1849

Panaji, 21st December, 2017 (Agrahayana 30, 1939)

SERIES I No. 38

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]

Department

Notification/Bill

Subject

Pages

1. Forest

Not.- 2-190(1)-2017-18/FD/

Declaration of Matti & Coconut Tree as State

1849

Under Secretary

/Part/1464

Trees.

2.a. Goa Legislature Secretariat Bill.- LA/LEGN/2017/2512

The Goa Appropriation (No. 4) Bill, 2017.

1849

b. —do—

Bill.- LA/LEGN/2017/2513

The Goa Land Revenue Code (Amendment)

1851

Bill, 2017.

c. —do—

Bill.- LA/LEGN/2017/2514

The Goa Town and Country Planning

1856

(Amendment) Bill, 2017.

d. —do—

Bill.- LA/LEGN/2017/2515

The Goa Tax on Infrastructure (Amendment)

1858

Bill, 2017.

e. —do—

Bill.- LA/LEGN/2017/2516

The Goa Agricultural Produce Marketing (Dev & Reg) 1860

Amendment, Bill, 2017.

3. Industries

Not.- 3/12/2017-IND

Goa Tribal’s Employment Generation Programme

1863

Under Secretary

Scheme, 2017.

4. Law & Judiciary

Not.- 10/8/2017-LA/209

Indian Forest (Amendment) Ordinance, 2017.

1866

Under Secretary

5. Science, Technology & Envi.

Not.- —

Goa State Solar Policy, 2017.

1867

Dir. & ex officio Jt. Secretary

INDEX

Department of Forest

—

Notification

2-190(1)-2017-18/FD/Part/1464

In exercise of the powers conferred by

section 7A of the Goa, Daman and Diu

Preservation of Trees Act, 1984 (Goa Act No. 6

of 1984), the Government of Goa, having

regard to ecological, socio-economic, cultural

or heritage value, hereby declares “Matti”

(Terminalia elliptica) and “Coconut tree”

(cocos nucifera) to be State trees.

By order and in the name of the Governor

of Goa.

Shaila G. Bhosle, Under Secretary (Forests).

Porvorim, 13th December, 2017.

Goa Legislature Secretariat

LA/LEGN/2017/2512

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 14th December, 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. 4) Bill, 2017

(Bill No. 24 of 2017)

BILL

to authorise payment and appropriation of

certain further sums from and out of the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1850

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 Republic

of India, as follows:—

1. Short title.— This Act may be called the Goa Appropriation Act, 2017.

2. Issue of Rs. 447,25,93,000/- 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 aggregate to the sums of four hundred forty seven crore twenty

five lakh ninety 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 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 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

Raj Bhavan (Charged)

—

13.00

District and Sessions Court,

213.00

—

213.00

North Goa

District and Sessions Court,

380.87

—

380.87

South Goa

Settlement and Land Records

308.00

—

308.00

Treasury and Accounts

511.84

—

511.84

Administration, North Goa

Treasury and Accounts

35.00

—

35.00

Administration, South Goa

Debt Services (Charged)

—

1500.00

Notary Services

188.52

—

188.52

Excise

338.00

—

338.00

Transport

100.00

—

100.00

Goa Public Service Commission

—

100.00

(Charged)

Collectorate, North Goa

0.50

—

0.50

Collectorate, South Goa

714.50

—

714.50

Police

5361.61

—

5361.61

Jails

215.00

—

215.00

Industries, Trade and Commerce

1300.00

—

1300.00

Printing and Stationery

693.61

—

693.61

Public Works

2348.92

189.45

2538.37

Home

320.00

—

320.00

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1851

Home Guards and Civil Defence

53.42

—

53.42

Panchayats

1110.00

—

1110.00

Revenue

516.05

—

516.05

School Education

5035.00

—

5035.00

Higher Education

2600.00

—

2600.00

Government Polytechnic, Panaji

290.50

—

290.50

Government Polytechinc, Bicholim

115.00

—

115.00

Government Polytechnic,

43.00

—

43.00

Curchoriem

Goa College of Engineering

200.00

—

200.00

Goa Medical College

6181.70

—

6181.70

Health Services

4256.00

—

4256.00

Institute of Psychiatry

641.55

—

641.55

and Human Behaviour

Goa Dental College

300.00

—

300.00

Labour

621.60

—

621.60

Food and Drugs Administration

266.00

—

266.00

Municipal Administration

3000.00

—

3000.00

Information and Publicity

392.02

—

392.02

Social Welfare

207.00

—

207.00

Factories and Boilers

18.00

—

18.00

Law

33.00

—

33.00

Fisheries

497.00

—

497.00

Ports Administration

44.00

—

44.00

Co-operation

157.35

—

157.35

Water Resources

2198.92

—

2198.92

River Navigation

702.00

—

702.00

Legal Metrology

65.00

—

65.00

Department of Tribal Welfare

350.00

—

350.00

TOTAL

42923.48

1802.45

44725.93

Statement of Objects and Reasons

The Supplementary Demands for Grants

for the year 2017-18 (Second 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 Consoli-

dated Fund of the State of Goa, to meet the

expenditure on certain services, granted by

the Legislative Assembly for those services.

Porvorim, Goa. MANOHAR PARRIKAR

14th December, 2017. Finance Minister/

/Chief Minister

Assembly Hall, N. B. SUBHEDAR

Porvorim, Goa. Secretary to the

14th December, 2017. Legislative Assembly of Goa.

Governor’s Recommendation

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. 4) Bill, 2017, by the

Legislative Assembly of Goa.

—————

LA/LEGN/2017/2513

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 14th December, 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1852

The Goa Land Revenue Code

(Amendment) Bill, 2017

(Bill No. 25 of 2017)

BILL

further to amend the Goa Land Revenue Code,

1968 (Act No. 9 of 1969).

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 Land Revenue

Code (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 24.— In section

24 of the Goa Land Revenue Code, 1968 (Act

No. 9 of 1969) (hereinafter referred to as the

“principal Act”), for the word “Collector”,

wherever it occurs, the word “Government”

shall be substituted.

3. Amendment of section 37.— In section

37 of the principal Act, for the words “Central

Government”, wherever they occur, the

words “Central Government or Government”

shall be substituted.

4. Insertion of new sections 37A and 37B.—

After section 37 of the principal Act, the

following sections shall be inserted,

namely:—

“37A. Confirmation of title to Alvara land.—

(1) Every person occupying the land under

the provisions of the Decree No. 3602 dated

24-11-1917 shall make an application in the

prescribed form to the Collector within a

period of six months from the date of

commencement of the Goa Land Revenue

Code (Amendment) Act, 2017 along with all

the documents to substantiate that all the

conditions laid down in the said Decree No.

3602 dated 24-11-1917 have been complied

with and that he has a definitive title under

the said Decree to such land:

Provided that the Government may direct

the Collector to entertain the application

made beyond the said period of six months

if it is satisfied that the applicant could not

make application within the said period for

the reasons beyond his control.

(2) The Collector shall after receipt of

application under sub-section (1) verify all

the documents submitted by the applicant

and after conducting such inquiry as he

deems fit, submit his report thereon to the

Government inter-alia stating as to whether

the applicant has definitive title to the land

occupied by him.

(3) The Government may, after considering

the report submitted by the Collector under

sub-section (2), either approve or reject his

report or give such other direction to the

Collector as it deems fit in the matter. In the

event the Government finds that the applicant

has definitive title to the land, it may direct

the Collector to issue a certificate of

confirmation of the definitive title to the

applicant in the prescribed form.

(4) A person, whose application is rejected

under sub-section (3) or is occupying

Government/Alvara land without the

definitive title to such land under the said

Decree No. 3602 dated 24-11-1917, he shall

apply for regularization of such land, in the

prescribed form along with the prescribed

fee, within a period of thirty days from the

date of such rejection or six months from

the date of commencement of the Goa Land

Revenue Code (Amendment) Act, 2017, as

the case may be.

(5) The Collector shall after receipt of

application under sub-section (4) verify all

the documents submitted by the applicant

and after conducting such inquiry as he

deems fit, submit his report thereon to the

Government.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1853

(6) The Government may, after considering

the report submitted by the Collector under

sub-section (5), either direct the Collector to

regularize such land as occupant Class –II

on payment of amount as specified in sub-

section (7) or reject the application or give

such other direction to the Collector as it

deems fit in the matter.

(7) Notwithstanding anything contained in

any law for the time being in force, no land

referred in sub-section (4) shall be regularized

unless an amount equivalent to the total

value of the land calculated at rupees 05/-

per square meter has been deposited with

the Government.

(8) Where any person fails to comply with

the provisions of sub-section (1) or (4) or his

application is rejected under sub-section (3)

or (6), the Government/Alvara land shall

revert back to the Government free from all

encumbrances and the Government shall be

free to deal with such land as it deems fit.

37B. Restriction on transfer of occupancy of

Land.— (1) Notwithstanding anything

contained in sub-section (4) of section 24 and

section 37A, no person having definitive title

to land conferred under section 37A and/or

classified as occupant Class – I under section

24 shall transfer the said land to any person

without remitting to the Government ten

percent of the prevailing market value of

such land as on the date of such transfer

or proceeds of such transfer, whichever is

higher.

(2) The transfer of occupancy of the land

in contravention of provision contained in

sub-section (1) shall be null and void.

5. Substitution of section 38.— For section

38 of the principal Act, the following section

shall be substituted, namely:—

“38. Regularisation of encroachments.—

Nothing contained in section 37 shall prevent

the Government, if the person making the

encroachment so makes request, to charge

the said person a sum not exceeding five

times the value of the land so encroached

upon and to grant the land to the encroacher

on such terms and conditions as the

Government may impose subject to rules

made in this behalf; and then to cause the

said land to be entered in land records in

the name of the such person as Occupant–

Class II:

Provided that no Land shall be granted as

aforesaid, unless a public notice of intention

so to do is given, and any objections or

suggestions which may be received before

granting the land as aforesaid are considered.

The expenses incurred in giving such public

notice shall be paid by the person making

the encroachment; and on his failure to do

so on demand within a reasonable time, shall

be recovered from him as an arrear of land

revenue.”.

6. Amendment of section 39.— In section

39 of the principal Act, in sub-section (1),

for the expression “(except Alvara holder

and person in occupation of Land before the

appointed day)” shall be omitted.

7. Amendment of section 40.— In section

40 of the principal Act, for the words “Central

Government”, wherever they occur, the

words “Central Government or Government”

shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 37 of Goa

Land Revenue Code, 1968 (Act 9 of 1969) so

as to include word “Government” and by

inserting section 37A and 37B prescribing

the process for regularization for grants under

Alvara.

The Bill further seeks to amend section 24

to provide powers to Government for

transferring land held under occupancy class

II to Occupancy Class I and to suitably amend

section 38, 39 and 40 corresponding to

insertion of new sections 37A and 37B.

This Bill seeks to achieve the above objects.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1854

Financial Memorandum

The Bill would generate additional revenue

on account of fees payable, which cannot be

quantified at this Stage.

Memorandum regarding delegated

legislation

Clause 4 of the Bill empowers the

Government to frame Rules for prescribing

the form of application for confirmation of title

of Alvara land and of Certificate of

Confirmation of definitive title.

Clause 4 of the Bill also empowers the

Government to frame rules prescribing form

of application and fee for regularization of

Alvara land.

Clause 5 empowers the Government to

make rules as regards to regularization of

encroachment.

These delegations are of normal character.

Assembly Hall,

ROHAN A. KHAUNTE

Porvorim-Goa.

Minister for

13th December, 2017.

Revenue

Assembly Hall,

NILKANTH SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

13th December, 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

Land Revenue Code (Amendment) Bill, 2017.

RAJ BHAVAN.

MRIDULA SINHA

Date: 12th December, 2017.

Governor of Goa

—————

ANNEXURE

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

Extract of Section 24, 37, 38, 39, 40 of the Goa

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

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

24. Occupancy to be transferable and heritable

subject to certain restrictions.— (1) An occupancy

shall, subject to the provision contained in section

46 and to any conditions lawfully annexed to the

tenure, and save as otherwise provided by law, be

deemed an heritable and transferable property.

(2) Notwithstanding anything contained in the

foregoing sub-section, occupancies of persons

belonging to such Scheduled Castes and Scheduled

Tribes as the Government, having regard to the

ability of the occupants to cultivate the land

personally or any other relevant factors, may by

notification in the Official Gazette if any, declare

for the purpose of this section for the whole or any

part of the State of Goa, shall not be transferred

except with the previous sanction of the Collector.

(3) Notwithstanding anything contained in sub-

section (1) or in any other provisions of this Code,

or in any other law for the time being in force, it

shall be lawful for an Occupant — Class II — to

mortgage his property in favour of the Government

in consideration of a loan advanced to him by the

Government under the Land Improvement Loan

Act, 1883, the Agriculturists Loans Act, 1884, or in

favour of a co-operative society in consideration of

a loan advanced to him by such co-operative

society, and without prejudice to any other remedy

open to the Government, or as the case may be, the

co-operative society in the event of such occupant

making default in payment of such loan in

accordance with the terms on which such loan is

granted, it shall be lawful for the Government, or

as the case may be, the co-operative society to

cause the occupancy to be attached and sold and

the proceeds to be applied towards the payment of

such loan.

(4) The Collector may, on the application of the

purchaser, and payment of the premium prescribed

by the Government in this behalf, by order in

writing reclassify the occupant—as Occupant—

Class I; and on such re-classification, the occupant

shall hold the occupancy of the land without any

restriction on transfer under this Code.

Explanation 1:— For the purposes of this section

“Scheduled Castes” means such castes, races or

tribes or parts of or groups within such castes,

races or tribes, as are deemed to be Scheduled

Castes in relation to Union territory of Goa, Daman

and Diu under article 341 of the Constitution of

India.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1855

Explanation 2:— For the purposes of this section,

“Scheduled Tribes” means such tribes or tribal

communities or parts of, or groups within, such

tribes or tribal communities as are deemed to be

Scheduled Tribes in relation to the Union territory

of Goa, Daman and Diu under article 342 of the

Constitution of India.

37. Removal of encroachments on land vesting in

Central Government; provisions for penalty and other

incidental matters.— (1) In the event of any

encroachment being made on any land vested in

the Central Government (whether or not in charge

of any local authority), it shall be lawful for the

Collector to summarily abate or remove any such

encroachment and the expenses incurred therefor

shall be leviable from the person in occupation of

the land encroached upon and the person who is

responsible for the encroachment.

(2) The person who made such encroachment

or who is in unauthorised occupation of the land

so encroached upon shall pay, if the land

encroached upon forms part of an assessed survey

number, assessment for the entire number for the

whole period of the encroachment, and if the land

has not been assessed, such amount of assessment

as would be leviable for the said period in the

same village on the same extent of similar land

used for the same purpose. Such person shall pay

in addition a fine which shall be not less than five

rupees but not more than one thousand rupees if

the land is used for an agricultural purpose, and if

used for a purpose other than agriculture such fine

not exceeding two thousand rupees.

(3) The Collector may, by notice duly served

under the provisions of this Code, prohibit or

require the abatement or removal of encroachments

on any such lands, and shall fix in such notice a

date which shall be a reasonable time after such

notice, on which the same shall take effect.

(4) Every person who makes, causes, permits or

continues any encroachment on any land referred

to in a notice issued under sub-section (3), shall in

addition to the penalties specified in sub-section

(2), be liable at the discretion of the Collector to a

fine not exceeding twenty-five rupees in the case

of encroachment for agricultural purposes and fifty

rupees in other cases for every day or part of a day

during which the encroachment continues after

the date on which the notice takes effect.

(5) An order passed by the Collector under this

section shall be subject to appeal and revision in

accordance with the provisions of this Code.

(6) Nothing contained in sub-sections (1) to (4)

shall prevent any person from establishing his

rights in a civil court within a period of one year

from the date of the final order under this Code.

38. Regularisation of encroachments.— Nothing

in section 37 shall prevent the Collector, if the

Alvara holder or a person in occupation of land

before the appointed day or if the person making

encroachment so desires, to charge the Alvara

holder or the occupant of such land, a market value

as prevailing on the appointed day which shall be

payable within a period of two years from the date

of regularisation of the Alvara or occupation of

land, as the case may be, and the other person who

so desires, to charge the said person a sum not

exceeding five times the value of the land so

encroached upon and to grant the land to the

encroacher on such terms and conditions as the

Collector may impose subject to rules made in this

behalf; and then to cause the said land to be

entered in land records in the name of the said

person:

Provided that no land shall be granted as

aforesaid, unless the Collector gives public notice

of his intention so to do in such manner as he

considers fit, and considers any objections or

suggestions which may be received by him before

granting the land as aforesaid. The expenses

incurred in giving such public notice shall be paid

by the person making the encroachment; and on

his failure to do so on demand within a reasonable

time, shall be recovered from him as an arrear of

land revenue.

39. Value and land revenue how calculated.—

(1) For the purposes of sections 37 and 38 (except

Alvara holder and person in occupation of land

before the appointed day), the value of land that

has been encroached upon shall be fixed by the

Collector according to the market value of similar

land in the same neighbourhood at the time of

such valuation; and the annual revenue of such

land shall be assessed at the same rate as the land

revenue of similar land in the vicinity.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1856

(2) The Collector’s decision as to the value of

land and the amount of land revenue or assessment

payable for the land encroached upon shall be

conclusive, and in determining the amount of land

revenue, occupation for a portion of year shall be

counted as for a whole year.

40. Summary eviction of person unauthorisedly

occupying land vesting in Central Government.—

(1) If in the opinion of the Collector any person is

unauthorisedly occupying or wrongfully in

possession of any land—

(a) vesting in the Central Government; or

(b) to the use or occupation of which he is not

entitled or has ceased to be entitled by reason

of—

(i) any of the provisions of this code, or

(ii) the expiry of the period of lease or

termination of the lease for breach of any of

the conditions annexed to the tenure, or

(iii) it being not transferable without the

previous permission under sub-section (2) of

section 24 or by virtue of any condition

lawfully annexed to the tenure under the

provision of sections 20, 25 or 32, it shall be

lawful for the Collector to summarily evict

such person in the manner provided in sub-

-section (2).

(2) The Collector shall serve a notice on such

person requiring him within such time as may

appear reasonable after receipt of the said notice

to vacate the land, and if such notice is not obeyed,

the Collector may remove him from such land.

Provided that in case the land is unauthorizedly

occupied for the purpose of dumping mining rejects

or like material, the Collector shall proceed to

remove such unauthorized occupation.

(3) A person unauthorisedly occupying or

wrongfully in possession of land after he has ceased

to be entitled to continue the use, occupation or

possession by virtue of any of the reasons specified

in sub-section (1), shall also be liable at the

discretion of the Collector to pay a penalty not

exceeding two times the assessment or rent for the

land for the period of such unauthorised use or

occupation.

LA/LEGN/2017/2514

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 14th December, 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. 26 of 2017)

BILL

further to amend the Goa, Daman and Diu

Town and Country Planning Act, 1974 (Act

No. 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 16A.— In section

16A of the Goa, Daman and Diu Town and

Country Planning Act, 1974 (Act No. 21 of

1975) (hereinafter referred to as the “principal

Act”), in sub-section (2), for the expression

“fine which may extend to Rs. 1.00 lakh”,

the expression “simple imprisonment which

may extend to one year, or with fine of Rs.

10.00 lakh, or with both” shall be substituted.

3. Amendment of section 17B.— In section

17B of the principal Act, in sub-section (1),

for the expression “Rs. 1.00 lakh”, the

expression “Rs. 10.00 lakhs” shall be

substituted.

4. Amendment of section 49.— In section

49 of the principal Act, in sub-section (6),–

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1857

(i)for the expression “within a planning

area”, the expression “within a planning

area or from the Town and Country

Planning Department within a area other

than a planning area” shall be substituted;

(ii) for the expression “in respect of the

planning area”, the expression “in respect

of the planning area or from the Chief Town

Planner (Planning) or such officer as may

be authorised by him by notification in the

Official Gazette, in respect of such other

area” shall be substituted.

______

Statement of Objects and Reasons

The Bill seeks to amend sub-section (2) of

section 16A of the Goa, Daman and Diu Town

and Country Planning Act, 1974 (Act No. 21

of 1975) (hereinafter referred to as the “said

Act”) so as to make the penal provision in

respect of contravention of the regional plan

more stringent.

The Bill further seeks to amend section 17B

of the said Act so as to increase fine for illegal

cutting of hilly land or filling up of any low

lying land, from Rs. 1.00 lakh to 10.00 lakh.

The Bill also seeks to amend sub-section

(6) of section 49 of the said Act so as to

control unauthorised sub-division of land in

non-planning areas.

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 for bringing

into force the Act.

Clause 3 of the Bill empowers the Chief

Town Planner (Planning) to authorise an

officer, by notification in the Official Gazette,

for the purposes of section 49 (6).

These delegations are of normal character.

Porvorim-Goa.

VIJAY SARDESAI

13th December, 2017.

Hon. Minister for

(TCP)

Assembly Hall,

NILKANTH SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

13th December, 2017.

Assembly of Goa

—————

ANNEXURE

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

Extract of Sections 16A, 17B and 49 of the Goa

Daman and Diu Town and Country Planning Act,

1974 (Act 21 of 1975).

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

Section 16A

16A. Development to conform to regional plan.—

(1) No person shall undertake any work of

development in contravention of any provision of

the regional plan as in force, except the project/

schemes/development works under taken by the

Central Government or the Government, either by

himself or through his servant or agent or any other

person and all such development work shall be in

conformity with the provisions of the regional plan.

(2) Whoever

undertakes

any

work

development in contravention of the regional plan

as in force, shall be punished with fine which may

extend to Rs. 1.00 lakh.

(3) As offence under this section shall be

cognizable.

Section 17B

17B. Penalty for contravention of section 17A.—

(1) Whosoever contravenes or abets the

contravention of any of the provisions of section

17A, shall be punishable with simple imprisonment

for a period which may extend to one year or fine

which may not be less than Rs. 1.00 lakh or with

both.

(2) An offence under this section shall be

cognizable.

Section 49

49. Sanction for sub-division of plot or layout of

private street and restriction on registration of

purchase, sale or transfer of immovable property.—

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(1) Any person intending to sub-divide his

plot or make or layout a private street, on or

after the date on which a public notice of the

preparation of a Development Plan is published

under sub-section (1) of section 35, shall submit

the layout plan together with the prescribed

particulars to the Planning and Development

Authority for sanction.

(2) The Planning and Development Authority

may within the prescribed period, sanction such

plan either with or without modifications and

conditions as it considers expedient or may

refuse to give sanction if it is of the opinion that

such sub-division, making or layout is not in

conformity with the proposals contained in a

Development Plan.

(3) When the sanction is granted subject to

conditions or refused, the grounds for imposing

such conditions or such refusal shall be recorded

in writing in the order and such order shall be

communicated to the applicant in the manner

prescribed.

(4) If any person does any work in

contravention of the provisions of sub-section

(1) or in contravention of the modifications and

conditions of the sanction granted under sub-

section (2) or inspite of the refusal of sanction

under sub-section (2), the Planning and

Development Authority may direct such person

by notice in writing to stop any work in progress

and after making an inquiry in the prescribed

manner, remove or pull down any work or restore

the land to its original condition.

(5) Any expenses incurred by the Planning

and Development Authority under sub-section

(4) shall be a sum due to the Planning and

Development Authority under this Act from the

person in default.

(6) Notwithstanding anything contained in

any other law for the time being in force, where

any document required to be registered under

the provisions of sub-section (1) of section 29 of

the Registration Act, 1908, purports to transfer,

assign, limit or extinguish the right, title or

interest of any person, in respect of plots which

are not as per Survey Plan issued by Survey

Department or plots which have no development

permissions for such sub-division from Planning

and Development Authority within a planning

area, no registering officer appointed under the

Act, shall register any document, unless the

owner of such plot produces a certificate of

sanction or a certificate of “no objection” from

the Planning and Development Authority

exercising jurisdiction in respect of the planning

area:

Provided that no such certificate of sanction or

“no objection” shall be required to be produced if

the sub-division of land or the making or layout of

any property results from the rights of inheritance

within a family.

Provided further that no such certificate of

sanction or no objection shall be required to be

produced for the purpose of mortgaging immovable

property in favour of any financial institution

notified by the Government by a notification in the

Official Gazette, for the purpose of this Act.

_____

LA/LEGN/2017/2515

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 14th December, 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 Tax on Infrastructure

(Amendment) Bill, 2017

(Bill No. 27 of 2017)

BILL

further to amend the Goa Tax on Infrastructure

Act, 2009 (Goa Act No. 20 of 2009).

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 Tax on

Infrastructure (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Tax on Infrastructure Act, 2009

(Goa Act 20 of 2009) (hereinafter referred to

as the “principal Act”), in clause (k), after the

expression “home for spastic/retarded

children”, the expression “or housing for

locals under the Government Scheme” shall

be inserted.

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Statement of Objects and Reasons

In the State of Goa, construction industry is

governed by various Acts and Rules. Various

types of fees and tax are also applicable in

order to take up construction activities. The

fees and taxes include, conversion fees,

infrastructure tax, licence fee charged by the

local bodies, stamp paper and registration

fees, besides development charge in case of

areas under jurisdiction of PDAs.

The Goa Tax on Infrastructure Act, 2009 was

enacted for levying tax for providing

infrastructure required for development which

included potable water, electricity and other

amenities. At present the Act exempts smaller

constructions of independent units for

domestic purpose for a built up area of 100m2

and the rate of tax levied Rs. 200 per square

metre of built up area.

The Bill seeks to exempt building

constructed for housing for locals under the

Government Scheme from the levy of Tax on

Infrastructure.

This Bill seeks to achieve the above objects.

Financial Memorandum

Financial implications will be involved as

and when the housing Scheme is framed and

implemented by the Government and the same

cannot be quantified at this stage.

Memorandum regarding delegated

legislation

No delegated legislation is involved in this

Bill.

Porvorim-Goa.

VIJAY SARDESAI

13th December, 2017.

Hon. Minister for

(TCP)

Assembly Hall, N. B. SUBHEDAR

Porvorim, Goa.

Secretary to the Legislative

13th December, 2017.

Assembly of Goa

—————

ANNEXURE

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

Extract of Section 2 of The Goa Tax on

Infrastructure Act, 2009 (Goa Act 20 of 2009)

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

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

otherwise requires,—

(a) “built up area” means all areas which are

built upon and essentially forming part of the

building/buildings and includes,—

(i) floor area i.e. covered area of the building/

buildings in all floor levels added together;

(ii) balcony/verandah/passages/lobby;

(iii) mezzanine floor;

(iv) swimming pool whether covered or

uncovered;

(v) staircases including fire escape staircase,

ramps (internal and/or external);

(vi) lift area at one level;

(vii) atrium/podium;

(viii) terraces at intermediate floors; and

(ix) equipment room, generator room, security

room; but does not include areas of open terraces

on the top most floor of the building/buildings,

un-storeyed porch, septic tanks, soak pits, sewage

treatment plants, man holes, drainage, gutters,

chambers, wells, fountains, steps, water tanks,

sumps, rain water harvesting tanks, structures for

handling/sorting of waste having a height of not

more than 2.5 meters and having opening on at

least two sides, pump house admeasuring an area

not exceeding six square meters, swing frames,

compounds and gates;

(aa)”classification of land” means the

classification assigned to land by zoning or use;

(b) “commercial building” means a building

or structure consisting of shop, godown or office

premises, either on ground floor or any other floor,

used wholly or partly for business activities;

authority or officer of the Government, as the

Government may, by notification in the Official

Gazette, specify;

(d)

(e) “Government” means the Government of

Goa;

(f) “industrial building” means any building

or structure constructed for the purpose of

carrying out medium and large scale industrial

activities within or outside the areas earmarked

and notified as industrial estates/areas, but does

not include building constructed for carrying out

small scale industrial activity;

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1860

(g) “infrastructure” means the provision of

potable water, electricity and other amenities like

roads, drains, foot paths, sewerage system, etc.;

(h) “local authority” means a Municipal

Council constituted under the Goa Municipalities

Act, 1968 (Act No. 7 of 1969) or a Panchayat

constituted under the Goa Panchayat Raj Act, 1994

(Act No. 14 of 1994) or a Municipal Corporation

constituted under any law and includes the Goa

Industrial Development Corporation constituted

under the Goa Industrial Development Act, 1965

(22 of 1965);

(i) “notification” means a notification

published in the Official Gazette;

(ia) “other building” means a building or

structure other than residential building,

commercial building, industrial building and

other industrial building;

(ib) “other industrial building” means any

building or structure constructed for the

purpose of carrying out small scale industrial

activity within or outside the areas earmarked

and notified as industrial estates/areas and

includes building or structure constructed for

carrying out the activity by ‘small scale

industrial undertaking’ as defined in clause (j)

of section 3 of the Industries (Development and

Regulation) Act, 1951 (Central Act 65 of 1951)

and/or the notification/order issued

thereunder or by ‘micro enterprise’ or ‘small

enterprise’ as defined in clauses (h) and (m)

respectively, of section 2 of the Micro, Small

and Medium Enterprises Development Act,

2006 (Central Act 27 of 2006);

(j) “prescribed” means prescribed by the rules

made under this Act;

(k) “residential building” means any building

or structure consisting either of a single self

contained unit having built up area of more than

100 square meters or more than one independent

unit used for domestic purpose but does not

include building constructed for educational

institution, orphanage, old age home, home for

spastic/retarded children or by any other non-

profitable organization and such other

organizations as may be notified by the

Government in public interest;

(l) “Schedule” means the Schedule appended

to this Act.

LA/LEGN/2017/2516

The following bill which was introduced

in the Legislative Assembly of the State of Goa

on 14th December, 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 Agricultural Produce Marketing

(Development and Regulation)

(Amendment) Bill, 2017

(Bill No. 28 of 2017)

BILL

further to amend the Goa Agricultural Produce

Marketing (Development and Regulation)

Act, 2007 (Goa Act 11 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 Agricultural

Produce Marketing (Development and

Regulation) (Amendment) Act, 2017.

(2) It shall come into force at once.

2. Amendment of section 12.— In section 12

of the Goa Agricultural Produce Marketing

(Development and Regulation) Act, 2007 (Goa

Act 11 of 2007) (hereinafter referred to as the

“Principal Act”), for sub-section (1), the

following sub-section shall be substituted,

namely:—

“(1) Subject to the provisions of sub-

section (2), the Marketing Board shall

consist of the following eighteen members,

namely:—

(a) Twelve agriculturist members to

represent agriculturists, one from each

taluka of the State of Goa, to be elected

by the agriculturists only from the

respective taluka;

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1861

(b) two female agriculturists members,

one each from the North Goa District and

the South Goa District, to be elected by

the agriculturists only in the manner

prescribed;

licence to be elected from amongst

traders of all classes;

(d) two members to be nominated by

the Government, one being from the office

of the Registrar of Co-operative Societies,

Government of Goa, and other being from

the Department of Agriculture,

Government of Goa, to function during the

term of the Marketing Board;

(e) the Secretary of the Marketing

Board, to function during the term of the

Marketing Board.”.

3. Amendment of section 13.— In section

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

the second proviso, the following proviso shall

be substituted, namely:—

“Provided further that person who is a

member of the Marketing Board by virtue

of he being a representative of traders shall

hold office so long as he continues to hold

“A” or “B” class licence.”.

4. Amendment of section 20.— In section 20

of the principal Act, for the expression “clauses

(a), (b), (d), (f) and (g)”, the expression

“clauses (a) and (b)” shall be substituted.

5. Amendment of section 42.— In section

42 of the principal Act, for the expression “The

Marketing Board may employ a Secretary” the

expression “The Marketing Board shall

employ an official deputed by the Government

from the Registrar of Co-operative Societies,

not below the rank of Assistant Registrar of

Co-operative Societies”, shall be substituted.

6. Amendment of section 51.— In section 51

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

clause (iii), the following clause shall be

inserted, namely:—

“(iv) the applicant has not traded in

notified agricultural produce during the

period of licence.”.

Statement of Objects and Reasons

The Bill seeks to amend sub-section (1) of

section 12 of the Goa Agricultural Produce

Marketing (Development and Regulation) Act,

2007 ( Goa Act 11 of 2007) (hereinafter referred

to as the “said Act”) so as to discontinue

membership of elected representatives of Co-

operative Societies dealing in notified

agricultural produce, cashew growers,

horticulturists, floriculturists on the Marketing

Board, as their voting rights are already

included in voters list of agriculturist for the

general election to the Marketing Board. The

amendment to sections 13 and 20 are

consequential in nature.

The Bill further seeks to amend sub-section

(1) of section 42 of the said Act, so as to make

provision for appointment of an official from

Registrar of Co-operative Societies, not below

the rank of Assistant Registrar of Co-operative

Societies as Secretary of the Marketing Board.

The Bill also seeks to amend sub-section (4)

of section 51 of the said Act, so as to not allow

renewal of licence of person who does not deal

in notified agricultural produce during the

term of his licence.

This Bill seeks to achieve the above Objects.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum regarding delegated legislation

No delegated legislation is envisaged in this

Bill.

Porvorim, Goa. MANOHAR PARRIKAR

13th December, 2017. Minister for Co-operation

Assembly Hall, N. B. SUBHEDAR

Porvorim, Goa. Secretary to the

13th December, 2017. Legislative Assembly of Goa

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1862

ANNEXURE

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

Extract of the Goa Agricultural Produce

Marketing (Development and Regulation)

Act, 2007 (Goa Act 11 of 2007)

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

Section 12. Constitution of the Marketing Board.—

(1) Subject to the provision of sub-section (2), the

Marketing Board shall consist of the following

twenty three members, namely:—

(a) Twelve agriculturist members to represent

agriculturists from each taluka of the State of Goa,

to be elected by the agriculturists only from the

respective talukas;

(b) two female agriculturists members, one

each from the North Goa District and the South

Goa District to be elected by the agriculturists

only in the manner prescribed;

to be elected from amongst traders of all classes;

one from North Goa District and another from

South Goa District;

(d) one Chairman of a co-operative society

registered in the State of Goa, having a valid

license from the Marketing Board, doing the

business of notified agricultural produce in the

market area, to be elected from amongst the

Chairmen of co-operative societies;

(e) two members to be nominated by the

Government, one being from the office of the

Registrar of C-operative Societies, Government of

Goa, and other being from the Department of

Agriculture, Government of Goa, to function

during the term of the Marketing Board;

(f) two cashew grower members, one each from

the North Goa District and the South Goa District,

to be elected by the cashew grower of the

respective District from amongst themselves;

(g) one horticulturist/floriculturist member, to

be elected, by rotation, by the horticulturist/

/floriculturist of the State of Goa;

(h) the Secretary of the Marketing Board to

function during the term of the Marketing Board.

Section 13. Election and term of office of

members.— (1) The members shall be elected in the

prescribed manner. Such rules may also provide for

the determination of constituencies, the preparation

and maintenance of the list of voters, persons

qualified to be elected, disqualifications for being

chosen as, and for being a member, the right to vote,

the payment of deposit and it’s forfeiture, the

determination of election disputes and all matters

incidental and ancillary thereto, including

provisions regarding election expenses.

(2) Except as otherwise provided in this Act, the

members of the Marketing Board (not being a

Marketing Board constituted for the first time) shall

hold office for a period of five years and the members

of the Marketing Board constituted for the first time

shall hold office for a period of two years:

Provided that, where the general elections of

the members of Marketing Board could not be

held before expiry of the term of office of its

members as aforesaid, the Government may, by

order published in Official Gazette, extend from

time to time, the term of office of the members of

the Marketing Board, so however that, the period

for which the term of office is so extended shall

not exceed the period of one year in the aggregate:

Provided further that person who is a member

of the Marketing Board by virtue of he being a

Chairman of a Co-oprative Society, shall hold office

so long as he continues to be such Chairman and

incase of a member who is a representative of

traders shall hold office so long as he continues

to hold “A” class licence.

(3) The names of all the members of the Marketing

Board shall be published by the Government in the

Official Gazette and upon such publication, the

Marketing Board shall be deemed to be duly

constituted.

Section 20. Election of Chairman and Vice-

Chairman.— The meeting of the Marketing Board

shall be presided over by the Chairman and in the

absence of the Chairman, by the Vice-Chairman. The

Chairman and the Vice-Chairman shall be elected

by the members of the Marketing Board, excluding

the Secretary of the Marketing Board and the

Government nominees. Only the members as

mention in clauses (a), (b), (d), (f) and (g) of

sub-section (1) of section 12 shall be eligible to

contest the elections for the post of Chairman or the

Vice-Chairman.

Section 42. Power of the Marketing Board to

employ staff.— (1) The Marketing Board may employ

a Secretary and such other Officers and servants as

may be necessary for the Management of the Market

and for the collection, maintenance, dissemination

and supply of information relating to crops, statistics

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1863

and Market intelligence and for carrying out its

duties under this Act and shall pay such Officers

and servants such salaries and allowances, pension

or gratuity as the Marketing Board thinks fit and

shall contribute to any provident fund and pension

fund which may be established for the benefit of

such employees:

Provided that all posts other than that of a

Secretary, save as such general or special

directions issued by the State Marketing Officer

in this behalf, shall be created with the prior

approval of the State Marketing Officer.

(2) The Secretary of the Marketing Board shall be

the Chief Executive Officer and the custodian of the

records and properties of the Marketing Board who

shall exercise such powers as are conferred and

perform such duties as are imposed upon him by or

under this Act.

(3) The powers conferred by this section on the

Secretary of the Marketing Board shall be exercised

subject to any rules which may be made in that behalf

by the Government.

Section 51. Registration of functionaries.— (4) The

Marketing Board may refuse to register or refuse to

renew the registration on any of the following

grounds:—

(i) the applicant is a minor or the application

is not bonafide;

(ii) the applicant has been declared defaulter

under any Act or rules or bye-laws made

thereunder;

(iii) the applicant has been found guilty under

this Act.

Assembly Hall,

Shri NILKANTH SUBHEDAR,

Porvorim, Goa.

Secretary to the Legislative

13th December, 2017.

Assembly of Goa.

———ttt———

Department of Industries

—

Notification

3/12/2017-IND

Sub.: Goa Tribal’s Employment Generation

Programme (GTEGP) SCHEME, 2017.

1. Introduction:— 1.1 The scheme is named

as “Goa Tribal’s Employment Generation

Programme (GTEGP) Scheme”. The scheme

is notified in view of the direction of Planning

Commission, Government of India to direct

benefits to the families of Scheduled Tribes.

1.2 Goa State has around 1,80,000 Tribal

population (12%) notified under the

communities of Gauda, Kunbi and Velip living

in almost all talukas. The families of these

communities live in the remote foot hill areas

of Western ghats, rural areas, villages, semi

urban and urban areas who primarily have an

agranan economy. The school drop outs,

unemployed female and male persons are to

be provided with entrepreneurship skills to

take on the challenges of life in the present

industrialized economy of the State. They

should be guided and provided with monitory

and material facilities to come out of poverty,

to get self-employed and to generate

employment among the Tribal Communities

of the State.

2. The objectives of the Schemes are.— (1)

Improve Entrepreneurship Skills.

(2) Self Employment and Generation of

employment.

(3) Improvement in living conditions, and

upliftment.

(4) Flow of funds to the target families from

Government schemes.

(5) Long term sustainable economic

activities in the villages.

(6) Tribals to catch up with changing

economy of the Industrialized and Tourist

destination State.

(7) Exposure to inter-institutional financial

facilities and entrepreneurial activities.

(8) Co-operativisation of enterprises and

co-ordinations.

3. Eligibility.— (1) Any individual who has

studied upto 4th Std. and above, and of 18

years of age but not above 45 years of age.

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(2) The applicant must be a member of Tribal

Community notified by the Government of Goa.

4. Ventures for GTEGP.—

4.1 The ventures for GTEGP are:—

(i) Micro and Small Manufacturing

Enterprises.

(ii) Service Enterprises.

(iii) Trade Enterprises.

(i) Micro and Small Manufacturing

Enterprises.— An applicant desirous of

producing food products, domestic

instruments made of metal and plastic,

school uniforms, police uniforms, ancillary

products for big Industrial Units, rice and

flour mill, making of poultry and cattle

feed or any other suitable industrial

activity, can set up a manufacturing unit

in his house campus or in a community

industrial shed constructed by the

Panchayat or Co-operative Society as a

cluster etc. The cost of project includes

the value of shed.

(a) Extent of Assistance.— Under

this category, enterprises can avail a

maximum loan of Rs. 25 lakhs and avail

40% subsidy. Such an enterprise

cannot be transferred to any other

person during the subsistence of the

loan.

(ii) Service Enterprises.— Activities

under service enterprises like taxi or

motor bike service, taxi car, passenger

rickshaw, goods carrier, modern saloon,

beauty parlour, motor bike and car

workshops, tyre vulcanizing, truck and

bus workshop and similar activities are

included. The project cost includes the

cost of shed.

(a) Extent of Assistance— Under this

category an enterprise can avail loan

upto Rs. 15 lakhs and further avail 40%

subsidy. Such an enterprise cannot be

transferred to any other person during

the subsistence of the loan.

(iii) Trading Enterprises.— Trading

enterprises include buying and selling of

products like setting up of grocery shops,

tyre shops, stationery shops, hotel, tea

shop, electrical goods shop, plumbing

materials shop, purchase of agricultural

products from villages and selling to the

city markets etc. or any other suitable

trading activity including electronic

goods and medical stores etc.

(a) Extent of Assistance.— The

amount of loan available is up to Rs.15

lakhs to open such an activity, and

further avail subsidy upto 40% of the

project cost. The value of shop, fittings,

furniture etc., can be included in the

project cost. Such an enterprise cannot

be transferred to any other person

during the subsistence of the loan.

5. Implementing Agency.—

5.1 The DITC will get the funds/

/subvention sanctioned from Government

and place the same at the disposal of EDC

Ltd. The Directorate of Industries, Trade &

Commerce shall transfer all the pending

applications received from the previous

implementing agency to EDC Ltd.”, which

shall be scrutinized and disbursed as per

the guidelines of this scheme by EDC Ltd.

6. Mode of placing funds to EDC Ltd.—

6.1 The demand for initial funds will be

signed by the Managing Director, EDC, Ltd.

and submitted to DITC. The subvention will

be sanctioned by the Government and

disbursed immediately in favor of EDC Ltd.

The initial amount shall be Rs. 2 crores to

operate the scheme. Once the amount of

Rs. 2 crores is exhausted and if more

applications for financial assistance are

received or anticipated, EDC Ltd. can place

claim for more funds upto Rs. 3 crores with

the resolution of the Board. The DITC shall

seek

administrative

approval

and

expenditure sanction as and when the

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1865

demand is placed by the EDC, and place

the approved funds at the disposal of EDC

Ltd. The fund requirement of the EDC Ltd.

from Directorate of Industries, Trade &

Commerce may be adjusted with the

amount repaid/recovered from beneficiaries

of earlier years and can be reused to finance

the new beneficiaries.

7. Submission of applications.—

7.1 The applications for financial

assistance shall be received by EDC Ltd.

alongwith the relevant documents. The

application shall be supported by the

following documents:—

(1) Caste certificate.

(2) Birth certificate.

(3) Domicile certificate.

and such other documents, reports

required by the EDC Ltd. from time to time.

All necessary application forms shall be

devised by EDC Ltd. as required from time

to time.

8. Task Force Committee for GTEGP.—

8.1 The Task Force Committee is

constituted as follows:—

(1) MD, EDC Ltd.— Chairman

(2) The Deputy Director, Tribal Welfare

or his representative— Member

(3) Representative of Association of

Tribals appointed by the Director, Tribal

Welfare— Member

(4) Deputy Director (Adm.), DITC—

Member

(5) A Chartered Accountant appointed

by the Government— Member

9. Task Force Committee Meeting.—

9.1 The EDC Ltd. shall fix the date of

meeting as required based on the number

of applications received, in consultation

with the Chairman and members of the Task

Force Committee.

10. The loan part of the project shall be

repayable in 60 to 120 monthly instalments as

may be decided by the TFC after a moratorium

of 3 to 6 months.

11. The service charge for the EDC Ltd. is

Rs. 30,000 for Rs. 1 crore of subventions for

disbursement to beneficiaries and 1% on the

recovery amount of interest per year.

12. For the disbursed and outstanding loan

amounts with the loanee the rate of interest

will be 2% fixed by Government in the

subvention sanction order.

13. In case of default in repayment of loan,

the amount can be recovered as arrears of land

revenue or under The Goa, Daman & Diu

Public Moneys (Recovery of Dues) Act and

Rules and any other relevant rules thereof.

14. The EDC Ltd. Shall furnish half yearly

statement to DITC showing the amounts

received from the Government and disbursed,

subsidy allowed, amount recovered, interest

collected and service charges debited. The

Funds Utilization Certificate for Subsidy

component shall also be submitted regularly.

15. Incase the applicant has not undergone

Entrepreneurship Development Programme

they shall undergo EDP within 6 months from

the date of sanction conducted by EDC Ltd.

16. The subventions to EDC Ltd. and other

expenditures related to the GTEGP will be

debited from the Major Head:—

Demand No. 19.

4851— Capital Outlay on Village and Small

Industries;

796— Tribal Area Sub Plan;

01— Scheduled Tribe Development Scheme

(Plan);

55— Loans and Advances.

17. The prospective applicants may avail

pre-entrepreneurship counselling from the

concerned officer in the office of EDC Ltd.

18. The repayment and recovery of loan

instalments will be in the Equated Monthly

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1866

Instalments and no penal interest may be

applied.

19. The EDC Ltd. shall decide about the

appropriate collateral security, legal

documentation and disbursement procedure

for the loan disbursed.

20. In the project report of the Micro and

Small Manufacturing Enterprises proposals,

working capital upto 35% of the cost of the

project may be allowed and a fixed capital

upto a limit of 65% of the project cost. For all

service units and trading units except

agricultural produce trading, the goods of

trade upto 80% shall be treated as working

capital and 20% shall be allowed as fixed

capital. In case of agricultural produce trading

100% funds may be allowed as working capital

like for selling of fish, vegetables, aracanut,

coconut, packed milk, etc. This trading can

be financed with carrier rickshaw either with

refrigerator or regular one to transport goods.

21. Farming activities, Tobacco products and

red category Industries are not eligible for

availing benefit under GTEGP scheme.

22. If any question arises, regarding

interpretation of any clause, word, expression

of this scheme, or any guidelines pertaining

to effective implementation of the scheme, the

decision shall lie with the Task Force

Committee, which shall be final and binding

on all concerned.

23. Saving Clause:— The recovery of the

loans which have been disbursed under the

GTEGP vide notification No. 3/106/2011/IND

dated 13-12-2012 shall be recovered and

remitted to the Government by the TMCCS as

per the clauses mentioned in that scheme and

the Goa Tribal Employment Generation

Programme scheme as notified vide

notification stated above shall remain in force

for this limited purpose of recovery until the

entire process of recovery is completed.

24. This issues in supersession of the

Notification 3/106/2011-IND dated 13-12-2012

published in the Official Gazette, Series I No.

42 dated 17th January, 2013.

This has been issued with the concurrence

of Finance (Expenditure) Department vide

U.O. No. 1400044109 dated 05-12-2017.

By order and in the name of the Governor

of Goa.

A. S. Mahatme, Under Secretary (Industries).

Porvorim, 14th December, 2017.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

—

Notification

10/8/2017-LA/209

The Indian Forest (Amendment) Ordinance,

2017 (Ordinance No. 6 of 2017), which has

been promulgated by the President on

23-11-2017 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

23-11-2017, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 13th December, 2017.

_____

Ministry of Law and Justice

(Legislative Department)

—

New Delhi, the 23rd November, 2017/

/Agrahayana 2, 1939 (Saka)

The Indian Forest (Amendment)

Ordinance, 2017

No. 6 of 2017

Promulgated by the President in the Sixty-

-eighth Year of the Republic of India.

An Ordinance further to amend the Indian

Forest Act, 1927.

Whereas Parliament is not in session and

the President is satisfied that circumstances

exist which render it necessary for him to take

immediate action;

OFFICIAL GAZETTE — GOVT. OF GOA

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1867

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

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

Ordinance may be called the Indian Forest

(Amendment) Ordinance, 2017.

(2) It shall come into force at once.

2. Amendment of section 2 of Act 16 of

1927.— In the Indian Forest Act, 1927, in

section 2, in clause (7), the word “bamboos”

shall be omitted.

RAM NATH KOVIND

President.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

———ttt———

Department of Science, Technology &

Environment

—

Goa State Solar Policy, 2017

1. Preamble:— Solar energy is the most

secure of all energy sources. It is abundantly

available. It can be easily converted into

electrical energy. Production of electrical

power and its easy availability at regulated

rates is an established benchmark of

development. No major economic activity can

be sustained without adequate and reliable

sources of power. The challenges of Climate

Change and Global Warming resulting from

burning of fossil fuels are continuously

threatening the world community. Solar Power

generation offer an environmentally safe and

sustainable alternative.

Goa is richly endowed with moderate

climate and bright sunshine for almost 8-9

months in a year for generating solar power.

The State of Goa entirely depends on thermal

energy generated in other States. Goa being

eco-sensitive, no Thermal Energy generation

is possible in the State. Hence in order to attain

self-reliance in Power generation and to

promote clean source of Power, Solar Policy is

being adopted. This would result in reduction

of carbon emissions.

The challenge before the State Government

is not only to meet the ever growing demand

for power but also to progressively increase

the share of Renewable Sources in the energy

- mix so as to achieve overall energy security

and also to meet the Renewable Purchase

Obligation (RPO) as per the target fixed by

appropriate authorities from time to time. It can

be done by promoting the systematic tapping

of the solar energy potential to the maximum.

Technological improvements have now made

generation of solar energy economically viable

and would lead to reduction of expenditure of

the State in purchase of Conventional Power

from the Grid.

An appropriate policy framework is

therefore essential to promote the Solar Energy

generation initiatives. Therefore, the State

Government is pleased to introduce the “Goa

State Solar Policy - 2017”, as under:

2. Title of the policy:— This policy shall be

known as the “Goa State Solar Policy - 2017”.

3. Legislative framework for policy:—

Several provisions under the Electricity Act,

2003 mandates the Electricity Regulatory

Commissions and the Government’s to take the

necessary steps for promotion of renewable

energy. The Section 108 and Section 109 of the

Electricity

Act,

2003

mandates

the

Government to give directions to the State

Commission in the matter of policy involving

public interest. Accordingly, the State

Government in exercise of its powers has

formulated this Policy.

4. Operative period:— This policy shall come

into effect from the date of notification in the

Official Gazette in the State of Goa and shall

remain in operation up to 7 (seven) years.

However, this is subject to modifications as

may be made by Government of Goa from time

to time, without jeoparding the already signed

Agreement or MOU. Even though, the policy

will be in operation for 7 years, all Agreements

OFFICIAL GAZETTE — GOVT. OF GOA

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1868

and PPAs signed under this policy shall be

valid for the period of Agreement/PPA.

5. Category for generating solar power:—

(5.1) Category I: Prosumer— “Prosumer” is

a Consumer having an already connected load

with the Goa Electricity Department (GED)

and is also a Producer of Solar Power. Prosumer

is categorised into two types namely Small and

Large.

(a) Small Prosumer is a person already

having an LT connection i.e. connected load

upto 100kW with GED. It will include

Residential, Commercial, Institutional or

Industrial consumers. They are allowed to

go for Gross metering upto 100kW or the

connected load, whichever is lower. The

feed in tariff will be as per the Joint

Electricity Regulatory Commission (JERC)

approved solar tariff rates for that year. The

solar power plant can be installed on

rooftop or ground based within the same

premises. The area/boundary of the

premises will be as existing on date of

Notification of this policy. However, the

Small Prosumer is also allowed to opt for Net

metering, if he chooses so.

(b) Large Prosumer is a person having an

HT connection i.e. connected load above 100

kW with GED. It will include Residential,

Commercial, Institutional or Industrial

consumers. All large prosumer shall be

allowed to go for Net metering only. The

feed in tariff will be as per JERC approved

solar tariff rates for that year for the surplus

energy exported as per the net metering

mechanism of JERC. The solar power plant

can be installed on rooftop or ground based

within the same premises. The area/

/boundary of the premises will be as

existing on date of Notification of this policy.

(5.2) Category II : Producer— The Producer

is an entity intending to set up a Solar Power

plant with a capacity of more than 100kW

exclusively for sale of power to the

Distribution Licensee under gross metering

as per the tariff discovered by Reverse

Bidding. The solar power plant can be

installed on rooftop or ground based.

Producers are allowed to participate in

reverse bidding for four sizes of installation

i.e. (i) 100kW to 1MW, (ii) 1MW to 5MW, (iii)

5MW to 10MW and (iv) 10MW & above. The

producer will be selected through Reverse

Bidding on the basis of the maximum

discount offered on the levillised tariff fixed

by the JERC for the solar power plant for that

year. At the above discovered price of Solar

tariff for that slab/size, the GED will enter into

a Power Purchase Agreement (PPA) with all

intending producers subject to availability

of infrastructure for evacuation of power.

I. Norms/Conditions Applicable for

Reverse Bidding:— In order to keep away

speculative bidding and to ensure

participation of only serious power

producers, following conditions for bidding

shall apply:—

i. Price: Price for supply of solar power

shall be as per the discount offered on the

levellised tariff rate as declared by JERC

and duly notified as on the last date of

responding to the Expression of Interest

(EOI)/bidding.

ii. Eligibility: Besides other General

Condition of EOI/bidding, only those who

have firm proof of land in their ownership

or NOC/confirmation from the owner of the

land regarding his intention to lease out

the land to the bidder (in case of bidder

being successful in the bid) for a period

equal to or more of the period of PPA shall

be considered.

iii. The term for starting of supply from

completion of bidding process & execution

PPA shall be as mentioned at point No. 12

of this policy.

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1869

iv. The solar capacity to be approved for

each year for all the 04 slabs as mentioned

above at para 5.2 shall be separately notified

by the Government at the time of bidding.

However, an information on future

requirement for 5 yrs. will be indicated. The

lowest bidder in each slab shall have the

right to go for PPA for the whole capacity

allocated to that slab. In case he desires to

restrict to only his quoted capacity in the

bid, then other bidders in that slab will be

given the option to match the L1 rate. Incase

they agree for the same, then PPA at L1 rate

upto allocated capacity of that slab will be

entered with them. In case there are more

bidders than the allocated capacity in that

slab, then priority will be given in terms of

next lowest bidder and so on i.e. from L1 to

L2 to L3 and so on till the whole capacity in

the slab is exhausted. In case even after

signing of PPA with all bidders in that slab,

the capacity is still left, then only non-

-bidders will be given the option to enter

into PPA at L1 rate at the discretion of the

Government.

v. Permissible delays and Penalty

thereof:—

(a) Any delay though condoned, shall

not increase the period of PPA. Thus while

delay could be permitted to the extent

permissible on payment of penalty, the

total time frame of PPA shall remain

unaltered.

(b) Maximum delay permissible to start

the supply shall be 12 months. However,

the State Government at its discretion

may permit further delay of upto 12

months on payment of twice the penalty

levied for the 1^stdelay permitted, prorata

to the delay time on day basis. Provided

that inspite of delays of first 12 months as

permitted and subsequent discretionary

delay, if permitted by Government of Goa,

do not result in supply, then the PPA

stands null & void and all Bank

Guarantees shall be encashed.

intention of supply three months prior to

date as scheduled in PPA. Failure to give

this notice will automatically be

considered as delay until the notice is

received for 90 days for intention to begin

supply. Delay accordingly will be

calculated in days and penalty will be

imposed as per rules.

(d) For supply to be considered as valid

supply, atleast 50% of power as per PPA

should be made available. Failure will be

treated as breach of contract & one

month supply value equivalent BG will

be encashed or penalty imposed.

However the supply will be paid at the

contract rate.

(e) Upto 10% lower supply quantum

will not attract penalty. Anything above

10% & upto 50% will be levied penalty at

5% of value of supply that is missing

above the 10% threshold.

(f) For delay upto 12 months, the

bidders shall pay penalty equal to 5% of

value of energy committed for every day

of delay. For delay upto next 12 months

(if approved by Government), the penalty

will be at twice the rate as already

mentioned at point (b) above.

(g) The bidder will have to provide 6

BGs each equivalent to 30 days supply

for the capacity of the plant size he has

quoted based on his own expectation of

generation. The bidder shall clearly

mention the size of the plant he plans to

install and the minimum average units

per KW per month that he commits to be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1870

generated from the same. This will be the

basis for calculation of his value of BGs

and penalties, if any, in case of default.

(h) PPA shall not take into consideration

the rainy season wherein supply as

available will be considered for payment

and above clauses (a) to (g) shall not be

applicable. The start of rainy season shall

be date of onset of monsoon as declared

by Meteorology or the day in June when

seasons rains cross 15 cms. whichever is

early & will last for purpose of this PPA

for 75 days from that date.

(i) The BG submitted shall be valid for

atleast 02 years. Out of six BG two BG (of

one month each) shall be kept valid

throughout the period of PPA, failing

which equivalent amount of billing will

be frozen. The B/L BG shall be returned

after 6 month of successful operation

(6 month of Non default operation after

commissioning) or validity of BG

whichever is later and the operator is

required to extend the BG till such

condition is achieved in case the same

happens after 02 years.

(j) Both the penalties i.e. for delay in

supply or for short supply, shall be levied

simultaneously if there is a default on both

the accounts. However, in case one

month BG is encashed in any month

because of short supply, then no other

penalty in that month shall be imposed

to save the bidder from double whammy.

6. Solar Power Plants under Renewable

Energy Certificate (REC) Mechanism:— The

State Government shall promote the

development of solar power plants under the

Renewable Energy Certificate mechanism

specified by the Central Electricity Regulatory

Commission. Under the REC mechanism the

producer will set up the solar plant and sell

the power to GED at average power purchase

cost. The solar power generator will be

permitted to sell the REC as per the market

mechanism. The State shall not claim any

benefit for REC.

7. Third Party Sell Solar Power:— The State

shall promote development of solar power

plant sale of electricity to third party other than

GED. The producers who are intending to set

up the solar power plant within the State and

sell the solar power so generated to the third

party beside GED would have their own

private power purchase agreement with any

third private party. The producer will have to

pay the wheeling charges as per JERC rates.

However, the State Government/GED reserve

the right to procure 10 percent of the power

so generated at the agreed price between

solar producer and third party buyer or at

JERC tariff for that year or the reserve bidding

price identified for that plant size, whichever

is lower.

8. Roof top Solar Power Generation through

RESCO:— Under the Renewable Energy

Service Company (RESCO) model instead of

prosumers the RESCO will invest on behalf of

one or more roof top owner in the housing

colony, towns, etc., on their roof tops and will

sell the power so generated to GED. The

owners of the rooftops will have their own

agreement with the RESCO. The GED will enter

into the power purchase agreement with the

RESCO for 25 years for the purchase of power

at JERC approved solar tariff rates in that year.

9. Land:— Producer should identify suitable

Rooftop or Private land for atleast 25 years for

their projects within the State of Goa.

a) To generate solar power, conversion

of land is not needed. However, the Rooftop

identified shall be a legally approved

structures only.

OFFICIAL GAZETTE — GOVT. OF GOA

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21ST DECEMBER, 2017

1871

b) 2% of the total area can be used for

construction, operation and Office set up

subject to a maximum of 200 sq. mtrs./per

MW.

c) No Town & Country Planning (T&CP)

permission will be required for setting up

of solar farm including construction for

operational space as mentioned at (b) above.

d) For the rooftop installation of 100kW

and above, the building structure needs

stability certificate from PWD/Chartered

Engineers. Apart from structural stability

certification, nothing else is required.

e) No Gram Panchayat/Urban Local

body/T&CP Department Construction

licence/NOC/Completion certificate will be

required.

f) For Communidade land, the lease rent

agreed to between the solar power

producer and the Communidade will have

to be approved by General Body of the

Communidade and the State Government.

g) Separate Policy will be formulated for

the allotment of Government land and or

buildings.

10. Subsidy/Incentives:—

a) The Subsidy received from the

Government of India will be credited to the

prosumer/developer as per the guidelines

of Ministry of New & Renewable Energy

(MNRE).

b) For Small Prosumers i.e. for solar plants

of upto 100kW size, the State Government

shall grant 50% of the Capital Cost or the

benchmark cost provided by MNRE

whichever is lower, as interest free loan,

which will be recovered in instalments after

six months onwards, from the time power

flows into grid. The recovery will be made

from the payment to be made to the

generator for every kWh supplied to the

grid. The recovery will be at Rs. 4 per kWh

or JERC feed in tariff rate whichever is

less.

c) The State Government shall provide a

subsidy of 30% of capital cost or the

benchmark cost provided by MNRE,

whichever is lower, for plants of size upto

100kW for the standalone systems including

the cost of battery (Off-grid Systems) which

will be released by way of Rupee 1 for every

unit of power generated and will be paid

once in six months. A sealed tested Energy

meter form GED is required to be installed

at the generation side to measure the solar

power generation. No payment shall be

made to such producer under Net/Gross

metering to avoid possibility of Double

benefit.

d) For Small Generators, the meters will

be rented out on payment of monthly fees.

In case of Large Generators, the certified/

/approved meters shall be procured at their

cost.

11.

Grid Connectivity, Safety and Billing

Cycle:— The cumulative solar capacity allowed

at a particular Distribution Transformer (DT)

shall not exceed the 30% of the peak capacity

of the DT. GED will undertake power cable

connectivity and charge it to the installer with

due installation charges.

The Billing cycle for large prosumers will be

monthly and the settlement period will be six

months basis. However for the educational

institutions, it will be annual from April

onwards. The billing cycle for small prosumers

and for producers shall be on monthly

basis and their settlement will be within next

30 days.

OFFICIAL GAZETTE — GOVT. OF GOA

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21ST DECEMBER, 2017

1872

For all the grid connected and battery

backup stand-alone installations, all the

instrumentation, operating unit specifications

and safety norms will as per the guidelines

of JERC and MNRE but State specific. These

will be specified, reinforced and checked

periodically by GED.

12.

Administrative Modalities:— Every

Prosumer and Producer in the State will have

to enter in PPA with the GED for the period of

25 years and the tariff will remain fixed for

the period and required to submit account

of the power generated annually before year

end.

The disputes related to the power sale to

GED will have to be settled through the

empowered committee constituted by the

State as notified.

The Prosumer shall have the right to

terminate the PPA at any time by serving a

written notice of 90 days in advance to the

GED.

All the Solar/RE power projects will have

to be initiated through GEDA, the MNRE nodal

agency which will serve as single window

dealing with projects.

13.

Roll of State Nodal Agency Geda:—

(a) Announcement of Scheme: The Nodal

Agency shall bring out a comprehensive

scheme to implement the targets of

Renewable Energy (RE). The scheme

should elaborate the appropriate process for

invitation of bids/applications, incentives

and central financial assistance, if any,

targets, implementation mechanisms etc.

(b) Allotment of the Solar Power

Capacities: The Nodal Agency shall, from

time to time, undertake the process for

allotment of solar power capacities to the

project developers. The Nodal Agency in

consultation with the related stakeholders

shall announce the process for allotment of

solar power capacities.

Power Plant: The Nodal Agency shall,

facilitate the project developers in Setting

up of solar projects including sanctions/

/clearances from number of Government

agencies/departments.

The

State

Government will provide requisite

clearances through a “Single Window

Clearance Mechanism”. It will be operated

through GEDA.

(d) Identification of Government Land

and Facilitation of its allotment for Solar

Power Plant Development: The Nodal

Agency shall identify Government land and

shall co-ordinate with the Government

departments,

prepare

transparent

procedure, take necessary approvals and

clearances for the allotment of Government

Land to the project developers for the

development of power plant subject to

policy formulated by Government as per

9(g).

(e) Support in availing the Subsidy: The

Nodal Agency shall facilitate the prosumer/

/producer to avail the subsidy, if any,

available from Central and/or State

Government.

(f) Capacity Building & Awareness: The

Nodal Agency shall organize Capacity

Building

Training

Sessions

for

participation by the segment stakeholders.

The Nodal Agency shall also take necessary

steps in creating awareness among the

citizens of the State.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1873

(g) Co-ordination with MNRE for

Technical Specification: The State shall follow

the technical specifications and standards

as specified by the MNRE, from time to time.

The Nodal Agency shall provide its inputs

to the MNRE for specifying new standards

amending

existing

technical

specifications for different component of

solar plant photovoltaic.

14.

Role of Department of Electricity,

Goa:— The Department of Electricity, Goa

State also referred as GED shall extend their

support and guidance to the eligible entities

installing solar power plant and their

connectivity with their electricity system.

The Department shall comply with the

regulatory framework specified by JERC and

provisions contained in this policy only if they

are not contradicting the JERC regulations. Its

role includes:

(a) To provide banking facility for solar

energy, incentives in the form of exclusion

from open access charges, wheeling

charges, T & D loss for solar power.

(b) To conduct feasibility study for

evacuation facility and connectivity with the

local grid facility.

generated, from the solar power plant shall

be governed by the directions of the JERC.

The evacuation infrastructure for the solar

power plant wherever necessary shall be

developed and augmented, by the

Department of Electricity as per the JERC

regulations in force.

(d) Electricity Department will conduct

supervision, safety check and extend

technical support to Developers wherever

the evacuation line is laid from site of power

production to the nearest grid connectivity

point as per the JERC regulations in force.

15.

Time frame for Implementation of

Project:— For solar projects beyond 100kW

capacity proposed under Reverse Bidding, the

time schedule of completion will be from the

date of approval by the GED is as follows:—

Plant Capacity

Time Schedule

100kW – 1MW

240 Days

1MW – & above

1Year

unless specifically provided for in the bid

document.

16.

Empowered Committee:— To oversee,

monitor and resolve various issues arising out

of this policy and disputes settlements, an

Empowered committee will be constituted

under the Chairmanship of the Secretary

(NCES) of the State. The committee shall have

following members.—

Secretary, NCES

Chairman

Jt. Secretary (Finance) or :

Member

Rep. not below Under

Secretary

Chief Electrical

Member

Engineer, GED

Director, WRD

Member

Director, Science &

Member

Technology or his Rep.

not below Dy. Director

Director (Accounts)

Member

Member Secretary, GEDA :

Member

Secretary.

The Chairman of the Committee is

empowered to co-opt subject matter experts

if required. The committee shall be authorized

to deliberate and decide on aspects related to

implementation of this policy on its own

motion or on the written representation by the

stakeholders. It can take help/assistance of

Technical experts as Consultants on payment

basis for the same. The Government reserves

the right to change any of the provisions of this

policy giving 30 days public notice. However,

the said changes will not have any

retrospective effect and will not have any effect

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38

21ST DECEMBER, 2017

1874

on the agreements already entered in by Solar

producers with GED or any other State

Government Department/Organisation.

In case of any dispute with regard to this

policy wherein the policy is silent, then

provision of Indian Electricity Act as amended

from time to time shall apply.

17. Power to remove difficulties:— In case

of any difficulty arising in implementing this

policy the Government [Min (Power) with

approval of Chief Minister] may clarify subject

to condition that no such clarification will

impact already signed contracts.

By order and in the name of the Governor

of Goa.

Levinson Martins, Director/ex-officio, Joint

Secretary (Science & Technology).

Porvorim.

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