Goa Gazette, No. 1718-23, 12 September 2017

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

RNI No. GOAENG/2002/6410

Panaji, 12th September, 2017 (Bhadra 21, 1939) SERIES I No. 23 PUBLISHED BY AUTHORITY

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division — Notification

7/21/2017-LA

The Goa Town and Country Planning (Amendment) Act, 2017 (Goa Act 17 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 9-9-2017, is hereby published for the general information of the public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 12th September, 2017.

————

The Goa Town and Country Planning (Amendment) Act, 2017

(Goa Act 17 of 2017) [9-9-2017]

ACT

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".

1335 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 12TH SEPTEMBER, 2017

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.

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".

Secretariat, SUDHIR MAHAJAN Porvorim-Goa. Secretary to the Dated: 12-9-2017. Government of Goa Law Department (Legal Affairs).

————

Notification

7/15/2017-LA

The Goa Preservation of Trees (Amendment) Act, 2017 (Goa Act 19 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 9-9-2017, is hereby published for the general information of the public.

Sharad G. Marathe, Additional Secretary

(Law).

The Goa Preservation of Trees (Amendment) Act, 2017

(Goa Act 19 of 2017) [9-9-2017]

ACT

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:— Porvorim, 12th September, 2017. 1336 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 12TH SEPTEMBER, 2017

"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.— Af ter 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 of Commercial Plantation.— The Government may, by notification in the Official Gazette, specify the terms and conditions for carr ying out commercial plantation in the State of Goa and exempt such area from the provisions of this Act".

Secretariat, SUDHIR MAHAJAN Porvorim-Goa. Secretary to the Dated: 12-9-2017. Government of Goa Law Department (Legal Affairs).

————

Notification

7/14/2017-LA

The Goa Appropriation Acts (Repeal) Act, 2017 (Goa Act 18 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 9-9-2017, is hereby published for the general information of the public.

Sharad G. Marathe, Additional Secretary (Law).

The Goa Appropriation Acts (Repeal) Act, 2017

(Goa Act 18 of 2017) [9-9-2017]

ACT

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. Porvorim, 12th September, 2017. 1337 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 12TH SEPTEMBER, 2017

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).

Secretariat, SUDHIR MAHAJAN Porvorim-Goa. Secretary to the Dated: 12-9-2017. Government of Goa Law Department (Legal Affairs).

————

Notification

7/7/2017-LA

The Goa Panchayat Raj (Amendment) Act, 2017 (Goa Act 20 of 2017), which has been passed by the Legislative Assembly of Goa on 24-7-2017 and assented to by the Governor of Goa on 9-9-2017, is hereby published for the general information of the public.

Sharad G. Marathe, Additional Secretary

(Law).

Porvorim, 12th September, 2017.

———— The Goa Panchayat Raj (Amendment) Act, 2017

(Goa Act 20 of 2017) [9-9-2017]

ACT

further to amend the Goa Panchayat Raj Act,

1994 (Goa Act No. 14 of 1994).

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 Panchayat Raj (Amendment) Act, 2017.

(2) It shall be deemed to have come into force

on the 9th day of June, 2017.

2. Insertion of new section 40A.— After section 40 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the following section shall be inserted, namely:—

"40A. Grant of paid holiday to employees on the day of poll.— (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to Panchayat shall, on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.".

3. Repeal and Saving.— (1) The Goa Panchayat Raj (Amendment) Ordinance, 2017 (Ordinance No. 3 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: 12-9-2017. Government of Goa Law Department (Legal Affairs).

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