RNI No. GOAENG/2002/6410 Reg. No. G-2/RNP/GOA/32/2018-20
Panaji, 28th February, 2019 (Phalguna 9, 1940) SERIES I No. 48 PUBLISHED BY AUTHORITY
NOTE
There are four Extraordinary issues to Official Gazette, Series I No. 47 dated 21-2-2019, namely:—
(1) Extraordinary dated 22-2-2019 from pages 3087 to 3088, Notification No. 7/3/2019-LA regarding The Goa Public Health (Amendment) Act, 2019 from Department of Law & Judiciary (Legal Affairs Division).
(2) Extraordinary (No. 2) dated 25-2-2019 from pages 3089 to 3090, regarding Corrigendum 38/1/2017-Fin (R&C)(91)(Corri.) from Department of Finance (Revenue & Control Division) and Law & Judiciary (Legal Affairs Division) Not. No. 7/7/2019- -LA regarding The Goa Tourist Places (Protection and Maintenance) (Amendment) Act, 2019.
(3) Extraordinary (No. 3) dated 26-2-2019 from pages 3091 to 3104, Notifications regarding The Goa Goods and Services Tax (Amendment) Act, 2019, The Value Added Tax (Eleventh Amendment) Act, 2019 and The Goa Registration of Tourist Trade (Amendment) Act, 2019 from Department of Law & Judiciary (Legal Affairs Division).
(4) Extraordinary (No. 4) dated 27-2-2019 from pages 3105 to 3112 from Department of Home (Home—General Division) regarding The Goa Poisons Possession and Sale Rules, 2014 and The Goa Commission for Scheduled Castes and Scheduled Tribes (Amendment) Act, 2019 from Department of Law & Judiciary (Legal Affairs Division).
INDEX
Department Notification/Order/Crri. Subject Pages
1. Civil Supplies and Not.- DCS/S/Ker/PF/2018-19/ Revised fixation of wholesale & retail Price 3113 Consumer Affairs /431 of Superior Kerosene Oil. Dir. & ex officio Jt. Secy.
2.a. Labour Ord.- 24/43/2018-LAB/98 Implementation of format under EODB. 3114 Under Secretary b. Insp. of Factories & Boilers Not.- VI/BLR/(2)/A-117/(a)/ The Goa Boiler (Fourth Amendment) Rules, 3127 Chief Insp. & ex. offi. Jt. Secy. /4210 2019.
3.a. Revenue Not.- 22/9/2014-RD Determination of market value of the land 3130 Under Secretary
to be acquired.
b. —do— Not.-22/9/2014-RD Draft Rules— The Goa Right to Fair Compensation 3130
and Transparency in Land Acquisition, Rehabi- litation and Resettlement Rules, 2019.
4. Tribal Welfare Corri.- DTW/ADMN/GSSTFDCL/ — 3158 Dir. & ex officio Jt. Secy. /171/2018-19/LA/8324
5. Printing and Stationery — Note.
3159
GOVERNMENT OF GOA
Department of Civil Supplies & Consumer Affairs
——
Notification
DCS/S/Ker/PF/2018-19/431
In pursuance of clause 3 read with sub-clause (d)(i) of clause 2 of Kerosene Fixation of Ceiling Price Order (1993), the Government of Goa hereby directs that maximum wholesale & retail price for domestic purpose of Superior Kerosene Oil stands revised as under with effect from 16-2-2019. This Notification supersedes earlier Notification No. DCS/S/KER/PF/2018-19/390 dated 21-1-2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019
Sr. Taluka Wholesale Price Wholesale Price Retail Price Retail Price
No. per kilo litre per kilo litre per litre per litre
including GST including GST including GST including GST
& Green Cess & Green Cess & Green Cess & Green Cess
Existing Revised Existing Revised
1 2 3 4 5 6
1. Tiswadi Rs. 29717.75 Rs. 30248.02 Rs. 32.00 Rs. 32.50
Chorao Rs. 29749.25 Rs. 30279.52 Rs. 32.00 Rs. 32.50
Diwar Rs. 29749.25 Rs. 30279.52 Rs. 32.00 Rs. 32.50
2. Salcete Rs. 29225.39 Rs. 29755.65 Rs. 31.50 Rs. 32.00
3. Bardez Rs. 29873.24 Rs. 30403.50 Rs. 32.25 Rs. 32.75
Corjuvem Rs. 29873.24 Rs. 30403.50 Rs. 32.25 Rs. 32.75
4. Mormugao Rs. 29037.51 Rs. 29567.77 Rs. 31.25 Rs. 31.75
5. Ponda Rs. 29329.04 Rs. 29859.31 Rs. 31.50 Rs. 32.00
6. Quepem Rs. 29478.05 Rs. 30008.31 Rs. 31.75 Rs. 32.25
7. Bicholim Rs. 29886.19 Rs. 30416.46 Rs. 32.25 Rs. 32.75
8. Pernem Rs. 30177.73 Rs. 30707.99 Rs. 32.50 Rs. 33.00
9. Canacona Rs. 29776.06 Rs. 30306.32 Rs. 32.00 Rs. 32.50
10. Sanguem Rs. 29620.58 Rs. 30150.84 Rs. 32.00 Rs. 32.50
11. Satari Rs. 29776.06 Rs. 30306.32 Rs. 32.00 Rs. 32.50
12. Dharbandora Rs. 29620.58 Rs. 30150.84 Rs. 32.00 Rs. 32.50
By order and in the name of the Governor of Goa.
Sandhya Kamat, Director & ex officio Jt. Secretary (Civil Supplies & Consumer Affairs).
Panaji, 19th February, 2019.
———ttt———
Department of Labour
—
Order
24/43/2018-LAB/98
As part Business Reform Action Plan (BRAP) of Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce, Government of India, has proposed several reforms to be implemented under the Ease of Doing Business initiative.
And whereas, the Government of Goa, has adopted Ease of Doing Business (EODB) as recommended by the Department of Industrial Policy and Promotion (DIPP).
And whereas, the Department of Labour has initiated the move to give concrete shape to the recommendations.
And whereas, the Department of Industrial Policy and Promotion (DIPP) has specifically mandated the filling of returns under all Labour Laws via Online Single Integrated/Consolidated Form and maintenance of all registers/records under the Acts and Rules thereunder in electronic format.
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OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019ANNEXURE B
Single Integrated/ Maintenance of Sr. Acts and Rules No.
/Consolidated Return Register in
Electronic Format
1. The Goa, Daman and Diu Shops and Applicable Applicable Establishment Act, 1973 and the Rules, 1975
2. The Minimum Wages Act, 1948 and the Applicable Applicable Rules, 1975
3. The Payment of Wages Act, 1936 and Applicable Applicable the Rules, 1964
4. The Payment of Bonus Act, 1965, and Applicable Applicable the Rules, 1975
5. The Contract Labour (Regulation and Applicable Applicable Abolition) Act, 1970 and the Rules, 1972
6. The Inter-State Migrant Workmen Applicable Applicable (Regulation of Employment and Condition of Service) Act, 1979 and the Rules, 1982
7. The Building and Other Construction Applicable Applicable Workers (Regulation of Employment and Condition of Service) Act, 1996 and the Rules. 2008
8. The Motor Transport Workers Act, 1961 Applicable Applicable and the Rules, 1966
9. The Maternity Benefit Act, 1961 and the Applicable Applicable Rules, 1967
10. The Industrial Disputes Act, 1947 and Applicable Not Applicable the Rules, 1957
11. The Child & Adolescent Labour Not Applicable Applicable (Prohibition and Regulation) Act, 1986 and the Rules, 1994
12. The Equal Remuneration Act, 1976 and Not Applicable Applicable the Rules, 1976
13. The Payment of Gratuity, 1972 and the Not Applicable Applicable Rules, 1973
14. The Working Journalist and Other Not Applicable Applicable Newspaper Employees (Condition of Services) and Miscellaneous Provisions Act, 1955 and the Rules, 1957 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019
Inspectorate of Factories & Boilers
—
Notification
VI/BLR/(2)/A-117/(a)/4210
Whereas, the draft rules, namely, the Goa Boiler (Fourth Amendment) Rules, 2018 which the Government of Goa proposed to make in exercise of the powers conferred by section 29 of the Boilers Act, 1923 (Central Act No. 5 of 1923) so as to further amend the Goa Boiler Rules, 1983, were pre-published as required by section 31 of the said Act,vide Notification No. VI/BLR/(2)/ /A-117/(a)/2574 dated 10th October, 2018 of the Inspectorate of Factories and Boilers, Panaji, in the Official Gazette, Series I No. 28 dated 11-10-2018 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date of publication of the said Notification in the Official Gazette;
And whereas, the said Official Gazette was made available to the public on 11th October, 2018;
And whereas, no objections or suggestions have been received from the public on the said draft Rules by the Government within the stipulated period.
Now, therefore, in exercise of the powers conferred by section 29 of the Boilers Act, 1923 (Central Act 5 of 1923) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa Boiler Rules,1983, namely:–
1. Short title and commencement.— (1) These rules may be called the Goa Boiler (Fourth Amendment) Rules, 2019.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Amendment of rule 36.— In rule 36 of the Goa Boiler Rules, 1983 (hereinafter referred to as the "principal Rules"),—
(i) for sub-rule (2), the following sub-rule shall be substituted, namely:—
(2) Inspection fees.— Inspection fees for renewal of certificate of boilers shall be calculated on the basis of rating and shall be levied in accordance with the following scale, namely:–
For boiler rating not exceeding 10 sq. mts. Rs. 2,700/-.
For boiler rating exceeding 10 sq. mts. but not exceeding 30 sq. mts. Rs. 3,200/-.
For boiler rating exceeding 30 sq. mts. but not exceeding 50 sq. mts. Rs. 3,900/-.
For boiler rating exceeding 50 sq. mts. but not exceeding 70 sq. mts. Rs. 4,600/-.
For boiler rating exceeding 70 sq. mts. but not exceeding 90 sq. mts. Rs. 5,300/-.
For boiler rating exceeding 90 sq. mts. but not exceeding 110 sq.mts. Rs. 5,900/-.
For boiler rating exceeding 110 sq. mts. but not exceeding 200 sq. mts. Rs. 6,600/-.
For boiler rating exceeding 200 sq. mts. but not exceeding 400 sq. mts. Rs. 7,300/-.
For boiler rating exceeding 400 sq. mts. but not exceeding 600 sq. mts. Rs. 7,900/-.
For boiler rating exceeding 600 sq. mts. but not exceeding 800 sq. mts. Rs. 9,100/-.
For boiler rating exceeding 800 sq. mts. but not exceeding 1000 sq. mts. Rs. 10,500/-.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019For boiler rating exceeding 1000 sq. mts. but not exceeding 1200 sq. mts. Rs. 11,900/-.
For boiler rating exceeding 1200 sq. mts. but not exceeding 1400 sq.mts. Rs. 13,200/-.
For boiler rating exceeding 1400 sq. mts. but not exceeding 1600 sq.mts. Rs. 14,400/-.
For boiler rating exceeding 1600 sq. mts. but not exceeding 1800 sq.mts. Rs. 15,800/-.
For boiler rating exceeding 1800 sq. mts. but not exceeding 2000 sq.mts. Rs. 18,500/-.
For boiler rating exceeding 2000 sq. mts. but not exceeding 2200 sq.mts. Rs. 21,000/-.
For boiler rating exceeding 2200 sq. mts. but not exceeding 2400 sq.mts. Rs. 23,700/-.
For boiler rating exceeding 2400 sq. mts. but not exceeding 2600 sq.mts. Rs. 26,300/-.
For boiler rating exceeding 2600 sq. mts. but not exceeding 2800 sq.mts. Rs. 28,900/-.
For boiler rating exceeding 2800 sq. mts. but not exceeding 3000 sq.mts. Rs. 31,500/-.
Above 3000 sq. meters, for every 200 sq. mts. or part thereof, an additional f e e o f R s .
1400/- shall be charged;
Provided that when any owner is willing to accept a renewed certificate for less than twelve months in order to approximate the date of annual inspection to the date on which other boilers in the locality are inspected, a certificate for such period of less than twelve months, as may be necessary for such approximation of dates, may be granted at a reduced fee to be calculated at one twelfth of the ordinary fee for each full month, portion of a month will be reckoned as one full month.";
(ii) in sub-rule (3),–
(A) in clause (a),–
(a) in sub-clause (i), for the letters and figures "Rs. 1000/-", the letters and figures "Rs. 2,000/-" shall be substituted;
(b) in sub-clause (ii), for the letters and figures "Rs. 500/-", the letters and figures "Rs. 1000/" shall be substituted;
(B) in clause (b),–
(a) in sub-clause (i), for the letters and figures "Rs. 1,500/-", the letters and figures "Rs. 3,000/-" shall be substituted;
(b) in sub-clause (ii), for the letters and figures "Rs. 1000/-", the letters and figures "Rs. 2,000/-" shall be substituted;
(C) in clause (c), for the letters and figures "Rs. 150/-" and "Rs. 1000/-", wherever they occur, the letters and figures "Rs. 300/-" and "Rs. 2,000/-" shall be respectively substituted;
(iii) in sub-rule (4), in clause (a),—
(A) in sub-clause (i) and (ii), for the letters and figures "Rs. 1,500/-", the letters and figures "Rs. 6000/-" shall be substituted;
(B) in sub-clause (iii), for the letters and figures "Rs. 750/-", the letters and figures "Rs. 3000/-" shall be substituted.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 20193. Amendment of rule 38-A.— For rule 38-A of the principal Rules, the following rule shall be substituted, namely:—
"38-A. Fees for approval and renewal.— The fees for the approval of following firms and renewal of its approval shall be calculated on the basis of rates to be levied in accordance with the following scale, namely:—
(a) (i) for approval of firm for pipe fabrication 5,000/- (ii) for renewal of approval of firm as pipe fabrication firm 3,200/-.
(b) (i) for approval of firm as boiler repairer/erector 5,000/-.
(ii) for renewal of approval of firm as boiler repairer/erector firm 3,200/-.
(c) (i) for approval of firm for manufacture of boilers, economisers, 20,000/-.
pipes, tubes, pressure vessels and heat exchangers
(ii) for renewal of approval of firm for manufacturer of boilers, economisers, pipes, tubes, pressure vessels and heat exchangers. 10,600/-.
(d) (i) for approval of firm for manufacture of castings, forgings, 12,500/-.
valves, forged-flanges and such other fittings.
(ii) for renewal of approval of firm for manufacture of castings, 7,000/-. forgings, valves, forged-flanges and such other fittings.
(e) (i) for approval of firm for manufacture of plate flanges 8,800/-.
(ii) for renewal of approval of firm for manufacture of plate flanges. 5,000/-.
(f) (i) for approval of testing laboratory
8,800/-.
(ii) for renewal of approval of testing laboratory 5,000/-.
(g) (i) for approval of electrode manufacturer (initial qualification) 5,000/-.
(ii) for renewal of approval of electrode manufacturer (periodical testing) 3, 200/-.
4. Amendment of rule 41.— In rule 41 for the principal Rules, for the letters and figures "Rs. 375/-", the letters and figures "Rs. 500/-" shall be substituted.
5. Amendment of rule 42.— In rule 42 of the principal Rules, for the letters and figures "Rs. 200/-", the letters and figures "Rs. 300/-" shall be substituted.
6. Amendment of rule 52.— In rule 52 of the principal Rules, for the words "rupees three hundred seventy five", the words "rupees five hundred" shall be substituted.
By order and in the name of the Governor of Goa.
Vivek P. Marathe, Chief Inspector & ex officio Joint Secretary (Factories & Boilers) .
Panaji, 12th February, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019Department of Revenue — Notification
22/9/2014-RD
Whereas, as per sub-section (1) of section 26 of the Right to Fair Compensation and Transparency, in Land Acquisition, Rehabi- litation and Resettlement Act, 2013 (Central Act 30 of 2013) (hereinafter referred to as "said Act"), the Collector has to determine the market value of the land to be acquired under the said Act;
And Whereas, as per sub-section (2) of section 26 of the said Act, the market value calculated as per sub-section (1) of said section 26 shall be multiplied by a factor to be specified in the First Schedule to the said Act;
And Whereas, as per the First Schedule to the said Act, the Appropriate Government is also required to notify the 'factor' by which the market value is to be multiplied in the case of rural areas, from 1.00 (one) to 2.00 (two) based on the distance of project from urban area;
And Whereas, as per sub-clause (i) of clause (e) of section 3 of the said Act, the Government of Goa is the appropriate Government in relation to Acquisition of land situated within the territory of State of Goa;
And Whereas the Government of Goa has
decided to notify the said factor.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 26 read with entry against serial No. 2 in column (3) of the First Schedule of the said Act, and all other powers enabling it in this behalf, the Government of Goa hereby notifies that when land to be acquired is situated in a rural area, the market value of such land calculated by the Collector as per sub-section (1) of section 26 of the said Act shall be multiplied by the factor as specified in column (3) below based on the aerial distance from the nearest urban area as specified in corresponding entry in column (2) below:
Sr. No. Distance Factor
(1) (2)
(3)
1. Upto 5 kms. from nearest urban area 1.25 2. Above 5 kms. and upto 20 kms. 1.5 3. Above 20 kms.
2
Provided that factor for every parcel of land in a saza shall be the same and equivalent to the factor applicable to the farthest point of that saza as per the above sliding scale.
Explanation: For the purposes of this notification, the area falling under the term "urban area" as defined in clause (38) of section 2 of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969) shall be considered as an 'urban area'.
This notification shall come into force from the date of its publication in the Official Gazette.
By order and in the name of the Governor
of Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 21st February, 2019.
————
Notification
22/9/2014-RD
The following draf t Rules which the Government of Goa proposes to make in exercise of the powers conferred by section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013) are hereby pre- published as required by section 112 of the said Act, for information of all the persons likely to be affected thereby and notice is hereby given that the said draft Rules will be taken into consideration by the Government after expiry of a period of 15 days from the date of publication of this Notification in the Official Gazette.
All objections and/or suggestions to the said draft Rules may be forwarded to the Under OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 Secretary (Revenue-I), before the expiry of the said period of 15 days so that they may be taken into consideration at the time of finalization of the said draft rules.
DRAFT RULES
In exercise of the powers conferred by section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:—
CHAPTER-I
Preliminary
1. Short title and commencement.— (1) These rules may be called the Goa Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2019.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. Definitions.— (1) In these rules, unless the
context otherwise requires,—
(a) "Act" means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013);
(b) "Annexure" means the annexure
appended to these Rules;
(c) "Form" means a form appended to
these Rules;
(d) "Government" means the Government
of Goa;
(e) "Gram Sabha" means the Grama Sabha as specified under section 4 of the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994);
(f) "section" means a section of the Act;
(g) "Social Impact Assessment Study" means Social Impact Assessment Study carried out under sub-section (1) of section 4 of the Act;
(h) "Social Impact Management Plan" means Social Impact Management Plan prepared by the authority under sub-section (6) of section 4 of the Act;
(i) "State" means the State of Goa.
(2) Words and expressions used and not defined in these rules but defined in the Act shall have the same meanings as are respectively assigned to them in the Act.
CHAPTER-II
Proposal for Acquisition of Land
3. Proposal for acquisition of land.— (1) The proposal for acquisition of land shall be submitted by the Requiring Body to the Collector in Form I along with the following documents, namely:—
(i) detailed project report;
(ii) sanction letter of the project;
(iii) estimated cost of the project;
(iv) three copies of map(s) showing the
affected areas;
(v) certified copies of the survey records of
the land to be acquired;
(vi) receipt of the amount deposited with the Economic Development Corporation towards the cost of land acquisition;
(vii) Zoning information of the land to be
acquired;
(viii) any other document or information
required by the Collector.
(2) Upon receipt of the proposal under sub- rule (1), the Collector shall constitute a Committee of officers consisting of Deputy Collector/Land Acquisition Officer, officers from the Town and Country Planning OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 Department, Agriculture Department or any other Departments as he deems necessary, to make field visit with the Requiring Body, examine the revenue records and submit its report, to him, as to whether such proposal is consistent with the provisions of the Act. The Committee shall submit its report within a period of sixty working days from the date of reference of such proposal made to it by the Collector.
(3) If the Collector, based on the report of the Committee, other information available with him and instructions issued by the Government in this regard, is satisfied that the proposal is consistent with the provisions of the Act, he shall submit the report to the Government, otherwise, he shall record the reasons thereof in writing and return the proposal to the Requiring Body.
the affected area by giving adequate publicity about the date and time and venue for the public hearing, which shall be recorded in writing, to ascertain the views of the affected families.
(3) The Social Impact Assessment Report alongwith a Social Impact Management Plan shall be submitted, to the Government within a period of six months from the date of commencement of the Social Impact Assessment Study. Such Report shall include details as respect all the matters specified in Annexure "A" and the views of the affected families recorded in writing.
(4) The Social Impact Management Plan which is required to be prepared under sub- -section (6) of section 4 shall include details as respect all the matters specified in Annexure "B".
CHAPTER-III
Social impact assessment study
4. Social Impact Assessment study.— (1) A Notification issued under sub-section (1) of section 4 shall be published in the Official Gazette and made available in local language to the local authority and in the offices of the Collector, the Sub-Divisional Officer, Special Land Acquisition Officer, concerned Mamlatdar, Village Panchayat/Municipality/ /Municipal Corporation for inspection of the public and shall be published in atleast two local newspapers having wide circulation in the State and such notification shall be published also in the form of posters affixed at conspicuous places in the affected area and shall be uploaded on the website of the District Collector and the Government. If the Requiring Body has deposited processing fee, such notification shall be issued within thirty days of such deposit.
(2) The Social Impact Assessment study shall be conducted in consultation with concerned Village Panchayat, Municipality or Municipal Corporation, at village level or ward level, as the case may be, in the affected area and it shall be followed by a public hearing in (5) The Social Impact Assessment Report and the Social Impact Management Plan shall be published in the Official Gazette and made available in the local language to the concerned Village Panchayat, Municipality or Municipal Corporation, in the affected area and in the Offices of the Collector, Sub- -Divisional Officer, Land Acquisition Officer and Mamlatdar for inspection of the public and shall be also uploaded on the website of the District Collector and the Government.
5. Institutional support and facilitation for Social Impact Assessment.— (1) The Government shall establish the "State Social Impact Assessment (SIA) Unit" and "District Social Impact Assessment Units" (DSIA) in consultation with Collector of the concerned district which shall be independent organizations and responsible for ensuring that all Social Impact Assessments are commissioned and conducted by the persons or bodies, other than the Requiring Body, as per the provisions of the Act, for all cases of land acquisition under the Act.
(2) The State Social Impact Assessment Unit, with the assistance of District Social Impact Assessment Units, shall perform the following functions, namely:– OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 (a) build and continuously expand the State Database of qualified Social Impact Assessment Resource Partners and Practitioners, which shall ser ve as a network of individuals and institutions with the required skills and capacities to conduct Social Impact Assessment Study for land acquisition, Rehabilitation and Resettlement;
(b) on the request of the Government, conduct Social Impact Assessment Study by preparing project-specific Terms of Reference.
(c) conduct training and capacity building programmes for the Social Impact Assessment team and community surveyors and make available manuals, tools, comparative case study reports and other materials required for the analysis;
(d) provide ongoing suppor t and corrective action, as required during the Social Impact Assessment process;
(e) ensure that the transaction based and web-based workflow for Social Impact Assessments and Management Information System for Land Acquisition and Rehabilitation and Resettlement is maintained and all relevant documents are disclosed as per the provisions of the Act;
(f) maintain catalogue of all Social Impact Assessments and associated primary material; and
(g) continuously review, evaluate and strengthen the quality of Social Impact Assessments and the capacities available to conduct them across the State.
6. Project-specific Terms of Reference and processing fee for carrying out the Social Impact Assessment Study.— (1) Where the Government intends to acquire land, the proposal for such land acquisition shall be sent along with all the relevant documents to the State (SIA) Unit, which shall,—
(a) prepare a detailed project-specific Terms of Reference for each proposal of land acquisition, listing all the activities that must be carried out indicating the appropriate team size, number of field teams and profile of the team members, and stipulate the Schedule and deadlines for key deliverables for the Social Impact Assessment as detailed in Annexure "C";
(b) determine an estimated fee for carrying out the Social Impact Assessment on the basis of the Terms of Reference with clear break-up of fee for each item or activity. The fee amount shall be based on the parameters specified by the Government including area, type of project and the number of affected families.
(2) Ten per cent of such fee shall be allocated to the State Social Impact Assessment Unit as administrative expenses for preparing the Terms of Reference for determining an estimated fee of Social impact assessment.
(3) The Requiring Body shall deposit the estimated fee for social impact assessment along with administrative fee as decided by way of e-challan.
7. Selection of the Social Impact Assessment Team.— (1) The State Social Impact Assessment Unit shall be responsible for selecting the Social Impact Assessment Team for each project from the individuals and institutions registered or empanelled in the State Database of qualified Social Impact Assessment Resource Par tners and Practitioners. The services of Universities, Colleges, Non-Governmental Organizations and Research Institutions also can be obtained for the purpose.
(2) The Requiring Body shall not be involved in any way in the process of selection of the Social Impact Assessment Team.
(3) The size and criteria for selection of the Social Impact Assessment Team shall be as OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 per the project-specific Terms of Reference developed and specified by the State Social Impact Assessment Unit.
(4) The Social Impact Assessment Team may be constituted by appointing individuals or an organization with experience in conducting social impact assessments or related field-based assessments and such team may include-
(a) a combination of independent practitioners, social activists, academicians, technical experts, who are not connected in any manner with the Requiring Body; and
(b) at least one woman member.
(5) A team leader shall be appointed from amongst the members of the Social Impact Assessment Team to liaison with the State Social Impact Assessment Unit throughout the assessment period.
(6) While selecting the Social Impact Assessment Team, it shall be ensured that there is no conflict of interest involving the team members selected to assess the concerned project.
(7) If, at any stage, it is found that any team member or any family member of the team member directly or indirectly receives any benefit from the Requiring Body or any other stakeholder in the project, such member shall be immediately removed after giving him an opportunity of hearing.
8. Process of conducting the Social Impact Assessment.— (1) The Social Impact Assessment Team shall collect and analyze a range of quantitative and qualitative land data, undertake detailed site visits, use participatory methods such as focused group discussions, participatory rural appraisal techniques and informant interviews in preparing the Social Impact Assessment Report.
(2) All relevant project repor ts and feasibility studies shall be made available to the Social Impact Assessment Team throughout the Social Impact Assessment process. Any information sought by the Social Impact Assessment Team shall be provided to it at the earliest within ten days. The Collector shall be responsible to furnish the information as requested by the Social Impact Assessment team.
(3) A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projects shall be conducted by the Social Impact Assessment Team. The assessment shall determine the following, namely:–
(a) a total area of impact under the proposed project, including both land to be acquired and areas that will be affected by environmental, social or other impacts of the project;
(b) quantity and location of land proposed to be acquired for the project;
(c) the bare minimum required land proposed for acquisition;
(d) possible alternative sites or location for the project and feasibility;
(e) whether, the land proposed for acquisition in Scheduled Area is a demonstrable last resort;
(f) land, if any, already purchased, alienated, leased or acquired and the intended use for each plot of land required for the project;
(g) the possibility of use of any public, unutilized land for the project and whether any of such land is under occupation;
(h) nature of the land, present use and classification of land and if it is an agricultural land, the irrigation coverage for such land and the cropping pattern;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019(i) whether special provisions with respect to food security have been adhered to in the proposed land acquisition;
(j) size of holdings, ownership patterns, land distribution, number of residential houses, public and private infrastructure and assets; and
(k) land price and recent changes in ownership, transfer and use of lands over the last three years.
(4) Based on the land assessment, land records and field verification, the Social Impact Assessment shall also provide an accurate estimate of the number of affected families and the number of displaced families among them and ensure that Social Impact Assessment team as far as possible enumerates all affected families:
Provided that where enumeration is not possible a representative sample shall be done.
(5) The Requiring Body shall identify the legal heirs of the deceased person whose name is appearing in land records pertaining to the land proposed to be acquired.
(6) A socio-economic and cultural profile of the affected area to be prepared on the basis of available data and statistics, field visits and consultations as per the details specified in Annexure "A":
Provided that where the projects requires resettlement, the identified resettlement sites shall be visited and a brief socio-economic profile of the land and its current resident population shall be indicated.
(7) Based on the data collected in above processes and in consultation with the affected families and key stakeholders, the Social Impact Assessment Team shall identify and assess the nature, extent and intensity of the positive and negative social impacts associated with the proposed project and land acquisition.
(8)(i) The Social Impact Assessment process shall also include the preparation of a Social Impact Management Plan which shall contain provision for the ameliorative measures to be undertaken to address the social impacts identified in the course of the assessment.
(ii) The Social Impact Assessment team shall assess the viability of impact mitigation and management strategies with clear indication of costs, timelines and capacities.
(iii) The Social Impact Management Plan shall include the following measures, namely:–
(a) measures specified in terms of rehabilitation, resettlement and com- pensation for all categories of affected families;
(b) measures to be undertaken by the Requiring Body as per the project proposal and other relevant project documents; and
(c) additional measures being under- taken by the Requiring Body, in response to the findings of the Social Impact Assessment process and public hearings.
(9) The Social Impact Assessment shall provide a conclusive assessment of the balance and distribution of the adverse social impacts and social costs and benefits of the proposed project and land acquisition, including the mitigation measures, and provide an assessment as to whether (i) the benefits from the proposed project exceeds the social costs and adverse social impacts that are likely to be experienced by the affected families or (ii) even af ter the proposed mitigation measures, the affected families will remain at risk of being economically or socially worse, as a result of the land acquisition and resettlement.
9. Public hearings.— (1) Before commence- ment of the process of Social Impact Assessment, the public hearing shall be held in the affected area.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019(2) The date, time and venue of the public hearing shall be announced and widely published at least three weeks in advance through public notifications in all the villages within a radius of five kilometers of the land proposed to be acquired, advertisement in the local newspapers, radio and through direct communication with Gram Panchayat or Municipality or Municipal Corporation and by uploading the information on the website of the District Collector and the Government.
(3) Public hearings shall be conducted by inviting the Gram Sabhas of the areas which are within a radius of 5 kilometres of the proposed land to be acquired. The venue for public hearing shall be preferably on the site of the land proposed to be acquired or its vicinity.
(4) (i) A member of the Social Impact Assessment team shall facilitate the public hearing which shall be organized through the local administration with the designated Government officers of appropriate level.
(5) The Gram Panchayat or Municipal Ward representatives shall also be included in all the decisions regarding the arrangements for the public hearings in their respective areas.
(6) All the proceedings shall be held in the local language to ensure that all the participants could understand and express their views.
(7) Representatives of the Requiring Body and designated land acquisition and Rehabilitation and Resettlement functionaries shall also attend the public hearing and address the questions and concerns raised by the affected families.
(8) Public representatives, local voluntary Organizations and media shall also be invited to attend the public hearing.
(9) The proceedings of the public hearing shall be video recorded and transcribed accordingly. This recording and transcription shall be submitted along with the Social Impact Assessment repor t and Social Impact Management Plan to Authority conducting the Social Impact Assessment Study.
(10) After the conclusion of the public hearing, the Social Impact Assessment team shall analyze the entire feedback received and information gathered in the public hearing and incorporate the same along with their analysis, in the Social Impact Assessment Report.
(11) Every objection raised during the public hearing shall be recorded and the Social Impact Assessment team shall ensure that the every objection is considered in the Social Impact Assessment Report.
10. Publication of the recommendations of the Expert Group.— (1) The recommen- dations of the Exper t Group referred in sub-section (4) and (5) of section 7 shall be published in the Official Gazette and made available in the local language to the concerned village Panchayat, Municipality or Municipal Corporation, at village level or ward level, in the affected area and in the Offices of the Collector, Sub-Divisional Officer, Land Acquisition Officer, Administrator and the Mamlatdar for inspection of the public and shall be published in atleast two local newspapers having vide circulation in the affected area and shall be also uploaded on the website of the District Collector and the Government.
11. Publication of the decision of the Government.— The decision of the Government under sub-section (2) of section 8 shall be published in the Official Gazette and made available in the local language to the concerned village Panchayat, Municipality or Municipal Corporation at village level or ward level, in the affected areas and in the Offices of the Collector, Sub-Divisional Officer, Land Acquisition Officer, Administrator and the Mamlatdar for inspection of the public and shall be also uploaded on the website of the District Collector and the Government.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 201912. Web-based Work Flow and Management Information System for Land Acquisition and Rehabilitation and Resettlement.—The Government shall create a dedicated, user- friendly website that may serve as a public platform on which the entire work flow of each acquisition case will be hosted, beginning with the notification of the Social Impact Assessment and tracking each step of decision-making, implementation and audit.
13. Inventory of Waste, Barren and Unutilised Land.—To ensure acquisition of minimum land and to facilitate the utilisation of unutilised public lands, the Government shall prepare a district level inventory report of waste, barren and unutilised public land, and land available in the Government land bank and such inventory report shall be made available to the Social Impact Assessment team and Expert group. The inventory report shall be updated from time to time. Such land can also include the tenanted land or other private lands which are kept fallow continuously for a period of three years.
of affected families prepared by the Social Impact Assessment Team, shall draw out a list of all affected families from whom consent is required to be obtained. Such list shall be published in the Official Gazette and displayed in conspicuous places in the affected area for atleast ten days before holding a meeting of affected families.
(4) In case of receipt of any objection, the Collector shall decide the same by recording reasons in writing and the same be conveyed to the concerned person within ten days of receipt of such objection by the Collector.
(5) The Collector shall, in consultation with the concerned local body, notify the date, time and venue at least two weeks in advance, for holding the meeting of affected families at the village or ward level. The Gram Sabha shall also be invited for such meeting.
CHAPTER-IV
Process for obtaining prior consent
14. Prior Consent of affected families while acquiring land for public-private partnership projects/private companies for public purposes.— (1) The Government, through the Collector of the concerned district shall initiate the process for obtaining prior consent of the affected families in Form II. The Collector may appoint officers to assist him in the process of obtaining the prior consent.
(2) The Collector shall take necessary steps to resolve outstanding issues related to rights, title to the land in the affected area, so that the affected families are identified for initiating the process of obtaining the prior consent. The Collector shall take special drive for this purpose and complete this exercise within a period of ninety days.
(3) The Collector, after completion of the aforesaid exercise of correcting and updating the land records, and after considering the list (6) The proposed terms and conditions agreed to by the Requiring Body shall also be made available in local language at least two weeks in advance before holding of such meeting.
(7) In respect of public private partnership projects and projects by private companies, the representatives of the Requiring Body, who are competent to take decision and negotiate the terms of Rehabilitation and Resettlement and compensation and the members of the Social Impact Assessment Team shall be present at such meeting and they shall reply to the questions raised by the affected families. The terms and conditions of Rehabilitation and Resettlement, compensa- tion and other measures committed by the Requiring Body shall be explained to the affected families in the local language and signatures of the affected families as well as of the representative of the Requiring Body shall be obtained on such terms and conditions.
(8) At the conclusion of the meeting, each affected family shall be asked to sign a consent/ declaration in Form II to convey his agreement OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 or disagreement for the acquisition of land. A copy of such signed declaration alongwith the terms and conditions shall be made available to him. Such declaration shall be counter- signed by the Collector.
16. Role and responsibilities of the Requiring Body for consent process.— (1) The Requiring Body shall authorise its representative competent to take decisions and negotiate terms and conditions of compensation and rehabilitation and resettlement, who shall be present in the meeting of affected families for obtaining the consent and reply to the queries raised by them.
(2) The Requiring Body shall provide all the information as well as any additional information, if required on the project, prior to the taking of consent.
CHAPTER-V
(9) Arrangements shall be made for those who could not attend the meeting of affected families for enabling them to submit their signed consent/declaration to the Collector within fifteen days from the date of such meeting. The signed consent/declaration shall be countersigned by the Collector and a copy of the signed and countersigned consent/ /declaration alongwith the terms and conditions shall be handed over to each of the affected family.
(10) The prior consent shall be determined on the basis of the signed and countersigned written declarations of such affected families.
15. Roles and responsibilities of the Government in prior consent process.— (1) The Government or the authorized officer shall ensure that the following are provided at least three weeks in advance to every person from whom prior consent is sought, in the local language, namely:—
(a) a copy of initial package offered for compensation and rehabilitation and resettlement;
(b) a list of the rights under the revenue laws, the Scheduled Tribes and others Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Central Act 2 of 2007) and other legislations, enjoyed by the village and its residents;
(2) The Collector or an officer duly authorised by him shall attend the meeting of special Gram Sabhas, Panchayats and affected families.
(3) The Government or the authorized officer shall ensure that all the documents relating to Social Impact Assessment are made available to the affected families and all such information as requested provided to them.
Preliminary Notification for Land Acquisition
17. Publication of preliminary notification in affected areas.— (1) The preliminar y notification referred to in section 11 shall be issued in Form III.
(2) The preliminary notification shall be published in the form of posters affixed at conspicuous places in the affected area and also displayed in the office of Talathi.
(3) After publication of the preliminary notification, the Collector shall ensure completion of the exercise of updating land records, within a period of two months, as specified hereunder:–
(a) delete the entries of dead persons;
(b) enter the names of legal heirs of the
deceased persons;
(c) enter the registered transactions of the rights in land such as sale, gift, partition, etc.
(d) make all entries of the mortgage in
the land records;
(e) delete the entries of mortgage in case the lending agency issues letter towards full payment of loan taken through registered re-conveyance of mor tgaged property deeds;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019(f) make necessary entries in respect of
all prevalent forest laws;
(g) make necessary entries in case of the
Government land;
(h) make necessary entries in respect of assets on the land like buildings, trees, wells etc.;
(i) make necessary entries of share of
cultivators in the land;
(j) make necessary entries of crops grown
or sown and the area of such crops; and
(k) any other entries as deemed fit in respect of land acquisition, rehabilitation and resettlement;
(4) In any case the exercise under sub-rule (3) shall not be carried on beyond the period taken for Social Impact Assessment study.
CHAPTER-VI
Rehabilitation and Resettlement Scheme
18. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.– (1) Upon publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator shall either himself or through authorized Officer conduct a survey and under take a census of the affected families within a period of two months from the date of publication of such preliminary notification.
(2) For the purpose of the survey to be conducted and the census of the affected families to be undertaken by the Administrator, he shall take into account the Social Impact Assessment report and collect the data from the Village Panchayat, Municipality/Municipal Corporation, as the case may be, and Government records and verify that data by door to door visit of the affected families and by site visits in case of an infrastructure project in the affected area and prepare a draft Rehabilitation and Resettlement Scheme.
(3) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall, in addition to the particulars mentioned in sub-section (2) of section 16, contain the following details, namely:–
(a) list of affected families and displaced
families;
(b) details of infrastructure in the affected
area;
(c) list of land holdings in the affected
area;
(d) list of tress, buildings, other immoveble property or assets attached to the land or building which are to be acquired;
(e) list of trades or businesses in the
affected area;
(f) list of landless people in the affected
area;
(g) list of persons belonging to Scheduled Castes or the Scheduled Tribes, handi- capped persons in the affected area;
(h) list of landless agricultural labourers
in the affected area;
(i) list of prospective youth for
employment in the affected area.
(4) The Administrator shall prepare a comprehensive and detailed draf t Rehabilitation and Resettlement Scheme and give wide publicity in the affected area and ensure that the affected persons are informed through publication in the following manner, namely: —
(a) in the Official Gazette;
(b) in at least two daily newspapers having vide circulation in the locality of such area of which one shall be in the regional language;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019(c) in the local language in the Village Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector and the Sub-Divisional Magistrate;
(d) uploaded on the website of the District
Collector and the Government;
(e) in the office of Mamlatdar in the
affected area;
(5) The Administrator or an officer designated by him shall conduct a public hearing in the affected areas on such a date as he thinks fit but not earlier than fifteen days of the publication of the scheme as prepared by him under sub-section (2) of section 16.
19. Development Plan for Scheduled Castes or Scheduled Tribes Families.— (1) The Development Plan to be prepared under section 41 in cases of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or Scheduled Tribes families shall be in Form IV.
(2) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall be given land, free of cost, for community and social gatherings, as decided by the Collector.
20. Publication of Approved Rehabilitation and Resettlement Scheme.— (1) The Commissioner shall, by way of a public notice, publish the approved Rehabilitation and Resettlement Scheme in atleast two local daily newspapers in the affected area, out of which at least one shall be in the local language in the affected areas.
(2) The copies of such scheme shall be made available in the offices of concerned village panchayat, Municipality/Municipal Corporation, concerned Mamlatdar, Sub- -Divisional Officer, Collector and Administrator in the concerned area. The copy of such scheme shall also be made available to any person on demand and on payment of fees as chargeable for providing information under the Right to Information Act, 2005 (Central Act 22 of 2005).
(3) The land, trees, structures etc., shall be valued as on the date of issue of preliminary notification and the total cost of the acquisition shall be deposited by the Requiring Body with the Economic Development Corporation (EDC).
21. Publication of declaration.— (1) After the Requiring Body has deposited in full, the cost of acquisition with the Economic Development Corporation, a declaration referred to in sub-section (1) of section 19 shall be published by affixing a copy thereof in local language at conspicuous places in the affected areas in Form V, Gram Panchayat office and the office of the village Talathi and urban local bodies and in Official Gazette. The date on which last such publication is made shall be the date of publication of declaration under sub-section (1) of section 19.
22. Recovery of excess amount.— In the case of any default or refusal to pay the excess amount as referred to in sub-section (3) of section 33, the same shall be recovered as an arrears of land revenue under the provisions of the Goa Land Revenue Code, 1968 (9 of 1969) and such recovery proceedings shall be initiated within a period of three years from the date on which the excess amount is found to have been defaulted or refused to pay.
23. Land Acquisition Award.— The Collector shall after making enquiry and disposal of the objections, if any, raised by the interested persons in pursuance of the public notice published and given under sub-section (1) of section 21, shall make land acquisition Award under section 23 of the Act in FORM VI.
24. Rehabilitation and Resettlement Award.— The Rehabilitation and Resettlement Award referred in section 31 shall be passed in FORM VII.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 201925. Compensation.— (1) The compensation shall be calculated as per the provisions laid down under sections 26 to 30 read with the First Schedule of the Act.
(2) The payment of compensation shall be made expeditiously through account payee cheques or electronic mail transfer.
26. Limits of extent of land under sub- -section (3) of section 2.— The limits of extent of land referred in clause (a) of sub-section (3) of section 2 shall be 30,000 sq. mts. in urban areas and 2,00,000 sq. mts. in rural areas.
27. Limits of Acquisition of Irrigated Multi Cropped Land.— (1) The Government may, by notification in the Official Gazette, specify the percentage of land which can be acquired which is irrigated multi cropped land based on recommendations of the expert groups from time to time, as and when required. This limit of extent of land is to be revised, based on the recommendations of an expert group constituted by Government consisting of representatives of agriculture, farmers, industry, etc., once every three years.
28. Powers, duties and responsibilities of Administrator.— (1) The Administrator shall,—
(a) collect and prepare database for the Social Impact Assessment study and make it available to the Social Impact Assessment Team that carries out the Social Impact Assessment study;
(b) co-ordinate the Social Impact Assessment study process in the district;
(c) publish the notification issued by the Government under sub-section (1) of section 4 in the affected area;
(d) publish the summary of the Social Impact Assessment study report;
(e) issue notices for public hearing;
(f) attend public hearing;
(g) make available the draft Social Impact Assessment study report to the affected families and others concerned;
(h) attend the meeting of the Expert Group assessing the Social Impact Assessment study report;
(i) publish the recommendations of Expert Group in the manner as provided in these rules, in the affected area;
(j) publish the decision of the Government on the acquisition of land in the manner as provided in these rules, in the affected area;
(k) conduct survey and undertake census of the affected families in the manner and within such time, as provided in these rules;
(l) prepare a draft Rehabilitation and Resettlement Scheme;
(m) bring to the knowledge of the people about the draf t Rehabilitation and Resettlement Scheme in the manner as provided in these rules;
(n) make available the draft Rehabilitation and Resettlement Scheme to the concerned persons and authorities;
(o) issue and publish notices for public hearing on the draft Rehabilitation and Resettlement Scheme in the affected areas;
(p) conduct public hearing on the draft Rehabilitation and Resettlement Scheme in the affected areas;
(q) give an opportunity to the Requiring Body to make suggestions and comments on the draft Rehabilitation and Resettle- ment Scheme;
(r) submit the draft Rehabilitation and Resettlement Scheme to the Collector;
(s) publish the approved Rehabilitation and Resettlement Scheme in the affected area;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019(t) help and assist the Collector in preparing the Rehabilitation and Resettlement award;
(u) monitor and supervise the progress in Rehabilitation and Resettlement study;
(v) assist in post implementation Social audit of Rehabilitation and Resettlement; and
(w) perform any other work required to be done for Rehabilitation and Resettlement or on the directions issued by Commissioner.
29. Elements of Rehabilitation and Resettle- ment.— (1) The Government shall ensure that the Administrator commences the Rehabilitation and Resettlement process with the conduct of survey and census of the affected families as per section 16 by taking into consideration the affected families identified by Social Impact Assessment Team.
(2) The draf t Rehabilitation and Resettlement scheme prepared by the Administrator as per the Act, shall be based on the Social Impact Management Plan prepared by the Social Impact Assessment Team and shall be developed in consultation with the Gram Sabha or Municipality/ /Municipal Corporation by holding public hearings as provided under section 5 of the Act.
(3) The Administrator shall maintain a record of objections and claims filed in the public hearing and submit the draf t Rehabilitation and Resettlement scheme along with his report on the claims and objections to the Collector within two weeks after completion of public hearing.
(4) The Collector shall, within four weeks from the date of receipt of the draf t Rehabilitation and Resettlement scheme, convene a meeting with the Rehabilitation and Resettlement Committee at project level, discuss the scheme and submit the scheme to Commissioner along with his suggestions.
(5) The Commissioner shall, af ter scrutinizing the scheme submitted by the Collector accord approval to the scheme and make it available in public domain, within four weeks.
(6) The summary of the scheme approved by the Commissioner shall be notified in declaration referred under section 19 of the Act.
30. Constitution of Rehabilitation and Resettlement Committee at project level.— The Government shall constitute a Rehabilitation and Resettlement Committee at project level to monitor and review the progress of implementation of the Rehabilitation and Resettlement Scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and Municipality/Municipal Corporation in urban areas.
31. Procedure and Payment of Travelling Allowance to Rehabilitation and Resettlement Committee at project level.— (1) The Committee shall have its first meeting when a draft Rehabilitation and Resettlement Scheme has been prepared by the Administrator. The Committee shall discuss the scheme and make suggestions and recommendations. Thereaf ter, in subsequent meetings, the Committee shall meet and discuss the progress of the Rehabilitation and Resettlement scheme once in a month till the process of resettlement is concluded.
(2) For the purpose of carrying out the post- implementation social audits, the Committee shall meet once in three months.
(3) The members of the Committee shall be entitled to travelling allowance at such rate as may be specified by the Government from time to time.
(4) The Committee may visit the affected area and discuss with the affected families and may also visit the resettlement area to monitor the resettlement process.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 201932. Procedure for State Monitoring Committee for rehabilitation and resettlement.— (1) The State Monitoring Committee shall have its first meeting for reviewing and monitoring the implementation of Rehabilitation and Resettlement Scheme for the Project within a month from the date of publication of the approved Rehabilitation and Resettlement Scheme by the Commissioner, and thereafter the State Monitoring Committee meeting shall be held af ter ever y six months. If the Committee desires, then it can have its meeting even before expiry of such period of six months.
(2) The allowances payable to the experts associated with Committee shall be same as admissible to the Commissioner or Secretary to the Government.
33. Conditions of service of Land Acquisition, Rehabilitation and Resettlement Authority.— (1) The Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority shall be appointed by the Government in consultation with the Chief Justice of the High Cour t of Bombay by notification in the Official Gazette.
(2) There shall be a Registrar of the rank of Junior Scale Officer of the State and other staff including two employees of the rank of Head Clerk, one stenographer, four clerks, one driver and two peons and one bailiff to be appointed on deputation from the respective cadres of the Government servants.
34. Salaries, allowances, etc. of the Presiding Officer, Registrar and other Officer and employees of the Land Acquisition, Rehabilitation and Resettlement Authority.— (1) The salary and allowances of the Registrar and other officers and employees of the Land Acquisition, Rehabilitation and Resettlement Authority shall be the same as were admissible to them in their parent Department and a deputation allowance at the rate of ten per cent of their basic salary (which includes Grade Pay) shall be paid to them. Their conditions of service shall be the same as those applicable to their counter parts under the relevant Rules.
(2) The Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority shall be paid salary and other allowances,—
(a) if he is the serving District Judge – As admissible to a District Judge under Judicial Pay Commission.
(b) if he is a retired District Judge - His last salary in the Government service plus ten per cent deputation allowance of the basic salary (which includes Grade Pay).
(c) if he is a qualified legal practitioner for a period exceeding seven years - As per salary payable to District Judge at entry level.
35. Return of unutilized land to the original land owner. — (1) Where any land acquired under the Act remains unutilised for a period of five years from the date of taking over the possession by the Requiring Body, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank by issuing a notice to the Requiring Body for whom the land was acquired and by giving an opportunity of being heard and by passing necessary order in writing by the Collector in this behalf.
(2) After passing the written order as above, the Collector shall take the possession of the acquired land for the purpose of returning the same to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank as stated in section 101 of the Act.
36. Manner of recovery of Rehabilitation and Resettlement benefits availed of, by making false claim or through fraudulent means.— The Collector shall recover any rehabilitation and resettlement benefits claimed falsely or through fraudulent means as arrears of land revenue under the provisions of the Goa Land Revenue Code, 1968 (9 of 1969).
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 201937. Manner and mode of publication.— Any publication provided in these Rules shall be in the following manner, namely:–
(i) publication in the Official Gazette;
(ii) publication in two widely circulated news papers in the affected areas out of which one shall be in regional language;
(iii) publication in website of the Department concerned.
(iv) publication in Gram Panchayat office/ /office of Talathi/Municipal Council/Municipal Corporation.
By order and in the name of Governor of Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 21st February, 2019.
—————
FORM I
[See rule 3 (1)]
PROPOSAL FOR ACQUISITION OF LAND
From:
Name:
and/or Designation of the Requiring Body.
To:
1. The District Collector,
______ Goa District,
______, Goa.
2. Commissioner, Rehabilitation and Resettlement, ______________
It is requested to acquire _______ Sq. mts. of land for which ________________________ _____________________ project/purpose and the details are furnished in Annexure (Appendix) I, II & III along with three copies of Combined Sketch (to scale) showing the lands to be acquired.
The gestation period of the project will be ____ years and ___ months (applicable only if gestation period is more than 5 years).
Requisite cost of acquisition including cost of social impact assessment study (SIA) is available and shall be deposited in your office, as provided under provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as and when required by you. It is certified that the land to be acquired was demarcated on the field and all further necessary information and assistance shall be provided on the date/time appointed/stipulated by you.
Your's faithfully
Requiring body.
—————
ANNEXURE-I
Name of the Project
(1) Name of the Village -
(2) Name of the Mandal - OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 (3) Name of the Municipality/Municipal Corporation -
(4) Name of the District -
(5) Survey Nos. to be acquired -
(6) Total area under request (in hectare/sq.mts.) -
(7) Boundaries of the area to be acquired:-
East:-
West:-
North:-
South:-
(8) Area of the agricultural and irrigated multi-cropped land.
(9) Reasons for inclusion of agricultural and irrigated multi-cropped land ————————————
—————————————————————————————————————————————
—————————————————————————————————————————————
(10) Details of buildings and other structures, tanks, wells, trees, etc.
(11) Reasons for the inclusion of religious building, graveyard or tomb etc. for acquisition, if any.
Requiring Body
————
ANNEXURE-II
Name of the Project:–
1. Department or Government or Company, local Authority, Institution:
2. Official designation of the Requiring Body:-
3. Purpose of Acquisition (in detail):-
4. Whether the request is filed u/s. 2(1) of the Act by the Government or Department for its own use hold and control:-
5. Whether the request is filed u/s. 2(1)(a) to 2(1)(f) of the Act:-
6. Whether the request is filled u/s. 2(2)(a) or (b) of the Act:-
7. How many families are affected as described u/s. 3(c)(i) to (vi) of the Act:-
8. Whether the request is filed u/s. 40 of the Act:-
9. If so, on what ground?
10. Has the land for the project been partially purchased from the owners by private negotiation?
11. If so, on what date and on what terms (please state the terms of negotiation in short and attach the copy of it).
12. Date of issue of administrative approval for the project (copy to be attached) in case of Government or department or local authority.
13. Reasons for the delay in filing request, if request is filed after 6 weeks from the date of Administrative Approval of the project in case of Government or department or local authority.
14. By what time possession of the land is required.
Requiring Body OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019
ANNEXURE-III
Certificate to be furnished along with the request for acquisition of land by the Requiring Body.
Name of the Project:-
(1) Certified that the project for which the land is sought to be acquired has been administratively approved vide Department letter No. __________ dated _______ for acquisition under the Act (Copy of letter attached).
(2) The estimated cost of the project is of Rs. ________ and necessary budget was sanctioned and funds are available towards cost of acquisition.
(3) The Department undertakes to pay the full amount in case of decree by the Land Acquisition, Rehabilitation and Resettlement Authority/High Court/Supreme Court as and when asked to do so by the Collector.
Requiring Body.
—————
ANNEXURE "A"
[See rule 3 (3)]
Part I. List of socio-economic and cultural parameters to be covered by the SIA — Demographic details of the population in the project area Age, sex, caste, religion, Literacy, health and nutritional status.
— Poverty levels.
— Vulnerable groups: Women, children, the elderly, women-headed households, the differently abled.
— Kinship patterns and women's role in the family.
— Social and cultural organization.
— Administrative organization.
— Political organization.
— Civil society organizations and social movements.
— Land use and livelihood.
o Agricultural and non-agricultural use.
o Quality of land-soil, water, trees etc.,
o Livestock.
o Formal and informal work and employment.
o Household division of labor and women's work.
o Migration o Household income levels.
o Livelihood preferences o Food security.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019— Local economic activities.
o Formal and informal, local industries.
o Access to credit.
o Wage rates.
o Specific livelihood activities women are involved in
Factors that contribute to local livelihoods.
o Access to natural resources.
o Common property resources.
o Private assets.
o Roads, transportation.
o Irrigation facilities.
o Access to markets.
o Tourist sites.
o Livelihood promotion programmes.
o Co-operatives and other livelihood-related associations.
— Quality of the living environment.
o Perceptions, aesthetic qualities, attachments and aspirations.
o Settlement patterns.
o Houses o Community and civic spaces.
o Sites of religious and cultural meaning.
o Physical infrastructure (including water supply, sewage systems etc.).
o Public service infrastructure (schools, health facilities, anganawadi centers, public distribution system).
o Safety, crime, violence.
o Social gathering points for women.
————
Part II. Key impact areas
Impacts on land, livelihoods and income
— Level and type of employment.
— Intra-household employment patterns.
— Income levels.
— Food security.
— Standard of living.
— Access and control over productive resources.
— Economic dependency or vulnerability.
— Disruption of local economy .
— Impoverishment risks.
— Women's access to livelihood alternatives OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 Impacts on physical resources
— Impacts on natural resources, soil, air, water, forests.
— Pressures on land and common property natural resources for livelihoods Impacts on private assets, public services and utilities.
— Capacity of existing health and education facilities.
— Capacity of housing facilities.
— Pressure on supply of local services.
— Adequacy of electrical and water supply, roads, sanitation and waste management system.
— Impact on private assets such as bore wells, temporary sheds etc. Health impacts — Health impacts due to in-migration.
— Health impacts due to project activities with a special emphasis on.
— Impact on women's health.
— Impact on the elderly Impacts on culture and social cohesion.
— Transformation of local political structures.
— Demographic changes.
— Shifts in the economy-ecology balance.
— Impacts on the norms, beliefs, values and cultural life.
— Crime and illicit activities — Stress of dislocation.
— Impact of separation of family cohesion — Violence against women.
Impacts at different stages of the project cycle
The type, timing, duration, and intensity of social impacts will depend on and relate closely to the stages of the project cycle. Below is an indicative list of impacts Pre-construction phase.
— Interruption in the delivery of services.
— Drop in productive investment.
— Land speculation — Stress of uncertainty.
Construction phase
— Displacement and relocation.
— Influx of migrant construction workforce.
— Health impacts on those who continue to live close to the construction site operation phase.
— Reduction in employment opportunities compared to the construction phase.
— Economic benefits of the project.
— Benefits on new infrastructure.
— New patterns of social organization.
De-commissioning phase
— Loss of economic opportunities.
— Environmental degradation and its impact on livelihoods.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019Direct and indirect impacts — "Direct impacts" will include all impacts that are likely to be experienced by the affected families.
— "Indirect impacts" will include all impacts that may be experienced by those not directly affected by the acquisition of land (i.e. Direct land and livelihood losers), but those living in the project area.
Differential impacts — Impact on women, children, the elderly and the different abled.
— Impacts identified through tools such as Gender Impact Assessment Checklists, and Vulnerability and Resilience Mapping Cumulative impacts.
— Measureable and potential impacts of other projects in the area along with the identified impacts for the project in question — Impact on those not directly in the project area but based locally or even regionally.
Part III. Table of Contents for SIA Report and Social Impact Management Plan Chapter Contents
Executive Summary (a) Project and public purpose.
(b) Location.
(c) Size and attributes of land acquisition.
(d) Alternatives considered.
(e) Social Impacts.
(f) Mitigation measures.
(g) Assessment of social costs and benefits.
Detailed Project Description (a) Background of the project, including developers
background and governance/management structure.
(b) Rationale for project including how the project fits the
public purpose criteria listed in the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
(c) Details of project size, location, capacity, outputs, production
targets, cost, risks.
(d) Examination of alternatives.
(e) Phases of project construction.
(f) Core design features and size and type of facilities.
(g) Need for ancillary infrastructural facilities.
(h) Work force requirements (temporary and permanent).
(i) Details of SIA/EIA if already conducted and any technical
feasibility reports.
(j) Applicable legislations and policies.
Team composition, approach, methodology (a) List of all team members with qualifications. Gender experts
and schedule of the SIA to be included in team.
(b) Description and rationale for the methodology and tools
used to collect information for SIA.
(c) Sampling methodology used.
(d) Overview of information/data sources used. Detailed
reference must be included separately in the forms.
(e) Schedule of consultations with key stakeholders and brief
description of public hearings conducted. Details of the public hearings and the specific feedback incorporated into the Report must be included in the forms.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019Land Assessment
(a) Information from land inventories and primary sources -
Describe with the help of the maps.
(b) Entire area of impact under the influence of the project (not
limited to land area for acquisition).
(c) Total land requirement for the project. (d) Present use of any public, unutilized land in the vicinity of
the project area.
(e) Land (if any) already purchased, alienated, leased or
acquired, and the intended use for each plot of land required for the project.
(f) Quantity and location of land proposed to be acquired for
the project.
(g) Nature, present use and classification of land and if
agricultural land, irrigation coverage and cropping patterns (h) Size of holdings, ownership patterns, land distribution, and
number of residential houses.
(i) Land prices and recent changes in ownership, transfer and
use of lands over the last 3 years.
Estimation and enumeration (where Estimation of the following types of families that are —
required) of affected families and assets (a) Directly affected (own land that is proposed to be
acquired):
(i) Are tenants/occupy the land proposed to be acquired. (ii) The Scheduled Tribes and other traditional forest dwellers
who have lost any of their forest rights.
(iii) Depend on common property resources which will be affected due to acquisition of land for their livelihood. (iv) Have been assigned land by the State Government or the
Central Government under any of its schemes and such land is under acquisition.
(v) Have been residing on any land in the urban areas for
proceeding three years or more prior to the acquisition of the land.
(vi) Have depended on the land being acquired as a primary
source of livelihood for three years prior to the acquisition.
(b) Indirectly impacted by the project (not affected directly
by the acquisition of own lands).
(c) Inventory of productive assets and significant lands.
Socio-economic and cultural profile (a) Demographic details of the population in the project area. (affected area and resettlement site) (b) Income and poverty levels.
(c) Vulnerable groups. (d) Land use and livelihood. (e) Local economic activities. (f) Factors that contribute to local livelihoods. (g) Kinship patterns and social and cultural organization. (h) Administrative organization. (i) Political organization. (j) Community-based and civil society-organizations. (k) Regional dynamics and historical change processes. (l) Quality of the living environment.
Social impacts
(a) Framework and approach to identifying impacts.
(b) Description of impacts at various stages of the project cycle such as impacts on health and livelihoods and culture. For OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 each type of impact, separate indication of whether it is a direct/indirect impact, differential impacts on different categories of affected families and where applicable cumulative impacts.
(c) Indicative list of impacts areas include: impacts on land,
livelihoods and income, physical resources, private assets, public services and utilities, health, culture and social cohesion and gender based impacts.
————
ANNEXURE "B"
[See rule 4(4)]
SOCIAL IMPACT MANAGEMENT PLAN
(1) Approach to mitigation – Measures to avoid, mitigate and compensate impact.
— Measures that are included in the terms of R&R and compensation as outlined in the Act.
— Measures that the Requiring Body has stated it will introduce in the Project Proposal.
— Additional measures that the Requiring Body has stated it will undertake in response to the findings of the SIA process and public hearings.
— The SIMP must include a description of institutional structures and key person responsible for each mitigation measure and timelines and costs for each activity.
(2) SIMP Institutional Framework, stating the institutional structures and key person responsible for each mitigation measure.
— Specify the role of NGOs'/CBOs', if involved.
— Indicate capacities required and capacity building plan, including technical assistance, if any.
— Time lines for each activity.
(3) SIMP Budget and Financing of mitigation plan stating costs of all resettlement and rehabilitation costs;
Annual budget and plan of action and Funding Sources with break-up.
(4) SIMP Monitoring Evaluation-stating key M&E indicators SIMP M&E.
— Reporting mechanisms and monitoring roles. - Plan for independent evaluation.
(5) Analysis of Costs and Benefits and Recommendation on Acquisition.
— Stating Final conclusions on assessment of public purpose, less displacing alternative, minimum requirements of land, the nature and intensity of social impacts and viable mitigation measures and the extent to which mitigation measures will address costs. The above analysis will use the equity principle as a frame work of analysis for presenting a final recommendation on whether the acquisition should go through or not.
(6) References and Annexure: - For reference and for the information.
————
ANNEXURE "C"
[See rule 6 (1)(a)]
Terms of Reference, Budget and Processing Fee for the Social Impact Assessment The State Social Impact Assessment Unit will review the proposal for land acquisition sent by the State Government and produce a project-specific Terms of Reference (ToR) and budget. Based on the ToR and OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019 budget, a processing fee will be determined, which must be deposited by the Requiring Body before the notification of the Social Impact Assessment can be issued. The ToR shall include the following information:
— A brief description of the project, project area and the extent of lands proposed for acquisition — The objectives of the Social Impact Assessment and all the activities that must be carried out by the Social Impact Assessment team
— Sequencing, schedule and deadlines for deliverables with dates for the Social Impact Assessment process, based on the size and complexity of the project and land acquisition, and whether consent or consultation of Gram Sabhas and/or land owners is required to be sought.
— The appropriate size and profile of the Social Impact Assessment team required (including field surveyors if needed) to conduct the Social Impact Assessment for the specific project.
— A project – specific budget based on the ToR, with a clear break-up of costs for each item/activity.
— The schedule for the disbursement of funds to the Social Impact Assessment team tied to clearly-defined deliverables in the Social Impact Assessment process The processing fee will be determined based on the ToR and budget developed for each specific project and will be based on the type, size, location and sensitivity of the project and the land proposed for acquisition.
— Information regarding the processing fee bands and the cost for separate components/line items must be made consistent and easily accessible, so that the Requiring Body can factor this into its costs in advance. These rates must be reviewed and revised from time to time.
— A fixed proportion of the fee will go towards meeting the costs of the State SIA Unit.
————
FORM II
[See rule 14 (1)]
PART-A. PRIOR WRITTEN CONSENT/DECLARATION FORM
(For Public-Private and Private Purpose)
Rule _____________
Sr. No.
Details of Affected Land Owners/Persons Concerned
(1) Name of the person(s) in whose name the land is registered
(2) Name of the spouse:
(3) Name of father/mother:
(4) Address:
(5) Village/Basti:
(6) Gram Panchayat/Municipality/Township:
(7) Tehsil/Taluka:
(8) District:
(9) Name of other members in the family with age: (including children and adult dependents):
(10) Extent of land owned:
(11) Disputed lands if any:
(12) Pattas/leases/grants, if any:
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019(13) Any other right, including tenancy, if any:
(14) Regarding the acquisition of my land by the Government, for Public-Private projects and for Private companies for public purpose or for private purpose. I wish to state the following (please circle one of the below): I have read/readout the contents of this consent form and explained to me in _____________ language and I agree to this acquisition. OR I do not agree to this acquisition.
Signature/Thumb impression of the affected family(s) and Date 20-06-2014.
Date and Signature of designated district official receiving the signed form.
————
FORM III
[See rule 17 (1)]
Preliminary Notification
No. ______________
Dated: _________
Whereas it appears to the Collector that a total of ______ acres land is required in the ___________ Village____________ Mandal __________ District for public purpose, namely, _____________________ Social Impact Assessment Study was carried out by Social Impact Assessment Committee and a report submitted/ /preliminary investigation was conducted by a team constituted by District Collector as laid down under rule 4. The summary of the Social Impact Assessment Report/preliminary investigation is as follows (Attach copy of SIA report): ________________________________________________________________________
A total ___________ (No.) families are likely to be displaced due to the land acquisition. The reason necessitating such displacement is given below. _________________________________________________________________________ _______________ is appointed as Administrator for the purpose of rehabilitation and resettlement of the affected families. Therefore it is notified that for the above said project in the ____________________________ village of _______________ Mandal _________________ District a piece of land measuring, ________________ hectares viz., ___________ hectare of standard measurement, whose detail description is as following, is under acquisition:
Sr. No. Survey No. Type of Title Type of Land Area under Name & Address of Boundaries
Acquisition person interested N. S. E. W.
(in acre)
Trees Variety Number
Structures Type Plinth area
This notification is made under the provisions of Section-11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013), to all whom it may concern.
A plan of the land may be inspected in the office of the District Collector and ———————— on any working day during the working hours.
The Government is pleased to authorize Officer _____________ and his staff ____________ to enter upon and survey land, take levels of any land, dig or bore into the sub-soil and do all other acts required for the proper execution of their work as provided and specified in section 12 of the said Act.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019Under section 11(4) of the Act, no person shall make any transaction or cause any transaction of land i.e. sale/purchase, etc., or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector.
Objections to the acquisition, if any, may be filed by the person interested within 60 (sixty days) from the date of publication of this notification as provided under section 15 of the Act before District Collector.
Since the land is urgently required for the project falling within the purview of section 40(2) and the same has approval of the parliament, it has been decided not to carry out the Social Impact Assessment Study, vide G.O.No._________,_________, dated ________ (Strike if not applicable).
Encl: As above.
Place: Date:
District Collector
————
FORM IV
[See rule 19 (1)]
Sr. No. Name of the Claimant/ Permanent Address Entitlements Remarks /family head
(See section 31, 41 and Second
Schedule of the Act)
1. Land up to one acre for agricultural,
horticultural, cattle grazing field per family shall be provided.
2. Provision of dwelling housing unit per family, drinking water facility toilet etc.
3. One time financial assistance of One lakh fifty thousand rupees per family shall be given.
4. For landless laborers employment shall be provided under MNREGA or/and any other job providing scheme of the Government.
5. Skill development through different training programs for the youth of affected family.
6. Subsistence grant for displaced
family allowance equivalent to Rupees Three thousand per month for a year from the date of award.
7. For cattle shed and petty shop mini-
mum Rupees twenty five thousand.
(a) Details of Land rights due, but not settled:
(b) Details of actions for restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive.
(c) Programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019FORM V
[See rule 21 (1)]
Declaration by Government
No. _________________
Dated: ________________
Whereas it appears to the Government that a total of _____________ acres land is required in the Village__________ Mandal _____________ District _____________ for public purpose, namely, ______________________________
Therefore declaration is made that a piece of land measuring, ……………..acres viz;… hectares of standard measurement under acquisition for the above said project in the Village ………………….. Mandal ………………… District .............................. whose detailed description is as following:–
Sl. No. Survey No. Type of Title Type of Land Area under Name & Address of Boundaries
Acquisition person interested N.S.E.W. (in hectare)
Trees
Variety Number
Structures
Type Plinth area
This declaration is made after hearing of objections of persons interested and due enquiry as provided u/s 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013). The number of families likely to be resettled due to Land Acquisition is ____________________ for whom Resettlement area has been identified, whose brief description is as following:-
Village _________ Mandal _________ District ___________ Area __________(in acres).
Mines of coal, iron-stone, slate or other minerals lying under the said land or any particular portion of the said land, except such parts of the mines and minerals which may be required to be dug or removed or used during the construction phase of the project for the purpose of which the land is being acquired, are not needed.
A plan of the land may be inspected in the office of the office of the Land Acquisition Officer & on any working day.
A summary of the rehabilitation and Resettlement Scheme is appended.
Encl: As above.
Secretary Revenue
————
FORM VI
(See rule 23)
Land Acquisition Award
Land Acquisition Case No.
Name of the Project –
Number and date of declaration under which the land is to be acquired.
Situation and extent of the land in hectares, the number of field plots on the survey map, the village in which situated with the number of mile plan if any.
Description of the land, i.e., whether fallow, cultivated, homestead, etc. If cultivated, how cultivated?
Source of irrigation.
Names of persons interested in the land and the nature of their respective interests.
Amount allowed for the land itself, without trees, buildings etc., if any
Amount allowed out of such sum as compensation for the tenants interest in the land.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 2019Basis of calculation:
Amount allowed for trees, house or any other immovable property Amount allowed for crops.
Additional compensation on the market value under section 30(3).
Damages under section 28 of Act 30 of 2013.
Solatium u/s 30(1).
Award under section 23 and 30 of Act 30 of 2013.
Particulars of abatement of Government Revenue, or of the capitalized value paid, the date from which
the abatement takes effect.
Apportionment of the Serial No. Name of Amount payable Bank A/c No. Remarks
amount of compensation claimants to each
Area (in hectares)
Date on which possession was taken u/s. 38(1) & 40(1) of Act of 30/2013.
If u/section 40(1) the number and date of the order of Government giving authority to do so.
Date:
Signature
————
FORM VII
(See rule 24)
Rehabilitation and Resettlement Award
Land Acquisition Case No.
1. Name of the Project– 2. Number and date of declaration under which the land is to be acquired. 3. Situation and extent of the land in acres, the number of field plots on the survey map, the village in
which situated with the number of mile plan if any.
4. Description of the housing units, transportation cost, housing allowances, annuity, employment
subsistence grant, cattle shed, petty shop, one time resettlement allowances etc.
5. Name/Names of persons interested in the land and the nature of their respective claim for rehabilitation
and resettlement.
e
y 6. Apportionment Sl. No. Name of R & R entitlements Banks A/c.
l
r t
a
t
s k of the amount claimants/
No.
n e
r
a
m of compensation /affected
e
e n o
b a y a p
m
t
m Area (in hectares). family
l t i t
e R
n e
n u o
h c a e
n o N
o
m A t
(i) House to be allotted (ii) Land to be allotted (iii) Fishing rights (iv) Annuity (v) Employment transportation cost,
Housing allowances
(vi) Annuity (vii) Employment (viii) Subsistence grant (ix) Cattle shed, petty shop (x) One time resettlement allowances (xi) One time resettlement allowances.
7. Date on which R & R entitlement given to the affected family. 8. Basis of calculation.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 28TH FEBRUARY, 20199. Amount allowed for trees, houses or any other immovable things. 10. Amount allowed for crops. 11. Additional compensation on the market value under section 30(3). 12. Damages under section 28 of Act 30 of 2013. 13. Solatium u/s 30(1). 14. Award under section 23 and 30 of Act 30 of 2013. 15. Particulars of abatement of Government Revenue, or of the capitalized value paid, the date from which the abatement takes effect.
Apportionment of the Serial No. Name of Amount Bank A/c. No. Remarks amount of compensation Claimants payable to each
Area (in hectares)
16. Date on which possession was taken u/section 38(1) & 40(1) of Act of 30/2013.
If U/section 40(1), the number and date of the order of Government giving authority to do so.
Date:
Signature
———ttt———
Department of Tribal Welfare
Directorate of Tribal Welfare
Corrigendum
DTW/ADMN/GSSTFDCL/171/2018-19/LA/8324
Read: Government Notification No. DTW/ADMN/GSSSTFDCL/171/2018-19/LA/6911 dated 20-12-2018 published in the Official Gazette, Series I No. 39, dated 27-12-2018.
In the Notification referred above, at Clause No. 6, Sanctioning Authority: The Chairman of the Corporation along with any one of the Director may be read as:–
The Chairman of the Corporation along with any two of the Directors.
All other contents of above mentioned Notification remains unchanged.
By order and in the name of the Governor of Goa.
Venancio Furtado, Director & ex officio Joint Secretary (Tribal Welfare).
Panaji, 19th February, 2019.
———ttt———
Department of Printing & Stationery
Note
In Official Gazette, Series I No. 46 dated 14th February, 2019 at page 2647 under Department of Public Health, Notification No. 23/20/2014-I/PHD/Part III/426 in section 2 for sub-heading "17A–Appeal against decision of the Health Officer." in second line for the words "Public Officer", may be corrected to read as "Health Officer".
All other matter of the Notification remains the same.
Since, its printing error, Department of Printing & Stationery acknowledges and apologize for the same.
Publication Division.
www.goaprintingpress.gov.in
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