2131

Panaji, 22nd November, 2018 (Agrahayana 1, 1940)

SERIES I No. 34

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

Directorate of Animal Husbandry & Veterinary Services

Corrigendum

3-1(13)/2018-19/5052

Read. No. 3-1(13)2017-18/6430 dated 25-01-2018.

In the Official Gazette, Government of Goa,

Panaji dated 8th February, 2018 (Magha 19,

1939) Series I No. 45 at page 2075, in the fourth

para maximum permissible cost may be read

as “will be Rs. 34,800/- and the subsidy

component will be @ 75% i.e. Rs. 26,100/- in

place of Rs. 42,100/- and subsidy component

will be @ 75% i.e. Rs. 31,575/-”.

All the other contents in the said order

remain unchanged.

By order and in the name of the Governor

of Goa.

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

Secretary (AH).

Panaji, 19th November, 2018.

Department of General Administration

__

Addendum

47/1/2017-GAD-III/3270

Read: Government order No. 47/1/2017-GAD-III/

/3232 dated 5-11-2018.

In the Government order read in preamble,

in the first para, after the line “O/o the Member

of Parliament” the following sentence

shall be added:

“in the initial pay of Rs. 19,900/- in

index 1 of Level 2 of the Pay Matrix of

the 7th Pay Commission on co-terminus

basis”.

Rest of the contents remain unchanged.

Varsha S. Naik, Under Secretary (GA).

Porvorim, 14th November, 2018.

Department

Notification/Order/Admm./Corr.

Subject

Pages

1. Animal Husbandry

Corri.- 3-1(13)/2018-19/5052

Corrigendum.

2131

Dir. & ex officio Jt. Secy.

2. General Administration

Addm.- 47/1/2017-GAD-III/3270

Addendum.

2131

Under Secretary

3. Home

Not.- 1/10/2017-HD(G)/3270

Goa Traffic Sentinel Scheme, 2017.

2132

Under Secretary

4. Handicrafts, Textile & Coir Ord.- 2/3/2015/HT&C

Final Sanctioned Staff Strength.

2133

Under Secretary

5.a. Law & Judiciary

Ord.- 13-5-2013-LD/Estt./

Conversion of temporary posts to permanent

2134

Under Secretary

/P.F./2025

post—CJJD & JMFC.

b. —do—

Ord.- 12/10/2018-LD(Estt)/2071

Creation of posts—D&SC, South.

2135

c. —do—

Not. 10/6/2018-LA-134

The Companies (Amendment) Act, 2017.

2138

d. —do—

Not. 10/6/2018-LA-138

Indian Forest (Amendment) Act, 2017.

2163

e. —do—

Not.- 10/6/2018-LA-139

The Appropriation (No. 5) Act, 2017.

2164

6. Town & Country Planning Not.- 29/8/TCP/2015-18(Pt. file/

Rate of processing fee and rate of fee for

2167

Secretary

/2391

change of zone.

NOTE

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2132

Department of Home

Home—General Division

__

Notification

1/10/2017-HD(G)/3270

Introduction.— Due to rise in vehicular

population the increasing number of accidents

is a matter of concern. Moreover, violations of

traffic laws in the State are also increasing and

it is not feasible to detail traffic staff of the Police

Department at each and every corner due to

limited manpower resources. Therefore to

enable and encourage citizens to participate

and assist the Traffic Police, it is proposed to

start a “Traffic Sentinel Scheme”.

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

scheme may be called the “Goa Traffic Sentinel

Scheme, 2017”.

(2) It shall deemed to have come in force

w.e.f. 10th November, 2017.

3. Aims & Objective.— As a part of

community policing active participation of

members of public through Traffic Sentinel

Scheme will be sought to prosecute traffic

violators. This scheme will also play a major

role in creating road safety awareness

amongst various sections of road users and

will assist the Traffic police to prosecute traffic

violators, create traffic sense amongst various

sections of road users, by seeking active

participation of members of public.

4. Type of violations and their reward

points.—

Type of Violation

Reward Points

Photo or Video

Driving against the flow of traffic

10

Parking on Footpath/Zebra Crossing

3

Triple Riding

10

Improper Number Plate

3

Without Seat Belt

7

Without Helmet

7

Using vehicle with Tinted Glass

3

Video Clip only

Red Light Jumping

10

Dangerous Driving

10

Using Mobile while Driving

10

5. Working of Traffic sentinel scheme.— (i)

Members of public will have to register

themselves through “WhatsApp” a freeware

and (cross-platform messaging and voice over

IP Service) No. 7875756110 by providing their

Full Name and Mobile Number.

(ii) The Mobile Number itself will be the

Unique Identity (UID).

(iii) Thereafter while reporting any violation

the UID should always be mentioned so as to

credit the rewards points to the UID.

(iv) The violation shall be reported on

WhatsApp No. 7875756110.

(v) Once a citizen collects 100 points, he/

/she will be given cash reward of Rs. 1,000/-,

after deduction of statutory taxes/charges (as

applicable).

(vi) The cash reward shall be debited from

the Budget Head: Demand No. 17, 3055—Road

Transport; 00; 004—Traffic Sentinel Scheme;

01—Road Safety Education & Training (P);

50—Other Charges.

(vii) The Traffic Sentinel Scheme will be

automated by developing a ‘Mobile

Application’ (“App”) for reporting of violations

by the Traffic Sentinels and ‘Web Application’

for management of Scheme in the due

course.

(viii) Once the App is made operational, it

will be available on “Play Store” (a digital

distribution service operated and developed

by Google) and the WhatsApp Number shall

cease to be operational.

(ix) All Traffic Sentinels enrolled under the

scheme shall download the “App” from the

“Play Store” and upload the violations noticed

by them through the App.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2133

(x) Terms and conditions relating to

eligibility, responsibilities of the Traffic

Sentinels will be issued through a Standard

Operating Procedure (SOP) to be formulated

by Police Department and the same shall be

binding on all Traffic Sentinels. This SOP shall

be uploaded on “WhatsApp”/“App” as the

case may be.

6. The Traffic Sentinel Scheme shall be

operated and maintained by an officer not

below the rank of Police Sub-Inspector. He/She

shall be assisted by adequate number of sub-

ordinate staff. Dy. Supdt. of Police Traffic (HQ)

shall be the Supervisory Officer under the

overall supervision of Superintendent of Police

(Traffic).

7. The Government shall have the power to

relax any or all clauses or conditions of the

scheme.

8. If any question arises regarding

interpretation of any clause, word, expression

of the scheme, the decision shall vest with the

Government and the same shall be final and

binding on all concerned.

By order and in the name of the Governor

of Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 13th November, 2018.

———ttt———

Department of Handicrafts, Textile & Coir

__

Order

2/3/2015/HT&C

In supersession of all the previous orders for creation/revival/re-designation/upgradation

of the various posts, Government is pleased to indicate the final sanctioned staff strength of

the Department as under for the next five years:-

Sr. No.

Designation of the post

Pay Scale

Sanctioned Strength

A

B

C

D

Non-Ministerial (Non-Lapsable) Posts

1.

Director

7th Pay Level-11, Rs. 67700/-

1

2.

Assistant Director (Trg.)

7th Pay Level-10, Rs. 56100/-

1

3.

Technical Officer

7th Pay Level-6, Rs. 35400/-

2

4.

Sr. Technical Specialist (Wood)

7th Pay Level-6, Rs. 35400/-

1

5.

Accountant

7th Pay Level-6, Rs. 35400/-

1

6.

Designer

7th Pay Level-5, Rs. 29200/-

1

7.

Junior Designer

7th Pay Level-4, Rs. 25500/-

1

8.

Technical Assistant

7th Pay Level-5, Rs. 29200/-

5

9.

Master Craftsman

7th Pay Level-5, Rs. 29200/-

8

10.

Handcraft Inspector

7th Pay Level-5, Rs. 29200/-

1

11.

Assistant Craftsman

7th Pay Level-4, Rs. 25500/-

15

12.

Inspector

7th Pay Level-4, Rs. 25500/-

2

13.

Junior Craftsman

7th Pay Level-2, Rs. 19900/-

19

14.

Skilled Worker

7th Pay Level-1, Rs. 18000/-

31

15.

Mechanic

7th Pay Level-2, Rs. 19900/-

1

Ministerial (Lapsable) Posts

1.

Office Superintendent

7th Pay Level-7, Rs. 44900/-

1

2.

Head Clerk

7th Pay Level-6, Rs. 35400/-

1

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2134

A

B

C

D

3.

Sr. Stenographer

7th Pay Level-6, Rs. 35400/-

1

4.

Junior Stenographer

7th Pay Level-4, Rs. 25500/-

1

5.

U.D.C.

7th Pay Level-4, Rs. 25500/-

4

6.

L.D.C.

7th Pay Level-2, Rs. 19900/-

10

7.

Driver

7th Pay Level-2, Rs. 19900/-

3

8.

Peon

7th Pay Level-1, Rs. 18000/-

2

9.

Helpers

7th Pay Level-1, Rs. 18000/-

47

Total

160

This issue with the approval of the High Level Empowered Committee (H.L.E.C.), conveyed

vide letter No. 09/4/IDCO/2018-ARD/249 dated 21-8-2018 issued by the Department of

Administrative Reforms, Secretariat, Porvorim.

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

Maria Seomara D’Souza, Under Secretary (Handicrafts, Textile & Coir).

Porvorim, 13th November, 2018.

———ttt———

Department of Law & Judiciary

Law (Establishment) Division

—

Order

13-5-2013-LD/Estt./P.F./2025

Sanction of the Government is hereby conveyed for conversion of five (5) temporary posts of

Civil Judge Junior Division & JMFC created for the State of Goa vide Order No. 13/5/2013-

-LD(Estt.)/1178 dated 25-8-2015 into permanent ones so as to reduce the pendency for North

and South Goa District Courts in the pay scale of Rs. 27700-770-33090-920-40450-1080-44770/-

under Demand No. 03 & 04.

This issues with the approval of the High Level Empowered Committee (H.L.E.C.)

constituted with the approval of the Council of Ministers in the XXth meeting held on

08-11-2017 vide Order No. 1/1/2017-Addl. Secy. (PER) dated 22-11-2017 issued by the

Department of Personnel.

Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed vide letter

No. 9/11/IDCO/2018-ARD/315 dated 12-10-2018 issued by the Department of Administrative

Reforms, Secretariat, Porvorim-Goa.

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

Diwan N. Rane, Under Secretary (Estt.) (Link).

Porvorim, 13th November, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2135

Order

12/10/2018-LD (Estt.)/2071

Sanction of the Government is hereby accorded for creation of the following posts as per

the details shown below:–

District & Sessions Court, South Goa, Margao

Sr. No.

Designation

Pay Scale

Post approved

by HLEC

A

B

C

D

Non-Ministerial (Non-Lapsable) posts

1.

District & Sessions Judges, Margao

Rs. 51550-1230-58930-1380-63070

1

(deputation

reserve)

2.

Senior Civil Judges & Chief Judicial

Rs. 39530-920-40450-1080-49090-

1

Magistrate/Judicial Magistrate

-1230-54010

(deputation

First Class

reserve)

3.

Accountant

Pay Matrix of Level-06

1

Ministerial (Lapsable) posts

4.

Head Clerk/Asst. Sheristedar

Pay Matrix of Level-06

2

5.

U.D.C.

Pay Matrix of Level-04

3

6.

Bench Clerk Grade-III

Pay Matrix of Level-04

2

7.

Jr. Stenographer

Pay Matrix of Level-04

2

8.

L.D.C./Asst. to Nazir

Pay Matrix of Level-02

6

9.

Process Server

Pay Matrix of Level-01

27

10.

System Supervisor

Pay Matrix of Level-04

1

11.

System Assistant

Pay Matrix of Level-02

2

12.

Bailiff

Pay Matrix of Level-02

4

13.

Peon/MTS

Pay Matrix of Level-01

5

Total

57

The expenditure on the creation of the above posts would be met from the Budget Head

mentioned below:–

1.

Budget Head “2014—Administration of Justice; 00—; 105—Civil & Sessions Courts;

01—Civil Judges (South Goa); 01—Salaries (Non-Plan) (Voted)” under Demand No. 04.

2.

Budget Head “2014—Administration of Justice; 00-, 105—Civil & Sessions Courts;

02—District and Sessions Judges (South Goa); 01—Salaries (Non-Plan) (Voted)” under

Demand No. 04.

3.

Budget Head “800—Other Expenditure; 01—Establishment of Fast Track Court; South

Goa (Plan); 01—Salaries (Voted)” under Demand No. 04.

4.

Budget Head “2235—Social Security and Welfare; 60—Other Social Security and Welfare

Programmes; 200—Other Programmes; 04—District Legal Services Authority (South Goa)

(Non Plan); 01—Salaries” under Demand No. 62.

As per the recommendation and approval of the High Level Empowered Committee (H.L.E.C.),

the following posts shall stand abolished, upon superannuation/retirement of the incumbent

or upon the post falling vacant (for whatever reasons).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2136

Sr.

Designation of the post

Name of the Official

Remarks

No.

Ministerial (Lapsable) posts

holding the post

1.

Watchman & Liftman

Watchman

The posts of Watchman

Pay Scale-Pay Matrix of Level-1

1.

Shri Manoj N. Naik

and Liftman the District

2.

Shri Somnath R. Komarpant

& Subordinate Courts in

3.

Shri Gopalkrishna N. Gaonkar

the South Goa District to

4.

Shri Anil J. Shet

be abolished on super-

5.

Shri Mahendra K. Hadkonkar

annuation of the present

6.

Shri Prakash V. Sawant

incumbents or vacancy

7.

Shri Mohan S. Pauskar

of the post and subse-

8.

Shri Devendra S. Painguinkar

quently be outsourced

9.

Shri Sau Shido Lambor

from the Goa Human

10.

Shri Dinesh Janu Velip

Resource Development

11.

Shri Suraj Ramu Komarpant

Corporation.

12.

Shri Laximan Anand Priolkar

Liftman

1.

Shri Mukesh A. Dessai

2.

Wet Sweepers/Sweepers

Wet Sweepers existing

With regard to the post of

Pay Scale Rs. 4440-7440-1300/-

on temporary status

Wet Sweepers/Sweepers,

(Pre Revised Matrix)

1.

Ms. Mangala M. Borkar

existing on temporary

2.

Ms. Lali D. Gaonkar

status basis, 09 posts in

3.

Ms. Shital S. Naik

South Goa District and

4.

Ms. Urmila Sanvordekar

Subordinate Courts are to

5.

Ms. Sumati D. Borkar

be abolished on vacancy

6.

Ms. Shanta Raju Dessai

of the posts and future

7.

Ms. Divya Dipendra Naik

requirements be outsourced

from Goa Human Resource

Development Corporation.

At present there are only

07 Wet Sweepers on

temporary basis. Further,

the Wet Sweepers/Sweepers

on contract basis existing

in the South Goa District &

Subordinate Courts also to

be outsourced from the

GHRC after expiry of their

contract.

Rs. 4480/- per month

Wet Sweeper on Contract basis

1.

Ms. Abida Bi Mulla alias

Hamidabi Murtuza Qadar Shaikh

3.

Clerk-cum-Typist on daily wages

Clerk-cum-Typist on daily wages

12 posts of Clerk-cum-

Pay Rs. 434/- per day

1. Shri Mario Antonio Gomes

Typist on daily wages

2. Ms. Rekha Shet Shirodkar

existing in South Goa

3. Ms. Hema Shivaji Dessai

District Court are to be

abolished with immediate

effect.

In supersession of all the previous orders for creation/revival/redesignation/upgradation of

the various posts, Government is pleased to indicate the final sanctioned staff strength of the

Department as under for the next five years:–

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2137

District & Sessions Court, South Goa, Margao

Sr. No.

Designation

Pay Scale

Sanction strength

A

B

C

D

Non-Ministerial (Non-Lapsable) posts

1.

Principal District & Sessions Judge

Rs. 51550-1230-58930-1380-63070

1

2.

District & Sessions Judges, Margao

Rs. 51550-1230-58930-1380-63070

5

3.

Ad hoc District Judges & Asst. Sessions

Rs. 51550-1230-58930-1380-63070

2

Judges (FTC-I & II) Margao

4.

Senior Civil Judges & Chief Judicial

Rs. 39530-920-40450-1080-49090-

8

Magistrate/Judicial Magistrate First Class

-1230-54010

5.

Civil Judges, Junior Division & Judicial

Rs. 27700-770-33090-920-40450-

12

Magistrate First Class

-1080-44770

6.

Chief Administrative Officer

Pay Matrix of Level-10

1

7.

Court Manager

Pay Matrix of Level-09

1

8.

Accountant

Pay Matrix of Level-06

1

Ministerial (Lapsable) posts

9.

Superintendent/Protocol Officer-

Pay Matrix of Level-07

11

-cum-Superintendent

10.

Bench Clerk Grade-I

Pay Matrix of Level-07

7

11.

Stenographer Grade-I

Pay Matrix of Level-07

7

12.

Head Clerk/Asst. Sheristedar

Pay Matrix of Level-06

17

13.

Bench Clerk Grade-II

Pay Matrix of Level-06

7

14.

Stenographer Grade-II

Pay Matrix of Level-06

7

15.

Nazir

Pay Matrix of Level-05

11

16.

Upper Division Clerk

Pay Matrix of Level-04

30

17.

Bench Clerk Grade-III

Pay Matrix of Level-04

12

18.

Jr. Stenographer

Pay Matrix of Level-04

15

(To be redesignated as

Stenographer Grade III)

19.

LDC/Asst. to Nazir

Pay Matrix of Level-02

91

20.

Process Server

Pay Matrix of Level-01

27

21.

System Supervisor

Pay Matrix of Level-04

1

22.

System Assistant

Pay Matrix of Level-02

2

23.

Driver

Pay Matrix of Level-02

4

24.

Bailiff

Pay Matrix of Level-02

45

25.

Book Binder

Pay Matrix of Level-02

1

26.

Havildar

Pay Matrix of Level-02

1

27.

Peon/MTS

Pay Matrix of Level-01

50

28.

Liftman

Pay Matrix of Level-01

1

29.

Watchman

Pay Matrix of Level-01

14

Total:

392

This issues with the approval of the High Level Empowered Committee (H.L.E.C.) constituted

with the approval of the Council of Ministers in the XXth meeting held on 8-11-2017 vide Order

No. 1/1/2017-Addl. Secy (PER) dated 22-11-2017 issued by Department of Personnel.

Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed vide letter No. 9/

/11/IDCO/2018-ARD/315 dated 12-10-2018 and letter No. 9/16/IDCO/2018-ARD/362 dated

13-11-2018 issued by the Department of Administrative Reforms, Secretariat.

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

Diwan N. Rane, Under Secretary (Estt.) (Link).

Porvorim, 16th November, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2138

Legal Affairs Division

Notification

10/6/2018-LA-134

The Companies (Amendment) Act, 2017

(Central Act No. 1 of 2018), which has been

passed by Parliament and assented to by the

President on 3-1-2018 and published in

the Gazette of India, Extraordinary, Part

II, Section 1 dated 3-1-2018, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 14th June, 2018.

________

THE COMPANIES (AMENDMENT)

ACT, 2017

AN

ACT

further to amend the Companies Act, 2013.

Be it enacted by Parliament in the Sixty-

eighth Year of the Republic of India as

follows:—

1. Short title and commencement.— (1)

This Act may be called the Companies

(Amendment) Act, 2017.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint and different

dates may be appointed for different

provisions of this Act and any reference in any

provision to the commencement of this Act

shall be construed as a reference to the coming

into force of that provision.

2. Amendment of section 2.— In

section 2 of the Companies Act, 2013

(hereinafter referred to as the

principal Act),—

(i) in clause (6), for the Explanation, the

following Explanation shall be substituted,

namely:—

‘Explanation.— For the purpose of this

clause,—

(a) the expression “significant

influence” means control of at least

twenty per cent. of total voting power,

or control of or participation in business

decisions under an agreement;

(b) the expression “joint venture”

means a joint arrangement whereby

the parties that have joint control of the

arrangement have rights to the net

assets of the arrangement;’;

(ii) for clause (28), the following clause

shall be substituted, namely:—

‘(28) “Cost Accountant”

means a cost accountant as

defined in clause (b) of

sub-section (1) of section 2 of

the Cost and Works Accountants

Act, 1959 and who holds a valid

certificate of practice under sub-

section (1) of section 6 of that

Act;’;

(iii) in clause (30), the following proviso

shall be inserted, namely:—

“Provided that—

(a)

the

instruments

referred to in Chapter III-D of

the Reserve Bank of India Act,

1934; and

(b) such other instrument, as may be

prescribed by the Central Government

in consultation with the Reserve Bank

of India, issued by a company,

shall not be treated as debenture;”;

(iv) in clause (41), in the first proviso, after

the word “subsidiary”, the words “or

associate company” shall be inserted;

(v) in clause (46), the following Explanation

shall be inserted, namely:—

18 of 2013.

23 of 1959.

2 of 1934.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2139

‘Explanation.— For the purposes of

this clause, the expression “company”

includes any body corporate;’;

(vi) clause (49) shall be omitted;

(vii) in clause (51),—

(a) in sub-clause (iv), the word “and”

shall be omitted;

(b) for sub-clause (v), the following

sub-clauses shall be substituted,

namely:—

“(v) such other officer, not more than

one level below the directors who is in

whole-time employment, designated as

key managerial personnel by the Board;

and

(vi) such other officer as may be

prescribed;”;

(viii) in clause (57), for the words “and

securities premium account”, the words

“, securities premium account and debit

or credit balance of profit and loss

account,” shall be substituted;

(ix) in clause (71), in sub-clause (a),

after the word “company;”, the word

“and” shall be inserted;

(x) in clause (72), in the proviso, in

clause (A), after the words “State Act”,

the words “other than this Act or the

previous company law” shall be inserted;

(xi) in clause (76), for sub-clause (viii),

the following sub-clause shall be

substituted, namely:—

“(viii) any body corporate which is—

(A) a holding, subsidiary or an

associate company of such company;

(B) a subsidiary of a holding

company to which it is also a

subsidiary; or

(C) an investing company or the

venturer of the company;”;

Explanation.— For the purpose of this

clause, “the investing company or the

venturer of a company” means a body

corporate whose investment in the company

would result in the company becoming an

associate company of the body corporate.

(xii) in clause (85),—

(a) in sub-clause (i), for the words “five

crore rupees”, the words “ten crore rupees”

shall be substituted;

(b) in sub-clause (ii),—

(A) for the words “as per its last profit

and loss account”, the words “as per

profit and loss account for the

immediately preceding financial year”

shall be substituted;

(B) for the words “twenty crore

rupees”, the words “one hundred crore

rupees” shall be substituted;

(xiii) in clause (87), in sub-clause (ii), for

the words “total share capital”, the words

“total voting power” shall be substituted;

(xiv) for clause (91), the following clause

shall be substituted, namely:—

‘(91) “turnover” means the gross

amount of revenue recognised in the

profit and loss account from the sale,

supply, or distribution of goods or on

account of services rendered, or both, by

a company during a financial year;’.

3. Insertion of new section 3A.— After

section 3 of the principal Act, the following

section shall be inserted, namely:—

“3A. Members severally liable in certain

cases.— If at any time the number of

members of a company is reduced, in the

case of a public company, below seven, in

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2140

the case of a private company, below two,

and the company carries on business for

more than six months while the number of

members is so reduced, every person who

is a member of the company during the time

that it so carries on business after those six

months and is cognisant of the fact that it is

carrying on business with less than seven

members or two members, as the case may

be, shall be severally liable for the payment

of the whole debts of the company

contracted during that time, and may be

severally sued therefor.”.

4. Amendment of section 4.— In section 4

of the principal Act, in sub-section (5), for

clause (i), the following shall be substituted,

namely:—

“(i) Upon receipt of an application under

sub-section (4), the Registrar may, on the

basis of information and documents

furnished along with the application,

reserve the name for a period of twenty

days from the date of approval or such other

period as may be prescribed:

Provided that in case of an application for

reservation of name or for change of its

name by an existing company, the Registrar

may reserve the name for a period of sixty

days from the date of approval.”.

5. Amendment of section 7.— In section 7

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

(c), for the words “an affidavit”, the words

“a declaration” shall be substituted.

6. Amendment of section 12.— In section

12 of the principal Act,—

(i) in sub-section (1), for the words “on

and from the fifteenth day of its

incorporation”, the words “within thirty

days of its incorporation” shall be

substituted;

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

“within fifteen days”, the words “within

thirty days” shall be substituted.

7. Amendment of section 21.— In section

21 of the principal Act, for the words “an

officer of the company”, the words “an officer

or employee of the company” shall be

substituted.

8. Amendment of section 26.— In section

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

(i) after the words “signed and shall”, the

following shall be inserted, namely:—

“State such information and set out

such reports on financial information as

may be specified by the Securities and

Exchange Board in consultation with the

Central Government:

Provided that until the

Securities and Exchange Board

specifies the information and

reports on financial information

under this sub-section, the

regulations made by the

Securities and Exchange Board

under the Securities and

Exchange Board of India Act,

1992, in respect of such financial

information or reports on

financial information shall

apply.”;

(ii) clauses (a), (b) and (d) shall be omitted.

9. Amendment of section 35.— In section

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

clause (b), the following clause shall be

inserted, namely:—

“(c) that, as regards every misleading

statement purported to be made by an

expert or contained in what purports to be

a copy of or an extract from a report or

valuation of an expert, it was a correct and

fair representation of the statement, or a

correct copy of, or a correct and fair extract

from, the report or valuation; and he had

reasonable ground to believe and did up to

the time of the issue of the prospectus

believe, that the person making the

statement was competent to make it and that

the said person had given the consent

required by sub-section (5) of section 26 to

15 of 1992.

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the issue of the prospectus and had not

withdrawn that consent before delivery of

a copy of the prospectus for registration

or, to the defendant’s knowledge, before

allotment thereunder.”.

10. Substitution of new section for section

42.— For section 42 of the principal Act, the

following section shall be substituted,

namely:—

‘42. Issue of shares on private placement

basis.— (1) A company may, subject to the

provisions of this section, make a private

placement of securities.

(2) A private placement shall be made only

to a select group of persons who have been

identified by the Board (herein referred to as

“identified persons”), whose number shall not

exceed fifty or such higher number as may

be prescribed [excluding the qualified

institutional buyers and employees of the

company being offered securities under a

scheme of employees stock option in terms of

provisions of clause (b) of sub-section (1) of

section 62], in a financial year subject to such

conditions as may be prescribed.

(3) A company making private placement

shall issue private placement offer and

application in such form and manner as may

be prescribed to identified persons, whose

names and addresses are recorded by the

company in such manner as may be

prescribed:

Provided that the private placement offer

and application shall not carry any right of

renunciation.

Explanation I.— “private placement”

means any offer or invitation to subscribe or

issue of securities to a select group of persons

by a company (other than by way of public

offer) through private placement offer-cum-

application, which satisfies the conditions

specified in this section.

Explanation

II.—

“qualified

institutional buyer” means the

qualified institutional buyer as

defined in the Securities and

Exchange Board of India (Issue of

Capital and Disclosure Require-

ments) Regulations, 2009, as

amended from time to time, made

under the Securities and Exchange

Board of India Act, 1992.

Explanation III.— If a company, listed or

unlisted, makes an offer to allot or invites

subscription, or allots, or enters into an

agreement to allot, securities to more than the

prescribed number of persons, whether the

payment for the securities has been received

or not or whether the company intends to list

its securities or not on any recognised stock

exchange in or outside India, the same shall

be deemed to be an offer to the public and

shall accordingly be governed by the

provisions of Part I of this Chapter.

(4) Every identified person willing to

subscribe to the private placement issue shall

apply in the private placement and application

issued to such person alongwith subscription

money paid either by cheque or demand

draft or other banking channel and not by

cash:

Provided that a company shall not utilise

monies raised through private placement

unless allotment is made and the return of

allotment is filed with the Registrar in

accordance with sub-section (8).

(5) No fresh offer or invitation under this

section shall be made unless the allotments

with respect to any offer or invitation made

earlier have been completed or that offer or

invitation has been withdrawn or abandoned

by the company:

Provided that, subject to the maximum

number of identified persons under sub-

-section (2), a company may, at any time, make

more than one issue of securities to such class

of identified persons as may be prescribed.

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(6) A company making an offer or invitation

under this section shall allot its securities

within sixty days from the date of receipt of

the application money for such securities and

if the company is not able to allot the securities

within that period, it shall repay the

application money to the subscribers within

fifteen days from the expiry of sixty days and

if the company fails to repay the application

money within the aforesaid period, it shall be

liable to repay that money with interest at the

rate of twelve per cent. per annum from the

expiry of the sixtieth day:

Provided that monies received on

application under this section shall be kept in

a separate bank account in a scheduled bank

and shall not be utilised for any purpose other

than—

(a) for adjustment against allotment of

securities; or

(b) for the repayment of monies where the

company is unable to allot securities.

(7) No company issuing securities under

this section shall release any public

advertisements or utilise any media,

marketing or distribution channels or agents

to inform the public at large about such an

issue.

(8) A company making any allotment of

securities under this section, shall file with the

Registrar a return of allotment within fifteen

days from the date of the allotment in such

manner as may be prescribed, including a

complete list of all allottees, with their full

names, addresses, number of securities

allotted and such other relevant information

as may be prescribed.

(9) If a company defaults in filing the return

of allotment within the period prescribed

under sub-section (8), the company, its

promoters and directors shall be liable to a

penalty for each default of one thousand

rupees for each day during which such default

continues but not exceeding twenty-five lakh

rupees.

(10) Subject to sub-section (11), if a

company makes an offer or accepts monies in

contravention of this section, the company, its

promoters and directors shall be liable for a

penalty which may extend to the amount

raised through the private placement or two

crore rupees, whichever is lower, and the

company shall also refund all monies with

interest as specified in sub-section (6) to

subscribers within a period of thirty days of

the order imposing the penalty.

(11) Notwithstanding anything

contained in sub-section (9) and sub-

-section (10), any private placement

issue not made in compliance of the

provisions of sub-section (2) shall be

deemed to be a public offer and all

the provisions of this Act and the

Securities Contracts (Regulation) Act,

1956 and the Securities and

Exchange Board of India Act, 1992

shall be applicable.’.

11. Amendment of section 47.— In section

47, in sub-section (1), for the words, figures

and brackets “provisions of section 43 and

sub-section (2) of section 50”, the words,

figures and brackets “provisions of section 43,

sub-section (2) of section 50 and sub-section

(1) of section 188” shall be substituted.

12. Amendment of section 53.— In section

53 of the principal Act,—

(i) in sub-section (2), for the words

“discounted price”, the word “discount”

shall be substituted;

(ii) after sub-section (2), the following

sub-section shall be inserted, namely:—

“(2A) Notwithstanding any-

thing contained in sub-sections

(1) and (2), a company may

issue shares at a discount to its

creditors when its debt is

converted into shares in

pursuance of any statutory

resolution

plan

or

debt

restructuring

scheme

in

accordance with any guidelines

or directions or regulations

specified by the Reserve Bank

42 of 1956.

15 of 1992.

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of India under the Reserve Bank

of India Act, 1934 or the Banking

(Regulation) Act, 1949.”.

13. Amendment of section 54.— In section

54, in sub-section (1), clause (c) shall be

omitted.

14. Amendment of section 62.— In section

62 of the principal Act,—

(i) in sub-section (1), in clause (c), for the

words “of a registered valuer subject to such

conditions as may be prescribed”, the words

and figures “of a registered valuer, subject to

the compliance with the applicable provisions

of Chapter III and any other conditions as may

be prescribed” shall be substituted;

(ii) for sub-section (2), the following sub-

-section shall be substituted, namely:—

“(2) The notice referred to in sub-clause

(i) of clause (a) of sub-section (1) shall be

dispatched through registered post or

speed post or through electronic mode or

courier or any other mode having proof of

delivery to all the existing shareholders at

least three days before the opening of the

issue.”.

15. Amendment of section 73.— In section

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

(i) for clause (c), the following clause shall

be substituted, namely:—

“(c) depositing, on or before the thirtieth

day of April each year, such sum which shall

not be less than twenty per cent. of the

amount of its deposits maturing during the

following financial year and kept in a

scheduled bank in a separate bank account

to be called deposit repayment reserve

account;”;

(ii) clause (d) shall be omitted;

(iii) in clause (e), for the words “such

deposits;”, the following shall be substituted,

namely:—

“such deposits and where a default had

occurred, the company made good the

default and a period of five years had lapsed

since the date of making good the default;”.

16. Amendment of section 74.— In section

74, in sub-section (1), for clause (b), the

following clause shall be substituted,

namely:—

“(b) repay within three years from such

commencement or on or before expiry of the

period for which the deposits were

accepted, whichever is earlier:

Provided that renewal of any such

deposits shall be done in accordance with

the provisions of Chapter V and the rules

made thereunder.”.

17. Amendment of section 76A.— In section

76A of the principal Act,—

(a) in clause (a), for the words, “one crore

rupees”, the words “one crore rupees or twice

the amount of deposit accepted by the

company, whichever is lower” shall be

substituted;

(b) in clause (b),—

(i) for the words “seven years or with

fine”, the words “seven years and with fine”

shall be substituted;

(ii) the words “or with both” shall be

omitted.

18. Amendment of section 77.— In section

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

the third proviso, the following proviso shall

be inserted, namely:—

“Provided also that this section shall not

apply to such charges as may be prescribed

in consultation with the Reserve Bank of

India.”.

19. Amendment of section 78.— In section

78 of the principal Act, for the words and

figures “register the charge within the period

specified in section 77”, the words, brackets

2 of 1934.

10 of 1949.

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and figures “register the charge within the

period of thirty days referred to in sub-section

(1) of section 77” shall be substituted.

20. Amendment of section 82.— In section

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

(i) the words, brackets and figures “and the

provisions of sub-section (1) of section 77 shall,

as far as may be, apply to an intimation given

under this section” shall be omitted;

(ii) the following proviso shall be inserted,

namely:—

“Provided that the Registrar may, on an

application by the company or the charge

holder, allow such intimation of payment or

satisfaction to be made within a period of

three hundred days of such payment or

satisfaction on payment of such additional

fees as may be prescribed.”.

21. Amendment of section 89.— In section

89 of the principal Act,—

(i) in sub-section (6), the words and

figures, “within the time specified under

section 403” shall be omitted;

(ii) in sub-section (7), for the words and

figures, “under the first proviso to sub-

section (1) of section 403”, the word

“therein”, shall be substituted;

(iii) after sub-section (9), the following

sub-section shall be inserted, namely:—

“(10) For the purposes of this section

and section 90, beneficial interest in a

share includes, directly or indirectly,

through any contract, arrangement or

otherwise, the right or entitlement of a

person alone or together with any other

person to—

(i) exercise or cause to be exercised

any or all of the rights attached to such

share; or

(ii) receive or participate in any

dividend or other distribution in

respect of such share.”.

22. Substitution of new section for section

90.— For section 90 of the principal Act, the

following section shall be substituted,

namely:—

‘90. Register of significant beneficial

owners in a company.— (1) Every

individual, who acting alone or together, or

through one or more persons or trust,

including a trust and persons resident

outside India, holds beneficial interests, of

not less than twenty-five per cent. or such

other percentage as may be prescribed, in

shares of a company or the right to exercise,

or the actual exercising of significant

influence or control as defined in clause (27)

of section 2, over the company (herein

referred to as “significant beneficial

owner”), shall make a declaration to the

company, specifying the nature of his

interest and other particulars, in such

manner and within such period of

acquisition of the beneficial interest or rights

and any change thereof, as may be

prescribed:

Provided that the Central Government may

prescribe a class or classes of persons who

shall not be required to make declaration

under this sub-section.

(2) Every company shall maintain a register

of the interest declared by individuals under

sub-section (1) and changes therein which

shall include the name of individual, his date

of birth, address, details of ownership in the

company and such other details as may be

prescribed.

(3) The register maintained under sub-

-section (2) shall be open to inspection by any

member of the company on payment of such

fees as may be prescribed.

(4) Every company shall file a return of

significant beneficial owners of the company

and changes therein with the Registrar

containing names, addresses and other

details as may be prescribed within such time,

in such form and manner as may be

prescribed.

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(5) A company shall give notice, in the

prescribed manner, to any person (whether

or not a member of the company) whom the

company knows or has reasonable cause to

believe—

(a) to be a significant beneficial owner of

the company;

(b) to be having knowledge of the identity

of a significant beneficial owner or another

person likely to have such knowledge; or

(c) to have been a significant beneficial

owner of the company at any time during

the three years immediately preceding the

date on which the notice is issued,

and who is not registered as a significant

beneficial owner with the company as

required under this section.

(6) The information required by the notice

under sub-section (5) shall be given by the

concerned person within a period not

exceeding thirty days of the date of the notice.

(7) The company shall,—

(a) where that person fails to give the

company the information required by

the notice within the time specified therein;

or

(b) where the information given is not

satisfactory, apply to the Tribunal within a

period of fifteen days of the expiry of the

period specified in the notice, for an order

directing that the shares in question be

subject to restrictions with regard to transfer

of interest, suspension of all rights attached

to the shares and such other matters as may

be prescribed.

(8) On any application made under sub-

-section (7), the Tribunal may, after giving an

opportunity of being heard to the parties

concerned, make such order restricting the

rights attached with the shares within a period

of sixty days of receipt of application or such

other period as may be prescribed.

(9) The company or the person aggrieved

by the order of the Tribunal may make an

application to the Tribunal for relaxation or

lifting of the restrictions placed under sub-

-section (8).

(10) If any person fails to make a declaration

as required under sub-section (1), he shall be

punishable with fine which shall not be less

than one lakh rupees but which may extend

to ten lakh rupees and where the failure is a

continuing one, with a further fine which may

extend to one thousand rupees for every day

after the first during which the failure

continues.

(11) If a company, required to maintain

register under sub-section (2) and file the

information under sub-section (4), fails to do

so or denies inspection as provided therein,

the company and every officer of the company

who is in default shall be punishable with fine

which shall not be less than ten lakh rupees

but which may extend to fifty lakh rupees and

where the failure is a continuing one, with a

further fine which may extend to one

thousand rupees for every day after the first

during which the failure continues.

(12) If any person wilfully furnishes any false

or incorrect information or suppresses any

material information of which he is aware in

the declaration made under this section, he

shall be liable to action under section 447.’.

23. Amendment of section 92.— In section

92 of the principal Act,—

(i) in sub-section (1),—

(a) clause (c) shall be omitted;

(b) in clause (j), the words “indicating

their names, addresses, countries of

incorporation, registration and percentage

of shareholding held by them” shall be

omitted;

(c) after the proviso, the following proviso

shall be inserted, namely:—

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‘Provided further that the Central

Government may prescribe abridged form

of annual return for “One Person Company,

small company and such other class or

classes of companies as may be

prescribed”.’.

(ii) for sub-section (3), the following sub-

-section shall be substituted, namely:—

“(3) Every company shall place a copy of

the annual return on the website of the

company, if any, and the web-link of such

annual return shall be disclosed in the

Board’s report.”.

(iii) in sub-section (4), the words and

figures, “within the time as specified, under

section 403” shall be omitted;

(iv) in sub-section (5), for the words and

figures, “under section 403 with additional

fees” the word “therein” shall be substituted.

24. Omission of section 93.— Section 93 of

the principal Act shall be omitted.

25. Amendment of section 94.— In section

94 of the principal Act,—

(i) in sub-section (1), in the first proviso, the

words “and the Registrar has been given a

copy of the proposed special resolution in

advance” shall be omitted;

(ii) in sub-section (3), the following proviso

shall be inserted, namely:—

“Provided that such particulars of the

register or index or return as may be

prescribed shall not be available for

inspection under sub-section (2) or for

taking extracts or copies under this sub-

-section.”.

26. Amendment of section 96.— In section

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

the proviso, for the words

“Provided that”, the following shall be

substituted, namely:—

“Provided that annual general meeting

of an unlisted company may be held at any

place in India if consent is given in writing

or by electronic mode by all the members

in advance:

Provided further that”.

27. Amendment of section 100.— In section

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

following proviso shall be inserted, namely:—

“Provided that an extraordinary general

meeting of the company, other than of the

wholly owned subsidiary of a company

incorporated outside India, shall be held at

a place within India.”.

28. Amendment of section 101.— In section

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

the proviso, the following proviso shall be

substituted, namely:—

“Provided that a general meeting may be

called after giving shorter notice than that

specified in this sub-section if consent, in

writing or by electronic mode, is accorded

thereto—

(i) in the case of an annual general

meeting, by not less than ninty-five per cent.

of the members entitled to vote thereat; and

(ii) in the case of any other general

meeting, by members of the company—

(a) holding, if the company has a share

capital, majority in number of members

entitled to vote and who represent not less

than ninety-five per cent. of such part of

the paid-up share capital of the company

as gives a right to vote at the meeting; or

(b) having, if the company has no share

capital, not less than ninty-five per cent.

of the total voting power exercisable at

that meeting:

Provided further that where any member

of a company is entitled to vote only on some

resolution or resolutions to be moved at a

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meeting and not on the others, those members

shall be taken into account for the purposes

of this sub-section in respect of the former

resolution or resolutions and not in respect of

the latter.”.

29. Amendment of section 110.— In section

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

following proviso shall be inserted, namely:—

“Provided that any item of business

required to be transacted by means of postal

ballot under clause (a), may be transacted

at a general meeting by a company which

is required to provide the facility to

members to vote by electronic means under

section 108, in the manner provided in that

section.”.

30. In section 117 of the principal Act,—

(i) in sub-section (1), the words and

figures “within the time specified under

section 403” shall be omitted;

(ii) in sub-section (2),—

(a) for the words and figures “under

section 403 with additional fees”, the

word “therein” shall be substituted;

(b) for the words “not be less than five

lakh rupees”, the words “not be less than

one lakh rupees” shall be substituted;

(c) for the words “one lakh rupees”, the

words “fifty thousand rupees” shall be

substituted;

(iii) in sub-section (3),—

(a) clause (e) shall be omitted;

(b) in clause (g), in the proviso, the

word “and” shall be omitted and the

following proviso shall be inserted,

namely:—

“Provided further that nothing

contained in this clause shall apply to a

banking company in respect of a

resolution passed to grant loans, or give

guarantee or provide security in respect

of loans under clause (f) of sub-section

(3) of section 179 in the ordinary course

of its business; and.”.

31. Amendment of section 121.— In section

121 of the principal Act,—

(i) in sub-section (2), the words and

figures “within the time as specified, under

section 403” shall be omitted;

(ii) in sub-section (3), for the words and

figures “under section 403 with additional

fees”, the word “therein” shall be

substituted.

32. Amendment of section 123.— In section

123 of the principal Act,—

(a) in sub-section (1),—

(i) in clause (a),—

(A) for the words “both; or”, the word

“both:” shall be substituted;

(B) the following proviso shall be

inserted, namely:—

“Provided that in computing profits

any amount representing unrealised

gains, notional gains or revaluation of

assets and any change in carrying

amount of an asset or of a liability on

measurement of the asset or the liability

at fair value shall be excluded; or”;

(ii) in the second proviso, for the words

“transferred by the company to the

reserves”, the words “transferred by the

company to the free reserves” shall be

substituted;

(b) for sub-section (3), the following sub-

-section shall be substituted, namely:—

“(3) The Board of Directors of a company

may declare interim dividend during any

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financial year or at any time during the

period from closure of financial year till

holding of the annual general meeting out

of the surplus in the profit and loss account

or out of profits of the financial year for

which such interim dividend is sought to

be declared or out of profits generated in

the financial year till the quarter preceding

the date of declaration of the interim

dividend:

Provided that in case the company has

incurred loss during the current financial year

up to the end of the quarter immediately

preceding the date of declaration of interim

dividend, such interim dividend shall not be

declared at a rate higher than the average

dividends declared by the company during

immediately preceding three financial years.”.

33. Amendment of section 129.— In section

129 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) Where a company has one or more

subsidiaries or associate companies, it shall,

in addition to financial statements provided

under sub-section (2), prepare a consoli-

dated financial statement of the company

and of all the subsidiaries and associate

companies in the same form and manner

as that of its own and in accordance with

applicable accounting standards, which

shall also be laid before the annual general

meeting of the company along with the

laying of its financial statement under sub-

-section (2):

Provided that the company shall also attach

along with its financial statement, a separate

statement containing the salient features of the

financial statement of its subsidiary or

subsidiaries and associate company or

companies in such form as may be prescribed:

Provided further that the Central

Government may provide for the consolidation

of accounts of companies in such manner as

may be prescribed.”.

34. Amendment of section 130.— In section

130 of the principal Act,—

(i) in sub-section (1), in the proviso,—

(a) after the words “regulatory body or

authorities concerned”, the words “or any

other person concerned” shall be inserted;

(b) after the words “the body or authority

concerned”, the words “or the other person

concerned” shall be inserted;

(ii) after sub-section (2), the following sub-

-section shall be inserted, namely:—

“(3) No order shall be made under sub-

-section (1) in respect of re-opening of books

of account relating to a period earlier than

eight financial years immediately preceding

the current financial year:

Provided that where a direction has been

issued by the Central Government under the

proviso to sub-section (5) of section 128 for

keeping of books of account for a period longer

than eight years, the books of account may be

ordered to be re-opened within such longer

period.”.

35. Amendment of section 132.— In section

132 of the principal Act,—

(i) in sub-section (4), in clause (c), in sub-

-clause (A), in item (II), for the words “ten

lakh rupees”, the words “five lakh rupees”

shall be substituted;

(ii) in sub-section (5), for the words,

brackets and figure “the Appellate

Authority constituted under sub-section (6)

in such manner as may be prescribed”, the

words “the Appellate Tribunal in such

manner and on payment of such fee as may

be prescribed” shall be substituted;

(iii) sub-sections (6), (7), (8) and (9) shall

be omitted.

36. Amendment of section 134.— In section

134 of the principal Act,—

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(a) for sub-section (1), the following sub-

-section shall be substituted, namely:—

“(1) The financial statement, including

consolidated financial statement, if any,

shall be approved by the Board of Directors

before they are signed on behalf of the Board

by the chairperson of the company where

he is authorised by the Board or by two

directors out of which one shall be

managing director, if any, and the Chief

Executive Officer, the Chief Financial Officer

and the company secretary of the company,

wherever they are appointed, or in the case

of One Person Company, only by one

director, for submission to the auditor for his

report thereon.”;

(b) in sub-section (3),—

(i) for clause (a), the following clause shall

be substituted, namely:—

“(a) the web address, if any, where

annual return referred to in sub-section

(3) of section 92 has been placed;”;

(ii) in clause (p), for the words “annual

evaluation has been made by the Board of

its own performance and that of its

committees and individual directors”, the

words “annual evaluation of the per-

formance of the Board, its Committees and

of individual directors has been made” shall

be substituted;

(iii) after clause (q), the following provisos

shall be inserted, namely:—

“Provided that where disclosures

referred to in this sub-section have been

included in the financial statements,

such disclosures shall be referred to

instead of being repeated in the Board’s

report:

Provided further that where the policy

referred to in clause (e) or clause (o) is made

available on company’s website, if any, it

shall be sufficient compliance of the

requirements under such clauses if the

salient features of the policy and any change

therein are specified in brief in the Board’s

report and the web-address is indicated

therein at which the complete policy is

available.”;

(c) after sub-section (3), the following sub-

-section shall be inserted, namely:—

“(3A) The Central Government may

prescribe an abridged Board’s report, for

the purpose of compliance with this section

by One Person Company or small

company.”.

37. Amendment of section 135.— In section

135 of the principal Act,—

(i) in sub-section (1),—

(a) for the words “any financial year”,

the words “the immediately preceding

financial year” shall be substituted;

(b) the following proviso shall be inserted,

namely:—

“Provided that where a company is not

required to appoint an independent

director under sub-section (4) of section

149, it shall have in its Corporate Social

Responsibility Committee two or more

directors.”;

(ii) in sub-section (3), in clause (a), for the

words and figures “as specified in Schedule

VII”, the words and figures “in areas or

subject, specified in Schedule VII” shall be

substituted;

(iii) in sub-section (5), for the Explanation,

the following Explanation shall be substituted,

namely:—

‘Explanation.— For the purposes of this

section “net profit” shall not include such

sums as may be prescribed, and shall be

calculated in accordance with the

provisions of section 198.’.

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38. Amendment of section 136.— In section

136 of the principal Act,—

(i) in sub-section (1),—

(a) the words and figures “Without

prejudice to the provisions of section 101,”

shall be omitted;

(b) in the first proviso, for the words

“Provided that”, the following shall be

substituted, namely:—

“Provided that if the copies of the

documents are sent less than twenty-one

days before the date of the meeting, they

shall, notwithstanding that fact, be deemed

to have been duly sent if it is so agreed by

members—

(a) holding, if the company has a share

capital, majority in number entitled to vote

and who represent not less than ninety-five

per cent. of such part of the paid-up share

capital of the company as gives a right to

vote at the meeting; or

(b) having, if the company has no share

capital, not less than ninetyfive per cent. of

the total voting power exercisable at the

meeting:

Provided further that”;

(c) in the second proviso, for the words

“Provided further”, the words,

“Provided also” shall be substituted;

(d) for the fourth proviso, the following

provisos shall be substituted, namely:—

‘Provided also that every listed company

having a subsidiary or subsidiaries shall

place separate audited accounts in respect

of each of subsidiary on its website, if any:

Provided also that a listed company

which has a subsidiary incorporated

outside India (herein referred to as “foreign

subsidiary”)—

(a) where such foreign subsidiary

is statutorily required to prepare

consolidated financial statement under

any law of the country of its

incorporation, the requirement of this

proviso shall be met if consolidated

financial statement of such foreign

subsidiary is placed on the website of the

listed company;

(b) where such foreign subsidiary is

not required to get its financial statement

audited under any law of the country of

its incorporation and which does not get

such financial statement audited, the

holding Indian listed company may place

such unaudited financial statement on its

website and where such financial

statement is in a language other than

English, a translated copy of the financial

statement in English shall also be placed

on the website.’;

(ii) in sub-section (2), the following proviso

shall be inserted, namely:—

“Provided that every company having a

subsidiary or subsidiaries shall provide a

copy of separate audited or unaudited

financial statements, as the case may be,

as prepared in respect of each of its

subsidiary to any member of the company

who asks for it.”.

39. Amendment of section 137.— In section

137 of the principal Act,—

(i) in sub-section (1),—

(a) the words and figures “within the time

specified under section 403” shall be

omitted;

(b) in the second proviso, the words and

figures “within the time specified under

section 403” shall be omitted;

(c) after the fourth proviso, the following

proviso shall be inserted, namely:—

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‘Provided also that in the case of a

subsidiary which has been incorporated

outside India (herein referred to as “foreign

subsidiary”), which is not required to get

its financial statement audited under any

law of the country of its incorporation and

which does not get such financial statement

audited, the requirements of the fourth

proviso shall be met if the holding Indian

company files such unaudited financial

statement along with a declaration to this

effect and where such financial statement

is in a language other than English, along

with a translated copy of the financial

statement in English.’.

(ii) in sub-section (2), the words and figures

“within the time specified, under section 403”

shall be omitted;

(iii) in sub-section (3), for the words and

figures “in section 403”, the word “therein”

shall be substituted.

40. Amendment of section 139.— In section

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

first proviso shall be omitted.

41. Amendment of section 140.— In section

140 of the principal Act, in sub-section (3), for

the words “fifty thousand rupees”, the words

“fifty thousand rupees or the remuneration of

the auditor, whichever is less,” shall be

substituted.

42. Amendment of section 141.— In section

141 of the principal Act, in sub-section (3), for

clause (i), the following clause shall be

substituted, namely:—

‘(i) a person who, directly or indirectly,

renders any service referred to in section

144 to the company or its holding company

or its subsidiary company.

Explanation.— For the purposes of this

clause, the term “directly or indirectly” shall

have the meaning assigned to it in the

Explanation to section 144.’.

43. Amendment of section 143.— In section

143 of the principal Act,—

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

words “its subsidiaries”, at both the places,

the words “its subsidiaries and associate

companies” shall be substituted;

(ii) in sub-section (3), in clause (i), for the

words “internal financial controls system”, the

words “internal financial controls with

reference to financial statements” shall be

substituted;

(iii) in sub-section (14), in clause (a), for the

words “cost accountant in practice”, the

words “cost accountant” shall be substituted.

44. Amendment of section 147.— In section

147 of the principal Act,—

(i) in sub-section (2),—

(a) after the words “five lakh rupees”, the

words “or four times the remuneration of

the auditor, whichever is less” shall be

inserted;

(b) in the proviso, for the words “and with

fine which shall not be less than one lakh

rupees but which may extend to twenty-

-five lakh rupees”, the words “and with fine

which shall not be less than fifty thousand

rupees but which may extend to twenty-

-five lakh rupees or eight times the

remuneration of the auditor, whichever is

less” shall be substituted;

(ii) in sub-section (3), in clause (ii), for the

words “or to any other persons”, the words

“or to members or creditors of the company”

shall be substituted;

(iii) in sub-section (5), the following proviso

shall be inserted, namely:—

“Provided that in case of criminal liability

of an audit firm, in respect of liability other

than fine, the concerned partner or

partners, who acted in a fraudulent manner

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or abetted or, as the case may be, colluded

in any fraud shall only be liable.”.

45. Amendment of section 148.— In section

148 of the principal Act,—

(i) in sub-section (3),—

(a) for the words “Cost Accountant in

practice”, the words “cost accountant”

shall be substituted;

(b) in the Explanation, for the words

“Institute of Cost and Works Accountants

of India”, the words “Institute of Cost

Accountants of India” shall be substituted;

(ii) in sub-section (5), in the proviso, for the

words “cost accountant in practice”, the

words “cost accountant” shall be substituted.

46. Amendment of section 149.— In section

149 of the principal Act,—

(i) for sub-section (3), the following sub-

-section shall be substituted, namely:—

“(3) Every company shall have at least

one director who stays in India for a total

period of not less than one hundred and

eighty-two days during the financial year:

Provided that in case of a newly

incorporated company the requirement

under this sub-section shall apply

proportionately at the end of the financial

year in which it is incorporated.”;

(ii) in sub-section (6),—

(a) in clause (c), for the words “pecuniary

relationship”, the words “pecuniary

relationship, other than remuneration as

such director or having transaction not

exceeding ten per cent. of his total income

or such amount as may be prescribed,”

shall be substituted;

(b) for clause (d), the following clause

shall be substituted, namely:—

“(d) none of whose relatives—

(i) is holding any security of or interest

in the company, its holding, subsidiary

or associate company during the two

immediately preceding financial years or

during the current financial year:

Provided that the relative may hold

security or interest in the company of face

value not exceeding fifty lakh rupees or

two per cent. of the paid-up capital of the

company, its holding, subsidiary or

associate company or such higher sum

as may be prescribed;

(ii) is indebted to the company, its

holding, subsidiary or associate company

or their promoters, or directors, in excess

of such amount as may be prescribed

during the two immediately preceding

financial years or during the current

financial year;

(iii) has given a guarantee or provided

any security in connection with the

indebtedness of any third person to the

company, its holding, subsidiary or

associate company or their promoters, or

directors of such holding company, for

such amount as may be prescribed

during the two immediately preceding

financial years or during the current

financial year; or

(iv)

has

any

other

pecuniary

transaction or relationship with the

company, or its subsidiary, or its holding

or associate company amounting to two

per cent. or more of its gross turnover or

total income singly or in combination with

the transactions referred to in sub-clause

(i), (ii) or (iii);”;

(c) in clause (e), in sub-clause (i), the

following proviso shall be inserted,

namely:—

“Provided that in case of a relative who

is an employee, the restriction under this

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clause shall not apply for his employment

during preceding three financial years.”.

47. Amendment of section 152.— In section

152 of the principal Act,—

(a) in sub-section (3), after the word and

figures “section 154”, the words and figures

“or any other number as may be prescribed

under section 153” shall be inserted;

(b) in sub-section (4), after the word

“Number”, the words and figures “or such

other number as may be prescribed under

section 153” shall be inserted.

48. Amendment of section 153.— In section

153 of the principal Act, the following proviso

shall be inserted, namely:—

“Provided that the Central Government

may prescribe any identification number

which shall be treated as Director

Identification Number for the purposes of

this Act and in case any individual holds or

acquires such identification number, the

requirement of this section shall not apply

or apply in such manner as may be

prescribed.”.

49. Amendment of section 157.— In section

157 of the principal Act,—

(i) in sub-section (1), the words and

figures, “within the time specified under

section 403” shall be omitted;

(ii) in sub-section (2), the words and

figures, “before the expiry of the period

specified under section 403 with additional

fee”, shall be omitted.

50. Amendment of section 160.— In section

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

following proviso shall be inserted, namely:—

“Provided that requirements of deposit

of amount shall not apply in case of

appointment of an independent director or

a director recommended by the Nomination

and Remuneration Committee, if any,

constituted under sub-section (1) of section

178 or a director recommended by the Board

of Directors of the Company, in the case of

a company not required to constitute

Nomination and Remuneration Committee.”.

51. Amendment of section 161.— In section

161 of the principal Act,—

(i) in sub-section (2), after the words

“alternate directorship for any other director

in the company”, the words “or holding

directorship in the same company” shall be

inserted;

(ii) in sub-section (4),—

(a) the words “In the case of a public

company,” shall be omitted;

(b) after the words “meeting of the

Board”, the words “which shall be

subsequently approved by members in the

immediate next general meeting” shall be

inserted.

52. Amendment of section 164.— In section

164 of the principal Act,—

(i) in sub-section (2), the following proviso

shall be inserted, namely:—

“Provided that where a person is

appointed as a director of a company which

is in default of clause (a) or clause (b), he

shall not incur the disqualification for a

period of six months from the date of his

appointment.”;

(ii) in sub-section (3), for the proviso, the

following proviso shall be substituted,

namely:—

“Provided that the disqualifications

referred to in clauses (d), (e) and (g) of sub-

-section (1) shall continue to apply even if

the appeal or petition has been filed against

the order of conviction or disqualification.”.

53. Amendment of section 165.— In section

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

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Explanation shall be renumbered as

Explanation I and after Explanation I as so

numbered, the following Explanation shall be

inserted, namely:—

“Explanation II.— For reckoning the limit

of directorships of twenty companies, the

directorship in a dormant company shall not

be included.”.

54. Amendment of section 167.— In section

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

(i) in clause (a), the following proviso shall

be inserted, namely:—

“Provided that where he incurs

disqualification under sub-section (2) of

section 164, the office of the director shall

become vacant in all the companies, other

than the company which is in default under

that sub-section.”;

(ii) in clause (f), for the proviso the following

proviso shall be substituted, namely,—

“Provided that the office shall not be

vacated by the director in case of orders

referred to in clauses (e) and (f)—

(i) for thirty days from the date of

conviction or order of disqualification;

(ii) where an appeal or petition is

preferred within thirty days as aforesaid

against the conviction resulting in

sentence or order, until expiry of seven

days from the date on which such appeal

or petition is disposed of; or

(iii) where any further appeal or

petition is preferred against order

or sentence within seven days, until

such further appeal or petition is

disposed of.”.

55. Amendment of section 168.— In section

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

the proviso, for the words, “director shall also

forward”, the words “director may also

forward” shall be substituted.

56. Amendment of section 173.— In section

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

the first proviso, the following proviso shall be

inserted, namely:—

“Provided further that where there is

quorum in a meeting through physical

presence of directors, any other director

may participate through video conferencing

or other audio visual means in such meeting

on any matter specified under the first

proviso.”.

57. Amendment of section 177.— In section

177 of the principal Act,—

(i) in sub-section (1), for the words “every

listed company”, the words “every listed

public company” shall be substituted;

(ii) in sub-section (4), in clause (iv), after the

proviso, the following provisos shall be

inserted, namely:—

“Provided further that in case of

transaction, other than transactions

referred to in section 188, and where

Audit Committee does not approve

the transaction, it shall make its

recommendations to the Board:

Provided also that in case any transaction

involving any amount not exceeding one crore

rupees is entered into by a director or officer

of the company without obtaining the

approval of the Audit Committee and it is not

ratified by the Audit Committee within three

months from the date of the transaction, such

transaction shall be voidable at the option of

the Audit Committee and if the transaction is

with the related party to any director or is

authorised by any other director, the director

concerned shall indemnify the company

against any loss incurred by it:

Provided also that the provisions of this

clause shall not apply to a transaction, other

than a transaction referred to in section 188,

between a holding company and its wholly

owned subsidiary company.”.

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58. Amendment of section 178.— In section

178 of the principal Act,—

(i) in sub-section (1), for the words “every

listed company”, the words “every listed

public company” shall be substituted;

(ii) in sub-section (2), for the words “shall

carry out evaluation of every director’s

performance”, the words “shall specify the

manner for effective evaluation of performance

of Board, its committees and individual

directors to be carried out either by the Board,

by the Nomination and Remuneration

Committee or by an independent external

agency and review its implementation and

compliance” shall be substituted;

(iii) in sub-section (4), in clause (c), for the

proviso, the following proviso shall be

substituted, namely:—

“Provided that such policy shall be

placed on the website of the company, if

any, and the salient features of the policy

and changes therein, if any, along with the

web address of the policy, if any, shall be

disclosed in the Board’s report.”;

(iv) in sub-section (8), in the proviso, for the

words “non-consideration of resolution of any

grievance”, the words “inability to resolve or

consider any grievance” shall be substituted.

59. Amendment of section 180.— In section

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

clause (c), for the words “paid-up share capital

and free reserves”, the words “paid-up share

capital, free reserves and securities premium”

shall be substituted.

60. Amendment of section 184.— In section

184 of the principal Act,—

(i) in sub-section (4), the words “shall not

be less than fifty thousand rupees but which”

shall be omitted;

(ii) in sub-section (5), for clause (b), the

following clause shall be substituted,

namely:—

“(b) shall apply to any contract or

arrangement entered into or to be entered

into between two companies or between

one or more companies and one or more

bodies corporate where any of the directors

of the one company or body corporate or

two or more of them together holds or hold

not more than two per cent. of the paid-up

share capital in the other company or the

body corporate.”.

61. Substitution of new section for section

185.— For section 185 of the principal Act, the

following section shall be substituted,

namely:—

‘185. Loans to directors, etc.— (1) No

company shall, directly or indirectly,

advance any loan, including any loan

represented by a book debt to, or give any

guarantee or provide any security in

connection with any loan taken by,—

(a) any director of company, or of a

company which is its holding company

or any partner or relative of any such

director; or

(b) any firm in which any such director

or relative is a partner.

(2) A company may advance any loan

including any loan represented by a book debt,

or give any guarantee or provide any security

in connection with any loan taken by any

person in whom any of the director of the

company is interested, subject to the

condition that—

(a) a special resolution is passed by the

company in general meeting:

Provided that the explanatory statement

to the notice for the relevant general

meeting shall disclose the full particulars

of the loans given, or guarantee given or

security provided and the purpose for which

the loan or guarantee or security is proposed

to be utilised by the recipient of the loan or

guarantee or security and any other

relevant fact; and

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(b) the loans are utilised by the borrowing

company for its principal business activities.

Explanation.— For the purposes of this sub-

-section, the expression “any person in whom

any of the director of the company is

interested” means—

(a) any private company of which any

such director is a director or member;

(b) any body corporate at a general

meeting of which not less than twenty-five

per cent. of the total voting power may be

exercised or controlled by any such director,

or by two or more such directors, together;

or

(c) any body corporate, the Board of

directors, managing director or manager,

whereof is accustomed to act in accordance

with the directions or instructions of the

Board, or of any director or directors, of the

lending company.

(3) Nothing contained in sub-sections (1)

and (2) shall apply to—

(a) the giving of any loan to a managing

or whole-time director—

(i) as a part of the conditions of service

extended by the company to all its

employees; or

(ii) pursuant to any scheme approved

by the members by a special resolution;

or

(b) a company which in the ordinary

course of its business provides loans or

gives guarantees or securities for the due

repayment of any loan and in respect of such

loans an interest is charged at a rate not

less than the rate of prevailing yield of one

year, three years, five years or ten years

Government security closest to the tenor of

the loan; or

(c) any loan made by a holding company

to its wholly owned subsidiary company or

any guarantee given or security provided

by a holding company in respect of any loan

made to its wholly owned subsidiary

company; or

(d) any guarantee given or security

provided by a holding company in respect

of loan made by any bank or financial

institution to its subsidiary company:

Provided that the loans made under

clauses (c) and (d) are utilised by the

subsidiary company for its principal

business activities.

(4) If any loan is advanced or a guarantee

or security is given or provided or utilised in

contravention of the provisions of this

section,—

(i) the company shall be punishable with

fine which shall not be less than five lakh

rupees but which may extend to twenty-

five lakh rupees;

(ii) every officer of the company who is in

default

shall

be

punishable

with

imprisonment for a term which may extend

to six months or with fine which shall not

be less than five lakh rupees but which may

extend to twenty-five lakh rupees; and

(iii) the director or the other person to

whom any loan is advanced or guarantee

or security is given or provided in

connection with any loan taken by him or

the other person, shall be punishable with

imprisonment which may extend to six

months or with fine which shall not be less

than five lakh rupees but which may extend

to twenty-five lakh rupees, or with both.’.

62. Amendment of section 186.— In section

186 of the principal Act,—

(i) in sub-section (2), the following

Explanation shall be inserted, namely:—

‘Explanation.— For the purposes of this

sub-section, the word “person” does not

include any individual who is in the

employment of the company.’;

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(ii) for sub-section (3), the following sub-

-section shall be substituted, namely:—

‘(3) Where the aggregate of the loans and

investment so far made, the amount for

which guarantee or security so far provided

to or in all other bodies corporate along with

the investment, loan, guarantee or security

proposed to be made or given by the Board,

exceed the limits specified under sub-

-section (2), no investment or loan shall be

made or guarantee shall be given or

security shall be provided unless previously

authorised by a special resolution passed

in a general meeting:

Provided that where a loan or guarantee

is given or where a security has been

provided by a company to its wholly owned

subsidiary company or a joint venture

company, or acquisition is made by a

holding company, by way of subscription,

purchase or otherwise of, the securities of

its wholly owned subsidiary company, the

requirement of this sub-section shall not

apply:

Provided further that the company shall

disclose the details of such loans or

guarantee or security or acquisition in the

financial statement as provided under sub-

section (4).”.

(iii) for sub-section (11), the following sub-

-section shall be substituted, namely:—

“(11) Nothing contained in this section,

except sub-section (1), shall apply—

(a) to any loan made, any guarantee

given or any security provided or any

investment made by a banking company,

or an insurance company, or a housing

finance company in the ordinary course

of its business, or a company established

with the object of and engaged in the

business

of

financing

industrial

enterprises, or of providing infrastructural

facilities;

(b) to any investment—

(i) made by an investment company;

(ii) made in shares allotted in pursuance

of clause (a) of sub-section (1) of section 62

or in shares allotted in pursuance of rights

issues made by a body corporate;

(iii) made, in respect of investment or

lending activities, by a non-banking

financial company registered under

Chapter III-B of the Reserve Bank of India

Act, 1934 and whose principal business is

acquisition of securities.”;

(iv) in the Explanation, in clause (a), after

the words “other securities” the following

shall be inserted, namely:—

“and a company will be deemed to be

principally engaged in the business of

acquisition of shares, debentures or other

securities, if its assets in the form of

investment in shares, debentures or other

securities constitute not less than fifty per

cent. of its total assets, or if its income

derived

from

investment

business

constitutes not less than fifty per cent. as a

proportion of its gross income.”.

63. Amendment of section 188.— In section

188 of the principal Act,—

(i) in sub-section (1), after the second

proviso, the following proviso shall be

inserted, namely:—

“Provided also that nothing contained in

the second proviso shall apply to a company

in which ninety per cent. or more members,

in number, are relatives of promoters or are

related parties:”;

(ii) in sub-section (3), for the words “shall

be voidable at the option of the Board”, the

words “shall be voidable at the option of the

Board or, as the case may be, of the

shareholders” shall be substituted.

64. Omission of section 194.— Section 194

of the principal Act shall be omitted.

65. Omission of section 195.— Section 195

of the principal Act shall be omitted.

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66. Amendment of section 196.— In section

196 of the principal Act,—

(a) in sub-section (3), in clause (a), after the

proviso, the following proviso shall be

inserted, namely:—

“Provided further that where no such

special resolution is passed but votes cast

in favour of the motion exceed the votes, if

any, cast against the motion and the Central

Government is satisfied, on an application

made by the Board, that such appointment

is most beneficial to the company, the

appointment of the person who has attained

the age of seventy years may be made.”;

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

“specified in that Schedule”, the words

“specified in Part I of that Schedule” shall be

substituted.

67. Amendment of section 197.— In section

197 of the principal Act,—

(a) in sub-section (1),—

(i) in the first proviso, the words “with

the approval of the Central Government,”

shall be omitted;

(ii) in the second proviso, after the words

“general meeting,”, the words “by a special

resolution,” shall be inserted;

(iii) after the second proviso, the following

proviso shall be inserted, namely:—

“Provided also that, where the

company has defaulted in payment of

dues to any bank or public financial

institution or non-convertible debenture

holders or any other secured creditor, the

prior approval of the bank or public

financial institution concerned or the non-

-convertible debenture holders or other

secured creditor, as the case may be,

shall be obtained by the company before

obtaining the approval in the general

meeting.”;

(b) in sub-section (3), the words “and if it

is not able to comply with such provisions,

with the previous approval of the Central

Government” shall be omitted;

(c) for sub-section (9), the following

sub-section shall be substituted, namely:—

“(9) If any director draws or receives,

directly

or

indirectly,

by

way

of

remuneration any such sums in excess of

the limit prescribed by this section or

without approval required under this

section, he shall refund such sums to the

company, within two years or such lesser

period as may be allowed by the company,

and until such sum is refunded, hold it in

trust for the company.”;

(d) in sub-section (10),—

(i) for the words “permitted by the Central

Government”, the words “approved by the

company by special resolution within two

years from the date the sum becomes

refundable” shall be substituted;

(ii) the following proviso shall be inserted,

namely:—

“Provided that where the company has

defaulted in payment of dues to any bank

or public financial institution or non-

-convertible debenture holders or any

other secured creditor, the prior approval

of the bank or public financial institution

concerned or the non-convertible

debenture holders or other secured

creditor, as the case may be, shall be

obtained by the company before

obtaining approval of such waiver.”;

(e) in sub-section (11), the words “and if

such conditions are not being complied, the

approval of the Central Government had been

obtained” shall be omitted;

(f) after sub-section (15), the following

sub-sections shall be inserted, namely:—

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“(16) The auditor of the company shall,

in his report under section 143, make a

statement as to whether the remuneration

paid by the company to its directors is in

accordance with the provisions of this

section, whether remuneration paid to any

director is in excess of the limit laid down

under this section and give such other

details as may be prescribed.

(17) On and from the commencement of

the Companies (Amendment) Act, 2017, any

application made to the Central Government

under the provisions of this section [as it

stood before such commencement], which

is pending with that Government shall

abate, and the company shall, within one

year of such commencement, obtain the

approval in accordance with the provisions

of this section, as so amended.”.

68. Amendment of section 198.— In section

198 of the principal Act,—

(i) in sub-section (3),—

(a) in clause (a), after the words “sold by

the company”, the words, letter, brackets

and figures “unless the company is an

investment company as referred to in clause

(a) of the Explanation to section 186” shall

be inserted;

(b) after clause (e), the following clause

shall be inserted, namely:—

“(f)

any

amount

representing

unrealised gains, notional gains or

revaluation of assets.”;

(ii) in sub-section (4), in clause (l), the words

“which begins at or after the commencement

of this Act” shall be omitted.

69. Amendment of section 200.— In section

200 of the principal Act, the words “the Central

Government or” appearing at both the places

shall be omitted.

70. Amendment of section 201.— In section

201 of the principal Act,—

(a) in sub-section (1), for the words “this

Chapter”, the word and figures “section 196”

shall be substituted;

(b) in sub-section (2), in clause (a), for the

words “any of the sections aforesaid”, the

word and figures “section 196” shall be

substituted.

71. Amendment of section 216.— In section

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

(i) in clause (b), for the word “company”,

the words “company; or” shall be substituted;

(ii) after clause (b), the following clause

shall be inserted, namely:—

“(c) who have or had beneficial interest

in shares of a company or who are or have

been beneficial owners or significant

beneficial owner of a company.”.

72. Amendment of section 223.— In section

223 of the principal Act, in sub-section (3), after

the words “may be obtained”, the words “by

members, creditors or any other person whose

interest is likely to be affected” shall be

inserted.

73. Amendment of section 236.— In section

236 of the principal Act, in sub-sections (4),

(5) and (6), for the words, “transferor

company”, wherever they occur, the words

“company

whose

shares

are

being

transferred” shall be substituted.

74. Amendment of section 247.— In section

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

clause (d), for the words “during or after the

valuation of assets”, the words “during a

period of three years prior to his appointment

as valuer or three years after the valuation of

assets was conducted by him” shall be

substituted.

75. Amendment of section 366.— In section

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

(i) for the words “seven or more members”,

the words “two or more members” shall be

substituted;

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(ii) in the proviso, after clause (vi), the

following clause shall be inserted, namely:—

“(vii) a company with less than seven

members shall register as a private

company.”.

76. Amendment of section 374.— In section

374 of the principal Act, after clause (d), the

following proviso shall be inserted, namely:—

“Provided that upon registration as a

company under this Part a limited liability

partnership incorporated under the Limited

Liability Partnership Act, 2008 shall be

deemed to have been dissolved under that

Act without any further act or deed.”.

77. Amendment of section 379.— Section

379 of the principal Act shall be renumbered

as sub-section (2) thereof and before sub-

-section (2) as so renumbered, the following

sub-section shall be inserted, namely:—

“(1) Sections 380 to 386 (both inclusive)

and sections 392 and 393 shall apply to all

foreign companies:

Provided that the Central Government

may, by Order published in the Official

Gazette, exempt any class of foreign

companies, specified in the Order, from any

of the provisions of sections 380 to 386 and

sections 392 and 393 and a copy of every

such Order shall, as soon as may be after it

is made, be laid before both Houses of

Parliament.”.

78. Amendment of section 384.— In section

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

the word and figures “section 92”, the words

and figures “and section 135” shall be

inserted.

79. Amendment of section 391.— In section

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

the following sub-section shall be substituted,

namely:—

“(2) Subject to the provisions of section

376, the provisions of Chapter XX shall apply

mutatis mutandis for closure of the place of

business of a foreign company in India as if

it were a company incorporated in India in

case such foreign company has raised

monies through offer or issue of securities

under this Chapter which have not been

repaid or redeemed.”.

80. Amendment of section 403.— In section

403 of the principal Act,—

(i) in sub-section (1), for the first and second

provisos, the following provisos shall be

substituted, namely:—

“Provided that where any document, fact

or information required to be submitted,

filed, registered or recorded, as the case

may be, under section 92 or 137 is not

submited, filed, registered or recorded, as

the case may be, within the period provided

in those sections, without prejudice to any

other legal action or liability under this Act,

it may be submitted, filed, registered or

recorded, as the case may be, after expiry

of the period so provided in those sections,

on payment of such additional fee as may

be prescribed, which shall not be less than

one hundred rupees per day and different

amounts may be prescribed for different

classes of companies:

Provided further that where the

document, fact or information, as the case

may be, in cases other than referred to in

the first proviso, is not submitted, filed,

registered or recorded, as the case may be,

within the period provided in the relevant

section, it may, without prejudice to any

other legal action or liability under this Act,

be submitted, filed, registered or recorded

as the case may be, on payment of such

additional fee as may be prescribed and

different fees may be prescribed for different

classes of companies:

Provided also that where there is default

on two or more occasions in submitting,

filing, registering or recording of the

document, fact or information, it may,

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2161

without prejudice to any other legal action

or liability under this Act, be submitted,

filed, registered or recorded, as the case

may be, on payment of a higher additional

fee, as may be prescribed and which shall

not be lesser than twice the additional fee

provided under the first or the second

proviso as applicable.”;

(ii) for sub-section (2), the following sub-

-section shall be substituted, namely:—

“(2) Where a company fails or commits

any default to submit, file, register or record

any document, fact or information under

sub-section (1) before the expiry of the

period specified in the relevant section, the

company and the officers of the company

who are in default, shall, without prejudice

to the liability for the payment of fee and

additional fee, be liable for the penalty or

punishment provided under this Act for

such failure or default.”.

81. Substitution of new section for section

406.— For section 406 of the principal Act, the

following section shall be substituted,

namely:—

‘406. Provision relating to Nidhis and its

application, etc.— (1) In this section,

“Nidhi” or “Mutual Benefit Society” means

a company which the Central Government

may, by notification in the Official Gazette,

declare to be a Nidhi or Mutual Benefit

Society, as the case may be.

(2) The Central Government may, by

notification in the Official Gazette, direct that

any of the provisions of this Act specified in

the notification—

(a) shall not apply to any Nidhi or

Mutual Benefit Society; or

(b) shall apply to any Nidhi or Mutual

Benefit Society with such exceptions,

modifications and adaptations as may be

specified in the notification.

(3) A copy of every notification proposed

to be issued under sub-section (2), shall be

laid in draft before each House of

Parliament, while it is in session, for a total

period of thirty days, and if, both Houses

agree in disapproving the issue of

notification or both Houses agree in making

any modification in the notification, the

notification shall not be issued or, as the

case may be, shall be issued only in such

modified form as may be agreed upon by

both the Houses.

(4) In reckoning any such period of thirty

days as is referred to in sub-section (3), no

account shall be taken of any period during

which the House referred to in sub-section

(3) is prorogued or adjourned for more than

four consecutive days.

(5) The copies of every notification issued

under this section shall, as soon as may be

after it has been issued, be laid before each

House of Parliament.’.

82. Amendment of section 409.— In section

409 of the principal Act, in sub-section (3),—

(i) in clause (a), for the words “out of which

at least three years shall be in the pay scale of

Joint Secretary to the Government of India or

equivalent or above in that service”, the

words “and has been holding the rank of

Secretary or Additional Secretary to the

Government of India” shall be substituted;

(ii) for clause (e), the following clause shall

be substituted, namely:—

“(e) is a person of proven ability, integrity

and standing having special knowledge

and professional experience of not less than

fifteen years in industrial finance, industrial

management, industrial reconstruction,

investment and accountancy.”.

83. Amendment of section 410.— In section

410 of the principal Act, for the words “orders

of the Tribunal”, the words “orders of the

Tribunal or of the National Financial Reporting

Authority” shall be substituted.

84. Amendment of section 411.— In section

411 of the principal Act, for sub-section (3),

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2162

the following sub-section shall be substituted,

namely:—

“(3) A technical member shall be a person

of proven ability, integrity and standing

having special knowledge and professional

experience of not less than twenty-five

years in industrial finance, industrial

management, industrial reconstruction,

investment and accountancy.”.

85. Amendment of section 412.— In section

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

the following sub-sections shall be substituted,

namely:—

“(2) The Members of the Tribunal and the

Technical Members of the Appellate

Tribunal shall be appointed on the

recommendation of a Selection Committee

consisting of—

(a) Chief Justice of India or his nominee

—Chairperson;

(b) a senior Judge of the Supreme Court

or Chief Justice of High Court —Member;

(c) Secretary in the Ministry of

Corporate Affairs —Member; and

(d) Secretary in the Ministry of Law

and Justice —Member.

(2A) Where in a meeting of the

Selection Committee, there is equality

of votes on any matter, the Chairperson

shall have a casting vote.”.

86. Amendment of section 435.— For section

435 of the principal Act, the following shall be

substituted, namely:—

“435. Establishment of Special Courts.—

(1) The Central Government may, for the

purpose of providing speedy trial of offences

under this Act, by notification, establish or

designate as many Special Courts as may

be necessary.

(2) A Special Court shall consist of—

(a) a single judge holding office as Session

Judge or Additional Session Judge, in case

of offences punishable under this Act with

imprisonment of two years or more; and

(b) a Metropolitan Magistrate or a

Judicial Magistrate of the First Class, in the

case of other offences,

who shall be appointed by the Central

Government with the concurrence of the

Chief Justice of the High Court within whose

jurisdiction the judge to be appointed is

working.”.

87. Amendment of section 438.— In section

438 of the principal Act, for the words “deemed

to be a Court of Session”, the words “deemed

to be a Court of Session or the court of

Metropolitan Magistrate or a Judicial

Magistrate of the First Class, as the case may

be,” shall be substituted.

88. Amendment of section 439.— In section

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

the words “a shareholder”, the words “or a

member” shall be inserted.

89. Amendment of section 440.— In section

440 of the principal Act, for the words “Court

of Session”, at both the places, the words

“Court of Session or the Court of Metropolitan

Magistrate or a Judicial Magistrate of the First

Class, as the case may be” shall be substituted.

90. Amendment of section 441.— In section

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

the words “with fine only”, the words

“not being an offence punishable with

imprisonment only, or punishable with

imprisonment and also with fine” shall be

substituted.

91. Insertion of new section 446A.— After

section 446 of the principal Act, the following

sections shall be inserted, namely:—

“446A. Factors for determining level of

punishment.— The court or the Special

Court, while deciding the amount of fine or

imprisonment under this Act, shall have due

regard to the following factors, namely:—

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(a) size of the company;

(b) nature of business carried on by the

company;

(c) injury to public interest;

(d) nature of the default; and

(e) repetition of the default.

446B. Lesser penalties for One Person

Companies or small companies.— Notwith-

standing anything contained in this Act, if

a One Person Company or a small company

fails to comply with the provisions of sub-

-section (5) of section 92, sub-section (2) of

section 117 or sub-section (3) of section 137,

such company and officer in default of such

company shall be punishable with fine or

imprisonment or fine and imprisonment, as

the case may be, which shall not be more

than one-half of the fine or imprisonment or

fine and imprisonment, as the case may be,

of the minimum or maximum fine or

imprisonment or fine and imprisonment,

as the case may be, specified in such

sections.”.

92. Amendment of section 447.— In section

447 of the principal Act,—

(i) after the words “guilty of fraud”, the

words “involving an amount of at least ten

lakh rupees or one per cent. of the turnover of

the company, whichever is lower” shall be

inserted;

(ii) after the proviso, the following proviso

shall be inserted, namely:—

“Provided further that where the fraud

involves an amount less than ten lakh rupees

or one per cent. of the turnover of the

company, whichever is lower, and does not

involve public interest, any person guilty of

such fraud shall be punishable with

imprisonment for a term which may extend

to five years or with fine which may extend

to twenty lakh rupees or with both.”.

93. Amendment of section 458.— In section

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

proviso shall be omitted.

Notification

10/6/2018-LA-138

The Indian Forest (Amendment) Act, 2017

(Central Act No. 5 of 2018), which has been

passed by Parliament and assented to by the

President on 5-1-2018 and published in

the Gazette of India, Extraordinary, Part II,

Section 1 dated 8-1-2018, is hereby published

for the general information of the public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 14th June, 2018.

________

THE INDIAN FOREST (AMENDMENT)

ACT, 2017

AN

ACT

further to amend the Indian Forest Act, 1927.

Be it enacted by Parliament in the Sixty-

-eighth Year of the Republic of India as

follows:—

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

Act may be called the Indian Forest

(Amendment) Act, 2017.

(2) It shall be deemed to have come into

force on the 23rd day of November, 2017.

2. Amendment of section 2 of Act 16 of

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

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

shall be omitted.

3. Repeal and saving.— (1) The

Indian

Forest

(Amendment)

Ordinance, 2017 is hereby repealed.

(2) Notwithstanding such repeal,

anything done or any action taken

under the Indian Forest Act, 1927, as

amended by the said Ordinance,

shall be deemed to have been done

or taken under the corresponding

provisions of the said Act, as

amended by this Act.

Ord. 6 of

2017.

16 of 1927.

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Notification

10/6/2018-LA-139

The Appropriation (No. 5) Act, 2017 (Central Act No. 6 of 2018), which has been passed by

Parliament and assented to by the President on 18-1-2018 and published in the Gazette of

India, Extraordinary, Part II, Section 1 dated 19-1-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 14th June, 2018.

———

THE APPROPRIATION (No. 5) ACT, 2017

AN

ACT

to authorise payment and appropriation of certain further sums from and out of the Consolidated

Fund of India for the services of the financial year 2017-18.

Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—

1. Short title.— This Act may be called the Appropriation (No. 5) Act, 2017.

2. Issue of Rs. 66113,34,00,000 out of the Consolidated Fund of India for the financial year

2017-18.— From and out of the Consolidated Fund of India there may be paid and applied sums

not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the

sum of sixty-six thousand one hundred thirteen crore and thirty-four lakh rupees towards

defraying the several charges which will come in the course of payment during the financial

year 2017-18 in respect of the services specified in column 2 of the Schedule.

3. Appropriation.— The sums authorised to be paid and applied from and out of the

Consolidated Fund of India by this Act shall be appropriated for the services and purposes

expressed in the Schedule in relation to the said year.

THE SCHEDULE

(See sections 2 and 3)

1

2

3

Sums not exceeding

No. of

Services and purposes

Voted

Charged on the

Total

Vote

by Parliament

Consolidated

Fund

Rs.

Rs.

Rs.

1 Department of Agriculture, Co-operation and

Farmers’ Welfare ………………………………

Revenue

2,00,000

...

2,00,000

Capital

1,00,000

...

1,00,000

2 Department of Agricultural Research and

Education …………………………………….

Revenue 192,00,00,000

...

192,00,00,000

3 Department of Animal Husbandry, Dairying

and Fisheries…………………………………

Revenue

2,00,000

...

2,00,000

4 Atomic Energy…………………………………

Revenue 688,26,00,000

...

688,26,00,000

Capital

278,73,00,000

...

278,73,00,000

5 Ministry of Ayurveda, Yoga and Naturopathy

Unani, Siddha and Homeoupathy (AYUSH) ... Revenue 101,15,00,000

...

101,15,00,000

Capital

28,00,00,000

28,00,00,000

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2165

1

2

3

7 Department of Fertilisers ......................................Revenue 20532,51,00,000

... 20532,51,00,000

8 Department of Pharmaceuticals ......................... Revenue

18,35,00,000

...

18,35,00,000

9 Ministry of Civil Aviation………….…………… Revenue

85,22,00,000

...

85,22,00,000

Capital

1,00,000

...

1,00,000

11 Department of Commerce……………………... Revenue 1077,52,00,000

...

1077,52,00,000

Capital

59,00,00,000

...

59,00,00,000

12 Department of Industrial Policy and Promotion Revenue

4,00,000

...

4,00,000

Capital

1,00,000

...

1,00,000

13 Department of Posts ............................................... Revenue

204,00,00,000

3,01,00,000

207,01,00,000

Capital

216,00,00,000

...

216,00,00,000

14 Department of Telecommunications………… Revenue

2,00,000

...

2,00,000

Capital

35,00,00,000

...

35,00,00,000

15 Department of Consumer Affairs ........................ Revenue

1,00,000

...

1,00,000

Capital

8,50,00,000

...

8,50,00,000

16 Department of Food and Public Distribution.. Revenue

3486,99,00,000

2,00,000

3487,01,00,000

Capital

2,00,000

...

2,00,000

17 Ministry of Corporate Affairs…………………. Revenue

40,79,00,000

...

40,79,00,000

18 Ministry of Culture…………………….……….

Revenue

2,00,000

...

2,00,000

Capital

1,00,000

...

1,00,000

19 Ministry of Defence (Misc.)……………………

Capital

500,00,00,000

...

500,00,00,000

20 Defence Services (Revenue)…………….…….

Revenue 2954,66,00,000

...

2954,66,00,000

23 Ministry of Development of North Eastern

Region…………………………………….........…

Revenue

65,00,00,000

...

65,00,00,000

24 Ministry of Drinking Water and Sanitation… Revenue

40,00,000

...

40,00,000

26 Ministry of Electronics and Information

Technology………………………………………. Revenue

1,00,000

...

1,00,000

Capital

1,00,000

...

1,00,000

27 Ministry of Environment, Forests and .............. Revenue 372,03,00,000

...

372,03,00,000

Climate Change

Capital

1,00,000

...

1,00,000

28 Ministry of External Affairs…………………… Revenue

1,00,000

...

1,00,000

Capital

2,00,000

...

2,00,000

29 Department of Economic Affairs…………...… Revenue

36,02,00,000

...

36,02,00,000

Capital

100,03,00,000

...

100,03,00,000

31 Department of Financial Services……………

Revenue

4,00,000

...

4,00,000

Capital

292,00,00,000

...

292,00,00,00

33 Department of Revenue ……………………….

Revenue

43,69,00,000

...

43,69,00,000

34 Direct Taxes ……………………….…….……....

Capital

1,00,000

...

1,00,000

35 Indirect Taxes ……………………….…….……

Revenue 1210,49,00,000

...

1210,49,00,000

36 Indian Audit and Accounts Department ..…

Revenue

85,77,00,000

...

85,77,00,000

39 Pension ……………………………………..……

Revenue 5905,00,00,000

95,00,00,000

6000,00,00,000

41 Ministry of Food Processing Industries …...... Revenue

2,00,000

...

2,00,000

42 Department of Health and Family Welfare...... Revenue 6687,52,00,000

...

6687,52,00,000

Capital

271,01,00,000

...

271,01,00,000

43 Department of Health Research…………........ Revenue 243,39,00,000

...

243,39,00,000

44 Department of Heavy Industry ………… ........

Revenue

1,00,000

...

1,00,000

46 Ministry of Home Affairs …………………....… Revenue

4,04,00,000

...

4,04,00,000

47 Cabinet ………………………………… .............

Revenue

20,00,00,000

...

20,00,00,000

48 Police ……………………………………. ...........

Revenue 4292,86,00,000

...

4292,86,00,000

Capital

1,00,000

...

1,00,000

49 Andaman and Nicobar Islands….……. ..........

Revenue 100,00,00,000

...

100,00,00,000

Capital

416,02,00,000

...

416,02,00,000

50 Chandigarh….………………………… ..............

Revenue

67,77,00,000

...

67,77,00,000

Capital

7,00,000

317,58,00,000

317,65,00,000

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1

2

3

52 Daman and Diu .....................................................

Revenue

4,00,000

...

4,00,000

Capital

20,01,00,000

...

20,01,00,000

53 Lakshadweep .......................................................

Revenue

2,00,000

...

2,00,000

Capital

9,00,000

...

9,00,000

56 Ministry of Housing and Urban Poverty

Alleviation .............................................................

Revenue

1,00,000

...

1,00,000

57 Department of School Education and

Literacy ........................................................................

Revenue

650,03,00,000

...

650,03,00,000

58 Department of Higher Education .......................

Revenue 1532,76,00,000

...

1532,76,00,000

59 Ministry of Information and Broadcasting ..

Revenue

3,00,000

...

3,00,000

60 Ministry of Labour and Employment …........

Revenue

2,00,000

...

2,00,000

Capital

1,00,000

...

1,00,000

61 Law and Justice ……………………. .............

Revenue

1,00,000

...

1,00,000

Capital

46,26,00,000

...

46,26,00,000

62 Election Commission..……………….. .........

Revenue

5,00,00,000

...

5,00,00,000

Capital

38,79,00,000

...

38,79,00,000

CHARGED.—Supreme Court of India ….........

Revenue

...

8,00,00,000

8,00,00,000

64 Ministry of Micro, Small and Medium

Enterprises……………………………………

Revenue

2,00,000

...

2,00,000

65 Ministry of Mines……………………… .........

Revenue

47,00,00,000

...

47,00,00,000

66 Ministry of Minority Affairs…………….. ......

Revenue

4,00,000

...

4,00,000

67 Ministry of New and Renewable Energy ........ Revenue

1,00,000

...

1,00,000

68 Ministry of Panchayati Raj …………………..... Revenue

1,00,000

...

1,00,000

69 Ministry of Parliamentary Affairs ………. ....... Revenue

50,00,000

...

50,00,000

70 Ministry of Personnel, Public Grievances

and Pensions …………………………........……. Revenue 196,67,00,000

...

196,67,00,000

Capital

1,00,000

...

1,00,000

CHARGED.— Central Vigilance Commission.. Revenue

...

3,35,00,000

3,35,00,000

72 Ministry of Petroleum and Natural Gas …..… Revenue

3,02,00,000

...

3,02,00,000

Capital

300,00,00,000

...

300,00,00,000

73 Ministry of Planning …………………..………

Revenue

27,27,00,000

...

27,27,00,000

74 Ministry of Power …………………… ................ Revenue 2995,55,00,000

...

2995,55,00,000

Capital

1,00,000

...

1,00,000

78 Secretariat of the Vice-President … ................

Revenue

1,28,00,000

...

1,28,00,000

CHARGED.—Union Public Service Commission Revenue

...

12,11,00,000

12,11,00,000

80 Ministry of Railways .............................................

Capital

1,00,000

...

1,00,000

81 Ministry of Road Transport and Highways…. Revenue

2,00,000

...

2,00,000

Capital

1,00,000

...

1,00,000

82 Department of Rural Development …… ......... Revenue 8394,59,00,000

...

8394,59,00,000

84 Department of Science and Technology ......... Revenue

1,00,000

...

1,00,000

Capital

5,00,00,000

...

5,00,00,000

85 Department of Biotechnology ………… .......... Revenue

38,00,00,000

...

38,00,00,000

87 Ministry of Shipping ……………………........... Revenue

2,00,000

...

2,00,000

88 Ministry of Skill Development and

Entrepreneurship………………………….......

Revenue

1,00,000

...

1,00,000

89 Department of Social Justice and

Empowerment………………………… ......

Revenue

1,51,00,000

...

1,51,00,000

90 Department of Empowerment of Persons

with Disabilities………………………….......

Revenue

1,00,000

...

1,00,000

91 Department of Space …………………...........

Revenue

61,78,00,000

...

61,78,00,000

Capital

3,40,00,000

...

3,40,00,000

94 Ministry of Textiles …………………….. ........

Revenue

24,25,00,000

...

24,25,00,000

Capital

1,00,000

...

1,00,000

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1

2

3

95 Ministry of Tourism ……………………. ..........

Revenue

1,00,000

...

1,00,000

96 Ministry of Tribal Affairs ……………………..

Revenue

3,00,00,000

...

3,00,00,000

97 Ministry of Urban Development …………....... Revenue

50,01,00,000

...

50,01,00,000

Capital

86,02,00,000

...

86,02,00,000

98 Ministry of Water Resources, River

Development and Ganga Rejuvenation… .....

Revenue 330,08,00,000

...

330,08,00,000

Capital

1,00,000

...

1,00,000

99 Ministry of Women and Child Development.. Revenue

3,00,000

...

3,00,000

100 Ministry of Youth Affairs and Sports … ........

Revenue

1,00,000

96,88,00,000

TOTAL

65577,40,00,000

535,94,00,000 66113,34,00,000

———ttt———

Department of Town & Country Planning

__

Notification

29/8/TCP/2015-18(Pt. file)/2391

In exercise of the powers conferred by sections 100A and 101A of the Goa, Daman and Diu

Town and Country Planning Act, 1974 (Act 21 of 1975) and in supersession of the Government

Notification No. 21/1/TCP/2001/1725 dated 13-6-2001, published in the Official Gazette, Series I

No. 12 dated 21-06-2001, the Government of Goa hereby specifies the rate of fee for processing

of applications for change of zone of land in the Regional Plan and for change of zone of land, as

follows, namely:—

Rate of processing fee and rate of fee for change of zone

(1)

(2)

(3)

(4)

(5)

Area of the land in

Processing fee

Fee for change of zone

Fee for change of zone

Fee for change of zone

respect of which

in Rs.

to settlement zone or

to Industrial zone per

to Institutional zone

change of zone is

sub-zone settlement

sq. mtr. of land

and others per sq. mtr.

proposed

(Commercial) per sq.

of land

mtr. of land

Upto 500 sq. mtrs.

Rs. 5,000

Nil

Rs. 100

Rs. 50

501 sq. mtrs. to

1,000 sq. mtrs.

Rs. 7,500

Rs. 50

Rs. 150

Rs. 50

1,001 sq. mtrs.

to 2,000 sq. mtrs.

Rs. 10,000

Rs. 75

Rs. 150

Rs. 50

2,001 sq. mtrs. to

5,000 sq. mtrs.

Rs. 15,000

Rs. 100

Rs. 150

Rs. 50

5,001 sq. mtrs.

to 10,000 sq. mtrs.

Rs. 20,000

Rs. 125

Rs. 200

Rs. 100

10,001 sq. mtrs.

to 20,000 sq. mtrs.

Rs. 30,000

Rs. 150

Rs. 300

Rs. 100

Above 20,001

sq. mtrs.

Rs. 50,000

Rs. 200

Rs. 400

Rs. 150

Note:- (1) The rate of fee specified in column Nos. (2), (3), (4) and (5) above are applicable for land in V.P-2 category

villages in Talukas of Pernem, Bardez, Tiswadi, Ponda, Mormugao, Salcete and Canacona as identified in

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 34

22ND NOVEMBER, 2018

2168

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 38.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—258/160—11/2018.

Release-3 Report of Regional Plan 2021: Provided that, the rate of fee in respect of VP-2 category villages in the

Talukas of Bicholim, Sattari, Quepem, Sanguem and Dharbandora, as identified in Release-3 Report of

Regional Plan 2021, shall be 80% of the rate of fee specified in column Nos. (2), (3), (4) and (5) above:

Provided further that, no fee shall be levied for change of zone in the case of application made, where land use

zones had been reverted from settlement zone in Regional Plan 2001 to non- developable zone in Regional Plan

2021.

(2) The rate of fee for land in VP-1 category villages and M2 class Municipal areas/coastal villages, shall be

increased by 20% and 40%, respectively, over the rate specified for VP-2 category villages.

(3) The rate of fee for change of zone from Industrial zone to Settlement Zone shall be as specified in column

No. (3) above and the rate of fee for change of zone from Settlement Zone to Industrial Zone shall be as

specified in column No. (4) above.

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

Daulat Hawaldar, IAS, Secretary (TCP).

Panaji, 20th November, 2018.