1001

Panaji, 2nd August, 2018 (Sravana 11, 1940)

SERIES I No. 18

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF GOA

Department of Animal Husbandry and

Veterinary Services

Directorate of Animal Husbandry & Veterinary

Services

——

Notification

13-91/Kamd/(S)/2018-19/2782

Read:(1) Kamdhenu Scheme (Sudharit)

notified vide Notification No. 13-91/

/Kamd/(S)/2012-13/4109 dated

05-11-2012 published in Official

Gazette, Series I No. 33 dated

15-11-2012.

(2) Kamdhenu Scheme (Sudharit)

amended vide Notification No. 13-

-91/Kamd/(S)/2015-16/1563 dated

19-06-2015 published in Official

Gazette, Series I No. 13 dated

25-06-2015.

Department

Notification/Bill

Subject

Pages

1. Animal Husbandry and

Not.- 13-91/Kamd/(S)/

Amendment of Kamdhenu Scheme (Sudharit). 1001

Veterinary Services

/2018-19/2782

Dir. & ex officio Jt. Secy.

2.a. Goa Legislature Secretariat Bill.- LA/LEGN/2018/1020

The Goa Town and Country Planning (Amendment) 1002

Bill, 2018.

b. —do—

LA/LEGN/2018/1024

The Goa State Higher Education Council Bill, 2018. 1011

c. —do—

LA/LEGN/2018/1025

The Goa Lokayukta (Amendment) Bill, 2018. 1018

d. —do—

LA/Legn/2018/1063

The Goa State Commission for Backward Classes 1019

(Amendment) Bill, 2018.

e. —do—

LA/LEGN/2018/1080

The Goa Land Revenue Code (Amendment) 1020

Bill, 2018.

f. —do—

LA/LEGN/2018/1081

The Goa Regularisation of Unauthorized Constuc- 1022

tion (Amendment) Bill, 2018.

g. —do—

LA/LEGN/2018/1082

The Goa (Mopa Airport Development Authority) 1024

Bill, 2018.

3. Industries

Not.- 1/18/2017-IND/268

Capital Subsidy Scheme, 2017. 1028

Under Secretary

4.a. Personnel

Not.- 1/15/85-PER

RR.— Directorate of Tourism. 1030

Additional Secretary

b. —do—

Not.- 1/7/2014-PER

RR.— Directorate of the Institute of Psychiatry 1032

and Human Behaviour.

INDEX

There are two Extraordinary issues to the Official Gazette, Series I No. 17 dated 26-7-2018 as namely:–

(1) Extraordinary dated 26-7-2018 from pages 983 to 998 from Department of Finance (Revenue & Control Division),

Notifications regarding amendment of GST Act, 2017.

(2) Extraordinary (No. 2) dated 31-7-2018 from pages 999 to 1000 from Department of Power, Office of the Chief

Electrical Engineer Not. No. 120/03/JERC-FPPCA/CEE/Tech regarding FPPCA for 1st Quarters of FY 2018-19.

NOTE

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1002

(3) Kamdhenu Scheme (Sudharit)

amended vide Notification No. 13-

-91/Kamd/(S)/2015-16/3341 dated

02-09-2015 published in Official

Gazette, Series I No. 24 dated

10-09-2015.

(4) Kamdhenu Scheme (Sudharit)

amended vide Notification No. 13-

-91/Kamd/(S)/2015-16/3539 dated

23-09-2015 published in Official

Gazette, Series I No. 27 dated

01-10-2015.

(5) Kamdhenu Scheme (Sudharit)

amended vide Notification No. 13-

-91/Kamd/(S)/2016-17/2592 dated

05-08-2016 published in Official

Gazette, Series I No. 19 dated

01-10-2015 and

(6) Kamdhenu Scheme (Sudharit)

amended vide Notification No. 13-

-91/Kamd/(S)/2016-17/3405 dated

16-09-2016 published in Official

Gazette, Series I No. 25 dated

22-09-2016.

(7) Kamdhenu Scheme (Sudharit)

amended vide Notification No. 13-

-91/Kamd/(S)/2018-19/121 dated

06-04-2018 published in Official

Gazette, Series I No. 3 dated

19-04-2018.

————

Kamdhenu Scheme (Sudharit) Amended

The Government of Goa is hereby pleased

to amend the scheme “Kamdhenu Scheme

(Sudharit)”, notified vide Notification read at

Sr. No. 1 above, and further amended vide

Notification read at Sr. Nos. 2, 3, 4, 5, 6 and 7

above as follows:–

In the said scheme Clause 15, of the

Notification No. 13-91/Kamd/(S)/2018-19/121

dated 06-04-2018 shall be read as “Animals

purchased under the Scheme should be

insured for minimum period of a 3½ years

under the Comprehensive Insurance Policy

with such Insurance Agency/company as

the Department may from time to time notify

(approved by the Government). It shall be the

sole responsibility of the beneficiary to insure

the animals immediately on purchase. The

Government shall not be responsible in the

event of the death of the animal or otherwise.

The respective Financing Institution shall be

responsible for the tie up arrangement of

insurance cover between the beneficiary and

the insurance Company. The premium

towards

insurance

including

transit

insurance should be initially borne by the

beneficiaries/financing institution, the

Department shall reimburse the premium

amount to a maximum of Rs. 14,455/- (Rupees

fourteen thousand four hundred fifty five

only) per animal directly to the financing

institution, together with the subsidy amount

on receipt of all the required documents in

order”.

By order and in the name of the Governor

of Goa.

Dr. Santosh V. Desai, Director & ex officio Jt.

Secretary (AH).

Panaji, 26th July, 2018.

———ttt———

Goa Legislature Secretariat

LA/LEGN/2018/1020

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 25th July, 2018 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. 18

2ND AUGUST, 2018

1003

The Goa Town and Country Planning

(Amendment) Bill, 2018

(Bill No. 10 of 2018)

BILL

further to amend the Goa, Daman and Diu

Town and Country Planning Act, 1974

(Act 21 of 1975).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth 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, 2018.

(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 Town and Country

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

referred to as the “principal Act”),—

(i) clause (1) shall be re-numbered as

clause (1A) and before clause (1A) as so

re-numbered, the following clause shall be

inserted, namely:—

“(1) “accommodation reservation”

means to accord a permission by the

Government to owner of land, that is

required for public amenity specified in

Development Plan or Regional Plan, by

the Planning and Development Authority,

municipal corporation, municipal council

or village panchayat, as the case may be,

to use the potential of such land in the

form of built-up space guided by

permissible Floor Area Ratio, in addition

to the built-up space required for such

amenity, in lieu of payment of

compensation for such land and such

amenity, transferred in favour of such

authority;

(ii) after clause (30), the following clauses

shall be inserted, namely:—

“(30A) “transferable development

right” means a right to transfer the

potential of a land required for public

purpose by the Planning and Develop-

ment Authority, municipal corporation,

municipal council or a village panchayat,

as the case may be, expressed in terms

of total permissible built-up area, for

utilization by the owner himself or

transfer by him to someone else, from the

present location to a specified area, as

additional built-up space over and above

the permissible limit in that area in lieu

of the payment of compensation for such

land;

(30B) “transferable development right

for posterity” means the right to sell,

transfer or surrender the development

right or potential of land zoned as

agricultural land or land in other areas

such as heritage site, water body, riverine

land, farm land, khazan land, private

forest, land under Coastal Regulation

Zone and the like to alternate sites as

identified in the Development Plan or

Regional Plan;”.

3. Amendment of section 11.— In section

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

clause (a), the following clause shall be

inserted, namely:—

“(aa) proposal for transferable develop-

ment rights, transferable development right

for posterity, accommodation reservation or

any other similar technique for promoting

planned development;”.

4. Insertion of new section 16B.— After

section 16A of the principal Act, the following

section shall be inserted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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1004

“16B. Change of zone in Regional Plan.—

(1) If at any time, after the Regional Plan

comes into operation, the Chief Town

Planner (Planning) receives a written

request from any person for change of zone

of his land in the Regional Plan, he shall,

after carrying out such fresh surveys and

examination of the matter as may be

considered necessary, submit his report to

the Board and the Government, along with

plan showing details about change of zone

in the Regional Plan.

(2) Every request under sub-section (1)

shall be made in such form as may be

prescribed and accompanied by such fees

as notified under sections 100A and 101A.

(3) The provisions of sections 12 to 15

shall, mutatis mutandis, apply for change

of zone in the Regional Plan submitted under

sub-section (1).

(4) After the Regional Plan comes into

operation, the Chief Town Planner

(Planning) may, with the prior approval of

the Government, make such changes in

such Regional Plan as may be necessary

for correcting any typographical or

cartographical errors, omissions or details

of proposals not fully indicated or changes

arising out of the implementation of the

proposals in the Regional Plan:

Provided that all such changes are in the

public interest and are notified to the public.”.

5. Amendment of section 30.— In section

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

clause (d), the following clause shall be

inserted, namely:—

“(e) indicate and provide for proposal

for transferable development right,

transferable development right for posterity,

accommodation reservation or any other

similar technique for promoting planned

development.”.

6. Amendment of section 32.— In section

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

clause (b), the following clause shall be

inserted, namely:—

“(c) indicate and provide proposal

for transferable development right,

transferable development right for posterity,

accommodation reservation or any other

similar technique for promoting planned

development.”.

7. Insertion of new sections 41A to 41C.—

After section 41 of the principal Act, the

following sections shall be inserted, namely:—

“41A. Acquisition of land by according

transferable development right.— (1) The

Planning and Development Authority,

municipal corporation, municipal council or

a village panchayat may, with approval of

the Government and the consent of the

owner, acquire his land for public purpose

and the Government may accord him a

transferable development right, in lieu of

the payment of compensation towards such

acquisition, by issuing a Development Right

Certificate in such form and in such manner

as may be prescribed.

(2) The transferable development right

could be utilized as additional built up space

in such manner as may be prescribed by

the owner who may use it himself or transfer

it to any other person in full or in part, to

use in areas earmarked for the purpose in

Regional Plan or Development Plan.

41B. Acquisition by way of accommo-

dation reservation.— (1) A Planning and

Development

Authority,

municipal

corporation, municipal council or a village

panchayat may, with the consent of the

owner, get transferred his land and amenity

in its favour for public purpose as specified

in the Regional Plan or Development Plan,

by way of accommodation reservation, in

such manner as may be prescribed.

(2) The owner of such land shall develop

such amenity and hand it over to the said

authority free of cost and thereafter he shall

himself utilize the developmental right

equivalent to full permissible Floor Area

Ratio.

41C. Preservation of natural reserves and

resources for posterity.— A Planning and

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SERIES I No. 18

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1005

Development

Authority,

municipal

corporation, municipal council or a village

panchayat may with approval of the

Government and the consent of the owner,

withdraw or severe the development right

or potential in respect of land identified for

conservation or preservation in the

Regional Plan or Development Plan and the

Government may allot the development

right, thus removed, or severed to other area

which is more suitable for development by

way of transferable development right for

posterity in such manner as may be

prescribed.”.

8. Amendment of section 140.— In section

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

(i) after clause (d), the following clause shall

be inserted, namely:—

“(dd) form for making request under

sub-section (1) of section 16B;”;

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

shall be inserted, namely:—

“(ea) the form and manner in which a

Development Right Certificate is to be

issued and manner in which the

development right to be utilized under

section 41A;

(eb) the manner in which land and

amenity to be transferred by way of

accommodation reservation under section

41B;

(ec) the manner in which development

right of a property can be withdrawn or

severed and allotted to other area by way

of transferable development right for

posterity under section 41C;”.

STATEMENT OF OBJECTS AND REASONS

The Government had notified Regional Plan

for Goa 2021, talukawise, in the year 2010 and

2011. Thereafter, the said Regional Plan was

kept on hold in the year 2012 and as such land

developments and building constructions in

the State were being permitted only in plots

which are conforming and identified for

development in both the Regional Plans,

namely, Regional Plan for Goa 2001 and

Regional Plan for Goa 2021. The Government,

however, taking into account the requirement

of public decided to operationalize the

regional Plan for Goa 2021 vide order dated

28-3-2018 with strict parameters and

guidelines.

Major infrastructural developments are

taking place in the form of highway

development and new international airport,

etc. Census of India published their population

and socio-economic figures of 2011 sub-

sequent to the notification of Regional Plan

2021. The Government, therefore, contemplate

to prepare new Regional Plan for a longer

perspective year of 2031, as Regional Plan–

2021 itself, is slowly becoming obsolete.

New planning tools like “accommodation

reservation” and “transferable development

right” are in vogue in many States which will

help the Government in acquiring the land for

public purposes with consent of the owner

thereof. The new Regional Plan need to be

prepared by using new planning techniques

like “transferable development right for

posterity” and incentivisation for people who

hold their land green and without develop-

ment and for conservation and preservation

of natural and built heritage.

There are mismatches in Regional Plan for

Goa 2001 vis-à-vis Regional Plan for Goa 2021

as many of the areas classified under Regional

Plan for Goa 2001 are not in settlement zones

as per Regional Plan for Goa 2021. There

are many cartographical errors and new

proposals like micro industrial zones, garbage

management sites, disaster management sites

are not feasible. Pending the preparation of

new Regional Plan for a horizon year 2031, it

is required to bring about a provisions in the

Act to enable the Government to consider

application for change of zone. Hence, Clause

4 of the Bill seeks to achieve this objective.

The Bill seeks to amend section 2 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 introduce

new definitions viz: “accommodation

reservation”, “transferable development

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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1006

right” and “transferable development right for

posterity”.

The Bill further seeks to amend of sections

11, 30 and 32 so as to facilitate the preparation

of Regional Plan, Outline Development Plan

and Comprehensive Development Plan by

using the new techniques contained in the

said new definitions.

The Bill further seeks to introduce new

sections namely, section 41A for acquisition

of land by according a transferable

development right and section 41B for transfer

land

and

amenity

way

“accommodation reservation” and section

41C for providing methods to preserve lands

from

construction

withdrawing

developments right of properties which need

to be preserved and allotting it to another

location which is more suitable for

development by way of “transferable

development rights for posterity”.

The Bill also seeks to amend section 140 of

the said Act for empowering the Government

to frame rules on certain matters.

FINANCIAL MEMORANDUM

“Bill will facilitate Government to acquire

land for public purpose, without incurring

expenditure on payment of the amount for

compensation. The Bill also enables the

Government to levy processing charges and

fee for change of zone for the applications

made for change of zone. The revenue gain

cannot be quantified at this moment.”

MEMORANDUM REGARDING DELEGATED

LEGISLATION

Clause 1(2) of the Bill empowers the

Government to issue notification to appoint a

date for bringing the Act into force.

Clause 4 of the Bill empowers the

Government to frame rules for prescribing

form of application for change of zone.

Clause 7 of the Bill empowers the

Government to frame rules for prescribing the

manner for acquisition of land by according

transferable development right, the form of

development right certificate and the manner

for utilisation of transferable development

right.

Clause 7 of the Bill further empowers the

Government to frame rules for prescribing the

manner of transfer of land and built up space

by way of accommodation reservation.

Clause 7 of the Bill also empowers the

Government to frame rules for prescribing the

manner in which development right of a

property can be withdrawn or severed and

allotted to the other area by way of transferable

development right for posterity.

These delegations are of normal character.

Porvorim-Goa, VIJAI SARDESSAI

Dated: 23-07-2018. Hon’ble Minister for

Town and Country Planning.

Assembly Hall,

N. B. SUBHEDAR,

Porvorim-Goa.

Secretary to the

Dated: 23-07-2018. Legislative Assembly of Goa.

Governnor’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 recomended to the Legislative Assembly

of Goa, the introduction and consideration of the

Goa Town and Country Planning (Amendment)

Bill, 2016.

ANNEXURE

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

Extracts of Section 2, 30, 32 and 140 of the Goa

Daman and Diu Town and Country Planning

Act, 1974 (Act 21 of 1975)

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

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

otherwise requires,—

(1) “agriculture” includes (i) horticulture, farming,

growing of crops, fruits, vegetables, flowers, grass,

fodder and trees; (ii) any kind of cultivation of soil;

(iii) breeding and keeping of livestock including

cattle, horses, donkeys, mules, pigs, fish, poultry

and bees; (iv) the use of land which is ancillary to

the farming of land or any other agricultural

purposes;

OFFICIAL GAZETTE — GOVT. OF GOA

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1007

but does not include the use of any land attached

to a building for the purposes of garden to be used

along with such building; and the expression

“agricultural” shall be construed accordingly;

(2) “amenities” include the utilities such as roads

and streets, open spaces, parks, recreational

grounds, playgrounds, water and electric supply,

street lighting, sewerage, drainage, public works

and other utilities, services and conveniences;

(3) “area of bad lay-out or obsolete development”

means the area which is defined by a Development

Plan as an area of bad lay-out or obsolete

development and includes other lands contiguous

or adjacent thereto;

(4) “Board” means the Goa, Daman and Diu Town

and Country Planning Board constituted under

section 4;

(5) “building operations” includes—

(a) erection or re-erection of a building or any

part of it;

(b) roofing or re-roofing of a building or any

part of a building or an open space;

building;

(d) any such alteration of a building as is likely

to affect an alteration of its drainage or sanitary

arrangements or materially affect its security; and

(e) the construction of a door opening on any

street or land not belonging to the owner of a

building;

(6) “Chief Town Planner” means the Chief Town

Planner appointed under section 3;

(7) “commerce” means the carrying on of any

trade, business or profession, sale or exchange of

goods of any type whatsoever, and includes the

running of:—

(i) with a view to making profit, hospitals or

nursing homes exceeding twenty five beds; and

(ii) hotels, restaurants and boarding houses not

attached to educational institutions; and the

expression “commercial” shall be construed

accordingly;

(8) “commercial use” includes the use of any land

or building or part thereof for purposes of commerce

or for storage of goods, or as an office, whether

attached to any industry or otherwise;

(9) “court” means a court under the Code of Civil

Procedure, 1908 (Central Act V of 1908);

(10) “development” with its grammatical

variations and cognate expressions, means the

carrying out of building, engineering, mining,

quarrying or other operations in, on, over or under,

land, 1[ ] or the making of any material change in

any building or land, or in the use of any building or

land, and includes sub-division of any land;

(11) “Development Plan” means an Outline

Development Plan or a Comprehensive Development

Plan prepared under this Act;

(12) “engineering operations” includes the

formation or the laying out of means of access to a

road or the laying out of means of water supply,

drainage, sewerage or of electricity cables or lines

or of telephone lines;

(13) “Government” means the Government of Goa,

Daman and Diu, and includes the Administrator of

the Union territory appointed by the President

under article 239 of the Constitution;

(14) “industrial use” includes the use of any land

or building or part thereof for purposes of any

industry;

(15) “industry” includes the carrying

on of any manufacturing process as

defined in the Factories Act, 1948, and

the expression “industrial” shall be

construed accordingly;

(16) “land” includes benefits arising out of land

and things attached to the earth or permanently

fastened to anything attached to the earth;

(17) “land use” means the major use to which a

plot of land is being used on any specified date;

(18) “local authority” means a municipal council

or a village panchayat;

(19) “local newspaper” in relation to any planning

area, means any newspaper published or circulated

within that area;

(20) “notification” means a notification published

in the Official Gazette;

(21) “occupier” includes—

(a) a tenant;

(b) an owner in occupation of, or otherwise

using his land or building or part thereof;

or part thereof;

(d) a licensee in occupation of any land or

building or part thereof; and

(e) any person who is liable to pay to the owner

damages for the use and occupation of any land

or building or part thereof;

Central Act

63 of 1948.

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1008

(22) “owner” in relation to any property, includes

the person for the time being receiving or entitled

to receive, whether on his own account or as agent,

trustee, guardian, manager, or receiver for another

person, or for any religious or charitable purpose,

the rents or profits of such property;

(23) “Planning and Development Authority”

means any Planning and Development Authority

constituted under this Act;

(24) “planning area” means any area declared to

be a planning area under this Act;

(25) “plot” means a continuous portion of land

held in one ownership;

(26) “prescribed” means prescribed by rules made

under this Act;

(27) “public place” means any place or building

which is open to the use and enjoyment of the public,

whether it is actually used or enjoyed by the public

or not, and whether the entry is regulated by any

fees or not;

(28) “reconstituted plot” means a plot which is

altered either in ownership or in any other manner

by a town planning scheme;

(29) “re-location of population” means in relation

to an area of bad lay-out or obsolete development or

a slum area, the making available, in that area or

elsewhere, of accommodation, for residential

purposes or for carrying on business or other

activities, together with amenities, to persons living

or carrying on business or other activities in the said

area who have to be so accommodated so that the

said area may be properly planned;

(30) “residence” includes the use for human

habitation of any land or building or part thereof

including gardens, grounds, garages, stables and

out-houses if any, appertaining to such building; and

the expression “residential” shall be construed

accordingly;

(31) “Union territory” means the Union territory

of Goa, Daman and Diu;

(32) words and expressions used in this Act and

not defined herein but defined in the Goa, Daman

and Diu Municipalities Act, 1968, shall have 7 of

1969.

the same meanings as are respectively assigned to

them in that Act.

11. Contents of regional plan.— (1) Subject to the

provisions of this Act and any rules made thereunder,

the regional plan shall indicate the stages by which

development may be carried out, the network of

transport and communication lines, the proposals

for conservation and development of natural

resources and such other matters as may have an

influence on the development of the concerned area.

(2) In particular, and without prejudice to the

generality of the foregoing provisions, a regional plan

may provide for all or any of the following matters,

namely:—

(a) the broad demarcation of areas for

agriculture, forestry, industry, mineral

development, urban and rural settlements and

other activities;

(b) the reservation of land for recreation,

botanical and zoological gardens, natural

reserves, animal sanctuaries, dairies and health

resorts and for the preservation, conservation and

development of areas of natural scenery, forests,

wild life, natural resources and landscaping;

or places of historical, natural, archaeological or

scientific interest and educational value;

(d) the prevention of erosion of soil, provision

for afforestation, or re-afforestation, improvement

and re-development of water front areas, rivers

and lakes;

(e) transport and communications network

such as roads, highways, railways, water ways,

canals and airports including their future

development;

(f) rural and urban centres, both existing and

new, indicating the extent of their anticipated

growth;

(g) for irrigation, water supply and hydro-

electric works, flood control and prevention of

water pollution;

(h) providing for the re-location of population

or industry from over-populated and industrially

congested areas, and indicating the density of

population or the concentration of industry to be

allowed in any areas.

30. Contents of Outline Development Plan.— (1)

An Outline Development Plan shall—

(a) indicate broadly the manner in which

the land in the planning area is proposed to be

used;

(b) allocate areas or zones of land for use —

(i) for residential, commercial, industrial and

agricultural purposes;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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1009

(ii) for public and semi-public open spaces,

parks and playgrounds; and

(iii) for such other purposes as the Planning

and Development Authority may think fit;

(i) for existing and proposed national

highways, arterial roads, ring roads and major

streets; and

(ii) for existing and proposed lines of

communications,

including

railways,

tramways, airports and canals;

(d) regulate within such zone, the location,

height, number of storeys and size of buildings

and other structures, the size of yards, courts and

other open spaces, and the use of buildings,

structures and land.

(2) An Outline Development Plan may also

indicate, define and provide for—

(a) the existing and proposed public and semi-

public buildings; and

(b) all or any of the purposes and matters as

may be indicated, defined and provided for in the

Comprehensive Development Plan under section

32.

(3) Subject to such rules as may be prescribed

regulating the form and contents of an Outline

Development Plan any such plan shall include such

maps and such descriptive matter as may be

necessary to explain and illustrate the proposals

contained in that Plan.

14[(4) After the coming into operation of

Outline Development Plan and defining the Zone

thereof, the conversion shall be in conformity with

the contents of an Outline Development Plan and

in accordance with such procedure as may be

prescribed;]

32. Contents of Comprehensive Development

Plan.— (1) A Comprehensive Development Plan

shall—

(a) indicate, define and provide for all the

matters that have to be, or may be, indicated,

defined and provided for in the Outline

Development Plan with such modifications as the

Planning and Development Authority deems fit;

(b) indicate, define and provide for—

(i) areas to be reserved for agriculture, public

and semi-public open spaces, parks,

playgrounds, gardens, and other recreational

uses, green belts and natural reserves;

(ii) comprehensive land allocation of areas

or zones for residential, commercial, industrial,

agricultural and other purposes;

(iii) complete road and street pattern and

traffic circulation pattern for present and

future requirements;

(iv) major road and street improvements;

(v) areas reserved for public buildings and

institutions and for new civic development;

(vi) areas for future development and

expansion, and areas for new housing;

(vii) amenities, services and utilities;

(viii) such other matters as may be

prescribed or as may be directed by the

Government or the Board to be indicated,

defined, and provided for;

within each zone, the location, height, number

of storeys and size of buildings and other

structures, the size of yards, courts and other

open spaces and the use of buildings, structures

and land;

14 Inserted by the Amendment Act 19 of 1995.

(d) indicate the stages by which the proposals

are intended to be carried out, together with the

financial implications of each stage.

(2) The Comprehensive Development Plan may—

(a) indicate, define and provide for—

(i) all such matters including planning

standards, gross and new density and such

guiding principles as the Planning and

Development Authority may consider

expedient to be indicated, defined and

provided for in the Development Plan;

(ii) detailed development of specific areas

for housing, shopping centres, industrial areas,

civic centres, educational and cultural

institutions;

(iii) control of architectural features,

elevation and frontage of buildings and

structures;

(iv) a five year development programme

within the stages indicated in clause (d) of

sub-section (1);

(b) designate, any land as land subject to

acquisition for any public purpose, and in

particular, but without prejudice to the generality

of this provision for the purposes of:—

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(i) the Union or the State Governments, or

for any local authority or other authority

established by law and public utility concerns;

(ii) dealing satisfactorily with the areas of

bad layout or obsolete development, slum areas

and for re-location of population;

(iii) providing for open spaces, parks and

playgrounds;

(iv) securing the use of the land in the manner

specified in the development plan;

(v) any of the matters as are referred to in

clause (a).

(3) Subject to such rules as may be made for

regulating the form and contents of a Comprehensive

Development Plan, any such plan shall include such

maps and such descriptive matters as may be

necessary to explain and illustrate the proposals

included in that plan.

140. Power to make rules.— (1) The Government

may, by notification, make rules to carry out the

purposes of this Act.

(2) In particular, and without prejudice to the

generality of the foregoing power, such rules may

provide for all or any of the following matters,

namely:—

(a) the qualifications in town and country

planning for appointment as Chief Town Planner;

(b) the term of office of the members of the

Board, the manner of filling casual vacancies

among them and the allowances payable to such

members for attending the meetings of the Board;

the transaction of business at the meetings of the

Board;

(d) the functions which may be performed by

the Board and the Planning and Development

Authority;

(e) the term of office and conditions of service

of the Chairman and the members of the Planning

and Development Authority;

(f) the manner in which and the purposes for

which a Planning and Development Authority

may associate any person under section 24;

(g) the control and restrictions subject to which

officers and other staff of the Board, and of the

Planning and Development Authority may be

appointed;

(h) the form in which land use map and land

use register shall be prepared;

(i) the form and contents of a Development Plan;

(j) the time within which modifications, if any,

may be directed to be made in any Development

Plan under section 34;

(k) the form in which any application for

permission for development in respect of, or

change of use of, land shall be made, the

particulars to be contained therein and the

documents and plans which shall accompany

such application;

(l) the manner of filing of appeals under this

Act, the fees to be paid thereon and the procedure

to be followed in such appeals;

(m) the manner in which an acquisition notice

may be served under this Act;

(n) the time within which and the manner in

which a claim for compensation may be made

under section 48 and the procedure to be followed

for assessment of compensation;

(o) the matters which may be included in a

town planning scheme;

(p) the procedure to be followed in summarily

evicting a person under section 80;

(q) the manner in which a draft variation of a

final scheme shall be published under sub-section

(2) of section 81 and the particulars to be

contained in such variation;

(r) the exemption from the levy of Development

Charges payable under this Act;

(s) the rates of Development Charges and the

manner in which an application for assessment

of the Development Charge may be made;

(t) the sum of money that may be kept in a

current account by the Planning and

Development Authority;

(u) the form in which and the time within which

the budget of a Planning and Development

Authority shall be prepared and the number of

copies that have to be sent to the Board and the

Government;

(v) the form of the annual statement of accounts

and balance sheet of a Planning and Development

Authority;

(w) the manner in which and the conditions

subject to which pension and provident funds

shall be constituted by a Planning and

Development Authority for the benefit of its

officers and other employees;

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(x) the documents in respect of which certified

copies may be granted and the fees payable

therefor;

(y) any other matter which has to be, or may be,

prescribed.

(3) Any rule made under this section may provide

that a contravention thereof shall be punishable with

fine which may extend to five hundred rupees and

in the case of a continuing contravention, with an

additional fine which may extend to twenty-five

rupees for every day during which such

contravention continues after conviction for the

first such contravention.

(4) Every rule made under this section shall be

laid as soon as may be after it is made, before the

Legislative Assembly of the Union territory while it

is in session for a total period of thirty days which

may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the

session in which it is so laid or the session

immediately following, the Assembly makes any

modification in the rule or the Assembly states that

the rule should not be made, the rule shall thereafter

have effect only in such modified form or be of no

effect, as the case may be; so, however that any such

modification or annulment shall be without

prejudice to the validity of anything previously done

under that rule.

————

LA/LEGN/2018/1024

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 26th July, 2018 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 State Higher Education

Council Bill, 2018

(Bill No. 11 of 2018)

BILL

to provide for the constitution of the Goa State

Higher Education Council.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth Year of the Republic

of India, as follows:—

1. Short title, extent, and commencement.—

(1) This Act may be called the Goa State Higher

Education Council Act, 2018.

(2) It shall extend to the whole of the State

of Goa.

(3) It shall come into force on such date

as the Government may, by notification,

appoint.

2. Definitions.— In this Act unless the

context otherwise requires,—

(a) “AISHE” means the All India Survey on

Higher Education initiated by the Ministry of

Human Resource Development, Government

of India;

(b) “Affiliated Institutions” means the

institutions which are run and controlled by

their own governing bodies, affiliated to the

Goa University and recognized by Government

of Goa;

the regulatory Institutions created under the

Act for the governance of institutions;

(d) “Chairperson” means the Chairperson

of the Council;

(e) “Council” means the Goa State Higher

Education Council constituted under

section 3;

(f) “Official Gazette” means the Official

Gazette of the Government;

(g) “Executive Director” means Executive

Director appointed under section 8;

(h) “Government” means the Government

of Goa;

(i) “Higher Education” means an education,

whether professional, technical, or otherwise

leading to the award of a degree or diploma

by a University or an institute approved by the

institution;

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(j) “Institution” means an academic

institution of higher education which offers

various kinds of courses or training

programme;

(k) “Member” means a member of the

Council and includes the Chairperson and

Vice-Chairperson;

(l) “MIS” means management information

system to provide efficiency and effectiveness

of strategic decision making;

(m) “Prescribed” means prescribed by rules

made under this Act;

(n) “Regulations” means the regulations

made by Council;

(o) “Rules” means the rules made under this

Act;

(p) “State” means the State of Goa;

(q) “State University” means the university

run, managed, controlled and formed by the

State Government under the Act;

(r) “Statutes”, “Ordinances”, “Regulations”

of a university means the Statutes, the

Ordinances, and the Regulations of a

University;

(s) “Vice-Chairperson” means the Vice-

-Chairperson of the Council.

3. Constitution of the Council.— (1) The

Government may, by notification in the Official

Gazette constitute a Council to be called the

Goa State Higher Education Council.

(2) The Council shall consist of the following

members, namely:—

(a) The Chief Minister of Goa, who shall

be the ex officio Chairperson thereof;

(b) An eminent academic administrator

with proven record or a professional from

industry or Administration with sufficient

experience in the academic sector, who

shall be the Vice-Chairperson thereof;

(c)

the

Minister

for

Education,

Government of Goa; Finance Secretary,

Government of Goa; Secretary, Department

of Education, Government of Goa; Director

of Higher Education, Government of Goa;

and Director of Technical Education,

Government of Goa shall be ex officio

members;

(d) five members to be nominated by

the Government who are persons of

scholarly pursuit, one each belonging from

the field of art and culture, science and

technology, civil society, industry and

vocational field;

(e) Vice-Chancellor of the Goa University,

ex officio member;

(f) two Principals of the Colleges to be

nominated by the Government in rotation

of two years;

(g) five members co-opted by the Council

who are persons of scholarly pursuit;

(h) one nominee of the Government of

India to be nominated by the Ministry of

Human Resource Development;

(i) Executive Director, who shall be the

ex-officio member Secretary thereof.

(3) The Council shall by the name of the Goa

State Higher Education Council be a body

corporate, and have perpetual succession and

a common seal, and shall by that name sue

and be sued.

(4) The Council shall have the power to

acquire and hold property, both movable and

immovable. Subject to the provisions of this

Act and the rules made thereunder, to transfer

any property held by itself and to enter into

contracts and to do all other things necessary

for the purpose of this Act.

(5) The headquarter of the Council shall

be located at the place decided by the

Government from time to time.

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4. Disqualifications.— (1) No person shall be

qualified for nomination or to continue as a

member of the Council, if he is,—

(a) of unsound mind; or

(b) adjudicated as an un-discharged

insolvent; or

(c)sentenced by a criminal court to

imprisonment for any offence involving

moral turpitude; or

(d) directly or indirectly by himself or his

partner has any share or interest in any

work done by order of, or in any contract

entered into on behalf of the Council; or

(e) a person who has been terminated

from any Government or University service

on ground of misconduct or negligence.

(2) In case of dispute or doubt as to whether

a person is disqualified under sub-section (1),

the decision of the Government shall be final.

(3) Save as otherwise provided in this Act,

no person who is not a graduate of any

University established by law shall be eligible

for nomination as a member of the Council

under this Act.

5. Responsibilities and functions of the

Council.— (1) The Council shall,—

(a) advice the Government, University

and other institutions of higher education

in the State;

(b) co-ordinate the roles of the

Government,

University

and

Apex

Regulatory Institutions in higher education

within the State;

education.

(2) For furtherance of the above

responsibilities and functions, the Council

shall,—

(a) formulate and evolve State Higher

Education Plan for the development of

higher education, suo moto or on the

direction from the Government or on

request from the University or other

Institution in the State;

(b) provide support to State Institutions

and affiliated institutions for formulation,

production and implementation of their

plans;

Higher Education Plan;

(d) compile and maintain periodic

statistics relating to various parameters of

Higher Education at State and institutional

level and assist in All India Survey on Higher

Education;

(e) create and maintain Management

Information System;

(f) evaluate institutions on the basis of

norms developed by national level higher

education institutions;

(g) suggest improvements in curriculum

and syllabus in accordance with the

changing

society’s

and

academic

requirements and maintain quality of

curriculum;

(h) ensure quality of examinations and

suggest reforms in examination;

(i) undertake necessary steps for

establishing

inter-linkage

between

research and learning process;

(j) protect the autonomy of State

institutions and review periodically the

Statutes, Ordinances and Regulations of the

University in the State and suggest

appropriate improvement for the realization

of the objects of social justice and academic

excellence in education, and advise the

university or institution of higher education

on Statutes and Ordinances;

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(k) provide approval for setting up new

institutions of higher education;

(l) suggest accreditation reform measures

in consultation with National Assessment

and Accreditation Council;

(m) advise Government on strategic

investments in higher education;

(n) evolve guidelines for linkages of an

academic nature between higher education

institutions in the State and institutions

within and outside the country;

(o) make proposals for the generation and

utilization of funds in accordance with the

objectives of this Act;

(p) evolve general guidelines for the

release of grants by the Government or any

agency authorized by the Government and

disburse funds to the University and

colleges on the basis of State Higher

Education Plan;

(q) evolve methodology for timely transfer

of the funds earmarked for the State

University and other institutions of higher

education;

(r) hold discussions, conduct workshops,

seminars with the objective of facilitating

the widest possible consultancies with

experts and stakeholders for formulating the

polices on higher education and facilitating

their proper implementation;

(s) provide a forum for the interaction

among the academy, industries, agriculture

and science sectors;

(t) co-ordinate various programmes being

promoted and undertaken by Central and

State Governments and National level apex

regulatory institutions in the territory of

India.

6. The Chairperson.— (1) The Chairperson

shall preside over the meetings of the Council;

(2) The Chairperson shall not be deemed to

hold any office of profit by reason only that he

is the Chairperson of the Council.

7. Appointment of the Vice-Chairperson.—

(1) The Vice-Chairperson shall be appointed

on the recommendation of a search committee

consisting of Chairperson of the Council and

two other members, one nominated by the

Council and one by the Government;

(2) The Vice-Chairperson shall have one

non-extendable term of five years or till he

attains the age of 70 years;

(3) The Vice-Chairperson may be removed

by the Government on the recommendation

of the Council;

(4) The Vice-Chairperson shall preside over

the meetings of the Council in the absence of

the Chairperson;

(5) The salary and allowances payable to

the Vice-Chairperson shall be such as may be

specified by the Government, from time to

time, by Notification in the Official Gazette.

8. The Executive Director.— (1) The

Government shall appoint the Executive

Director who shall be the Member Secretary

of the Council and he be responsible for

co-ordination and the functioning of the

Council;

(2) The Executive Director shall exercise

such other powers and perform such other

functions as may be prescribed.

9. Officers and Staff of the Council.— (1) The

Government shall appoint one Administrative

Officer and one Finance Officer for the Council.

(2) The Council may, with prior approval of

the Government, appoint such number of

employees as it deems necessary for the

efficient performance of its functions under this

Act. The terms and conditions of service of the

employees of the Council shall be such as may

be specified in the regulations to be framed

by the Council.

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10.

Administrative Officer.— (1) The

Administrative Officer shall be a whole-time

officer of the Council and shall be a person on

deputation from University, College or from

recognized Educational Institution;

(2) The Administrative Officer shall be a

person having at least fifteen years experience

of teaching in a college or post graduate

Department of University;

(3) The Administrative Officer shall be in

charge of general administration and shall

exercise such powers and perform such duties

as may be assigned to him by the Chairperson;

(4) The Administrative Officer shall be

entitled to receive deputation allowance over

and above his pay and allowances which he

was drawing in his parent organization.

11.

Finance Officer.— (1) The Finance

Officer shall be a whole-time officer of the

Council and shall be a person on deputation;

(2) The Finance Officer shall be a person

having fifteen years of experience in financial

administration, and sound knowledge of

accountancy, auditing and budgetary

procedures;

(3) The Finance Officer shall be In-charge

of Accounts Department and shall be

responsible for maintaining the accounts of the

Council and shall exercise such powers and

perform such duties as may be assigned to

him/her by the Chairperson;

(4) The Finance Officer shall be entitled to

receive deputation allowance over and above

his pay and allowances which he was drawing

in his parent Institution.

12. State Project Directorate.— (1) The

Government shall by notification in the Official

Gazette constitute a State Project Directorate.

(a) The State Project Directorate shall

consist of the State Project Director and such

adequate support staff as may be required for

the effective functioning of the State Project

Directorate.

(b) The State Project Directorate shall,—

(i) oversee project implementation at the

State level;

(ii)

maintain

statistical

data

and

Management Information System report; and

(iii)

engage

Project

Auditors

and

Consultants as required.

13. Technical Support Group.— (1) The

Council may by notification in the Official

Gazette constitute a Technical Support Group

consisting of such experts as may be decided

by the Council.

(2) The Technical Support Group shall,— (i)

monitor flow of funds and information; (ii)

generate Management Information System

reports as required; and (iii) provide

operational support to the Council.

14. Terms and Conditions of the nominated

members.— (a) Each nominated and co-opted

member shall normally have a term of six

years, provided that one-third of the members

shall retire every two years on the basis of age,

and the vacancy shall be filled by the

Government, if the retiring member is a

Government nominee, or by the council, if the

retiring member is a co-opted member;

(b) At any point of time, twenty members of

the Council should be from the state and five

members must be individual of national

eminence (outside the State);

may by writing under his hand addressed to

the Chairperson of the Council resign his

membership but he/she shall continue to

remain member until his/her resignation is

accepted in writing by the Chairperson of the

Council;

(d) The nominated and co-opted member

shall be eligible for such rate of travelling

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allowance, daily allowance and sitting fee as

may be prescribed;

(e) Subject to the provision of this section

the other terms and condition of the service

shall be such as may be prescribed.

15. Meetings of the Council.— (1) The

Council shall meet as often as may be

necessary, at such time and place and observe

such rules of procedures as may be provided

in the regulations, but it shall meet at least

once in six months.

(2) It shall have the power to act,

notwithstanding any vacancy in the

membership or any defect in the constitution

thereof, and the proceedings of the Council

shall be valid notwithstanding that some

person, who was not entitled to be a member,

had attended, or otherwise had taken part in

the proceedings of the Council.

(3) The meeting of the Council shall be

convened by the Executive Director on the

advice of the Chairperson.

(4) The quorum of the meeting of the

Council shall be one third of the total members

of the Council. The decision of the meetings

may be taken by simple majority of those

present and voting.

16. Funds of the Council.— (1) The funds of

the Council shall include all sums which may,

from time to time, be paid to it by the

Government and all other receipts including

any sum from the Central Government, or any

other authority, institutions or persons.

(2) The Government may pay to the Council

for every financial year such sums as may be

considered necessary for the functioning of

the Council and for the discharge of its

responsibilities and duties under this Act.

(3) All expenditure incurred by the Council

under or for the purposes of this Act shall be

defrayed from out of the fund and any surplus

remaining, after such expenditure has been

met, shall be invested in such manner as may

be prescribed.

17. Annual Accounts and Audit.— (1) The

accounts of the Council shall be maintained

in such manner and in such form as may be

prescribed.

(2) The Council shall prepare an annual

statement of accounts in such form and in such

manner as may be prescribed.

(3) The accounts of the Council shall be

audited once in a year by such auditor as the

Government may appoint or depute in this

behalf.

(4) The Executive Director to the Council

shall cause the annual audit report to be

printed and shall place such report before the

Council for consideration at its next meeting.

(5) The Council shall take appropriate action

forthwith to remedy any defect or irregularity

that may be pointed out in the audit report.

(6) The accounts of the Council as certified

by the auditor together with the audit report

along with the remarks of the Council there

on shall be forwarded to the Government

within such time as may be prescribed.

18. Annual Report.— The Council shall

prepare for every year a report of its activities

under this Act during that year and submit

the report to the Government.

19. Chairperson, Vice-Chairperson, Executive

Director, Members, Officers and Staff of

the Council to be public servants.— The

Chairperson, Vice-Chairperson, Executive

Director, Member, Officers and Staff of the

Council, when acting or purporting to act in

pursuance of any provisions of this Act or any

rule or order or direction made or issued under

this Act shall be deemed to be public servants

within the meaning of section 21 of the Indian

Penal Code (Central Act XLV of 1860).

20.

Protection of action taken in good

faith.— No suit, prosecution or other legal

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proceeding shall lie against the Government

or the Council, or any officer of the

Government or any member, officer or

employee of the Council in respect of anything

which is in good faith done or intended to be

done under this Act.

21. Act to have overriding effect.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other State law for

the time being in force or in any instrument

having effect by virtue of any law other than

this Act.

22.

Power to make rules.— (1) The

Government may, by notification in the Official

Gazette and after previous publication, make

rules for the purpose of carrying out the

provisions of this Act.

(2) Every rule made under this Act shall be

laid, as soon as may be after it is made, before

the Legislative Assembly of Goa.

23. Power to make regulations.— (1) The

Council may, with the previous approval of the

Government, by notification in the Official

Gazette, make regulations not inconsistent

with this Act and the rules made there under

to provide for all matters for which provision

is expedient for the purposes of giving effect

to the provisions of this Act.

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

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by order published in the Official Gazette, make

such provisions not inconsistent with the

provisions of this Act as appear to it to be

necessary or expedient for removal of the

difficulty:

Provided that no such order shall be made

after the expiry of a period of two years from

the date of the commencement of this Act.

(2) Every order made under this section

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

laid before the Legislative Assembly of Goa.

STATEMENT OF OBJECTS AND REASONS

The

Ministry

Human

Resource

Development, University Grants Commission

and Rashtriya Uchhatar Shiksha Abhiyan,

2013 have recommended that the State level

planning and co-ordination of higher

education including University Education

shall be done through an independent,

autonomous Council for Higher Education.

Accordingly, in order to bring out better

excellence, inclusiveness and accessibility in

the Higher Education Sector, the State

Government has decided to constitute the

State Level Higher Education Council to be

known as Goa State Higher Education Council.

The Council shall function in order to forge

synergic relationship amongst the State

Government, Universities, academics and

experts by occupying an operational space

between the Government and Universities on

one hand and between Universities and apex

level regulatory institutions on the other. The

main objects of the Council includes planned

and co-ordinated development of Higher

education in the State, promoting academic

excellence and social justice by obtaining

academic input for policy formulation and

perspective planning, ensuring autonomy,

accountability and co-ordination of all

institutions of higher education in the State

and guiding the growth of higher education

in accordance with the socio-economic

requirements of the State.

The Bill seeks to achieve the aforesaid

objects.

FINANCIAL MEMORANDUM

The expenditure involved cannot be

quantified at this stage. However, during

initial years an expenditure of Rupees Five

Crores approximately would be required per

annum.

MEMORANDUM REGARDING DELEGATED

LEGISLATION

The Bill involves delegation of legislature

powers in the following respect.

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Clause 1— sub-clause (iii) of this clause

empowers the State Government to appoint,

by notification in the Official Gazette, the date

on which the Act came into force.

Clause 3— sub-clause (i) empowers the

State Government, by notification in the Official

Gazette, to constitute the Goa State Higher

Education Council.

Clause 3— sub-clause (iv) of this clause

empowers the State Government to notify the

headquarter of the Council.

Clause 21— This clause empowers the

Council to make regulation not inconsistent

with the provisions of the Act with the

approval of the State Government.

Clause 22— This clause empowers the State

Government to make rules, by notification, to

carry out all or any purposes of the Act.

Clause 23— This clause empowers the State

Government to remove difficulty if arises in

giving effect to the provisions of this Act.

The delegation of legislative powers as

aforesaid is necessary and is of a normal

character.

Porvorim–Goa.

MANOHAR PARRIKAR,

23rd July, 2018.

Education Minister/Chief.

Minister

Assembly Hall.

N. B. SUBHEDAR

Porvorim–Goa.

Secretary to the

Legislative Assembly of Goa.

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Mridula Sinha, the

Governor of Goa, hereby recommend to the

Legislative Assembly of Goa, the Goa State

Higher Education Council Bill, 2018.

RAJ BHAVAN.

MRIDULA SINHA

Date: 19th July, 2018.

Governor of Goa.

LA/LEGN/2018/1025

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 26th July, 2018 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 Lokayukta (Amendment)

Bill, 2018

(Bill No. 13 of 2018)

BILL

further to amend the Goa Lokayukta Act, 2011

(Goa Act 3 of 2012).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth Year of the Republic

of India, as follows:—

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

Act may be called the Goa Lokayukta

(Amendment) Act, 2018.

(2) It shall come into force at once.

2. Amendment of section 21.— In section

21 of the Goa Lokayukta Act, 2011 (Goa Act 3

of 2012), in sub-section (1),—

(i) for the expression “30th June”, the

expression (words) “5th November” shall

be substituted;

(ii) for the figure “.” at the end, the figure

“:” shall be substituted;

(iii) the following proviso shall be

inserted, namely:—

“Provided

that

the

provisions

contained in sub-section (1) shall not be

applicable to the public functionary after

the expiry of one year from the date he

ceases to hold such office”.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1019

STATEMENT OF OBJECTS AND REASONS

The public functionaries find it difficult to

file their assets and liabilities statements by

30th June since the accounts of the business

run by them or by their family members are

available only by 30th September of the

financial year. The Bill therefore seeks to

amend section 21 of the Goa Lokayukta Act,

2011 (Goa Act 3 of 2012) so as to enable the

public functionaries to file the assets and

liabilities statements by 5th November of the

financial year.

This Bill seeks to achieve the above object.

FINANCIAL MEMORANDUM

No financial implications are involved in this

Bill.

MEMORANDUM REGARDING DELEGATED

LEGISLATION

No delegated legislation is involved in this

Bill.

Porvorim-Goa.

(MANOHAR PARRIKAR)

Dated: 24-7-2018.

Hon. Chief Minister/

/Minister for Vigilance.

Assembly Hall,

(N. B. SUBHEDAR)

Porvorim-Goa.

Secretary to the Legislative

Dated: 24-7-2018.

Assembly of Goa.

ANNEXURE

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

Extract of section 21 of the Goa Lokayukta Act, 2011

(Goa Act 3 of 2012)

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

21. Public functionary to submit property

statements.— (1) Every Public functionary falling

within the purview of the Lokayukta for the purpose

of investigation under this Act, other than the officer

referred to in clause (o) and sub-clause (ix) of clause

(q) of section 2, shall, within six months from the

date he enters upon his office and thereafter before

the 30th June of every year, submit to the Lokayukta

in the prescribed form a statement of his assets and

liabilities held by him or by any person on his behalf

and those of the member of his family. The public

functionaries falling under clause (o) and sub-clause

(ix) of clause (q) of section 2, shall file statement

before respective authorities as required under their

respective service rules, who will act on the same in

accordance with those rules.

(2) If no such statement is received by the

Lokayukta from any such public functionary within

the time specified in sub-section (1), the Lokayukta

shall make a report to that effect to the competent

authority and send a copy of the report to the public

functionary concerned. If within two months of such

report the public functionary concerned does not

submit the statement of his assets and liabilities as

above mentioned, the Lokayukta shall publish or

cause to be published the names of such public

functionaries in two newspapers having wide

circulation in the State with a report to the Governor

who may then place the matter before the

Legislative Assembly of Goa.

Porvorim-Goa.

(MANOHAR PARRIKAR)

Dated: 24-7-2018.

Hon. Chief Minister/

/Minister for Vigilance.

Assembly Hall.

(N. B. SUBHEDAR)

Porvorim-Goa.

Secretary to the Legislative

Dated: 24-7-2018.

Assembly of Goa.

————

LA/Legn/2018/1063

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 27th July, 2018 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. 18

2ND AUGUST, 2018

1020

The Goa State Commission for Backward

Classes (Amendment) Bill, 2018

(Bill No. 12 of 2018)

BILL

further to amend the Goa State Commission

for Backward Classes Act, 1993 (Goa Act

No. 13 of 1993).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-Ninth Year of the Republic

of India, as follows:—

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

Act may be called the Goa State Commission

for Backward Classes (Amendment) Act, 2018.

(2) It shall come into force at once.

2. Amendment of section 3.— In section 3

of the Goa State Commission for Backward

Classes Act, 1993 (Goa Act No.13 of 1993), in

sub-section (2), in clause (d), for the word

“Secretary”, the word “Joint Secretary” shall

be substituted.

STATEMENT OF OBJECTS AND REASONS

The Secretary to the Government is a post

of All India Service Officers governed by the

cadre rules and at times due to limited number

of IAS Officers it is difficult for an IAS Officer

to manage the post of the Member Secretary

of the State Commission for Backward

Classes.

The Bill therefore seeks to amend section

3 of the Goa State Commission for Backward

Classes Act, 1993 (Goa Act No. 13 of 1993) so

as to enable the Government to nominate its

Officer in the rank of a Joint Secretary or above

as the Member Secretary of the said

Commission.

This Bill seeks to achieve the above

object.

FINANCIAL MEMORANDUM

No financial implications are involved in this

Bill.

MEMORANDUM REGARDING DELEGATED

LEGISLATION

No delegated legislation is involved in this

Bill.

Assembly Hall,

(MANOHAR PARRIKAR)

Porvorim-Goa.

C.M./Minister for Social Welfare.

23rd July, 2018.

Assembly Hall,

(NILKANTH SUBHEDAR)

Porvorim-Goa.

Secretary to the

23rd July, 2018.

Legislative Assembly of Goa.

ANNEXURE

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

Extract of section 3 of the Goa State Commission

for Backward Classes Act, 1993 (Goa Act No. 13

of 1993)

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

Section 3:— Constitution of the State Commission

for Backward Classes—

(1) The State Government shall constitute a body

to be known as the State Commission for Backward

Classes to exercise the powers conferred on, and to

perform the functions assigned to it under this act.

(2) The Commission shall consist of the following

Members nominated by the State Government:–

(a) a Chairperson, who is or has been a Judge

of a High Court or District Judge or a person who

is qualified to be appointed as a Judge of a High

Court or as a District Judge;

(b) a social scientist;

in matters relating to backward classes; and

(d) a Member-Secretary, who is or has been an

Officer of the State Government in the rank of a

Secretary or above, to the Government.

————

LA/LEGN/2018/1080

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 31st July, 2018 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. 18

2ND AUGUST, 2018

1021

The Goa Land Revenue Code

(Amendment) Bill, 2018

(Bill No. 14 of 2018)

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-ninth 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, 2018.

(2) It shall come into force at once.

2. Amendment of section 33.— In section 33

of the Goa Land Revenue Code, 1968 (Act No.

9 of 1969) (hereinafter referred to as the

“principal Act”), after sub-section (2), the

following sub-section shall be inserted,

namely:—

“(3) Notwithstanding anything contained

in this section, the Collector upon receipt of

report from the Town and Country Planning

Department/Environment Department/Goa

Coastal Zone Management Authority that

any person has done land filling in any

low lying area, khazan land, land under

Coastal Regulation Zone, water body or

environmentally/ecologically sensitive area,

shall, without issuing any notice to the

owner of land or such person, immediately

restore the same to its original position and

any cost incurred in so doing shall be

recoverable from such person as if it were

arrears of land revenue.”.

3. Amendment of section 61.— In section 61

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

following proviso shall be inserted, namely:—

“Provided that such limits as may be

prescribed shall not be applicable for

partition of the land purchased by a

mundkar under the Goa, Daman and Diu

Mundkars (Protection from Eviction) Act,

1975 (Act No.1 of 1976).”.

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to amend section 33 of the

Goa Land Revenue Code, 1968 (Act No. 9 of

1969) (hereinafter referred to as the “said Act”)

so as to empower the Collector to take

immediate action against illegal land filling in

any low lying area, khazan land, land under

Coastal Regulation Zone, water body or

environmentally/ecologically sensitive area.

The Bill further seeks to amend section 61

of the said Act so as to enable the mundkar to

get the land purchased by him partitioned,

irrespective of the limits of such area.

This Bill seeks to achieve the above objects.

FINANCIAL MEMORANDUM

Clause 2 of the Bill empowers the Collector

to take immediate remedial action for

restoration of the site concerned, for which

initially some expenditure will need to be

borne, which thereafter will be recovered

under due process of law. The financial

implications on this count cannot be quantified

at this stage.

MEMORANDUM REGARDING DELEGATED

LEGISLATION

No delegated legislation is envisaged in this

Bill.

Assembly Hall,

(ROHAN A. KHAUNTE)

Porvorim, Goa.

Minister for Revenue.

30^th July, 2018.

Assembly Hall,

(NILKANTH SUBHEDAR)

Porvorim, Goa.

Secretary to the Legislative

30th July, 2018.

Assembly of Goa.

ANNEXURE

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

Extract of Section 33 and 61 of the Goa Land

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

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

33. Penalty for so using land without permission.—

(1) if any land held or assessed for one purpose is

used for another purpose without obtaining

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1022

permission of the Collector under section 32 or 32-A

or before the expiry of the period after which the

change of user is deemed to have been granted under

that section, or in contravention of any of the terms

and conditions subject to which such permission is

granted, the holder thereof or other person claiming

through or under him, as the case may be, shall be

liable to the one or more of the following penalties,

that is to say,—

(i) to pay non-agricultural assessment on the

land with reference to the altered use;

(ii) to pay such fine not exceeding the market

value of the land as the Collector may, subject

to rules made by the Government in this

behalf, direct;

(iii) to restore the land to its original use or to

observe the conditions on which the

permission is granted within such

reasonable period as the Collector may by

notice in writing direct; and such notice may

require such person to remove any structure,

to fill up any excavation or to take such other

steps as may be required in order that the

land may be used for its original purpose or

that the conditions may be satisfied.

(1A) Where the land has been used for dumping

mining rejects or like material without permission,

the Government may impose such fine as may be

prescribed.

(2) If any person fails within the period specified

in the notice aforesaid to take steps required by

the Collector, the Collector may also impose on

such person a penalty not exceeding three

hundred rupees for such contravention, and a

further penalty not exceeding thirty rupees for

each day during which the contravention

continues. The Collector may himself take those

steps or cause them to be taken; and any cost

incurred in so doing shall be recoverable from

such person as if it were an arrear of land revenue.

Explanation:— Using land for the purpose of

agriculture where it is assessed with reference to

any other purpose shall not be deemed to be

change of user.

61. Partition.— (1) Subject to the provisions of any

law for the time being in force for the prevention of

fragmentation and consolidation of holdings, a

holding may be partitioned on the decree of a civil

court or on application of 44[holder] in the manner

hereinafter prescribed.

(2) If in any holding there is more than one

co-holder, any such co-holder may apply to

the Collector for a partition of his share in the

holding:

Provided that, where any question as to title is

raised, no such partition shall be made until such

question has been decided by a civil suit.

(3) Subject to the provisions of sub-section (4),

the Collector may, after hearing the co-holders,

divide the holding and apportion the assessment

of the holding in accordance with the rules made

by the Government under this Code.

Provided that nothing in this sub-section shall

apply to any land acquired by the Government

under any law for the time being in force, dealing

with acquisites of land by the Government and

the Director of Settlement and Land Records shall

carry out partition within six months of the receipt

of mutated land index form from the concern

Mamlatdar and effect necessary changes in the

land record on the basis of records relating to

possession obtained under such law.

(4) The application under sub-section (2) shall

be rejected if the partition applied for results in

creating a holding, the area or land revenue of

which will be below such limits as may be

prescribed.

(5) Expenses properly incurred in making

partition of a holding shall be recoverable as a

revenue demand in such proportion as the

Collector may think fit from the co-holders at

whose request the partition is made, or from the

persons interested in the partition.

————

LA/LEGN/2018/1081

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 31st July, 2018 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 Regularisation of Unauthorized

Construction (Amendment) Bill, 2018

(Bill No. 15 of 2018)

BILL

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1023

further to amend the Goa Regularisation of

Unauthorized Construction Act, 2016 (Goa

Act 20 of 2016).

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth Year of the Republic

of India, as follows:—

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

Act may be called the Goa Regularisation of

Unauthorized Construction (Amendment)

Act, 2018.

(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.— In section 3

of the Goa Regularisation of Unauthorized

Construction Act, 2016 (Goa Act 20 of 2016)

(hereinafter referred to as the “principal

Act”), in sub-section (1), the following proviso

shall be inserted, namely:—

“Provided that the person who could not

make application within above period may

make such application within a period of

thirty days from the date of coming into

force of the Goa Regularisation of

Unauthorized Construction (Amendment)

Act, 2018.”.

3. Repeal and Saving.— (1) The Goa

Regularisation of Unauthorized Construction

(Amendment) Ordinance, 2018 (Ordinance

No. 1 of 2018) 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 at that relevant time.

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to enhance the time limit for

filing of the applications for regularization of

unauthorized construction.

The Bill also seeks to repeal the Goa

Regularisation of Unauthorized Construction

(Amendment) Ordinance, 2018 (Ordinance

No. 1 of 2018) promulgated by the Governor

of Goa on the 15th day of June, 2018.

This Bill seeks to achieve the above object.

FINANCIAL MEMORANDUM

No financial implications are involved in this

Bill.

MEMORANDUM REGARDING DELEGATED

LEGISLATION

Clause 1(2) of the Bill empowers the

Government to issue notification to appoint

date for bringing the Act into force.

Assembly Hall,

(ROHAN A. KHAUNTE)

Porvorim, Goa.

Minister for Revenue.

30th July, 2018.

Assembly Hall,

(NILKANTH SUBHEDAR)

Porvorim, Goa.

Secretary to the Legislative

30th July, 2018.

Assembly of Goa.

ANNEXURE

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

Extract of sub-section (1) of Section 3 of the Goa

Regularisation of Unauthorized Construction

Act, 2016 (Goa Act 20 of 2016).

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

3. Regularisation of unauthorized construction.—

(1) Any person who has carried out unauthorized

construction in the property specified herein below

before the 28th day of February, 2014, may make an

application in Form I hereto together with

application fee in the form of Court fee stamp of

rupees five, documents specified in Schedule I

hereto, sketch of the structure proposed to be

regularised alongwith dimensions to the officer as

may be authorised by the Government by

Notification in the Official Gazette, not below the

rank of Junior Scale Officer of Goa Civil Service, for

regularisation of such unauthorised construction,

within a period of 180 days from the date of coming

into force of this Act:

(a) any residential, commercial or residential

cum commercial unauthorised construction in

applicants own property or by the applicant who

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1024

is co-owner, with written consent of all other

co-owners thereto, in a property jointly held by

the applicant with such co-owners.

(b) any unauthorized construction of a

dwelling house by the applicant who is declared/

/registered as mundkar under the provisions of

the Goa, Daman and Diu Mundkars (Protection

from Eviction) Act, 1975 (Act No. 1 of 1976) or a

farm house constructed by the applicant who is

tenant or owner of an agricultural land.

applicant in undivided property jointly held by a

unit of family or families, with written consent of

all other members of the family/families.

(d) any unauthorized construction carried out

by an institution or a person other than an

individual in its property.

(e) any unauthorized construction carried out

by the applicant, in a property wholly owned by

another person with the consent of such person.

————

LA/LEGN/2018/1082

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 31st July, 2018 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 (Mopa Airport Development

Authority) Bill, 2018

(Bill No. 16 of 2018)

BILL

In order to provide better commutation

facilities to the residents of Goa, tourists

visiting Goa from within India and overseas,

and to provide a for a state of the art Airport

and other infrastructure facilities and;

In order to secure the welfare of the villagers

adjoining Mopa Airport, for their orderly

development and in order to give benefits of

Mopa Airport to these villagers, and for

securing the orderly establishment of the

Mopa Greenfield International Airport and for

that matter to provide for speedy issuance of

various licenses, clearances and Certificates

required for setting up of the Mopa Greenfield

International Airport, infrastructural facilities,

developmental work and upgradation of

existing infrastructural facilities connected

with or relating to Mopa Greenfield

International Airport project and for purposes

connected therewith and incidental thereto.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth Year of the Republic

of India, as follows:—

1. Short title, commencement and appli-

cation.— (1) This Act may be called the Goa

(Mopa Airport Development Authority) Act,

2018.

(2) It shall come into force at once.

(3) It applies to the Mopa Airport Area

specified in the Schedule hereto and to such

other areas, with effect from such date, as the

Government may, by notification in the Official

Gazette, specify.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Authority” means the Mopa Airport

Development Authority constituted under

section 3 of this Act;

(b) “Chairperson” means the Chairperson

of the Authority;

certificates,

consents,

approvals,

permissions,

sanads,

registrations,

enrollments, licences and the like, required

under the relevant law in connection

with setting up of the Mopa Greenfield

International Airport, infrastructural

facilities, developmental work and

upgradation of existing infrastructural

facilities connected with or relating to

Mopa Greenfield International Airport

project;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1025

Department or agency of the Government,

authorized Agency, statutory authority or

body, village panchayat, municipality

or municipal corporation or other local

body or any other authority or committee

which is entrusted with the powers

and responsibilities to grant or issue

clearances;

(d) “Government” means the Government

of Goa;

(e) “Mopa Airport Area” means the Mopa

Airport Area as specified in the Schedule

hereto;

(f) “Mopa International Airport Planning

Area” means the area declared as the Mopa

International Airport Planning Area under

sub-sections (1) and (2) of section 18 of the

Goa, Daman and Diu Town and Country

Planning Act, 1975 (Act 21 of 1975);

(g) “notification” means a notification

published in the Official Gazette of the

Government of Goa;

(h) “prescribed” means prescribed by

rules made under this Act;

(i) “relevant law” means the State law

and the rules, regulations, notifications and

orders framed/issued thereunder;

(j) “Schedule” means a Schedule

appended to this Act.

3. Constitution of Authority.— The

Government may, by notification in the Official

Gazette, constitute an Authority, to be known

as the Mopa Airport Development Authority,

to exercise the powers conferred on, and to

perform the functions assigned to it, by or

under this Act.

4. Composition of Authority.— The

Authority shall consist of a Chairperson to be

appointed by the Government and the

following members, namely:—

(i)

Secretary (Civil Aviation)… member.

(ii)

Secretary (Revenue) …

member.

(iii) Secretary (Town and

Country Planning)…

member.

(iv) Secretary (Urban

Development)…

member.

(v)

Secretary (Panchayats)…

member.

(vi) Chief Town Planner

(Planning)…

member.

(vii) Principal Chief Conservator

of Forests…

member.

(viii)Director of Health Services… member.

(ix) Member Secretary of Goa

Pollution Control Board…

member.

(x)

Director of Fire and

Emergency Services…

member.

(xi) Director of Civil Aviation… member

secretary.

5. Authentication.— All orders and

decisions of the Authority shall be

authenticated by signatures of the Member

Secretary of the Authority.

6. Powers and functions of the Authority.—

The Authority shall exercise the following

powers and perform the following functions,

namely:—

(i) to meet at such times and places as

the Chairperson may decide and shall

transact the business as per the procedure

as he deems fit;

(ii) to receive proposals for clearance and

give acknowledgement thereof;

(iii) to advice the Government from time

to time;

(iv) exercise the powers of the Planning

and Development Authority under the Goa,

Daman and Diu Town and Country Planning

Act, 1975 (Act 21 of 1975), a municipality

under the Goa Municipality Act, 1968 or the

Village Panchayat under the Goa Panchayat

Raj Act, 1994 as the case may be in respect

of the Mopa International Airport Planning

Area;

(v) exercise all the powers, which are

otherwise vested in the Competent

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1026

Authority under the relevant law or rules,

regulation, bye laws, notifications issued

thereunder so as to give clearances for

development of the Mopa Greenfield

International Airport.

(vi) the Authority shall exercise such

other powers and functions as may be

prescribed.

7. Miscellaneous provisions.— (1) Notwith-

standing anything contained in the Goa,

Daman and Diu Town and Country Planning

Act, 1975 (Act 21 of 1975), for the Mopa

International Airport Planning Area, the

Authority shall be deemed to be a Planning

and Development Authority under the said

Act.

(2) This Authority shall also be a deemed

Panchayat having all powers under the Goa

Panchayat Raj Act, 1994 and a deemed

Municipality under the Goa Municipality Act,

1968 with all powers thereof.

(3) Notwithstanding anything contained in

any relevant law for the time being in force,

once a proposal is cleared, and a clearance or

permission is granted by the Authority under

this Act, then no other clearance shall be

required from any Competent Authority or any

other authority under the provisions of any

such relevant law.

8. Staff of Authority.— (1) The Government

shall provide the Authority with such officers

and employees as it may deem fit.

(2) The officers and employees of the

Authority shall discharge their functions

under the general superintendence of the

Chairperson.

(3) The salaries, allowances and other

conditions of service of such officers and

employees of the Authority shall be such as

may be prescribed.

9. Members, etc., to be public servants.—

The Chairperson, Members, officers and

employees of the Authority shall be deemed

to be public servants within the meaning of

section 21 of the Indian Penal Code (45 of

1860).

10. Act to override other laws.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other State law,

rules, regulations of any authorities in force,

orders, decrees, notifications, statutes, bye-

laws for the time being in force or any custom

or usage or any instrument having effect by

virtue of any such law.

11. Appeals.— Any person aggrieved by a

decision of the Authority under this Act, may,

within a period of thirty days from the date of

such decision, prefer an appeal to the High

Court.

12. Civil court not to have jurisdiction.— No

civil court shall have jurisdiction to entertain

any suit or proceeding in respect of any matter

which the High Court is empowered by or

under this Act to determine and no injunction

shall be granted by any court or other authority

in respect of any action taken or to be taken in

pursuance of any power conferred by or under

this Act.

13. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against any person for

anything which is in good faith done or

intended to be done under this Act or any rule

made hereunder.

14. Savings.— The provisions of this Act shall

not apply to any clearances required under

Central enactments.

15. Power to give directions.— The

Government may give direction to any

Government

Department

Agency,

Authority, local authority or other authority or

any person, under this Act with regard to

the setting up of the Mopa Greenfield

International Airport, infrastructural facilities,

developmental work and upgradation of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1027

existing infrastructural facilities connected

with or relating to the Mopa Greenfield

International Airport project and such

Government

Department

Agency,

Authority, local authority or other authority or

person shall be bound to comply with such

directions.

16. Power to make rules.— The Government

may, by notification make rules for carrying

out all or any of the provisions of this Act.

17. Power to remove doubts and

difficulties.— (1) If any difficulty arises in

giving effect to the provisions of this Act, the

Government may, by order published in the

Official Gazette make such provisions, not

inconsistent with the provisions of this Act as

appear to it to be necessary or expedient for

removing the difficulty:

Provided that no order shall be made under

this section after the expiry of two years from

the date of commencement of this Act.

(2) Every order made under this section

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

laid before the State Legislature.

SCHEDULE

All that Mopa Airport Area admeasuring 2136

acres comprising of parts of the areas of villages of

Mopa, Varconda, Casarvarnem, Chandel, Uguem and

Amberem, delineated in the plan appended hereto

and bounded as under:—

North: By Survey Numbers 22/8 to 16, 25/1 to 14,

31/9, 31/15 to 18, 32/1 to 4, 34/25, 34/27, 35/3, 35/15,

33/1, 33/2, 33/6 to 12, 33/16, 33/17, 40/6 to 10 of Uguem

Village and Survey Numbers 70, 105/4, 105/6, 105/8

to 11, 106/1, 106/18, 106/36, 106/41 of Mopa Village

and Maharashtra State:

South: By Survey Numbers 36, 37, 38, 45, 46, 47,

50/7, 61, 66, 67/1, 70/1 to 6, 70/9, 70/10, 70/13, 70/16,

70/17, 85/1 to 5, 87, 88, 89, 90, 91, 92, 93, 94, 102, 104/1,

104/3, 104/5, 104/6, 104/8, 104/18, 104/39, 108/1, 109/

1, 112, 114/3, 114/4, 115/3, 115/5, 115/6, 117/1, 118/3,

118/4, 118/6, 118/7 and 127 of Varconda Village and

Survey Numbers 205, 223, 218/1, 220/4, 222/3, 222/4,

222/6, 225/1 and 2, 226, 236/1 and 2, 237/3, 238/6,

238/8, 238/10, 238/12, 264/4 and 5, 266/1 and 277 of

Casarvornem village;

East: By Survey Number 19, 21/10 and 35/5 of

Chandel Village;

West: By Survey Numbers 34/1 and 2, 38/3 and 4 of

Amberem village.

STATEMENT OF OBJECTS AND REASONS

The object is to secure orderly development

of Mopa Greenfield International Airport with

state of the art infrastructure facilities to

provide better commutation facilities to the

residents of Goa, tourists visiting Goa from

within India and overseas. It will secure the

welfare of the villagers adjoining Mopa Airport

for their orderly development and give benefits

of Mopa Airport to these villagers. The Mopa

Airport project is spread over village pachayat

areas of villages of Mopa, Varconda,

Cansarvarnem, Chandel, Uguem and

Amberem in Pernem taluka. As per the

Concession Agreement signed between the

Government of Goa and the GMR Goa

International Airport Limited (Conce-

ssionaire), the Concessionaire is required to

implement the project in a phased manner and

the first phase has to be completed within 3

years. Further, development of various other

infrastructure facilities like maintenance,

repair and overhaul (MRO), City Side

Development, etc., is also required to be done

by the Concessionaire. In order to develop the

project in a time bound manner with all

required permissions and obligations as per

the Concession Agreement it is felt necessary

to constitute Mopa Airport Development

Authority as single window mechanism fully

empowered and equipped with technical and

administrative potential.

This Bill seeks to achieve the above Objects.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1028

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for constitution

of Mopa Airport Development Authority.

Further, the Clause 8 of the Bill provides for

staff of the Authority.

The amount of financial implications

towards constitution and functioning of the

proposed Authority including cost of staffing,

office exigencies etc. cannot be quantified at

this stage.

MEMORANDUM REGARDING DELEGATED

LEGISLATION

Clause 1 (3) of the Bill empowers the

Government to issue notification for extending

provisions of the Act for other areas.

Clause 3 of the Bill empowers the

Government to issue notification to constitute

an Authority, to be known as the Mopa Airport

Development Authority.

Clause 6 (vi) of the Bill empowers the

Government to frame rules for other powers

and function to be exercised by the Authority.

Clause 8 (3) of the Bill empowers the

Government to frame rules for prescribing the

salaries, allowances and other conditions

of service of officers and employees of the

Authority.

Clause 16 of the Bill empowers the

Government to make rules for carrying out all

or any of the provisions of the Act.

Clause 17 of the Bill empowers the

Government to issue order for removing any

difficulty which arises in giving effect to the

provision of the Act.

These delegations are of normal character.

Porvorim-Goa. (Shri MANOHAR PARRIKAR)

30th July, 2018.

Chief Minister/

/Minister of Civil Aviation.

Assembly Hall,

(Shri NILKANT SUBHEDAR)

Porvorim-Goa.

Secretary to the

30th July, 2018.

Legislative Assembly of Goa.

Governor’s Recommendation under Article

207 of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Smt. Mridula Sinha, the

Governor of Goa, hereby recommend to the

Legislative Assembly of Goa, the introduction

and consideration of the the Goa (Mopa

Airport Development Authority) Bill, 2018.

RAJ BHAVAN.

MRIDULA SINHA,

Date: 30-7-2018.

Governor of Goa.

———ttt———

Department of Industries

Notification

1/18/2017-IND/268

SUB.:- CAPITAL SUBSIDY SCHEME, 2017.

1. Short title and commencement.— 1.1 The

Government of Goa is pleased to frame the

“Capital Subsidy Scheme, 2017” to provide

financial assistance to the enterprises in the

State of Goa. This scheme shall be governed

by the Goa State Incentives to Encourage

Investments Scheme, 2017. This scheme shall

come in force with effect from 1st October, 2017

and shall remain in force upto 30th September,

2022.

2. Objectives.— 2.1 To support industrial

development in the State of Goa.

2.2 To facilitate up-gradation of existing

industries.

2.3 To make the business financially viable

and attractive to small industries.

3. Eligibility.— 3.1 All micro and small scale

manufacturing units falling under white,

green and orange category shall be eligible.

3.2 All manufacturing units which have

commenced commercial production after

1-10-2017 shall be eligible.

3.3 All units which carry out substantial

expansion after 1-10-2017 as defined in the

umbrella scheme shall be eligible.

3.4 The units which have availed of Chief

Minister Rojgar Yojana (CMRY) Scheme or any

scheme of Government of India/Government

of Goa wherein capital subsidy is granted shall

not be eligible for benefits under this scheme.

3.5

The units which are taking or have

taken any benefit under the Information

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1029

Technology Investment Policy of the

Department of Information Technology,

Government of Goa shall not be eligible for

benefits under this scheme.

3.6 This scheme shall not be applicable

to cases which have claimed similar

benefit under any other scheme/program of

Government of Goa.

4. Nature of Benefit.— 4.1 A capital subsidy

of 30% of the cost of capital subject to a ceiling

of Rs. 10 lakh for micro units, provided the

subsidy on building/office is restricted to

Rs. 5 lakh; shall be granted under this scheme.

4.2 A capital subsidy of 30% of the cost of

capital subject to a ceiling of Rs. 20 lakh for

small units provided the subsidy on building/

/office is restricted to Rs. 10 lakh shall be

granted under this scheme.

4.3 For the purpose of this scheme, the cost

of capital shall include the cost of:–

(i) All plant and machinery installed in

the unit;

(ii) Information and Communication

Technology (ICT) equipment required to

operate the machinery;

(iii) Office and Factory premises.

4.4

However, the cost of land, pre-

operative expenses, office equipment, ICT

equipment for office use, all types of furniture

and ERP software shall not be included while

calculating the cost of capital.

4.5 For units which have commenced

commercial production after 1-10-2017, the

eligible purchases made before 1-10-2017 will

be considered for calculation of cost of capital

subject to Chartered Accountant certification

that such purchases have been utilized for the

project under claim.

4.6 The benefits under this scheme are

subjected to budgetary allocation. No

Promisory Estoppel shall be applicable if

benefits are discontinued in case allocation is

exceeded.

5. Procedure for Filing Claims.— 5.1 The

benefits sanctioned under this scheme shall

be disbursed in two equal installments.

5.2 The units shall be required to make

separate applications for release of each

eligible installment.

5.3 The eligible units shall apply for capital

subsidy within one year of the date of

commencement of commercial production.

5.4. Release of 1st installment: The first

installment of subsidy i.e. 50% of the total

sanctioned amount shall be released to the

applicant after the recommendation of the

Task Force Committee.

5.5

Release of 2nd installment: After

completion of two years from the date of

commencement of commercial production,

the eligible functioning units shall apply in the

specified proforma to the Directorate of

Industries, Trade & Commerce along with

documents as specified.

6. Procedure to file Claims.— 6.1 The eligible

units shall apply in the specified proforma to

the Directorate of Industries, Trade and

Commerce (DITC) along with the following

documents:

(i) A self-attested copy of registration

under Umbrella Scheme;

(ii) A self-declaration in the format provided;

(iii) Relevant Invoices and Receipts to

support the claim amount;

(iv) A certificate from a Chartered

Accountant certifying the investment as per

requirement of the scheme.

(v) A certificate from a Chartered

Accountant certifying that the unit has not

availed any incentive from Department of

Information Technology, Government of Goa.

(vi) A Chartered Accountant certificate

certifying that no other claim for similar

benefit has been made under any other

scheme/program of Government of Goa.

6.2 For Second Installment:

An application with:

(i) Audited balance sheets of above referred

two years;

(ii) Income tax returns of above referred two

years;

(iii) GST Returns of two years/ROC returns

(if applicable).

This has been issued with the concurrence

of the Finance (Expenditure) Department vide

U.O. No. 1400044922 dated 21-06-2018.

By order and in the name of the Governor

of Goa.

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

Porvorim, 27th July, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1030

Department of Personnel

——

Notification

1/15/85-PER

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the Government

Notification No. 1/6/79-PER dated 10-2-1992,

published in the Official Gazette, Series I No.

48 dated 27-2-1992, the Governor of Goa

hereby makes the following rules to regulate

the recruitment to Group ‘A’, Gazetted post in

the Directorate of Tourism, Government of Goa,

namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called

the Government of Goa, Directorate

of Tourism, Group ‘A’, Gazetted post,

Recruitment Rules, 2018.

(2) They shall apply to the post specified

in column (1) of the Schedule to these

rules (hereinafter called as the “said

Schedule”).

(3) They shall come into force from the

date of their publication in the Official

Gazette.

2. Number, classification and level in the pay

matrix.— The number of posts, classification

of the said post and level in the pay matrix

attached thereto shall be as specified in

columns (2) to (4) of the said Schedule:

Provided that the Government may vary the

number of posts as specified in column (2) of

the said Schedule from time to time subject to

exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said post, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (5)

to (13) of the said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage

and that there are other grounds for so doing,

exempt any person from the operation of this

rule.

5. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing and in

consultation with the Goa Public Service

Commission, relax any of the provisions of

these rules with respect to any class or

category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided for

Scheduled Castes and other special categories

of persons in accordance with the orders

issued by the Government from time to time

in that regard.

These rules are issued in consultation with

the Goa Public Service Commission conveyed

vide their letter No. COM/II/13/48(2)/91/368

dated 22-6-2018.

By order and in the name of the Governor

of Goa.

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 10th July, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1031

SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13

Name/

/desig-

nation of

the post

Age limit

for direct

recruits

Period of

probation, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Level in

the Pay

Matrix

If a

D.P.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

(2018)

(Subject

variation

depen-

dent on

workload).

Selec-

tion.

Goa

General

Service,

Group

‘A’,

Gazetted.

L-10.

N. A.

N.A.

Two years.

By promotion,

failing which,

by transfer on

deputation.

Deputy

Director of

Tourism.

Promotion:

Assistant Director

of Tourism with

three years of

regular service in

the grade.

Transfer

deputation:

Official holding

analogous post

under the State/

/ C e n t r a l

G o v e r n m e n t /

/Union Territories.

Group

‘A’,

D.P.C.

consisting

of:

(i)

Chairman/

/Member,

Goa Public

Service

Commission

–-Chairman.

(ii)

Chief

Secretary or

his nominee

—Member.

(iii)

Administra-

tive

Secretary/

/Head of

Department

—Member.

(For

promotion

only).

Consul-

tation

with the

Goa

Public

Service

Com-

mission

neces-

sary

while

making

promo-

tion,

select-

ing an

official

for

appoint-

ment on

transfer

deputa-

tion and

for

amend-

ing/

relaxing

any of

the

provi-

sions of

these

Rules.

N. A.

Whether

selection

post or

non-

-selection

post

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1032

Notification

1/7/2014-PER

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the Government

Notification No. 1/9/2005-PER dated 22-4-2010,

published in the Official Gazette, Series I No.

7 dated 13-5-2010, the Governor of Goa hereby

makes the following rules to regulate the

recruitment to Group ‘B’, Gazetted, Non-

-Ministerial post in the Institute of Psychiatry

and Human Behaviour, Government of Goa,

namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called

the Government of Goa, Institute of Psychiatry

and Human Behaviour, Group ‘B’, Gazetted,

Non-Ministerial post, Recruitment Rules, 2018.

(2) They shall apply to the post specified

in column (1) of the Schedule to these

rules (hereinafter called as the “said

Schedule”).

(3) They shall come into force from the

date of their publication in the Official

Gazette.

2. Number, classification and level in the pay

matrix.— The number of posts, classification

of the said post and level in the pay matrix

attached thereto shall be as specified in

columns (2) to (4) of the said Schedule:

Provided that the Government may vary the

number of posts as specified in column (2) of

the said Schedule from time to time subject to

exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said post, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (5)

to (13) of the said Schedule.

4. Disqualification.— No person who

has entered into or contracted a marriage

with a person having a spouse living or who,

having a spouse living, has entered into

or contracted a marriage with any person,

shall be eligible for appointment to the

service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage

and that there are other grounds for so doing,

exempt any person from the operation of this

rule.

5. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing and in

consultation with the Goa Public Service

Commission, relax any of the provisions of

these rules with respect to any class or

category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided for

Scheduled Castes and other special categories

of persons in accordance with the orders

issued by the Government from time to time

in that regard.

These rules are issued in consultation with

the Goa Public Service Commission conveyed

vide their letter No. COM/I/13/35(3)/2008/357

dated 19-6-2018.

By order and in the name of the Governor

of Goa.

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 11th July, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

2ND AUGUST, 2018

1033

SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13

Name/

/desig-

nation of

the post

Age limit

for direct

recruits

Period of

probation, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Level in

the Pay

Matrix

If a

D.P.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

(2018)

(Subject

variation

depen-

dent on

workload).

N. A.

Goa

General

Service,

Group

‘B’,

Gazetted

Non-

-Ministe-

rial.

L-6.

Not

exceed-

ing 45

years

(Relaxable

for

Govern-

ment

servants

upto five

years in

accor-

dance

with the

orders or

instruc-

tions

issued by

the

Govern-

ment

from time

to time).

N.A.

Two years.

By direct

recruitment

Psychi-

atric

Social

Worker.

N. A.

Group

‘B’,

D.P.C.

consisting

of:

(i)

Chairman/

/Member,

Goa Public

Service

Commission

–-Chairman.

(ii)

Chief

Secretary or

his nominee

—Member.

(iii)

Administra-

tive

Secretary/

/Head of

Department

—Member.

(For

confirmation

only).

Consul-

tation

with the

Goa

Public

Service

Com-

mission

neces-

sary for

making

direct

recruit-

ment,

confir-

mation

and for

amend-

ing/

relaxing

any of

the

provi-

sions of

these

Rules.

Essential:

(1) Master’s Degree in Social

Work from a recognised

University, either in Medical

and Psychiatry or in Family

and Child Welfare.

(2) Two years experience in

Social Work (either in Medical

and Psychiatry or in Family

and Child Welfare).

(3) Knowledge of Konkani.

Note: In case of non-availa-

bility of suitable candidates

with knowledge of Konkani

for the posts in professional

colleges, Consultants in

Directorate of Health Services

and

highly

Technical/

/scientific posts, the Goa

Public Service Commission

may recommend a candidate

if otherwise found fit and this

requirement can be relaxed by

the Government, on the reco-

mmendation of the Goa Public

Service Commission, if the

Government is of the opinion

Whether

selection

post or

non-

-selection

post