1375

Panaji, 18th September, 2018 (Bhadra 27, 1940)

SERIES I No. 24

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 Law & Judiciary

Legal Affairs Division

___

Notification

7/9/2018-LA

The Goa Regularisation of Unauthorized

Construction (Amendment) Act, 2018 (Goa Act

16 of 2018), which has been passed by the

Legislative Assembly of Goa on 2-8-2018

and assented to by the Governor of Goa on

8-9-2018, is hereby published for the general

information of the public.

Sharad G. Marathe, Addl. Secretary (Law).

Porvorim, 18th September, 2018.

————

The Goa Regularisation of Unauthorized

Construction (Amendment) Act, 2018

(Goa Act 16 of 2018) [8-9-2018]

ACT

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:—

EXTRAORDINARY

No. 2

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No. 1 of 2018) is hereby repealed.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.

Secretariat,

DHARMENDRA SHARMA,

Porvorim-Goa.

Secretary to the

Dated: 18-9-2018. Government of Goa,

Law Department (Legal Affairs).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1376

Notification

7/10/2018-LA

The Goa Land Revenue Code (Amendment)

Act, 2018 (Goa Act 15 of 2018), which has been

passed by the Legislative Assembly of Goa on

2-8-2018 and assented to by the Governor of

Goa on 8-9-2018, is hereby published for the

general information of the public.

Sharad G. Marathe, Addl. Secretary (Law).

Porvorim, 18th September, 2018.

————

The Goa Land Revenue Code

(Amendment) Act, 2018

(Goa Act 15 of 2018) [8-9-2018]

ACT

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).”.

Secretariat,

DHARMENDRA SHARMA,

Porvorim-Goa.

Secretary to the

Dated: 18-9-2018. Government of Goa,

Law Department (Legal Affairs).

—————

Notification

7/13/2018-LA

The Goa State Higher Education Council

Act, 2018 (Goa Act 14 of 2018), which has been

passed by the Legislative Assembly of Goa on

30-7-2018 and assented to by the Governor of

Goa on 8-9-2018, is hereby published for the

general information of the public.

Sharad G. Marathe, Addl. Secretary (Law).

Porvorim, 18th September, 2018.

————

The Goa State Higher Education

Council Act, 2018

(Goa Act 14 of 2018) [8-9-2018]

ACT

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1377

(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;

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1378

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.

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

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1379

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;

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1380

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.

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1381

(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

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY No. 2)

18TH SEPTEMBER, 2018

1382

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

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.

Secretariat,

DHARMENDRA SHARMA,

Porvorim-Goa.

Secretary to the

Dated: 18-9-2018. Government of Goa,

Law Department (Legal Affairs).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 8.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—191/330—9/2018.