total

compensation amount payable, if he is

cultivating the land at the time of requisition/

/acquisition.

10. Appeals from orders of requisition-

ing.— (1) Any person aggrieved by an order

of requisition made under section 3 may,

within thirty days from the date of service

of the order, prefer an appeal to the

Government:

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1173

Provided that the Government may

entertain the appeal after the expiry of the said

period, if it is satisfied that the appellant was

prevented by sufficient cause from filing the

appeal in time.

(2) On receipt of an appeal under sub-

-section (1), the Government may, after calling

a report from the Collector and giving an

opportunity to the parties of being heard and

after making such further inquiry, if any, as

may be necessary, pass such order as it thinks

fit and such order shall be final.

(3) Where an appeal is preferred under

sub-section (1), the Government may stay the

enforcement of the order referred in sub-

-section (1) for such period and on such

conditions as it thinks fit.

11. Appeal from award in respect of

compensation.— Any person aggrieved by an

award of the arbitrator made under section 7

may, within thirty days from the date of such

award, prefer an appeal to the High Court

within whose jurisdiction the requisitioned or

acquired property is situated:

Provided that the High Court may entertain

the appeal after the expiry of the said period

of thirty days, if it is satisfied that the appellant

was prevented by sufficient cause from filing

the appeal in time.

12. Power to obtain information.— The

Government or the Collector may, with a view

to carrying out the purposes of sections 3, 6

and 7, by order require any person to furnish

to such officer, as may be specified in the order,

such information in his possession as may be

specified relating to any property which is

requisitioned or acquired, or intended to be

requisitioned or acquired, under this Act.

13. Power to enter and inspect.— The

Collector or any officer authorised by him in

this behalf, by general or special order, may

enter and inspect any property for the

purposes of determining in what manner, an

order under this Act should be made in

relation to such property or with a view to

secure compliance of an order made under

this Act.

14. Service of notice and orders.— Save as

otherwise provided in this Act and any rules

that may be made under this Act, every notice

or order issued or made under this Act shall,—

(a) in the case of any notice or order of a

general nature or affecting a class of

persons, be published in the Official Gazette

and

(b) in the case of any notice or order

affecting an individual, corporation or firm

be served in the manner provided for the

service of summons in rule 2 of Order XXIX

or rule 3 of Order XXX, as the case may be,

in the First Schedule of the Code of Civil

Procedure, 1908 (5 of 1908); and

individual person (not being a corporation

or firm), be served on such person—

(i) by delivering or tendering it to that

person;

(ii) if it cannot be so delivered or

tendered, by delivering or tendering it to

any adult male member of the family of

such person, or by affixing a copy thereof

on the outer door or on some conspicuous

part of the premises in which that person

is known to have last resided or carried

on business or personally worked for

gain; and failing service by both these

means,

(iii) by post.

(d) in case, the ownership of the

property is in dispute or the persons

interested in the property are not readily

traceable and the notice or order cannot be

served without undue delay, the notice or

order may be served by publishing it in the

Official Gazette and two local newspapers

and where possible, by affixing a copy

thereof on any conspicuous part of the

property to which it relates.

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15. Easement not to be disturbed.— No

person

interested

any

property

requisitioned or acquired under this Act shall,

without the previous written consent of the

Collector except for the purpose of effecting

repairs or for complying with a requirement

of the local authority, willfully disturb any

convenience or easement attached to such

property or remove, destroy or render

unserviceable

anything

provided

for

permanent use therewith or discontinue or

cause to be discontinued any supply or service

provided for the property.

16. Penalty.— If any person contravenes the

provisions of this Act, he shall be punishable

with imprisonment for a term which may

extend to one year or with fine which may

extend to two thousand rupees or with both.

17. Jurisdiction of civil courts barred.— No

civil court (other than High Court or the

Supreme Court) shall have jurisdiction to

entertain any dispute relating to land

acquisition in respect of which the arbitrator

or the Government is empowered by or under

this Act, and no injunction shall be granted

by any Court in respect of any such matter.

18. Protection of action taken under this

Act.— No suit, prosecution or other legal

proceedings shall lie against the Government

or any officer of the Government or any other

person authorized under this Act for anything,

which is in good faith done or intended to be

done under this Act or the Rules or any order

made thereunder.

19. Power to make rules.— The Government

may, by notification in the Official Gazette,

make rules to carry out the purposes of this

Act.

20. Act to have overriding effect.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other law for the

time being in force.

21. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Government may

by order published in the Official Gazette, make

such provisions not inconsistent with the

provisions of this Act, as appear to it to be

necessary or expedient for removal of the

difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date of the commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the State Legislature.

Statement of Objects and Reasons

This Bill seeks to provide for requisition and

speedy acquisition of immovable property for

certain public purposes, not being purposes

of the Union.

The Bill seeks to achieve the above Object.

Financial Memorandum

Financial implications would arise as and

when the Government decides to requisition

and/or acquire land and the same cannot be

quantified at this stage.

Memorandum Regarding Delegated

Legislation

Clause 1(3) of the Bill empowers the

Government to issue notification for

appointing the date to bring into force the Act.

Clause 2(c) of the Bill empowers the

Government to issue notification to authorize

any officer to perform the functions of the

Collector.

Clause 2(d) of the Bill empowers the

Government to issue notification to specify the

Court for the purposes of the Act.

Clause 3(1) of the Bill empowers the

Government

issue

order

for

requisitioning any immovable property for

public purpose.

Clause 3(2) of the Bill empowers the

Government to frame rules to specify the

manner of serving an order on the owner or

occupier of the property.

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Clause 3(3) of the Bill empowers the

Collector to authorize any person by order in

writing to execute the order of requisition of

any immovable property.

Clause 5(1) and 5(2) of the Bill empowers

the Government to issue an order for releasing

an immovable property requisitioned under

the Act.

Clause 6(1) of the Bill empowers the

Government to issue an order for acquiring

an immovable property which is requisitioned

under the Act.

Clause 7(1)(b) of the Bill empowers the

Government to appoint an Arbitrator for

determining the amount of compensation

payable to the interested person and also to

apportion such amount if he finds that more

than one person are entitled to such amount.

Clause 13 of the Bill empowers the Collector

to issue an order for authorizing any officer to

enter and inspect any property.

Clause 19 of the Bill empowers the

Government to make rules to carry out the

purposes of the Act.

Clause 21 of the Bill empowers the

Government to issue an order for the removal

of any doubt or difficulty which arises in

giving effect to the provisions of the Act.

These delegations are of normal character.

Porvorim-Goa.

ROHAN KHAUNTE

1st August, 2017.

Minister for Revenue

Assembly Hall,

Shri NILKANT SUBHEDAR

Porvorim-Goa.

Secretary to the Legislative

1st August, 2017.

Assembly of Goa

Governor’s Recommendation under Article 207 of the

Constitution of India

In pursuance of Article 207 of the Constitution of

India, I, Mridula Sinha, the Governor of Goa, hereby

recommend to the Legislative Assembly of Goa, the

introduction and consideration of the Goa

Requisition and Acquisition of Property Bill, 2017.

RAJ BHAVAN.

MRIDULA SINHA

Date: 1-8-2017.

Governor of Goa

LA/LEGN/2017/1430

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 4th August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

————

The Goa Information Technology

Development (Amendment)

Bill, 2017

(Bill No. 20 of 2017)

BILL

further to amend the Goa Information

Technology Development Act, 2007 (Goa

Act 10 of 2007).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Information

Technology Development (Amendment) Act,

2017.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Information Technology Develop-

ment Act, 2007 (Goa Act 10 of 2007)

(hereinafter referred to as the “principal

Act”),

(i) in clause (g), for the expression

“Integrated Information Technology

Township/Information Technology Parks”,

the expression “Integrated Information

Technology

Township/Information

Technology Parks, Information Technology

(IT) Companies, Information Technology

Enabled Services (ITES), Startup, Electronic

Manufacturing Cluster (EMC), Industry 4.0”

shall be substituted;

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(ii) after clause (g), the following clauses

shall be inserted, namely:—

(ga) “Information Technology (IT)

Companies”

includes

Information

Technology Software, Information

Technology Services;

(gb) “Information Technology Enabled

Services (ITES)” includes Call Centres,

Medical Transcriptions, Back Office

Operations/Business Process Outsourc-

ing (BPO)/Knowledge Process Out-

sourcing (KPO), Website services and

Development, AVGC (Animation, Visual

Effects, Gaming and Comics), Information

Technology System Audit Services, Legal

Database Processing, Bioinformatics,

Information

Technology

enabled

banking, non-banking services including

insurance, pension asset management

and market related services, Information

Technology

solution

provider/

/Implementers (including server data

banks, application service provider,

internet/web based e-commerce service

providers and system integrators)/Visual

Effects/Digital Entertainment and

Information Technology Engineering

Services Companies;

(gc) “Startup” means an entity, in-

-corporated or registered in Goa;

(i) not prior to seven years, and in

case of Biotechnology Startups, not

prior to ten years;

(ii) with annual turnover not

exceeding Indian Rupee (INR) 25

crores in the preceding financial year;

and

(iii) working towards innovation,

development or improvement of

products or processes or services, with

a high potential of employment

generation or wealth creation; and

(iv) not formed by splitting up, or

reconstruction, of a business already

in existence;

(gd)

“Electronic

Manufacturing

Cluster (EMC)” means either a Greenfield

EMC or a Brownfield EMC notified under

the guidelines for notifying Brownfield

Clusters under M-SIPS Scheme dated

14.01.2013 [F. No. 36(3)/2012-IPHW] or a

Greenfield EMC as notified under clause

6.8(iii) of the guidelines No. 8(50)/2011-

-IPHW dated 15th April, 2013;

(ge) “Industry 4.0” means current

trend of automation and data exchange

in manufacturing technologies including

cyber-physical systems, the Internet of

things and cloud computing;

3. Amendment of section 14.— In section 14

of the principal Act,

(i)in clause (b), after the expression

“Integrated IT Township/IT Parks”, and

before the expression “and construct and

maintain”, expression “and for Information

Technology (IT) Companies, Information

Technology Enabled Services (ITES),

Startup, Electronic Manufacturing Cluster

(EMC) and Industry 4.0” shall be inserted;

(ii) in clause (e) (i) after the expression

“Integrated IT Township/IT Parks”, and

before the expression “established or

developed by the Corporation”, expression

“and for Information Technology (IT)

Companies, Information Technology

Enabled Services (ITES), Startup, Electronic

Manufacturing Cluster (EMC) and Industry

4.0” shall be inserted.

______

Statement of Objects and Reasons

The Bill seeks to amend the section 2 of the

Goa Information Technology Development Act,

2007 (Goa Act 10 of 2007) (hereinafter referred

to as the “said Act”) so as to define certain

terms in the said Act. The Bill also seeks to

amend section 14 of the said Act so as to enable

to implement the Information Technology

Investment policy with the changing

dynamics of the Information Technology and

to remove the difficulties in implementation of

the said Act. This Bill seeks to achieve the

above objects.

Financial Memorandum

There are financial implications for

establishment of Infrastructure for Information

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1177

Technology in the State, but the same cannot

be quantified at this stage.

Memorandum regarding delegated legislation

No delegated legislation is involved in this

Bill.

Porvorim-Goa.

ROHAN A. KHAUNTE

3rd August, 2017.

Minister for

Information Technology

Assembly Hall,

N. B. SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

3rd August, 2017.

Assembly of Goa

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the Constitution of

India, I, Mridula Sinha, the Governor of Goa, hereby

recommend to the Legislative Assembly of Goa,

the Goa Information Technology Development

(Amendment) Bill, 2017.

RAJ BHAVAN.

MRIDULA SINHA

Date: 3rd August, 2017.

Governor of Goa

—————

ANNEXURE

(Bill No. 20 of 2017)

Extract of the Goa Information Technology

Development Act, 2007

(Act 10 of 2007)

2. Definitions.— In this Act, unless the context

otherwise requires,—

(a) “amenity” includes road, supply of water or

electricity, street lighting, drainage, sewage,

conservancy and such other connivance as the

Government may, by notification in the Official

Gazette, specify to be an amenity for the purposes of

this Act;

(b) “building” means any structure or erection,

or a part of a structure or erection, which is intended

to be used for residential, industrial, commercial or

other purposes, whether in actual use or not;

and includes any Officer specially appointed by the

Government to perform the functions of a Collector

under this Act;

(d) “Corporation” means the Goa Information

Technology Development Corporation established

under section 3;

(e) “development” with its grammatical

variations, means the carrying out of building,

engineering, quarrying or other operations, in, on,

over or under land, or the making of any material

change on any building or land, and includes re-

development, but does not include mining

operations and “to develop” shall be construed

accordingly;

(f) “engineering operation” include the

formation or laying out of means of access to a

road or the laying out of means of water supply;

(g) “Integrated IT Township/IT Parks” means any

site selected by the Government where the

Corporation shall develop plots, build factories other

buildings and make them available for Integrated

Information Technology Township/Information

Technology Parks;

(h) “means of access” includes a road, wharf or

any means of access, whether private or public, for

vehicles or boats or for foot passengers;

(i) “premises” means any land or building or part

of a building and includes—

(i) the garden, grounds and out-houses, if any,

appertaining to such building or part of a

building; and

(ii) any fittings affixed to such building or part

of a building for the more beneficial enjoyment

thereof;

(j) “prescribed” means prescribed by rules made

under this Act;

(k) the expression “land” and the expression

“person interested” shall have the meanings

respectively assigned to them in section 3 of the

Land Acquisition Act, 1894 (1 of 1894);

(l) “Government” means the Government of Goa.

14. General powers of the Corporation.—

Subject to the provisions of this Act, the Corporation

shall have power,—

(a) to acquire and hold such property, both

movable and immovable, as the Corporation may

deem necessary for the performance of any of its

activities, and to lease, sell, exchange or otherwise

transfer any property held by it on such conditions

as may be deemed proper by the Corporation;

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(b) to provide or cause to be provided amenities

and common facilities in Integrated IT Township/IT

Parks and construct and maintain or cause to be

constructed and maintained works and buildings

therefor;

to industrialists or persons intending to start

Information Technology industries;

(d) to construct buildings for the housing of the

employees;

(e) (i) to allot buildings or parts of buildings,

including residential tenements to suitable persons

in the Integrated IT Township/IT Parks established

or developed by the Corporation;

(ii) to modify or rescind such allotments, including

the right and power to evict the allottees concerned

on breach of any of the terms or conditions of their

allotment;

(f) to constitute advisory committee to advise

the Corporation;

(g) to engage suitable consultants or persons

having special knowledge or skill to assist the

Corporation in the performance of its functions;

(h) subject to the previous permission of the

Government, to delegate any of its powers generally

or specially to any of its committees or officers, and

to permit them to re-delegate specific powers to

their subordinates;

(i) to enter into and perform all such contracts

as it may consider necessary or expedient for

carrying out any of its functions; and

(j) to do such other things and perform such

acts as it may think necessary or expedient for the

proper conduct of its functions and the carrying

into effect the purposes of this Act.

————

LA/LEGN/2017/1431

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 4th August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

The Goa Preservation of Trees

(Amendment) Bill, 2017

(Bill No. 21 of 2017)

BILL

further to amend the Goa, Daman and Diu

Preservation of Trees Act, 1984 (Act No. 6

of 1984).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Preservation of

Trees (Amendment) Act, 2017.

(2) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Amendment of section 2.— In section 2

of the Goa, Daman and Diu Preservation of

Trees Act, 1984 (Act No. 6 of 1984) (hereinafter

referred to as the “principal Act”),—

(i) the existing clause (a) shall be

re-numbered as clause (aa) and before

clause (aa) as so re-numbered, the following

clause shall be inserted, namely:—

“(a) “Agriculture Officer” means an

officer of the Directorate of Agriculture

not below the rank of the Zonal

Agriculture officer as may be authorized

by the Government for the purposes of

this Act, by a notification in the Official

Gazette;”;

(ii) after clause (b), the following clause

shall be inserted, namely:—

(bb) “commercial plantation” means

the plantation of trees grown for

commercial purposes on private non-

-forest land”.

(iii) in clause (j), the words “and includes

coconut palm” shall be inserted at the end.

3. Insertion of new section, 7A.— After

section 7 of the principal Act, the following

section shall be inserted namely:—

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“7A. Declaration of State tree.— The

Government may, having regard to

ecological, socio-economic, cultural or

heritage value, declare a tree to be a State

tree”.

4. Insertion of new section 8A.— After

section 8 of the principal Act, the following

section shall be inserted, namely:—

“8A. Removal of coconut palms.— Any

person desirous of removing old, unyielding

coconut palms to replace the same with new

ones, or removal of coconut palms which

are likely to cause damage to life or property,

may apply to Agriculture officer, having

jurisdiction of the area, who shall deal with

the same as prescribed”.

5. Insertion of new section 32A.— After

section 32 of the principal Act, the following

section shall be inserted, namely:—

“32A. Powers of Government in respect

Commercial

Plantation.—

The

Government may, by notification in the

Official Gazette, specify the terms and

conditions for carrying out commercial

plantation in the State of Goa and exempt

such area from the provisions of this Act”.

Statement of Objects and Reasons

The Bill seeks to amend section 2 of the Goa,

Daman and Diu Preservation of Trees Act, 1984

(Act No. 6 of 1984) (hereinafter referred to as

the “said Act”), so as to define the term

“Agricultural Officer” and the “Commercial

Plantation” in the said Act.

The Bill further seeks to insert a new section

7A in the said Act, so as to empower the

Government to declare a tree to be a State Tree.

The Bill also seeks to insert a new section

8A in the said Act, so as to make a provision

to replace the old, unyielding coconut palms

with new ones and for removing the coconut

palms which are likely to cause danger to life

or property.

The Bill also seeks to insert a new section

32A in the said Act, so as to empower the

Government to specify the terms and

conditions for carrying out commercial

plantation and also to exempt such area from

the provisions of the said Act.

This Bill seeks to achieve the above

objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum regarding delegated legislation

Clause 1(2) of the Bill empowers the

Government to appoint a date, by notification

in the Official Gazette, for bringing into force

the Act.

Clause 2 of the Bill empowers the

Government to authorize an Agricultural

Officer, by notification in the Official Gazette

for the purposes of the Act.

Clause 4 of the Bill empowers the

Government to frame rules specifying the

manner in which the Agriculture Officer shall

deal with an application regarding removal of

coconut palm.

Clause 5 of the Bill empowers the

Government to issue notification specifying

the terms and conditions for carrying out

commercial plantation.

These delegations are of moral character.

Porvorim-Goa.

Shri MANOHAR PARRIKAR

3rd August, 2017.

Hon’ble Chief Minister/

/Forest Minister

Assembly Hall,

Shri NILKANT B. SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

3rd August, 2017.

Assembly of Goa

ANNEXURE

Extract of the Goa, Daman and Diu

Preservation of Trees Act, 1984 (Act No. 6

of 1984) Sought to be Amended

[ 1-A Definitions.— In this Act, unless the context

otherwise requires,—

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(a) “Appellate Authority” means an authority

appointed by the Government as appellate

authority under this Act;

(b) “blank area” means any piece of land (not

being under cultivation) measuring one – half of

an hectare or more, which has five or less number

of trees growing on it per every half hectares;

Conservator of Forests, Goa, Daman and Diu;

(d) “Deputy Conservator of Forests” means a

Forest Officer in-charge of a Forest Division and

exercising jurisdiction over the area;

(e) “Government” means the Government of

Goa, Daman and Diu;

(f) “forest produce” includes—

(a) the following whether found in, or

brought from, a forest or not, that is to say—

timber, charcoal, caoutchouc, catechu

wood-oil; resin, natural varnish, bark, lac,

mahua flowers, mahua seeds, kuth and

myrabolams, and

(b) the following when found in, or brought

from, a forest, that is to say—

(i) trees and leaves, flowers and fruits, and

all other parts or produce not herein before

mentioned, of trees,

(ii) plants not being trees (including

grass, creepers, reeds and moss), and all

parts or produce of such plants,

(iii) wild animals and skins, tusks, horns,

bones, silk, cocoons, honey and wax, and all

other parts of produce of animals, and

(iv) peat, surface soil, rock and minerals

(including limestone, laterite, mineral oils,

and oil products of mines or quarries);

(g) “notification” means a notification

published in the Official Gazette;

(h) “rural area” means an area as specified in

Schedules I and II;

(i) “to fell a tree” with its cognate expression,

means severing the trunk from the roots,

uprooting the tree and includes bull-dozing,

cutting, girdling, lopping, pollarding, applying

arboricides, burning or damaging a tree in any

other manner;

(j) “tree” means any woody plant whose

branches spring from and are supported upon a

trunk or body and whose trunk or body is not less

than five centimeters in diameter at a height of

thirty centimeters from the ground level and

is not less than one metre in height from the

ground level;

(k)“tree officer” means a Forest Officer

appointed as such by the Conservator of Forests

for the purposes of this Act;

Porvorim–Goa.

N. B. SUBHEDAR

3rd August, 2017.

Secretary to the Legislative

Assembly of Goa

————

LA/LEGN/2017/1432

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 4th August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

————

The Goa Highways (Amendment)

Bill, 2017

(Bill No. 22 of 2017)

BILL

further to amend the Goa, Daman and Diu

Highways Act, 1974 (Act No. 10 of 1974).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Highways

(Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 3.— In section 3

of the Goa, Daman and Diu Highways Act,

1974 (Act No. 10 of 1974),

(i) (a) in clause (iv), after the expression

“Village Road”, the expression “or a Urban

Road”, shall be inserted;

(ii) the following proviso shall be inserted,

namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1181

Provided that no road within the limits of

the City of Panaji Corporation or a Municipal

Council upto the distance terminating to

National Highway shall be declared as State

Highway.

Statement of Objects and Reasons

The Bill seeks to amend Section 3 (i) and

(iv) of the Goa, Daman and Diu Highways Act,

1974 (Act No. 10 of 1974) so as to empower

the Government to declare State Highways

lying within the limits of the City of Panaji

Corporation and the Municipal Councils upto

the distance terminating to National Highway,

as Urban road.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in this

bill.

Memorandum Regarding Delegated Legislations

Clause 2 of the Bill empowers the

Government to issue notification for declaring

urban roads.

This delegation is of normal character.

Porvorim-Goa.

R. M. DHAVLIKAR

Dated: 04-08-2017.

Hon’ble PWD Minister

Assembly Hall,

NILKHANT B. SUBHEDAR

Porvorim-Goa

Secretary to the Legislative

Dated: 04-08-2017

Assembly of Goa

—————

ANNEXURE

(Bill No. 22 of 2017)

Extract of Section 3 of the Goa, Daman and Diu

Highways Act, 1974 (Act 10 of 1974)

Declaration of Highways, Highway Authorities

and their Powers and Functions.

3. Declaration of roads, ways or lands as

highways.— The Government may, by notification

in the Official Gazette, declare any road, way or

land to be a highway and classify it as:—

(i)

a State Highway

(ii)

a major district road

(iii)

other district road or

(iv)

a Village road

LA/LEGN/2017/1440

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 7th August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

————

The Goa Appropriation (No. 2) Bill, 2017

(Bill No. 7 of 2017)

BILL

to authorise payment and appropriation of

certain sums from and out of the Consoli-

dated Fund of the State of Goa for the

services and purposes of the financial year

2017-18.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the

Republic of India, as follows:—

1. Short title.— This Act may be called

the Goa Appropriation (No. 2) Act, 2017.

2. Issue of Rs. 16027,01,06,000/-, out of

the Consolidated Fund of the State of Goa

for the financial year 2017-18.— From and

out of the Consolidated Fund of the State

of Goa, there may be paid and applied

sums not exceeding those specified in

column (5) of the Schedule to this Act

amounting in the aggregate to the sums

of Sixteen thousand twenty seven crore

one lakh six thousand rupees towards

defraying the several charges which will

arise for payment during the financial year

2017-18 in respect of the services and for

purposes specified in column (2) of the

said Schedule.

3. Appropriation.— The sums authorised

to be paid and applied from and out of the

Consolidated Fund of the State of Goa under

this Act, shall be appropriated for the

services and purposes expressed in the

Schedule to this Act in relation to the said

financial year.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1182

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Services and purposes

Assembly

Consolidated Fund

of the State of Goa

Legislature Secretariat

2485.03

162.56

2647.59

Raj Bhavan (Charged)

—

877.31

General Administration and

10744.16

—

10744.16

Co-ordination

District and Sessions Court,

2353.61

—

2353.61

North Goa

District and Sessions Court,

1863.35

—

1863.35

South Goa

Prosecution

690.26

—

690.26

Election Office

2448.74

—

2448.74

Settlement and Land Records

1480.08

—

1480.08

Treasury and Accounts

105232.61

—

105232.61

Administration, North Goa

Treasury and Accounts

438.89

—

438.89

Administration, South Goa

Debt Services (Charged)

—

218324.90

Notary Services

1010.70

—

1010.70

Excise

1805.08

—

1805.08

Commercial Taxes

5658.51

—

5658.51

Transport

27308.90

—

27308.90

Goa Public Service Commission

—

476.77

(Charged)

Goa Sadan

444.64

—

444.64

Collectorate, North Goa

2806.32

—

2806.32

Collectorate, South Goa

2316.48

—

2316.48

Police

43597.95

—

43597.95

Jails

3630.06

—

3630.06

Industries Trade and Commerce

5102.48

—

5102.48

Printing and Stationery

1207.64

—

1207.64

Public Works

198282.59

—

198282.59

Vigilance

600.55

—

600.55

Home

1068.31

—

1068.31

Home Guards and Civil Defence

2124.39

—

2124.39

Fire and Emergency Services

5514.29

—

5514.29

Official Language

1018.55

—

1018.55

Administrative Tribunal

177.21

—

177.21

Public Grievances

137.47

—

137.47

Small Savings and Lotteries

2102.03

—

2102.03

Panchayats

19220.29

—

19220.29

Finance

81535.88

—

81535.88

Revenue

7625.18

—

7625.18

School Education

122347.73

—

122347.73

Higher Education

25531.12

—

25531.12

Technical Education

3394.51

—

3394.51

Government Polytechnic, Panaji

2509.68

—

2509.68

Government Polytechinc, Bicholim

1158.83

—

1158.83

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1183

Government Polytechnic,

1061.27

—

1061.27

Curchorem

Goa College of Engineering

5602.75

—

5602.75

Goa Architecture College

746.63

—

746.63

Sports and Youth Affairs

20641.88

—

20641.88

Art and Culture

10820.55

—

10820.55

Goa College of Art

687.04

—

687.04

Archives and Archaeology

1764.44

—

1764.44

Museum

1255.37

—

1255.37

Goa Medical College

34350.71

—

34350.71

Health Services

51309.18

—

51309.18

Institute of Psychiatry

3241.17

—

3241.17

and Human Behaviour

Goa College of Pharmacy

1299.73

—

1299.73

Goa Dental College

4510.97

—

4510.97

Labour

4349.67

—

4349.67

Food and Drugs Administration

1077.70

—

1077.70

Town and Country Planning

2545.15

—

2545.15

Municipal Administration

35194.05

—

35194.05

Information and Publicity

4994.05

—

4994.05

Social Welfare

31227.89

—

31227.89

Women and Child Development

47558.79

—

47558.79

Factories and Boilers

579.36

—

579.36

Employment

473.77

—

473.77

Craftsmen Training

6322.80

—

6322.80

Law

10315.20

—

10315.20

Rajya Sainik Board

387.62

—

387.62

Agriculture

17218.79

—

17218.79

Animal Husbandry and

11593.90

—

11593.90

Veterinary Services

Fisheries

6847.84

—

6847.84

Ports Administration

3586.20

—

3586.20

Forests

6812.60

—

6812.60

Handicraft, Textile and Coir

1536.26

—

1536.26

Civil Supplies

11138.07

—

11138.07

Co-operation

4581.72

—

4581.72

Science, Technology and

12944.06

—

12944.06

Environment

State Election Commission

903.53

—

903.53

Water Resources

33560.01

—

33560.01

Planning, Statistics and

1738.75

—

1738.75

Evaluation

Electricity

214480.11

—

214480.11

River Navigation

3903.52

—

3903.52

Tourism

20023.55

—

20023.55

Goa Gazetteer

44.71

—

44.71

Legal Metrology

404.40

—

404.40

Department of Tribal Welfare

19098.15

—

19098.15

Information Technology

16906.35

—

16906.35

Mines

5538.27

—

5538.27

Civil Aviation

10706.89

—

10706.89

TOTAL

1382859.52

219841.54 1602701.06

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1184

Statement of Objects and Reasons

The Budget for the year 2017-18 was

presented to the Legislative Assembly on the

24th March, 2017. The Demands for grants

have since been discussed and voted by the

Assembly. The Appropriation Bill is, there-

fore, introduced in accordance with the

provisions of Article 204 of the Constitution

of India to provide for appropriation out of

the Consolidated Fund of the State of Goa

of the moneys required for the services

during the financial year 2017-18.

Porvorim, Goa. Shri. MANOHAR PARRIKAR

7th August, 2017. Finance Minister/

/Chief Minister

Assembly Hall, N. B. SUBHEDAR

Porvorim, Goa. Secretary to the

7th August, 2017. Legislative Assembly of Goa.

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Mridula Sinha,

Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Appropriation (No. 2) Bill, 2017, by the

Legislative Assembly of Goa.

—————

LA/LEGN/2017/1441

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 7th August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

The Goa Appropriation (No. 3) Bill, 2017

(Bill No. 8 of 2017)

BILL

to authorise payment and appropriation of

certain further sums from and out of the

Consolidated Fund of the State of Goa for

the services and purposes of the financial

year 2017-18.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Re-

public of India, as follows:—

1. Short title.— This Act may be called the

Goa Appropriation (No. 3) Act, 2017.

2. Issue of Rs. 990,60,23,000/-, out of the

Consolidated Fund of the State of Goa for

the financial year 2017-18.— From and out

of the Consolidated Fund of the State of Goa,

there may be paid and applied sums not

exceeding those specified in column (5) of

the Schedule hereto amounting in the aggre-

gate to the sums of nine hundred ninety

crore sixty lakhs twenty three thousand

rupees towards defraying the several

charges which will come in the course of

payment during the financial year 2017-18

in respect of the services and for purposes

specified in column (2) of the said Schedule.

3. Appropriation.— The sums authorised

to be paid and applied from and out of the

Consolidated Fund of the State of Goa under

this Act, shall be appropriated for the services

and purposes expressed in the said Schedule

to this Act in relation to the said financial

year.

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Services and purposes

Assembly Consolidated Fund

of the State of Goa

Legislature Secretariat

220.00

—

220.00

Raj Bhavan (Charged)

—

6.72

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1185

General Administration and

850.00

—

850.00

Co-ordination

District and Sessions Court,

200.00

—

200.00

North Goa

Prosecution

300.00

—

300.00

Notary Services

55.00

—

55.00

Commercial Taxes

100.00

—

100.00

Transport

1800.00

—

1800.00

Goa Public Service Commission

100.00

—

100.00

(Charged)

Collectorate, North Goa

125.00

—

125.00

Collectorate, South Goa

536.00

—

536.00

Police

3500.00

—

3500.00

Industries Trade and Commerce

700.00

—

700.00

Printing and Stationery

50.00

—

50.00

Public Works

27923.00

72.00

27995.00

Vigilance

100.00

—

100.00

Home

10.00

—

10.00

Home Guards and Civil Defence

500.00

—

500.00

Fire and Emergency Services

800.00

—

800.00

Official Language

57.00

—

57.00

Panchayats

3652.61

—

3652.61

Finance

1000.00

—

1000.00

Revenue

2.00

1.38

3.38

School Education

6811.00

—

6811.00

Higher Education

3873.00

18.06

3891.06

Government Polytechinc, Bicholim

5.00

—

5.00

Government Polytechnic,

82.00

—

82.00

Curchorem

Goa Architecture College

15.00

—

15.00

Sports and Youth Affairs

2626.00

—

2626.00

Goa College of Art

40.00

—

40.00

Archives and Archaeology

887.12

—

887.12

Health Services

5636.00

—

5636.00

Goa Dental College

150.00

—

150.00

Labour

100.00

—

100.00

Town and Country Planning

1700.00

—

1700.00

Municipal Administration

11500.00

—

11500.00

Information and Publicity

1250.00

—

1250.00

Factories and Boilers

15.00

—

15.00

Craftsmen Training

1305.59

—

1305.59

Law

304.00

—

304.00

Rajya Sainik Board

34.00

—

34.00

Agriculture

450.00

—

450.00

Animal Husbandry and

300.00

—

300.00

Veterinary Services

Fisheries

200.00

—

200.00

Forests

564.75

—

564.75

Water Resources

5020.00

—

5020.00

Electricity

5484.00

—

5484.00

River Navigation

289.00

—

289.00

Tourism

5360.00

—

5360.00

Information Technology

2080.00

—

2080.00

Civil Aviation

300.00

—

300.00

TOTAL

98962.07

98.16

99060.23

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1186

Statement of Objects and Reasons

The Supplementary Demands for Grants

for the year 2017-18 (First Batch) was

presented to the Legislative Assembly. This

Bill is introduced in pursuance of Article 204

read with Article 205 of the Constitution of

India to provide for appropriation of certain

further sums from and out of the Consolidated

Fund of the State of Goa, to meet

the expenditure on certain services, granted

by the Legislative Assembly for those

services, during the Financial year 2017-18.

Porvorim, Goa. Shri MANOHAR PARRIKAR

7th August, 2017. Finance Minister/

/Chief Minister

Assembly Hall, N. B. SUBHEDAR

Porvorim, Goa. Secretary to the

7th August, 2017. Legislative Assembly of Goa.

_________

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Mridula Sinha,

Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Appropriation (No. 3) Bill, 2017, by the

Legislative Assembly of Goa.

—————

LA/LEGN/2017/1442

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 7th August, 2017 is hereby published for

general information in pursuance of Rule – 138

of the Rules of Procedure and Conduct of

Business of the Goa Legislative Assembly.

————

The Goa Town and Country Planning

(Amendment) Bill, 2017

(Bill No. 23 of 2017)

BILL

further to amend the Goa, Daman and Diu

Town and Country Planning Act, 1974 (Act

21 of 1975).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India, as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Town and Country

Planning (Amendment) Act, 2017.

(2) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Amendment of section 3.— For section 3

of the Goa, Daman and Diu Town and Country

Planning Act, 1974 (Act 21 of 1975) (hereinafter

referred to as the “principal Act”), the

following section shall be substituted,

namely:—

“3.

Appointment of Chief Town

Planners.— (1) The Government shall, by

notification, appoint Chief Town Planner

(Administration), Chief Town Planner (Land

Use) and Chief Town Planner (Planning), all

possessing qualifications in Town and

Country Planning as prescribed, for the

purposes of this Act.

(2) The Government may by an order

transfer, change, substitute or appoint any

of Chief Town Planners of any of the three

posts in the preceding sub-section (1)”.

3. Amendment of section 4.— In section 4

of the principal Act, in sub-section (2), for

clause (m), the following shall be substituted,

namely:—

“(m) the Chief Town Planner (Planning)”

Member Secretary”.

4. Amendment of sections 9, 10, 12 to 15,

17, 17C, 20, 33, 82 and 110.— In section 9, 10,

12 to 15, 17, 17C, 20, 33, 82 and 110, for the

expression “Chief Town Planner”, the

expression “Chief Town Planner (Planning)”

shall be substituted.

5. Amendment of section 17A, 28 and 44.—

In section 17A, 28 and 44 of the principal

Act, for the expression “Chief Town Planner”

wherever it occurs, the expression “Chief

Town Planner (Land Use)” shall be

substituted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1187

6. Amendment of sections 71, 79, 81, 103

and 106.— In sections 71, 79, 81, 103 and 106

of the principal Act, for the expression “Chief

Town Planner” wherever it occurs, the

expression “Chief Town Planner (Admini-

stration)” shall be substituted.

7. Amendment of section 140.— In section

140 of the principal Act, for the expression

“Chief Town Planner”, the expression “Chief

Town Planner (Administration), Chief Town

Planner (Land Use) and Chief Town Planner

(Planning) shall be substituted.

8. In sub-section (2) of section 131 add the

word “respective” after the word “The” and

before the word “Chief Town Planner”.

______

Statement of Objects and Reasons

Town and Country Planning Act was

enacted in the year 1974. In the last 43 years,

the State has witnessed multiple increase in

infrastructural projects, in multiple increase

in development, land use on account of various

factors like increase in tourism, improved

standard of living and nuclear families etc. In

view of this, the work load on the Town and

Country Planning Department has increased

multiple fold, therefore it is desirable

that a special dedicated Chief Town Planner

is available for Planning, Land Use and

Administration respectively, so that the

Department is able to cope up with the

increased load of work which is likely to

further increase in coming years.

The Bill therefore seeks to amend section 3

of the Goa, Daman and Diu Town and Country

Planning Act, 1974 (Act 21 of 1975) so as to

make provision for appointment of Chief Town

Planner (Administration), Chief Town Planner

(Land Use) and the Chief Town Planner

(Planning) for handling the work of land use,

planning and administration independently.

Amendments to other sections are

consequential in nature.

This Bill seeks to achieve the above

Objects.

Financial Memorandum

On account of creation of two additional

posts of Chief Town Planners, it is expected

that the expenditure to the extent of Rs. 34.00

lakhs (approx.) is involved for the year.

Memorandum Regarding Delegated Legislation

Clause 1(2) of the Bill empowers the

Government to issue notification for

appointing a date for bringing into force the

Act.

Clause 2 of the Bill empowers the

Government to frame Rules for prescribing

qualification of Chief Town Planner (Admini-

stration), Chief Town Planner (Land Use) and

Chief Town Planner (Planning).

Porvorim–Goa.

VIJAI SARDESSAI

Dated:

Hon’ble Minister for

Town and Country Planning

Assembly Hall,

N. B. SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

Dated:

Assembly of Goa

———ttt———

Department of Labour

Directorate of Skill Development &

Entrepreneurship

——

Order

2/51/TRG/SDCT/2014/1610

Approval of the Council of Ministers is

hereby conveyed for implementation of

Government of India scheme “Upgradation of

existing Government ITI into Model ITI” as per

terms and conditions of the Memorandum of

Agreement (MoA) at Panaji Government ITI

with Hotel Manoshanti as the Champion

Industry Partner, with Key objective is to

develop a benchmark for industry oriented ITI

which would serve as a model for other it is

and which shall also raise dignity of ITI

education as well as offer training to new job

entrants, Sign flexi Memorandum of

Understanding (MoU) with industries,

Strengthening Placement Cell, Signing of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1188

tripartite Memorandum of Agreement (MoA)

between Govt. of India, the State Government

and the Champion Industry Partner,

Registration of Institute Managing Committee

of Panaji Government ITI as Society under

Society Registration Act, 1860 in terms of

approved Memorandum of Association (MoA)

and Rules and Regulations of the Society and

Opening of Saving Bank Account of the IMC

Society in any Nationalised Bank.

1. To participate in the scheme, the

Industry Partner (IP) shall:—

(a) Nominate a representative as a

member of THE IMC to act as Chairperson;

(b) Nominate four other members from

the local industries in such a way that the

IMC becomes broad based;

women representative preferably from

Industries as member.

(d) Provide training to faculty members

and on the job training to trainees of the ITI

in industrial establishments.

(e) May contribute financially and/or in

terms of machinery and equipment which

may be instrumental in furthering the

objectives of the Scheme.

(f) Open a separate account for this

purpose and the IMC shall maintain regular

books of accounts as required under the

Scheme/relevant Societies Registration Act.

The FIRST PARTY may call for its accounts

relating to any accounting Years and

authorize an officer for inspection of its

books.

2. The Institute Managing Committee (IMC)

of Panaji Government ITI shall be registered

as Society under Society Registration Act,

1860.

3. Having undertaken the above actions,

Institute Managing Committee (IMC), shall

inter alia, take up the following activities:

(a) Develop the Implementation Plan for

the ITI in the Format issued by the FIRST

PARTY. The challenges facing the institute

and the strategies for dealing with them.

It shall set targets for institutional

improvement, ensure to achieve key

performance indicators and detail the

financial requirement with year wise break

up to meet the needs;

(b) Obtain short term, medium term and

long term requirement of skilled work force

and take steps to produce graduates

accordingly;

depute them for training in associated

industries/other institutes;

(d) Ensure implementation of various

activities of the scheme in time bound

manner so as to adhere to the time schedule

agreed in the Implementation Plan;

(e) Monitor the progress of implemen-

tation of the scheme at the Institute Level,

furnish periodical reports to the SECOND

PARTY as per the format prescribed by the

FIRST PARTY and the SECOND PARTY from

time to time and send a copy of reports

directly to the FIRST PARTY also;

(f) set up suitable mechanism to obtain

feedback from the trainees and industry

about quality of training and use the

feedback for improvement in the training

delivery;

(g) strengthen the TCPC in the ITI to work

as a Career Guidance Centre as envisioned

in the National Career Service and guide/

/help the graduates in employment/self

employment;

(h) develop suitable sustainable

mechanism to trace the careers of the

graduates for at least three years;

(i) ensure the admissions in THE ITI upto

20% as provided in section B of this

Agreement;

OFFICIAL GAZETTE — GOVT. OF GOA

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10TH AUGUST, 2017

1189

(j) ensure re-affiliation of trades in the ITI

if due as per the guidelines of DGT, MSDE,

GoI;

(k) undertake the star rating of the ITI as

stipulated in the Rating Scheme of ITIs;

(l) take steps for revenue generation as

per the set target.

4. The responsibilities identified above

as well as in the guidelines of the Scheme

must be included in the Memorandum of

Association and Rules and Regulations of the

IMC/Society.

5. Funding: As per the funding criteria vis-

a-vis the intake criteria, Rs. five crores are

sanctioned by GoI to Panaji Government ITI

under the scheme with funding pattern

is 70:30 between Government of India and

State.

6. Design and Modalities of release of funds:

State shall provide the funds to the IMC Society

including State share for Civil Works (CW),

Machinery and Equipment and other charges

as under:–

(a) Civil Work (CW): 25% of the project cost

shall be provided for CW which will include

construction of new workshop block,

renovation of existing workshops and

classrooms.

(b) Machinery & Equipment: 50% of the total

cost shall be utilised for procurement of

equipment for the upgradation of existing

trades and also for procurement of equipment

for new trades.

of the project cost shall be for following

activities:–

(i) Establishment/strengthening of

library;

(ii) Establishment of functional TCPC

including payment for placement officer;

(iii) Office furniture/office equipment;

(iv) Publicity and advocacy efforts;

(v) Undertaking studies, job fairs, visits

to other States, etc.

7. Release of Central funds shall be in 3

instalments as per following norms:–

(a) First instalment @ 50% of central share

shall be released on the basis of

implementation Plan prepared by the IMC.

(b) Second instalment @ 40% will be

released on utilization of 80% of 1st

instalment and furnishing of the Utilization

Certificate by the IMC and State

Government.

incentive fund contingent to performance

of ITIs and achieving target Key

Performance Indicators as identified in the

MoA.

8. Financial and Procurement Procedure:–

(a) Except for some contingent expenses

of upto Rs. 5000/- at a time, all expenditure

made out of the funds of the IMC Society

shall have the administrative approval of the

Governing Council of the IMC Society.

(b) Financial powers of different

authorities in IMC Society: The following

authorities in the IMC Society shall have

financial power to incur expenditure of any

nature (works, procurement of goods,

services, consultancy etc.) upto the

monetary limits mentioned below:–

(a) Upto Rs. 15,000/- ITI Principal/

/Chairperson, IMC Society.

(b) Above Rs. 15,000 and upto Rs. 10

lakhs-Works and Procurement Committee

of IMC Society.

Council of the IMC Society.

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1190

9. The Works and Procurement Committee

of the IMC Society shall consist of:–

1. Chairperson/Vice-Chairperson— Chairperson.

2. Member Secretary — Member.

3. Nominated Senior faculty member

— Member.

4. One nominated Industry member

— Member.

10. Procurement Procedure: The authorities

mentioned above shall carry out works and

procure goods and services according to the

procedure mentioned below:–

1. Works (Civil/Electrical):–

(i) Upto Rs. 5.00 lakh-Limited tender

enquiry: More than three tenders/quotations

shall be called from the contractors registered

with the Central Government Departments

such as CPWD or State Government

Departments such as PWD or Indian Railways

or Military Engineering Services or Border

Road

Organization

Public

Sector

Undertakings set up by the Central

Government or State Government to carry out

civil or electrical works.

(ii) Above Rs. 5.00 lakh-Open tenders shall

be called by advertising in at least one

national daily having wide circulation.

2. Goods:–

(i) Upto Rs. 15,000/- on each occasion:-

Prudent shopping without inviting quotation

or bids. A certificate of satisfaction about the

quality of goods and reasonableness of their

prices to be recorded by the competent

authority.

(ii) Above Rs. 15,000/- and upto Rs. 1 lakh

on each occasion Limited tender enquiry:-

Prudent shopping by a Committee of 3

Members chosen by the Works and

Procurement Committee who will survey the

market to ascertain reasonableness of rate,

quality and specifications and identify the

appropriate supplier. A certificate of

satisfaction about the quality of goods and

reasonableness of their prices to be recorded

by the 3 member committee.

(iii) Above Rs. 1 lakh and upto Rs. 25 lakh -

Limited tender enquiry more than three

tenders/quotations shall be called from

suitable manufacturers/suppliers.

(iv) Above Rs. 25 lakh - Open tenders shall

be called by advertising in atleast one national

daily having wide circulation. For purchasing

high value plant, machinery, etc. of a complex

and technical nature, bids shall be obtained

in two parts, i.e., Technical bid and Financial

bid.

3. Engaging consultants/guest lectures:–

(i) Upto Rs. 10 lakh in a year - By calling

for bids from more than three potential

consultants, identified on the basis of formal/

/information inquires.

(ii) Above Rs. 10 lakhs and upto Rs. 25 lakhs

during the project period - By seeking

“Expression of Interest” from consultants by

publishing in a least one national daily having

wide circulation and then following a two

bid-Technical and Financial bid, procedured

with approval of State Government.

4. Outsourcing of Services:–

(i) Upto Rs. 10 lakh - Limited tender enquiry-

by inviting offers from at least six contractors/

/service providers.

(ii) Above Rs. 10 lakh - Open tenders to be

called by advertising in at least one national

daily having wide circulation.

5. The Cheques of the Bank Account of the

IMC Society shall have to be signed by the

following authorities of the Society:–

(i) Cheques of amount upto Rs. 15,000/-

by the Member Secretary (ITI Principal) and

one Industry member nominated by the

Chairperson, who is regularly available

locally.

(ii) Cheques of amount larger than

Rs. 15,000/- by the Member Secretary (ITI

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1191

Principal) and the Chairperson of the

Society.

6. In case of financial decisions taken by the

Works and Procurement Committee and

Governing Council, the Member Secretary (ITI

Principal) will sign all the required documents.

7. Overall, the IMC Society shall ensure that

the funds of the Society are spent in the most

efficient manner; only for the purposes

mandated in the Memorandum of Association

of the IMC Society; and in accordance with

Implementation Plan.

8. Based on the submissions of the IMC

Society, the State Government would submit

Utilisation Certificate in Form GFR 19A

indicating expenditure incurred under the

scheme to Directorate of Training, MoSD&E in

duplicate.

11. Responsibility of State Government:–

(1) To constitute/reconstitute the Institute

Managing Committee and register the same

as Society under Society Registration Act,

1860.

2. Entrust the IMC Society, led by the

Champion Industry Partner, with managing

the affairs of the ITI according to the terms

and conditions of the Memorandum of

Agreement, Memorandum of Association and

Rules and Regulations of the Society.

12. Actionables by State Government:–

(a) Delegate the IMC with adequate

administrative and financial powers.

(b) Encourage and provide all assistance to

the IMC to establish training-cum-production

centre and to start a second/third shift in the

ITI.

the ITI, shall continue to regulate admissions

and fees for the regular training courses except

upto 20% of the total number of seats which

shall be determined by the IMC.

(d) The State Government would the IMC

in any other manner to help achieve the

objectives of improving quality of training

and thereby provide better employment

opportunities to the trainees.

(e) The State Government would ensure that

the sanctioned strength of instructors in the

ITI is always filled up and in no case the

vacancies shall exceed 10 percent of the

sanctioned strength at any point of time.

(f) The State Government would ensure that

all additional positions required by the ITI in

accordance with its Implementation Plan are

sanctioned and filled up on priority.

(g) The State Government would continue

to have administrative control over the staff of

the ITI and pay their salaries and other

emoluments.

(h) The State Government would continue

provision of funds to meet office, administrative

and other recurring expenses. However, the

SECOND PARTY is free to provide funds for

any additional activities recommended by the

IMC for upgradation of the ITI.

(i) The State Government would ensure that

faculty instructors taken on contract etc. are

paid minimum of Rs. 14,000/-per month from

the year of signing this Memorandum of

Agreement and which shall be increased by

at least 5% every year thereafter.

(j) The State Government would ensure that

reports are collected from the IMC, examined,

compiled and submitted to the FIRST PARTY

in the relevant format as per frequency

prescribed, within one month of end of the

period under consideration.

(k) The SECOND PARTY may change the

THIRD PARTY for:

(i) breach of terms and conditions spelled

under this Memorandum of Agreement and

spelled out in the memorandum of

Association and Rules and Regulations of

the Society;

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1192

(ii) undertaking any activities falling

under criminal offence;

(iii) causing financial irregularities, and

for reasons specified at Section F (10) (iii) of

this Memorandum of Agreement; and/or

(iv) replacing the THIRD PARTY with

another Champion Industry Partner for

improving the upgradation activities of the

ITI with approval of the FIRST PARTY.

(l) The State Government would make all

efforts to ensure the success of the ITI and

emulate the same across other ITIs in the

State. It will also compile an annual report to

be submitted to the FIRST PARTY consisting

of:

(i) an assessment of the performance of

the ITI that is in addition to the periodical

reports provided by THE IMC;

(ii) a compilation of the best practices

developed at the ITI by using the funding

under THE SCHEME;

(iii) a list of other ITIs in the State that are

adopting the best practices developed at

the ITI.

13. Monitoring Mechanism:

(a) All the three parties i.e. the Central

Government, the State Government and the

IMC Society would monitor the implementa-

tion of scheme.

(b) The IMC shall develop monitoring

mechanism to review the performance of the

ITI under the scheme and submit quarterly

reports to State Government.

progress report to the GoI as per prescribed

formats.

(d) The FIRST PARTY shall have power to

issue other instructions in respect of utilization

of funds of THE IMC from time to time.

(e) Ensure implementation of various

activities in time bound manner, so as to

adhere to the time schedule agreed in the IDP,

inline with terms and conditions of the MoA,

Bye laws and Rules & Regulations of the IMC

Society.

By order and in the name of Governor

of Goa.

Aleixo F. da Costa, Director & ex officio Joint

Secretary (S.D.&E.).

Panaji, 13th July, 2017.

————

Order

5/15/TRG/SDCT/F-4/10(Part)/1660

Approval of the Council of Ministers is

hereby conveyed for adoption of Terms and

Conditions of revised Memorandum of

Agreement (MoA) for implementation

of Centrally sponsored Scheme called

“Upgradation of 1396 Government Industrial

Training Institute (ITIs) through Public Private

Partnership (PPP)” at Vasco Government ITI

and for appointment of M/s. Zuari Agro

Chemicals Ltd. (ZACL), Zuarinagar, Vasco-Goa

as the new Industry Partner (IP).

1. To participate in the scheme, ZACL shall:–

(i) Nominate its representatives as

Chairperson of Institute Management

Committee (IMC);

(ii) Nominate four other members from local

industries in such a way that the IMC becomes

broad based;

(iii) Ensure that the IMC has atleast one

Woman Industry Representative as Member;

(iv) Shall sign, as the Industry Partner, a

tripartite revised Memorandum of Agreement

(MoA) with the Central and State Government.

2. Having undertaken the above actions,

ZACL shall provide training to faculty

members and on the job training to trainees

of Vasco Government ITI in industrial

establishments.

3. The ZACL may contribute financially and/

/or in terms of Machinery and equipment

which may be instrumental in furthering the

objectives of the scheme.

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1193

4. The IP/IMC agrees and undertakes to,

inter alia:–

(a) Develop the revised Institute

Development Plan (IDP) for the ITI. The IDP

shall define the long-term goals of the

Institute, the issues and challenges facing

the Institute and the strategies for dealing

with them. It shall set targets for

instructional improvement, define Key

Performance Indicators (KPIs), and detail

the financial requirement with year-wise

break up to meet the needs.

(b) Obtain short term, medium term and

long term requirement of skilled workforce

and take steps to produce ITI graduates,

accordingly.

depute them for training in the associated

industries/other institutes;

(d) Ensure implementation of various

activities in time bound manner, so as to

adhere to the time schedule agreed in the

IDP, inline with terms and conditions of the

MoA, RRs and Bye laws of the IMC Society.

(e) Monitor the progress of implementa-

tion of the scheme at the Institute level and

furnish periodical reports to the State

Steering Committee (SSC).

(f) Set up suitable mechanism to obtain

feedback from the trainees and industry

about quality of training and use the

feedback for improvement in the training

delivery.

(g) Set up placement cells in the ITI to

guide/help the graduates in employment/

/self employment and develop suitable

sustainable mechanism to trace the careers

of the graduates.

(h) Furnish periodical reports with

respect to the placement to the State

Steering Committee.

(i) Determine upto 20% admissions in the

ITI and fix and collect fee at minimum rate

of Rs. 5000/- per candidate per year for

atleast 10% of the total number of seats in

ITI.

(j) Shall adhere to guidelines issued by

State/Central Government from time to time.

(k) Shall plan out repayment of the

interest free loan of Rs. 2.50 crores, as per

the terms set out by Government of India

under the scheme.

The State Government reserves the right to

replace Industry Partner as per clause 5 (a, b,

c and d) of revised MoA.

This is issued in terms of FD’s concurrence

vide U. O. No. 7432 dated 02-1-2017 and

approval accorded by Council of Ministers in

its VIIth Cabinet Meeting held on 17-5-2017,

as conveyed by GAD vide letter No. 1/21/2017-

-GAD-II dated 23-5-2017.

By order and in the name of Governor

of Goa.

Aleixo F. da Costa, Director & ex officio Joint

Secretary (S.D. & E.).

Panaji, 17th July, 2017.

———ttt———

Department of Panchayati Raj and

Community Development

Directorate of Panchayats

Notification

23/DP/ZP/LA/2017/3868

Read:-

Notification No. 23/DP/ZP/LA/97 dated 21st

April, 1998, published in the Official

Gazette, Series I No. 7 dated 14th May, 1998.

Whereas, the draft rules, namely, the Goa

Zilla Panchayat (Election of the members to

the Zilla Panchayat from amongst the

members of the State Legislative Assembly)

(First Amendment) Rules, 2017 which the

Government of Goa proposed to make in

exercise of powers conferred by clause (ii) of

sub-section (4) of section 117 read with sub-

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1194

-section (1) of section 240 of the Goa Panchayat

Raj Act, 1994 (Goa Act 14 of 1994), (hereinafter

referred to as the “said Act”) were pre-

published as required by sub-section (1) of

section 240 of the said Act, vide Notification

No. 23/DP/ZP/LA/2017/2718 dated 12-06-2017

of the Department of Panchayati Raj and

Community Development in the Official

Gazette, Series I No. 11 dated 15-06-2017

(hereinafter referred to as the “said

Notification”) inviting objections and

suggestions from all persons likely to be

affected thereby, within fifteen days from the

date of publication of the said Notification in

the Official Gazette;

And whereas, the said Official Gazette

was made available to the public on

15-06-2017;

And

whereas,

objections

and

suggestions have been received from the

public on the said Notification.

Now, therefore, in exercise of the powers

conferred by sections 117, clause (ii) of sub-

-section (4) read with sub-section (1) of section

240 of the Goa Panchayat Raj Act, 1994 (Goa

Act 14 of 1994), the Government of Goa hereby

makes the following rules so as to further

amend the Goa Panchayat Raj (Application of

Panchayat and Zilla Panchayat Funds)

(Conditions and Limitations) Rules, 2006,

namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Zilla

Panchayat (Election of the members to the

Zilla Panchayat from amongst the members of

the State Legislative Assembly) (First

Amendment) Rules, 2017.

(2) They shall come into force from the

date of their publication in the Official Gazette.

2. Amendment of rule 3.— In rule 3 of the

Goa Zilla Panchayat (Election of the members

to the Zilla Panchayat from amongst the

members of the State Legislative Assembly)

Rules, 1998,—

(i) in item (I), for the words “six members”,

the words “five members” shall be substituted;

(ii) in item (II), for the words “five members”,

the words “seven members” shall be

substituted.

By order and in the name of the Governor

of Goa.

Sandhya Kamat, Director & ex officio Joint

Secretary (Panchayats).

Panaji, 8th August, 2017.

———ttt———

Department of Revenue

—

Notification

16/39/2017-RD/1687

The following draft rules which the

Government of Goa proposes to make in

exercise of the powers conferred by sub-

-section (2) of section 199 of the Goa Land

Revenue Code, 1968 (Act No. 9 of 1969) so as

to further amend the Goa, Daman and Diu

Land Revenue (City Survey) Rules, 1969, are

hereby pre-published as required by sub-

-section (3) of section 199 of the said Act, for

information of all the persons likely to be

affected thereby and notice is hereby given

that the said draft rules will be taken into

consideration by the Government after expiry

of a period of fifteen days from the date of

publication of this Notification in the Official

Gazette.

All objections and/or suggestions to the said

draft rules may be forwarded to the Secretary

(Revenue) to the Government of Goa, Revenue

Department, Secretariat, Porvorim, Goa,

before the expiry of the said period of fifteen

days so that they may be taken into

consideration at the time of finalization of the

said draft rules.

DRAFT RULES

In exercise of the powers conferred by sub-

-section (1) and (2) of section 199 of the Goa

Land Revenue Code, 1968 (Act No. 9 of 1969),

and all other powers enabling it in this behalf,

the Government of Goa hereby makes the

following rules so as to further amend the Goa,

Daman and Diu Land Revenue (City Survey)

Rules, 1969, namely:—

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10TH AUGUST, 2017

1195

1. Short title and commencement.— (1)

Theserules may be called the Goa Land

Revenue (City Survey) (Amendment) Rules,

2017.

(2) They shall come into force from the date

of their publication in the Official Gazette.

2. Substitution of rule 14.— For rule 14 of

the Goa, Daman and Diu Land Revenue (City

Survey) Rules, 1969, the following rule shall

be substituted, namely:—

“14. Notice of mutation.— As soon as a

mutation is entered in the Property Card

under rule 13, the Talathi shall post up a

complete copy of the entry in the town or

city in a conspicuous place. He shall also

simultaneously give notice in Form ‘G’ to all

persons from whom the occupancy right is

accrued to the applicant, whose names are

appearing in the Property Card and to any

person whom he has reason to believe to

be interested therein requiring them to send

their objections, if any, to the entry either

orally or in writing, if any, within fifteen days

from the date of receipt of such notice:

Provided that no such notice is required to

be given where all such persons appear before

the officer referred in rule 16 and give their no

objection for carrying out mutation by an

affidavit”.

By order and in the name of Governor

of Goa.

Sudin A. Natu, Under Secretary (Revenue-I).

Porvorim, 1st August, 2017.

———ttt———

Department of Sports and Youth Affairs

Directorate of Sports & Youth Affairs

—

Notification

DSYA/SW/Schemes/BBJK Award/2017-18/1462

Scheme for Presentation of “Bakshi

Bahaddar Jivabadada Kerkar Award”

The following scheme is 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.

By order and in the name of the Governor

of Goa.

V. M. Prabhu Desai, Director & ex officio

Joint Secretary (Sports & Youth Affairs).

Panaji, 31st July, 2017.

————

“SCHEME FOR PRESENTATION OF

“BAKSHI BAHADDAR JIVABADADA

KERKAR AWARD”

1. Short title.— (i) The scheme shall

be called bestowing “Bakshi Bahaddar

Jivabadada Kerkar Award” on Outstanding

Sportspersons and Sports Organisers of Goa.

2. Introduction.— Bakshi Bahaddar

Jivabadada Kerkar was born in Pawarwada,

Keri near Pedne in Goa was a fascinating figure

not only in Goa but in Maratha history.

He was a General in Maratha army, a

good sportsmen, had a mascular physique

practicing wrestling, Horse Riding, Shooting,

Dards, Baithanks, Mallakhamb and Sword. A

brave warrior and the troop leader in the

Maratha Army in Peshwa Era, was a

Courageous Leader and a fearless warrior

who excelled in the third battle of Panipat

fought between the Marathas and Afgan in

1761. Having proved his mettle in the battles,

at the age of 21 he was elevated to the position

of leading Contingents in the Army of the

Peshwa ruler. His life was full of hardships and

battles but he always emerged victorious in

about 175 major and minor incidents.

Later he became a close aide of another

great Maratha warrior and kingdom founder,

Sardar Mahdji Shinde, later known as Scindia,

the Governor of Gwalior and became his

Senapati or troop leader and participated in

the battles fought against Rajputs, Jats Tipu

Sultan and Rambhau Patwardhar.

3. Objective.— The objective of the Scheme

is to honour Meritorious Sportspersons and

Sports Organizers who have excelled at the

National & International Level in Games of

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1196

Sports recognized by the Ministry of Youth

Affairs & Sports, Government of India.

4. Scope of the scheme.— (i) Outstanding

Players- The Award will be bestowed on

Sportspersons who have won medals by

participating in the recognized International,

Senior Nationals, National Games shall only be

considered for “Bakshi Bahaddar Jivabadada

Kerkar Award”.

(ii) Outstanding Sports Organisers– The

Award will be bestowed on the Outstanding

Sports

Organisers

who

apart

from

organizational experience, has contributed for

promotions of Sports as the Office bearer of

Sports Clubs, State Sports Association, the

Sports Authority of Goa, National Sports

Federation and working on any Government

Sports Committee as the nominated member

shall also be taken into consideration.

(iii) Disciplines covered under the award of

the Bakshi Bahaddar Jivabadada Kerkar

Award.

Athletics

Archery

Badminton

Boxing

Billiards

Body Building

Basketball

Baseball

Chess

10.

Cricket

11.

Fencing

12.

Football

13.

Gymnastics

14.

Handball

15.

Hiking

16.

Hockey

17.

Judo

18.

Kabaddi

19.

Karate

20.

Kho- Kho

21.

Mallakhamb

22.

Motor Sports

23.

Powerlifting

24.

Rifle Shooting

25.

Rugby

26.

Sepak Takraw

27.

Softball

28.

Swimming

29.

Skating/Rollball

30.

Sqay Martial Art

31.

Squash

32.

Table Tennis

33.

Tennikoit

34.

Tennis

35.

Tug of War

36.

Volleyball

37.

Weightlifting

38.

Wrestling

39.

Yoga

40.

Yatching

5. Eligibility.— The names of eligible

Sportspersons and Sports Organizers may be

recommended every year on or before 31st

May, the financial year for which they are

recommended.

(i) The candidate recommended should

fulfill the eligibility criterion fixed for

outstanding Sportsperson or Sports Organiser,

with performance/achievements during the

last 4 preceding years.

(ii) The State Sports Association may

recommend 2 best outstanding Sportspersons

and Sports Organisers (men or women) in their

respective Sports discipline, to be selected by

the Committee.

(iii) The Department of Sports & Youth

Affairs on their own shall also recommend

the names of the Sportsperson & Sports

Organisers to the Sub-committee of the Bakshi

Bahaddar Jivabadada Kerkar Award”.

(iv) The applicant must be a domicile of Goa

State and shall produce the document at the

time of submission of application.

OUTSTANDING PLAYERS

(i) Age: 25 yrs. and above at the time of

applying for the Award.

(ii) Participation in Sports:

(a) The Player who has won medals or

has participated in the Olympics, World Cup,

Asian Games, Commonwealth Games, Afro

Asian Games or any International Games

recognized by the Ministry of Youth Affairs

& Sports, Government of India.

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1197

(b) The Player who has won medals or

participated for minimum 3 times in the

International Events, organized by the

recognized World Federation and approved

by the Ministry of Youth Affairs & Sports,

Government of India.

National Championship organised by the

National Sports Federation in Disciplines

recognized by the Ministry of Youth Affairs

& Sports, Government of India with 5 or

more years of participation in the Senior

Nationals.

(d) The marking Scheme for consideration

of the Award shall be as shown Annexure B.

FOR ORGANISER:—

(i) The candidate should have completed

the age of 40 years as on 1st May of the year of

the Award.

(ii) Further, apart from the Organizational

experience, his/her contribution to field of

Sports as the Office bearer of Sports Clubs,

State Sports Association, the Sports Authority

of Goa, National Sports Federation and

working on any Government Sports

Committee as a nominated member shall also

be taken into consideration.

(iii) The overall impact of his/her

contribution/efforts towards promotion of

Sports should have produced very positive

results for the good performance of the teams

participating

the

Zonal/National/

/International Level.

(iv) The candidate should have been

involved in the organization of recognized

Sports and by SAG on honorary basis in

an important capacity for not less than 12

years.

To be eligible for the Award, the candidate

must have organized minimum one National

Tournament in the capacity of President,

Secretary of the organizing committee.

6. Quantum of Financial Assistance under

the Scheme.—

The Award will comprise of a Bronze Plaque

of Late “BAKSHI BAHADDAR JIVABADADA

KERKAR”, a Citation and will carry a purse of

Rs. 25,000/- (Rupees Twenty Five Thousand

only).

7. Pattern of Assistance.— Proposals for

Award:

(i) Proposals for the Award shall be submitted

every year by 31st of May for the preceding year

ending 31st March, for consideration of the

Government on the requisite Proforma as detailed

at Annexure–D.

(ii) In case the application is received

after 31st May, it will not be considered for

that year and will not be carried for the

next year.

(iii) Proposals may be sent to the

Directorate of Sports & Youth Affairs by local

Members of Parliament, M.L.As, State

Government Departments, the Sports

Authority of Goa or Recognized State Sports

Association.

(iv) On receipt in the Directorate of Sports

& Youth Affairs on prescribed proforma duly

completed, the application will be referred

to the Ministry of Youth Affairs & Sports,

Government of India. SAI/National Sports

Federation/SAG/State Sports Associations to

verify and certif y that the Sports

achievements mentioned therein are

factually correct.

(v) Notwithstanding the above, the

Directorate of Sports & Youth Affairs retains

the right to further investigate and examine

the Sports achievements of an applicant for

consideration of his/her candidature for the

Award.

(vi) The Directorate of Sports & Youth

Affairs shall constitute a Committee under the

Chairmanship of Secretary Sports & Youth

Affairs, comprising of eminent Sportspersons/

/Sports promoters/Sports Administrators of

longstanding and impeccable integrity for

considering these applications and for taking

a final decision on the Award. The decision of

this Committee shall be final and binding on

all and cannot be challenged.

GENERAL:

(i) This Award will be in addition to any

other award of the Government or otherwise,

which may be available to sportspersons for

same achievements.

(ii) This Award will be given to a

Sportsperson only once in his/her lifetime.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1198

(iii) Canvassing for the Award in any

form is prohibited. Anybody found canvassing

in his favour will be debarred from

consideration.

(iv) The Award can be given posthumously.

In that event, the Cash, the Plaque and

Certificate will be given to the legal heir of the

honored Sportsperson.

RELAXATION OF THE PROVISIONS OF

THE SCHEME AND ANNULMENT AND

CANCELLATION OF AWARD.

The Award may be cancelled in case it is found

that it has been obtained by fraudulent manner

or misrepresentation or annulled/withdrawn for

valid and sufficient reasons on the ground that

the Awardee has not conducted himself

honorably subsequent to the date of conferment

of the Award. This decision would be taken by

the duly constituted Committee as specified

under point 7.

(i) In the event of annulment/cancella-

tion/withdrawal of the Award, a simple

notification by the Directorate of Sports &

Youth Affairs to that effect will be deemed

proper and sufficient.

(ii) The annulment/cancellation/with-

drawal cannot be disputed in any

Court of Law and the decision of the

Sports Department shall be final and

binding.

(iii) The Government shall have the right

to restore the Award after the annulment/

/cancellation/withdrawal, if it so deems

fit.

(iv) The State Government shall have

powers to relax any of the clauses/

/conditions incase of a deserving case(s).

8. Interpretations of the provision of the

Scheme.— The interpretation made by the

concerned Department and/or the State

Government concerning any of the clauses,

terms & conditions will be binding on the

applicants.

9. This has been issued with concurrence

of the Finance (Expd) Department under their

U. O. No. 1400038369 dated 22-06-2017.

V. M. Prabhu Desai, Director & ex officio

Joint Secretary (Sports & Youth Affairs).

Panaji, 31st July, 2017.

ELIGIBILITY CRITERIA FOR SELECTION OF

CANDIDATES FOR

“BAKSHI BAHADDAR JIVABADADA KERKAR

AWARD”

Outstanding players.— The Players who have

participated in the recognised International/

/National Championships shall only be considered

for “Bakshi Bahaddar Jivabadada Kerkar Award”.

(a)The Player who has won Medals or has

participated in the Olympics, World Cup, Asian

Games, Commonwealth Games, Afro Asian Games or

any International Games recognized by the Ministry

of Youth Affairs & Sports, Government of India.

(b) The Player who has won medals or

participated for minimum 3 times in the

International Events, organized by the recognized

World Federation and approved by the Ministry

of Youth Affairs & Sports, Government of India.

Championship organised by the National Sports

Federation in Disciplines recognized by the

Ministry of Youth Affairs & Sports, Government of

India with 5 or more years of Participation in the

Senior Nationals.

(d) The marking Scheme for consideration of

the Award shall be as shown Annexure B.

Organiser.—

(i) The Candidate should have completed

the age of 40 years as on 1st May of the year of

the Award.

(ii) Further, apart from the Organizational

experience, his/her contribution to field of Sports

as the Office bearer of Sports Clubs, State Sports

Association, the Sports Authority of Goa, National

Sports Federation and working on any

Government Sports Committee as a nominated

member shall also be taken into consideration.

(iii) The overall impact of his/her contribution/

/efforts towards promotion of Sports should have

produced very positive results for the good

performance of the teams participating at the

Zonal/National/International Level.

(iv) The candidate should have been involved

in the organization of recognized Sports and by

SAG on honorary basis in an important capacity

for not less than 12 years.

To be eligible for the Award, the candidate

must have organized minimum one National

Tournament in the capacity of President, Secretary

of the Organizing Committee.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1199

ANNEXURE B

Government of Goa

Directorate of Sports and Youth Affairs

Campal, Panaji-Goa

Selection of Sportspersons for the Bakshi Bahaddar Jivabadada Kerkar Award

Sr.

Name

Disci-

Olympics

World

Asian/Common-

Other internationals

Senior Nationals

Total

No.

pline

Cup/Championship

wealth/Afro-Asian

Score

Games

Participa-

1st

2nd

3rd

Participa-

1st

2nd

3rd

Participa-

1st

2nd

3rd

Participa-

1st

2nd

3rd Participa-

1st

2nd

3rd

tion

place

place place

tion

place

place place

tion

place

place place

tion

place

place place

tion

place

marks

50%

25%

15%

marks

50%

25%

15%

marks

50%

25%

15%

marks

50%

25%

15%

marks

50%

25%

15%

weightage

of partici-

pation

marks

marks place

marks

7.5

4.5

7.5

4.5

2.5

1.5

ANNEXURE C

Government of Goa

Directorate of Sports and Youth Affairs

Campal, Panaji-Goa

Selection of Sports Organiser for the Bakshi Bahaddar Jivabadada Kerkar Award

Sr.

Name

Sports

State

Federation

Zonal

National

International

Total

No.

Discipline

Level

Score

5 points

15 points

10 points

25 points

40 points

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1200

ANNEXURE “D”

Government of Goa

Directorate of Sports and Youth Affairs

Campal, Panaji-Goa

APPLICATION FORM FOR THE

BAKSHI BAHADDAR JIVABADADA KERKAR AWARD

Name of the Applicant in full:- .........................................................................................................................................

II.

Detailed Address:- ................................................................................................................................................................

Phone No. (O) ................................................. (R) .................................................................... Mobile ..............................

III.

Age and Date of Birth:- .................................................................... Yrs. ...................../......................./...........................

IV.

Educational Qualification: ................................................................................................................................................

.....................................................................................................................................................................................................

...........................................................................................................................................................................................

Technical Qualification:- ...................................................................................................................................................

...........................................................................................................................................................................................

Achievements in Sports:-

(Supported by attested copies of each participation/Merit

Certificates).

Sr.

Category of

Game/Sports

Year of participation

Position if any

If captained

Organisers

No.

participation

in which participated

1. INTERNATIONAL

COMPETITION

(a)

Senior Level

(b)

Junior Level

(c)

Sub-Junior Level

2. NATIONAL LEVEL

(a)

Senior Level

(b)

Junior Level

(c)

Sub-Junior Level

VI.

1. How many time the candidates

Senior:- ....................................................................................................

has represented the Goa State in

Nationals

Junior:- ...................................................................................................

Sub- Junior:- .........................................................................................

2. Are you a recipient of any other

Sports Awards:-

...................................................................................................................

3. Have you been called for International/

National/Combined University Coaching

Camp mentioned the Game:-

...................................................................................................................

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 19

10TH AUGUST, 2017

1201

4. Have you received any Scholarship/

/Merit/Certificates.

...................................................................................................................

(Mention the purpose, year and

the amount)

...................................................................................................................

5. Have you been penalized or

banned by the State Association

or National Federation for any

major infringement? (for Doping,

bad behaviour/indiscipline, etc.)

if so, name the infringement and

penalty paid.

...................................................................................................................

VII. For Organisers/Promoters in Sports/

/Games:-

(a) Game & Sports associated with:-

...................................................................................................................

(b) How many years put in organi-

sing/coaching:-

...................................................................................................................

/Games, if so, at what level?

Enclose Certificates if any.

...................................................................................................................

(d) Are you the office bearer of any

association? If so mentioned

the post, you are holding.

...................................................................................................................

(e) Have you in receipt of any

Rolling Shield/Certificate.

If so mention the year and game.

...................................................................................................................

(f) Have you attended any seminar/

/conference. If so mention the

year and game.

...................................................................................................................

(g) Have you contributed any

articles for the magazines?

Give details.

...................................................................................................................

(h) Have you contributed to any

work of Project Research/Disser-

tation in the field of Physical

Education/Sports? If so, men-

tion the topic.

...................................................................................................................

VIII. Any other information in brief which

you feel is necessary. (If necessary

an extra sheet of paper may be

attached)

...................................................................................................................

IX.

What have you to suggest for the

improvement and the spread of

game/sport you represented in

particular. (Extra sheet of paper

may be attached).

...................................................................................................................

N. B.: All Information mentioned above should be attached with the true copies of the Certificates failing which the application

will not be considered for Scrutiny. Original Credentials will be checked in the office when the names are cleared at the first scrutiny.

This is to certify that Shri./Smt./Kum. ..................................... is of outstanding Merit in ................................... and

the information provided above is correct to the best of my knowledge. His/her case is recommended for

conferring the “Bakshi Bahaddar Jivabadada Kerkar Award” as a outstanding Sportsperson for the year ........

Dated:-

(Recommending Authority)

Place:-

Signature of President/Secretary of the State Sports Associations.

Seal