3113
Panaji, 28th February, 2019 (Phalguna 9, 1940)
SERIES I No. 48
Reg. No. G-2/RNP/GOA/32/2018-20
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
GOVERNMENT OF GOA
Department of 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.
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
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 48
28TH FEBRUARY, 2019
3114
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.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 48
28TH FEBRUARY, 2019
3115
Now therefore, all the employers, contractors, users and other concerned persons are hereby directed to use the format annexed
as Annexure A for filling the return in respect of Acts and Rules shown in Annexure B.
To ensure the compliance on the above line, the Government shall also undertake the task of amending the State Rules or issuing
notifications under the relevant Acts and Rules as the case may be.
This superceeds earlier Circular No. 24/43/2018-LAB/17 dated 02-01-2019.
By order and in the name of the Governor of Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 28th January, 2019.
—————
ANNEXURE A
ANNUAL RETURNS
(I) Annual Returns for the year: ................
A.
General Part:
(1)
Name and address of the Establishment/Factory/Motor Transport Undertaking:
(2)
Telephone No:
Fax No:
Mobile No:
Email ID:
(3)
Category of Establishment:
(4)
Factory Identification Number:
(5)
Name and Address of the Employer/Principal Employer/Contractor:
(6)
Name and Address of the manager or person responsible for the supervision and control of the Establishment:
B. Employers Registration/License number under the Acts mentioned in Column (5) of the table below:–
Sr. No.
Name of the Act
Registration
If Yes (Regsitration/Licence No.)
1.
Goa, Daman and Diu Shops and Establishment Act,
1973 and the Rules, 1975
2.
Minimum Wages Act, 1948 and the Rules, 1975
3.
Payment of Wages Act, 1936 and the Rules, 1964
4.
Payment of Bonus Act, 1965 and the Rules, 1965
OFFICIAL GAZETTE — GOVT. OF GOA
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3116
5.
Contract Labour (Regulation & Abolition) Act, 1970
and the Rules, 1972.
6.
Inter-State Migrant Workmen (Regulation of
Employment and Condition of Service) Act, 1979 and the Rules, 1982
7.
Building and other Construction Workers (Regulation
of Employment & Conditions of Service) Act, 1996
and the Rules, 2008
8.
Motor Transport Workers Act, 1961 and the Rules, 1966
9.
Maternity Benefit Act, 1961 and the Rules, 1967
10. Industrial Disputes Act, 1947 and the Rules, 1957
C. Details of Workmen Employed:
1. Normal Working Hours: From________ to:________
2. Rest Interval Hours: From___________ to:________
3. Day of weekly holiday (Tick ✓
): (Monday/Tuesday/Wednesday/Thursday/Friday/Saturday/Sunday).
Direct Contract Contract
Inter-
BOCWA
Male
Female
Adolescent Total
(Roll of
(Through
State
Establishment) contractor)
1. Total Number of
days worked
during the year
2. Total Number of
Man-days
worked during
the year
3. Maximum number of
workers employed in
any day during the
year
4. Average number of
workers employed
daily
OFFICIAL GAZETTE — GOVT. OF GOA
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3117
5. Number of workers
entitled for
annual leave
6. Number of works
who were granted
annual leave
D. Wages paid during the year (Category Wise):
Numbers of Workers Employed
Category Rates of
Regular/Direct Workers
Contract
Wages
Male
Female
Adolescent
Total
Male
Female
Adolescent Total
Highly
Skilled
Skilled
Clerical
Semi-skilled
Un-skilled
Total
E. Details of Wage Payments:
Gross Wages Paid
Deductions
Net Wages Paid
In
By
Overtime
Any other
Total
Fines
Deductions
Other
Total
In cash
By
Total
cash
Bank
emoluments
for damage
deductions
Bank
paid
or loss
(if, any)
F. Details of Various Welfare Amenities provided to workers under the statutory scheme:
Sr.
Details of Welfare Amenities
If Yes
If Not
Number of
Standards
No.
provide (If the answer is “Yes”
Provided
Provided
Workers
Provided
state briefly standards provided)
(Tick ✓)
(Tick x)
1.
Casual Leave Granted
OFFICIAL GAZETTE — GOVT. OF GOA
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28TH FEBRUARY, 2019
3118
2.
Leave with wages or
paid in lieu of leave
3.
Canteen Facility
4.
Rest Rooms
5.
Drinking Water
6.
Creches
7.
First Aid
8.
Ambulance Facility
9.
Residential Accommodation
10.
Toilet
11.
Clothing
12.
Safety Measures/Equipments/
/Personnel Protective’s
13.
Any other facility provided
(Please specify)
(II)
A. Contract Labour (Regulation & Abolition) Act, 1970 and the Rules, 1972
1.
Nature of work on which contract labour
was employed
2.
Duration of contract (specify period From & To)
3.
Rate of overtime wages.
4.
Number of man hours of overtime worked during
the year
5.
Amount of Security Deposits made by the
contractors (give contract-wise)
6.
Amount of security deposit forfeited together
with the names of contractor if any.
7.
Whether there is any change in the management
of the establishment, its location, or any other
particulars furnished to registering officer, in the
form of Application for Registration at the time of
Registration, if so, from what date.
B. The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 and the Rules, 1982.
OFFICIAL GAZETTE — GOVT. OF GOA
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28TH FEBRUARY, 2019
3119
Sr. No.
Particulars
Specify Details
Male
Female
Adolescent
Total
1.
Nature of work/operations on which
Migrant Workmen was employed
2.
Duration of contract (specify period From & To)
3.
Number of contractors who worked in
the establishment during the year
4.
Number of man-hours of overtime worked
5.
Amount of deductions from wages if any
6.
Amount of displacement allowance paid
7.
Amount of outwards journey
allowance paid
8.
Amount of wages for outward
journeys period paid
9.
Amount of return journeys
allowance paid
10. Amount of wages for return
journeys period paid
11. Whether there is any change in
the management of the
establishment, its location, or any
other particulars furnished to
registering officer, in the form of
Application for Registration at the
time of Registration, if so, from
what date.
C. The Building and other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 and the Rules, 2008.
1.
Nature of building and other construction work carried on
2.
Number of building workers ordinarily employed.
3.
The number of accident that took place during the year as under:
(i) The total number of accidents.
(ii) The number of accidents resulting in disablement.
of building workers for less than 48 hours, the number of
building workers involved and the number of man-days lost
(iii) The number of accidents resulting in disablement of building
workers beyond 48 hours, but not resulting in any permanent
partial or permanent total disablement, the number of building
workers involved, and the number of man-days lost on account
of such accidents.
OFFICIAL GAZETTE — GOVT. OF GOA
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28TH FEBRUARY, 2019
3120
(iv)
The number of accidents resulting in permanent
partial or total disablement the number of building
workers involved and the number of man-days
lost on account of such accidents.
(v)
The number of accidents resulting in deaths of
building workers and the number of resultant
death.
4.
Change, if any in the management of the
establishment, its location, or any other particular
furnished to the Registering officer in the
application for Registration indicating also the dates.
D. Payment of Bonus Act, 1965 and the Rules, 1975
Sr. No.
Details
If Yes Provided (Tick ✓)
If Not Provided (Tick x)
Specify Details
1.
Number of employees benefited by bonus
Payments
2.
Total amount payable as bonus (fig. in Rs.)
Rs.
3.
Settlement if any, reached
4.
Percentage of bonus declared to be paid
@
%
5.
Total amount of bonus actually paid
Rs.
6.
Date on which payment made
7.
Whether bonus has been paid to all the
employees, if not, reasons for non-payment
Remarks
E. Maternity Benefit Act, 1961 and the Rules, 1967
Sr. No.
Details
If Yes Provided (Tick ✓)
If Not Provided (Tick x)
Specify Details
A. 1.
Date of opening of establishment
2.
Date of Closing, if Closed
3.
Name of the Medical Officer
4.
Qualification of the Medical Officer
5.
Is he a resident at
6.
If a part-time employee, how often does
he pay visit to the establishment?
7.
Is there any hospital
8.
If so, how many beds are provided for
women employees?
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3121
9.
Is there a lady doctor?
10.
If so, what are her qualification?
11.
Is there a qualified midwife?
12.
Has any creche been provide?
B.
Employment, dismissal, payment of
bonus, etc. for women
1.
Name of the Employment
2.
Aggregate number of women
permanently or temporarily employed
during the year
3.
Number of women who worked for a
period of not less than one hundred and
sixty days in the twelve months
immediately preceding the date of delivery.
4.
Number of women who gave notice
under section 6
5.
Number of women who were granted
permission to absent on receipt of notice
of confinement
6.
Number of claims for maternity benefit paid
7.
Number of claims for maternity benefit
rejected
8.
Number of cases where prenatal confinement
and postnatal care was provided by the
management free of charge (section 8)
9.
Number of claims for medical bonus
Paid (section 8)
10.
Number of claims for medical bonus
rejected.
11.
Number of cases in which leave for
miscarriage was granted.
12.
Number of cases in which leave for
miscarriage was applied for but was
rejected.
13.
Number of cases in which leave for
tubectomy operation under Section 9-A
was granted.
14.
Number of cases in which leave for
tubectomy operation was applied for but
was rejected.
OFFICIAL GAZETTE — GOVT. OF GOA
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3122
15.
Number of cases in which additional
leave for illness under section 10 was
granted.
16.
Number of cases in which additional
leave for illness under section 10 was
applied for but was rejected.
17.
Number of women who died
(a) Before delivery
(b) After delivery
18.
Number of cases in which payment was
made to persons other than the women
concerned.
19.
Number of women discharged or
dismissed while working
20.
Number of women deprived of maternity
benefit and/or medical bonus under
proviso to sub-section (2) of section 12.
21.
Number of cases in which payment was
made on the order of the Competent
Authority or Inspector.
C.
Details of payment
1.
Name of the person to whom paid
2.
Amount paid
3.
Date of payment
4.
Woman employee
5.
Nominee of the woman
6.
Legal representative of the woman
7.
Amount for the period preceding date of
expected delivery.
8.
Amount for the subsequent period
9.
Under section 8 of the Act.
10.
Under section 9 of the Act.
11.
Under section 9-A of the Act.
12.
Under section 10 of the Act.
13.
Number of women workers who
absconded after receiving the first
installment of maternity benefit
OFFICIAL GAZETTE — GOVT. OF GOA
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3123
14.
Cases where claims were contested in a
court of law.
15.
Results of such cases
D.
Prosecution for the year
1.
Total number of prosecutions for the
year
2.
Place of employment of the woman
employee
3.
Number of cases instituted
4.
Number of cases which resulted in
conviction
E.
Remarks, if any please specify details
F. Industrial Disputes Act, 1947 and the (Central) Rules, 1957
Sr. No. Details
If Yes
If Not
Specify Details
Provided
Provided
(Tick ✓)
(Tick x)
A. 1
Names of Union, if any?
2.
Affiliations of the union(s) to the
Central Organization of workers
3.
If the works committee has been
functioning
(a) Date of its constitution
(b) Number of workmen’s
representative (elected members).
(c) Number of employer’s
representative (nominated members)
(d) Number of meetings held during
the year with dates.
4.
If the Works Committee had not
been functioning, the difficulties
encountered in its constitution/
functioning.
5.
Number of workers
(a) Discharge
(b) Dismissed
OFFICIAL GAZETTE — GOVT. OF GOA
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28TH FEBRUARY, 2019
3124
(c) Retrenched
(d) Terminated/Removed
B.
Man-days lost during the year on
account of:
1.
Strike
(a) No. of man-days lost:
(b) Loss in term of money:
2.
Lockout
(a) No. of man-days lost:
(b) Loss in term of money:
3.
Fatal Accidents:
(a) No. of man-days lost:
(b) Loss in term of money:
4.
Non-Fatal accidents/serious accidents in Mines:
(a) No. of man-days lost:
(b) Loss in term of money:
G. Motor Transport Workers Act, 1961 and the Rules, 1966
Sr. No.
Details
Adults
Adolescents
Total
Specify Details
1.
The number of workers exempted
from the provisions of sections
2.
Number of workers who are entitled
to annual leave with wages during
the calendar year to which this return
relates.
3.
Number of workers who were granted
leave during the year.
4.
Number of workers discharge or
dismissed from service during the
year.
5.
Number of discharged workers paid
wages in lieu of leave
6.
Total amount of wages paid in lieu of
leave
7.
Number of workers exempted from
section 19
8.
Number of workers who received
OFFICIAL GAZETTE — GOVT. OF GOA
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3125
holidays in the
(a) Same month
(b) Following month
(c) Third month
9.
Number of dispensaries and situations
10.
Number of doctors
11.
Number of nurses
12.
Approximately average daily
attendance of workers
H. Details of contribution to Labour Welfare Fund
No. of Employees
Contribution paid to Labour Welfare Board (Rs.)
Unpaid
Amount
Employees Contribution
Employer Contribution
Total Contribution
(if any)
Half Yearly
(1)
(2) (3) (4) (5)
DECLARATION
This is to certify that the above information is true and correct and also I certify that I have complied with all the provisions of Labour Laws
applicable to my establishment.
Place:________, North/South, Goa.
Digital Signature of the Employer/Manager:
Date: / /
Name of the Signatory:
Time: : hrs/am/pm.
Designation in the Establishment:
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 48
28TH FEBRUARY, 2019
3126
ANNEXURE B
Sr.
Acts and Rules
Single Integrated/
Maintenance of
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
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3127
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/-.
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28TH FEBRUARY, 2019
3128
For 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.
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3. 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.
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Department 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 draft 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
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3131
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
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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.
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
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”.
(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:–
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(a) build and continuously expand the
State Database of qualified Social Impact
Assessment Resource Partners and
Practitioners, which shall serve 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 support 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
Partners
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
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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 reports 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;
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(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 after 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.
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(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 report 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 Expert 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.
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12. 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.
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
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.
(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
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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.
(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.
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
Preliminary Notification for Land Acquisition
17. Publication of preliminary notification
in affected areas.— (1) The preliminary
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 mortgaged property
deeds;
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(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 undertake 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 draft
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;
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(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.
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25. 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 draft 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;
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(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
draft
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 draft
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 draft
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, after
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.
Thereafter, 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.
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32. 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 after every 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 Court 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).
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37. 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 -
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(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
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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.
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— 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
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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.
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Direct 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.
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Land 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
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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
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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:
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(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
Structures
Variety Number
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.
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Under 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.
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FORM 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.
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Basis 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.
6.
Apportionment
Sl. No.
Name of
R & R entitlements
Banks A/c.
of the amount
claimants/
No.
of compensation
/affected
Area (in hectares).
family
(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.
Amount payable
to each
Non monetary
entitlement
Remarks
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9.
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
Printed and Published by the Director, Printing & Stationery,
Government Printing Press,
Mahatma Gandhi Road, Panaji-Goa 403 001.
PRICE – Rs. 45.00
PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—371/160—2/2019.