1299

Panaji, 31st August, 2017 (Bhadra 9, 1939)

SERIES I No. 22

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

—

Notification

7/13/2017-LA

The Goa Agricultural Tenancy (Amendment)

Act, 2017 (Goa Act 12 of 2017), which has been

passed by the Legislative Assembly of Goa on

2-8-2017 and assented to by the Governor of

Goa on 29-8-2017, is hereby published for the

general information of the public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 31st August, 2017.

————

The Goa Agricultural Tenancy (Amendment)

Act, 2017

(Goa Act 12 of 2017) [29-8-2017]

ACT

further to amend the Goa, Daman and Diu

Agricultural Tenancy Act, 1964 (Act 7 of

1964).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-eighth Year of the Republic

of India, as follows:—

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

EXTRAORDINARY

No. 2

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

Act may be called the Goa Agricultural

Tenancy (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa, Daman and Diu Agricultural

Tenancy Act, 1964 (Act 7 of 1964) (herein-

after referred to as the “principal Act”),–

(i) before clause (1A), the following

clause shall be inserted, namely:—

“(1) “Administrative Tribunal” means

the Administrative Tribunal constituted

under the Goa Administrative Tribunal

Act, 1965 (Act No. 6 of 1965);”;

(ii) clause 5A shall be omitted;

(iii) in clause (19A), for the expression

“Court of Senior Civil Judge”, the word

“Mamlatdar” shall be substituted;

(iv) for clause (24), the following clause

shall be substituted, namely:—

“(24) “Tribunal” means the Tribunal

constituted under this Act; and”.

3. Amendment of sections 7, 7A, 8, 8A, 10,

11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J,

18K and 18L.— In sections 7, 7A, 8, 8A, 10,

11, 12, 14, 18B, 18C, 18E, 18F, 18G, 18H, 18J,

18K and 18L of the principal Act, for the

expression “Court of Senior Civil Judge”,

wherever it occurs, the word “Mamlatdar”

shall be substituted.

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4. Amendment of section 18.— In section

18 of the principal Act,—

(i)for the expression “Court of Senior

Civil Judge”, wherever it occurs, the word

“Mamlatdar” shall be substituted;

(ii) in sub-section (4), for the words

“District Court”, the word “Collector” shall

be substituted.

5. Amendment of section 18A.— In section

18A of the principal Act,—

(i) for the expression “Court of Senior

Civil Judge”, wherever it occurs, the word

“Mamlatdar” shall be substituted;

(ii) in sub-section (2), for the expression

“in appeal by the District Court”, the

expression “in appeal by the Collector or

in revision by the Administrative Tribunal”

shall be substituted.

6. Insertion of section 43.— After section

42A of the principal Act, the following section

shall be inserted, namely:—

“43. Tribunal.— (1) For the purpose of

this Act there shall be a Tribunal consisting

of not more than three members, called

the Agricultural Lands Tribunal, for such

area as the Government may, by

notification, from time to time specify.

(2) Notwithstanding anything contained in

sub-section (1), the Government may appoint

any officer not below the rank of a Mamlatdar

to be the Agricultural Lands Tribunal and to

exercise the powers and to perform the duties

and functions of the said Tribunal under this

Act in a Taluka or in any other area as may

be specified in this behalf.

(3) Save as otherwise provided, the

qualifications of the members constituting the

Tribunal and conditions of service and all

other matters relating to the constitution or

organisation of the Agricultural Lands

Tribunal shall be such as may be

prescribed.”.

7. Amendment of section 46.— In section

46 of the principal Act, for the word

“Tribunal”, the words “Mamlatdar or

Tribunal” shall be substituted.

8. Substitution of section 46A.— For

section 46A of the principal Act, the following

section shall be substituted, namely:—

“46A. Powers of the Mamlatdar to inquire

into contraventions.— (1) Notwithstanding

the fact that no application has been made

to him in this behalf, the Mamlatdar may,

upon information received or upon his

own knowledge or suspicion, that any of

the provisions of this Act have been

contravened, hold an inquiry in the

prescribed manner into the alleged

contravention as if an application had been

made to him in this regard.

(2) The Government, Collector or any

officer empowered by the Government in

this behalf, may, in any case, where it/he

has reason to believe that there has been

a contravention of the provisions of this

Act, direct the Mamlatdar to hold an

inquiry into alleged contravention.”.

9. Substitution of section 46B.— For section

46B of the principal Act, the following section

shall be substituted, namely:—

“46B. Transfer and disposal of pending

applications, appeals and revisions.— (1)

All applications and/or proceedings under

sections 7, 7A, 8, 8A, 10, 11, 12, 14, 18,

18A, 18B, 18C, 18E, 18F, 18G, 18H, 18J and

18K of this Act filed and pending with the

Court of Senior Civil Judge immediately

before the commencement of the Goa

Agricultural Tenancy (Amendment) Act,

2017, shall, on such commencement, stand

transferred to the Mamlatdar having

jurisdiction over such matters and such

Mamlatdar may proceed to deal with such

matters from the stage at which they have

reached before such transfer.

(2) All appeals and revisions against

the orders passed by the Mamlatdar,

pertaining to the applications and/or

proceedings referred to in sub-section (1),

filed and pending with the District Court,

if any, immediately before the commence-

ment of the Goa Agricultural Tenancy

(Amendment) Act, 2017, shall, on such

commencement, stand transferred to the

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31ST AUGUST, 2017

1301

Collector having jurisdiction over such

matters and such Collector may proceed

to deal with such matters from the stage

at which they have reached before such

transfer.

(3) All appeals and revisions against the

orders passed by the Collector, filed and

pending with the District Court, if any,

immediately before the commencement of

the Goa Agricultural Tenancy (Amendment)

Act, 2017, shall, on such commencement,

stand transferred to the Administrative

Tribunal and such Administrative Tribunal

may proceed to deal with such matters

from the stage at which they have reached

before such transfer.

(4) All appeals and revisions against the

orders passed by the Court of Senior Civil

Judge, filed and pending with the District

Court immediately before commencement

of the Goa Agricultural Tenancy (Amend-

ment) Act, 2017, shall, on such commence-

ment, be continued in and disposed by,

the District Court.”.

10. Insertion of section 48.— After section

47 of the principal Act, the following section

shall be inserted, namely:—

“48. Execution of order for payment of

money or restoring possession.— (1) Any

sum the payment of which has been

directed by an order of the Mamlatdar or

the Tribunal or the Collector including an

order awarding costs, shall be recovera-

ble from the person ordered to pay the

same as an arrear of land revenue; an

order of the Mamlatdar or the Tribunal

awarding possession or restoring the

possession or use of any land shall be

executed in such manner as may be

prescribed:

Provided that such recovery shall not

be made and such order other than

an order directing the restoration of

possession to a tenant shall not be

executed till the expiry of the period of

appeal or, as the case may be, of

application for revision as provided in this

Act.

Explanation:— For the purposes of the

preceding proviso, the expression “tenant”

shall not include a person deemed to be a

tenant under section 4 or section 5.

(2) An order or decision of the

Mamlatdar in execution proceedings,

subject to appeal, if any, shall be final.”.

11. Substitution of section 49.— For section

49 of the principal Act, the following section

shall be substituted, namely:—

“49. Appeals.— (1) From every order

including an order passed under chapter

II-A other than an interim order passed

by the Mamlatdar or the Tribunal under

this Act, an appeal shall lie to the Collector

and the orders of the Collector on such

appeal shall be final, subject to revision, if

any, by the Administrative Tribunal:

Provided that where such order has been

passed by the Court of Senior Civil Judge

before the commencement of the Goa

Agricultural Tenancy (Amendment) Act,

2017, an appeal shall lie to the District

Court and the orders of the District Court

on such appeal shall be final.

(2) From every original order other than

an interim order passed by the Collector

an appeal shall lie to the Administrative

Tribunal and the orders of the Administra-

tive Tribunal on such appeal shall be final.”.

12. Substitution of section 50.— For section

50 of the principal Act, the following section

shall be substituted, namely:—

“50. Revision.— (1) Where no appeal lies

under this Act, or none has been filed

within the period provided for it, the

Collector may, on his own motion or on an

application made by an aggrieved person

or on a reference made in this behalf by

the Government, at any time call for the

record of any inquiry or the proceedings

of any Mamlatdar or Tribunal for the

purpose of satisfying himself as to the

legality or propriety of any order passed

by and as to the regularity of the

proceedings of such Mamlatdar or Tribunal

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31ST AUGUST, 2017

1302

and pass such order thereon as he deems

fit:

Provided that no such record shall be

called for after the expiry of one year from

the date of such order and no order of such

Mamlatdar shall be modified, annulled

or reversed unless opportunity has been

given to the interested parties to appear

and be heard.

(2) An application for revision may be

made to the Administrative Tribunal

against any order, other than an interim

order of the Collector, on the following

grounds only:—

(a) that the order of the Collector was

contrary to law;

(b) that the Collector has failed to

determine some material issue of law;

in following the procedure provided by

this Act, which has resulted in the

miscarriage of justice.”.

13. Substitution of section 51.— For section

51 of the principal Act, the following section

shall be substituted, namely:—

“51. Extent of powers in appeal or

revision.— (1) The Collector or the

Administrative Tribunal in appeal or in

revision, may confirm, modify or rescind

the order in appeal or revision or its

execution or may remand the case for

disposal with such direction as deemed fit

or pass such other order as may seem

legal and just in accordance with the

provisions of this Act.

(2) The orders passed in appeal or

revision shall be executed in the manner

provided for the execution of the orders of

the Mamlatdar or the Tribunal under this

Act.”.

14. Substitution of section 51A.— For

section 51A of the principal Act, the following

section shall be substituted, namely:—

“51A. Finality of decisions of District

Court.— Every order or decision of the

District Court passed/taken shall be final

and conclusive.”.

15. Amendment of section 52.— In section

52 of the principal Act,—

(i) in sub-section (1), for the expression

“Court of Senior Civil Judge”, the word

“Collector” shall be substituted;

(ii) in sub-section (2),

(a) the expression “, or the Court of

Senior Civil Judge,” shall be omitted;

(b) for the words “District Court”, the

words “Administrative Tribunal or the

District Court” shall be substituted.

16. Amendment of section 53.— In section

53 of the principal Act, for the expression

“inquiries and proceedings under this Act”,

the expression “inquiries, appeals and

proceedings under this Act and in revision

by the Collector” shall be substituted.

17.

Insertion of section 58 B.— After

section 58 A of the principal Act, the

following section shall be inserted, namely:—

“58B. Bar to jurisdiction of Courts.—

Save as provided in this Act, no Court shall

have jurisdiction to settle, decide or deal

with any question which is by or under

this Act required to be settled, decided or

dealt with by the Mamlatdar, Tribunal,

Collector, Administrative Tribunal or

Government, and no order passed by

these authorities under this Act shall

be questioned in any Civil or Criminal

Court.”.

18. Amendment of section 59.— In section

59 of the principal Act, for the expression

“Tribunal, Collectors and Court of Senior Civil

Judge”, the words “Tribunal and Collectors”

shall be substituted.

19. Insertion of section 60C.— After section

60 B of the principal Act, the following section

shall be inserted, namely:—

“60C. Time limit for disposal of cases.—

All applications and/or proceedings under

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31ST AUGUST, 2017

1303

sections 7, 7A, 14 and 18C of this Act shall

be disposed as far as possible within a

period of three years from the date of their

filing or from the date of their receipt from

the Court of Senior Civil Judge, as the case

may be.”.

Secretariat,

SUDHIR MAHAJAN

Porvorim-Goa.

Secretary to the

Dated: 31-8-2017.

Government of Goa

Law Department

(Legal Affairs).

————

Notification

7/17/2017-LA

The Goa Compensation to the Project

Affected Persons and Vesting of Land in the

Government Act, 2017 (Goa Act 16 of 2017),

which has been passed by the Legislative

Assembly of Goa on 7-8-2017 and assented to

by the Governor of Goa on 29-8-2017, is hereby

published for the general information of the

public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 31st August, 2017.

————

The Goa Compensation to the Project

Affected Persons and Vesting of Land

in the Government Act, 2017

(Goa Act 16 of 2017) [29-8-2017]

ACT

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 Compen-

sation 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

OFFICIAL GAZETTE — GOVT. OF GOA

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1304

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;

(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

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1305

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

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.

Secretariat,

SUDHIR MAHAJAN

Porvorim-Goa.

Secretary to the

Dated: 31-8-2017.

Government of Goa

Law Department

(Legal Affairs).

————

Notification

7/18/2017-LA

The Goa Excise Duty (Amendment) Act,

2017 (Goa Act 15 of 2017), which has been

passed by the Legislative Assembly of Goa on

7-8-2017 and assented to by the Governor of

Goa on 29-8-2017, is hereby published for the

general information of the public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 31st August, 2017.

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The Goa Excise Duty (Amendment)

Act, 2017

(Goa Act 15 of 2017) [29-8-2017]

ACT

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 be 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.”;

(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).”.

Secretariat,

SUDHIR MAHAJAN

Porvorim-Goa.

Secretary to the

Dated: 31-8-2017.

Government of Goa

Law Department

(Legal Affairs).

Notification

7/19/2017-LA

The Goa Value Added Tax (Tenth

Amendment) Act, 2017 (Goa Act 14 of 2017),

which has been passed by the Legislative

Assembly of Goa on 7-8-2017 and assented to

by the Governor of Goa on 29-8-2017, is hereby

published for the general information of the

public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 31st August, 2017.

————

The Goa Value Added Tax (Tenth

Amendment) Act, 2017

(Goa Act 14 of 2017) [29-8-2017]

ACT

further to amend the Goa Value Added Tax

Act, 2005 (Goa Act 9 of 2005).

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;

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(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.

Secretariat,

SUDHIR MAHAJAN

Porvorim-Goa.

Secretary to the

Dated: 31-8-2017.

Government of Goa

Law Department

(Legal Affairs).

—————

Notification

7/20/2017-LA

The Goa Protection of Interests of Depositors

(in Financial Establishments) (Amendment)

Act, 2017 (Goa Act 13 of 2017), which has been

passed by the Legislative Assembly of Goa on

7-8-2017 and assented to by the Governor of

Goa on 29-8-2017, is hereby published for the

general information of the public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 31st August, 2017.

————

The Goa Protection of Interests of

Depositors (in Financial Establishments)

(Amendment) Act, 2017

(Goa Act 13 of 2017) [29-8-2017]

ACT

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

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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

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.”.

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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

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

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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

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.”.

Secretariat,

SUDHIR MAHAJAN

Porvorim-Goa.

Secretary to the

Dated: 31-8-2017.

Government of Goa

Law Department

(Legal Affairs).

———ttt———

Department of Urban Development

—

Notification

11/43/2017-DMA/1571

The following draft rules which the

Government of Goa proposes to make in

exercise of the powers conferred by sub-

-section (1) and clauses (oa), (r), (s), (u), (zb),

(zc) and (zf) of sub-section (2) section 84 of

the Real Estate (Regulation and Development)

Act, 2016 (Central Act 16 of 2016) and all other

powers enabling it in this behalf, are hereby

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published for information of all persons likely

to be affected thereby; and notice is hereby

given that said draft rules will be taken into

consideration by the Government after the

expiry of a period of ten days from the date of

publication of this Notification in the Official

Gazette.

All objections or suggestions to the said

draft rules may be forwarded, either through

e-mail viz “[email protected]”, or by post

to the Secretary (UD), Department of Urban

Development, Collectorate Building, Ground

Floor, Panaji-Goa-403001, before the expiry of

said period of ten days so that they may be

taken into consideration at the time of

finalization of said draft rules.

DRAFT RULES

In exercise of the powers conferred by

sub-section (1) and clauses (oa), (r), (s), (u),

(zb), (zc) and (zf) of sub-section (2) of section

84 of the Real Estate (Regulation and

Development) Act, 2016 (Central Act 16 of

2016), and all other powers enabling it in this

behalf, the Government of Goa hereby makes

the following rules, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Real Estate

(Regulation and Development) (Recovery of

Interest, Penalty, Compensation, Fine payable

Forms of complaints and Appeal etc.) Rules,

2017.

(2) They shall come into force on the date of

their publication in the Official Gazette.

2. Definitions.— In these rules, unless the

context otherwise requires,—

(a) “Act” means the Real Estate

(Regulation and Development) Act, 2016

(Central Act No. 16 of 2016);

(b) “Appellate Tribunal” means the Goa

Real Estate Appellate Tribunal established

under sub-section (1) of section 43 by the

Government by notification in the Official

Gazette;

Regulatory Authority established by the

Government under the sub-section (1) of

section 20;

(d) “Chairperson” means the Chairperson

of the Authority;

(e) “Form” means the form appended to

these rules;

(f) “Government” means the Government

of Goa.

(g) “Section” means section of the Act;

(2) Words and expressions used and not

defined in these Rules but defined in the Act

shall have the same meanings as respectively

assigned to them in the Act.

3. Manner of recovery of interest, penalty

and compensation.— Any interest or penalty

or compensation imposed on a promoter or an

allottee or a real estate agent shall be

recoverable under section 40 of the Act, from

such promoter or allottee or real estate agent,

as the case may be, as an arrears of land

revenue under the provision of the Goa Land

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

4. Manner of enforcement of the order,

direction or decision of the Adjudicating Officer

or Authority.— Every order passed by the

Adjudicating Officer, Authority or Appellate

Tribunal which it is empowered to do under

the Act or the rules and regulations made

thereunder, shall be enforced by the

Adjudicating Officer or Authority in

accordance with the provisions of the Code of

Civil Procedure, 1908 (5 of 1908), in the same

manner as if it were a decree of the court. In

the event such Adjudicating Officer or

Authority is unable to execute the order, it

shall send a copy of such order to the principal

civil court, to execute such order either within

the local limits of whose jurisdiction the real

estate project is located or in the principal civil

court of original jurisdiction within the local

limits of whose jurisdiction the person against

whom the order is being issued, resides, or

carries on business, or personally works for

gain alongwith a certificate stating that such

an order has not been executed by it.

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5. Terms and conditions and the fine payable for compounding of offence.— (1) The court

may, for the purpose of compounding of any offence under section 70, accept a sum of money

as specified in the Table below:—

TABLE

Sr. No.

Offence

Sum of money to be paid for compounding the offence

(1)

Offence under sub-section (2) of section 59

5 percent of the estimated cost of the real estate

project which may extend upto 20 percent of such

estimated cost.

(2)

Offence under section 64

5 percent of the estimated cost of the real estate

project which may extend upto 10 percent of such

estimated cost.

(3)

Offence under section 66

5 percent of the estimated cost of the plot, apart-

ment or building, as the case may be, of the real

estate project, for which the sale or purchase has

been facilitated, which may extend upto 10 percent

of such estimated cost.

(4)

Offence under section 68

5 percent of the estimated cost of the plot, apart-

ment or building, as the case may be, which may

extend upto 10 percent of such estimated cost.

(2) On payment of the sum of money for

compounding the offence as ordered by the

Court, no further proceeding shall be taken

against the accused person in respect of the

same offence, and any proceeding already

taken or initiated shall stand abated and the

accused person, if in custody, shall be

discharged.

(3) The promoter, allottee or real estate

agent, as the case may be, shall comply with

the order of the Court within the period

specified by the court.

6. Manner of filing a complaint with the

Authority and the manner of holding an

inquiry by the Authority.— (1) Any aggrieved

person, having any interest in the project, may

file a complaint with the Authority for any

violation under the Act or the rules and

regulations made thereunder, save as those

provided to be adjudicated by the

Adjudicating Officer, as per Form ‘A’ in

triplicate which shall be accompanied by a fee

of rupees five thousand through NEFT or RTGS

system or any other digital transaction mode:

Provided that, when the Authority makes a

provision for filing a complaint online/web-

based, it shall not be necessary to submit such

form in triplicate.

(2) The Authority shall follow, the following

procedure for the purposes of deciding any

complaint filed under sub-rule (1):—

(a) Upon receipt of the complaint the

Authority shall issue a notice alongwith

particulars of the alleged contravention and

the relevant documents to the respondent.

Such notice shall specify a date and time

for further hearing;

(b) In case the Authority is satisfied on

the basis of the submissions made that the

complaint does not require any further

inquiry it may dismiss the complaint.

the basis of the submissions made that there

is need for further hearing into the

complaint it may order production of

documents or other evidence on a date and

time fixed by it.

(d) On the date so fixed, the Authority

shall require the applicant and respondent

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to give evidence or to produce any

document which in the opinion of the

Authority, may be useful for or relevant to

the subject matter of the inquiry. Thereafter,

the Authority shall have the power to carry

out an inquiry on the basis of documents

and submissions.

(e) The Authority upon consideration of

the evidence produced before it and other

records and submissions is satisfied that,—

(i) the respondent is in contravention

of the provisions of the Act or the rules

and regulations made thereunder it shall

pass orders, adjudging the quantum of

compensation as it thinks fit in

accordance with the provisions of the Act

or the rules and regulations made

thereunder with reasons to be recorded

in writing; or

(ii) the respondent is not in

contravention of the provisions of the Act

or the rules and regulations made

thereunder the Authority may, by order

in writing, dismiss the complaint, with

reasons to be recorded in writing.

(f) If any person fails, neglects or refuses

to appear, or present himself as required

before the Authority, the Authority shall

have the power to proceed with the inquiry

in the absence of such person or persons

after recording the reasons for doing so.

7. Manner of filing a complaint with the

Adjudicating Officer and the manner of

holding an inquiry by the Adjudicating

Officer.— (1) Any aggrieved person may file

an Application in form “B” hereto with the

Adjudicating Officer, for the purpose of

adjudging compensation under section 12, 14,

18 or 19. The Application shall be

accompanied by a fee of rupees five thousand

paid through NEFT or RTGS system or any

other digital transaction mode.

(2) The Adjudicating Officer shall follow, the

following procedure for the purposes of

deciding any Application filed under sub-rule

(1):—

(a) The Adjudicating officer shall, — upon

receipt of the Application issue a notice

along with the copy of such Application and

the relevant documents to the respondent.

Such notice shall specify a date and time

fixed for hearing of the case.

(b) In case the Adjudicating Officer is

satisfied on the basis of the submissions

made that the complaint does not require

any further inquiry it may dismiss the

complaint.

satisfied on the basis of the submissions

made that there is need for further hearing

into the complaint it may order production

of documents or other evidence on a date

and time fixed by it.

(d) On the date so fixed, the Adjudicating

Officer shall require the applicant and

respondent to give evidence or to produce

any document which in the opinion of the

Adjudicating Officer, may be useful for or

relevant to the subject matter of the inquiry.

Thereafter, the Adjudicating Officer shall

have the power to carry out an inquiry on

the basis of documents and submissions.

(e) The Adjudicating Officer upon

consideration of the evidence produced

before it and other records and submissions

is satisfied that,—

(i) the respondent is in contravention

of the provisions of the Act or the rules

and regulations made thereunder it shall

pass orders, adjudging the quantum of

compensation as it thinks fit in

accordance with the provisions of the Act

or the rules and regulations made

thereunder with reasons to be recorded

in writing; or

(ii) the respondent is not in

contravention of the provisions of the Act

or the rules and regulations made

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thereunder the Adjudicating Officer may,

by order in writing, dismiss the

complaint, with reasons to be recorded

in writing.

(f) If any person fails, neglects or refuses

to appear, or present himself as required

before the Adjudicating Officer, the

Adjudicating Officer shall have the power

to proceed with the inquiry in the absence

of such person or persons after recording

the reasons for doing so.

(g) The Adjudicating Officer shall before

passing any order, consider the factors

specified in section 72.

8. Manner of service of notice and order.—

(1) Adjudicating Officer shall deliver a certified

copy of the order to the complainant and

respondent.

(2) A notice or an order issued under these

rules shall be served in any of the following

manner,—

(a) by delivering or tendering it to that

person or person’s authorised agent in an

electronic form provided that there is

sufficient evidence of actual delivery of the

electronic record to the concerned person;

(b) by sending it to the person by

registered post with acknowledgement due

to the address of his place of residence or

the last known place or residence or

business place; or

or (b) above, then by affixing it, in the

presence of two witnesses, on the outer door

or some other conspicuous part of the

premises in which that person resides or is

known to have last resided, or carried on

business or personally works or last worked

for gain.

9. Manner of filing Appeal to the Appellate

Tribunal.— (1) Every appeal filed under sub-

-section (1) of section 44 shall be accompanied

by a fee of rupees five thousand paid through

NEFT or RTGS system or any other digital

transaction mode.

(2) Every appeal shall be filed in Form “C”

hereto in triplicate along with the following

documents,—

(a) attested true copy of the order against

which the appeal is preferred;

(b) copies of the documents relied upon

by the appellant and referred to in the

appeal;

Provided that, when the Authority makes a

provision for filing a Appeal online/web-based,

it shall not be necessary to submit such form

in triplicate.

FORM ‘A’

[See rule 6]

COMPLAINT TO THE AUTHORITY

(Complaint under section 31 of the Act)

For use of office: ...........................................................................................................................................................................

Date of filing: ...........................................................................

Date of receipt by post: ......................................................... Complaint No. : ...................................................................

Signature:…….......................................................................... Authorized Officer: .............................................................

BEFORE THE GOA REAL ESTATE REGULATORY AUTHORITY

(Name of place)

Between ................................................. Complainant(s) And......................................................... Respondent(s)

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Details of claim:

1. Particulars of the complainant(s): .....................................................................................................................................

(i) Name of the complainant: ..............................................................................................................................................

(ii) Address of the existing office/residence of the complainant: .........................................................................

(iii) Address for service of all notices: .............................................................................................................................

2. Particulars of the respondents:

(i) Name(s) of respondent: ...................................................................................................................................................

(ii) Office address of the respondent: ..............................................................................................................................

(iii) Address for service of all notices: .............................................................................................................................

3. (a) Jurisdiction of the Authority:

The complainant declares that the subject matter of the claim falls within the jurisdiction of the

Authority.

(b) Project Registration No. ............................................

4. Facts of the case:

[give a concise statement of facts and grounds for complaint]

5. Relief(s) sought:

In view of the facts mentioned in paragraph 4 above, the complainant prays for the following relief(s)

................................................................ [Specify below the relief(s) claimed explaining the grounds of relief(s) and

the legal provisions (if any) relied upon]

6. Interim order, if prayed for:

Pending final decision on the complaint the complainant seeks issue of the following interim order:

7. Complaint not pending with any other court, etc.:

The complainant further declares that the matter regarding which this complaint has been made is

not pending before any court of law or any other Authority or any other Tribunal(s).

8. Particulars in respect of the fee in terms of sub-rule (1) of rule 6 :

(i) Amount

(ii) Mode

9. List of enclosures:

[Specify the details of enclosures with the complaint]

Verification

I ....................................................... (name in full block letters) son/daughter of ............................................. the

complainant do hereby verify that the contents of paragraphs [1 to 9] are true to my personal knowledge and

belief and that I have not suppressed any material fact(s).

Place:

Date:

Signature of the complainant(s)

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FORM “B”

[See rule 7]

APPLICATION TO ADJUDICATING OFFICER

(Claim for compensation under section 12, 14, 18 and or 19 read with section 71 of the Act)

For use of office: ...........................................................................................................................................................................

Date of filing: .................................................................................................................................................................................

Date of receipt by post: .............................................................................................................................................................

Application No.: ...........................................................................................................................................................................

Signature: ........................................................................................................................................................................................

Authorized Officer: .....................................................................................................................................................................

BEFORE THE ADJUDICATING OFFICER

Between ........................................................... Applicant(s)

And

.......................................................................... Respondent(s)

Details of claim:

1. Particulars of the applicant(s):

(i) Name of the applicant:

(ii) Address of the existing office/residence of the applicant:

(iii) Address for service of all notices:

(iv) Details of allottees apartment, plot or building

2. Particulars of the respondents:

(i) Name(s) of respondent:

(ii) Office address of the respondent:

(iii) Address for service of all notices:

(iv) Registration No. and address of project:

3. (a) Jurisdiction of the Adjudicating Officer:

The applicant declares that the subject matter of the claim falls within the jurisdiction of the

adjudicating officer.

(b) Project Registration No.:

4. Facts of the case:

(give a concise statement of facts and grounds of claim against the respondent)

5. Compensation(s) sought:

In view of the facts mentioned in paragraph 4 above, the applicant prays for the following compensation(s)

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

[Specify below the compensation(s) claimed explaining the grounds of claim(s) and the legal provisions

(if any) relied upon]

6. Claim not pending with any other court, etc.:

The applicant further declares that the matter regarding which this application has been made is not

pending before any Court of Law or any other Authority or any other Tribunal(s).

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7. Particulars of the fee in terms of sub-rule (1) of rule 7:

(i) Amount

(ii) Mode

8. List of enclosures:

(Specify the details of enclosures with the application)

Verification

I ....................................................... (name in full block letters) son/daughter of ...................... the applicant do

hereby verify that the contents of paragraphs (1 to 8) are true to my personal knowledge and belief and that

I have not suppressed any material fact(s).

Place:

Date:

Signature of the applicant(s)

—————

FORM “C”

(See rule 9)

APPEAL TO APPELLATE TRIBUNAL

For use of Appellate Tribunal’s office: ..................................................................................................................................

Date of filing: ................................................................................................................................................................................

Date of receipt by post: .............................................................................................................................................................

Registration No.: ..........................................................................................................................................................................

Signature: ..................................................................................

Authority Officer: ...................................................................

IN THE GOA REAL ESTATE APPELLATE TRIBUNAL (Name of place)

Between

....................................... Appellant(s)

And

....................................... Respondent(s)

Details of appeal:

1. Particulars of the appellants:

(i) Name of the appellant: ...................................................................................................................................................

(ii) Address of the existing office/residence of the appellant: ..............................................................................

(iii) Address for service of all notices: ............................................................................................................................

2. Particulars of the respondents: ...................................................................................................................................

(i) Name(s) of respondent: ....................................................................................................................................................

(ii) Office address of the respondent: ..............................................................................................................................

(iii) Address for service of all notices: ..............................................................................................................................

3. (a) Jurisdiction of the Appellate Tribunal:

The appellant declares that the subject matter of the appeal falls within the jurisdiction of the Appellate

Tribunal.

(b) Project Registration No. : ..............................................................................................................................................

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 22

(EXTRAORDINARY No. 2)

31ST AUGUST, 2017

1318

4. Limitation:

The appellant declares that the appeal is within the limitation specified in sub-section (2) of section 44.

If the appeal is filed after the expiry of the limitation period specified under sub-section (2) of section 44

specify reasons for delay ...........................................................

5. Facts of the case:

(give a concise statement of facts and grounds of appeal against the specific order of the Authority or the

Adjudicating Officer, as the case may be passed under section(s) ...................................................... of the Act.

6. Grounds of Appeal:

7. Relief(s) sought:

In view of the facts mentioned in paragraph 5 above, the appellant prays for the following relief(s)

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

[Specify below the relief(s) sought explaining the grounds of relief(s) and the legal provisions (if any)

relied upon]

8. Interim order, if prayed for:

Pending final decision on the appeal, the appellant seeks issue of the following interim order:–

(Give here the nature of the interim order prayed for with reasons)

9. Matter not pending with any other court, etc.:

The appellant further declares that the matter regarding which this appeal has been made, is not pending

before any court of law or any other Authority or any other Tribunal(s).

10. Particulars of the fee in terms of sub-rule (1) of rule 9:

(i) Amount

(ii) Mode

11. List of enclosures:

(i) An attested true copy of the order against which the appeal is filed.

(ii) Copies of the documents relied upon by the appellant and referred to in the appeal.

(iii) An index of the documents.

Verification

I ................................................ (name in full block letters) son/daughter of ............................. the appellant do

hereby verify that the contents of paragraphs (1 to 10) are true to my personal knowledge and belief and that

I have not suppressed any material fact(s).

Place :

Date:

Signature of the appellant (s)

By order and in the name of the Governor of Goa.

J. Ashok Kumar, IAS, Director & ex officio Addl. Secretary (Urban Development).

Panaji, 31st August, 2017.

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