1889

Panaji, 4th February, 2021 (Magha 15, 1942)

SERIES I No. 45

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

NOTES

There is an Extraordinary issue to the Official Gazette, Series I No. 44 dated 28-1-2021, namely:—

(1) Extraordinary dated 28-1-2021 from pages 1885 to 1887 from Department of Civil Aviation, Notification No. 121/

DOCA/MADA Rules/2018 regarding the Goa (Mopa Airport Development Authority) (First Amendment) Rules, 2021;

and Notification No. 5-7-2020-Fin (DMU) regarding Market Borrowing Programme from Department of Finance (Debt.

Management Division).

INDEX

Department

Order/Notification/Bill

Subject

Pages

1.a.Goa Legislature

Bill.- LA/LEGN/2021/1947

The Goa (Regulation of House Building

1890

Secretariat

Advance) Bill, 2021.

b. —do—

LA/LEGN/2021/1948

The Goa Lokayukta (Amendment) Bill, 2021.

1892

c. —do—

LA/LEGN/2021/1949

The Goa Staff Selection Commission

1896

(Amendment) Bill, 2021.

d. —do—

LA/LEGN/2021/1950

The Goa Municipalities (Amendment) Bill, 2021.

1898

e. —do—

LA/LEGN/2021/1951

The Goa Non-Biodegradable Garbage

1904

(Control) (Amendment) Bill, 2021.

f. —do—

LA/LEGN/2021/1957

The Goa Appropriation Bill, 2021.

1907

g. —do—

LA/LEGN/2021/1958

The Goa Fiscal Responsibility and Budget

1910

Management (Amendment) Bill, 2021.

h. —do—

LA/LEGN/2021/1959

The Goa Land Revenue Code (Amendment)

1911

Bill, 2021.

i. —do—

LA/LEGN/2021/1960

The Goa Regularisation of Unauthorized

1914

Construction (Amendment) Bill, 2021.

J. —do—

LA/LEGN/2021/1961

The Goa Motor Vehicles (Amendment) Bill, 2021.

1916

Home

Not.- 2/86/82-HD(G)/Part-II/272

Declaration of Mopa Airport Area as prohibited

1921

Under Secretary

place for the purposes of the Official Secrets

Act, 1923.

Industries

Not.- 3/02/2015-IND/64

Ease of Doing Business.

1921

Under Secretary

4.a. Law & Judiciary

Ord.- 14/05/2020-LD/Estt./182

Creation of posts.

1922

Under Secretary

b. —do—

Ord.- 14/07/2016-LD/Estt./183

Creation of posts.

1922

Personnel

Not.-1/3/88-PER (Pt. II)

R.R.— Department of Printing & Stationery.

1923

Under Secretary

Power

Ord.- CEE/Estt/Revival Execut.

Revival of post.

1925

Chief Elec. Engg. &

Engin./3500

ex off. Addl. Secy.

Revenue

Not.- 16/28/2016-RD/7711

Draft Rules— Goa Land Revenue (Record of

1925

Under Secretary

Rights and Register of Cultivators)

(Amendment) Rules, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1890

Goa Legislature Secretariat

LA/LEGN/2021/1947

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 27th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

________

The Goa (Regulation of House Building

Advance) Bill, 2021

(Bill No. 2 of 2021)

BILL

to regulate house building advance and to

cancel/abolish existing house building

advance scheme and for matters connected

and incidental thereto.

Be it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

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

Act may be called the Goa (Regulation of

House Building Advance) Act, 2021.

(2) It shall be deemed to have come into

force on the 15th day of May, 2020.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) ‘appointed date’ means the date on

which this Act came into force;

(b) ‘beneficiary’ means a Government

Servant who on the appointed date has

already been disbursed, either in part or

in full, the house building advance, the

repayment of which along with the interest

thereon is outstanding;

of Goa;

(d) “house building advance” means

house building advance admissible to

beneficiary under the House Building

Advance Rules/Scheme followed by the

Government;

(e) “sanctioning authority” means Head

of the respective Government Department,

who has sanctioned house building

advance to the beneficiary;

(f) ‘Drawing and Disbursing Officer’

means Head of Department/Head of office

or an Administrator and also any other

Gazetted Officer so designated by a

Department of the Government of Goa.

3. Cancellation/abolition of the House

Building Advance Scheme.— Notwith-

standing anything contained in any

judgment, decree or order of any court,

tribunal or other authority, or any law, rule,

regulation, bye-law, scheme, document,

contract or instrument to the contrary, the

house building advance admissible to

beneficiary shall stand cancelled/abolished

with effect from the appointed date.

4. Effect of the Abolition.— (1) Notwith-

standing anything contained in any

judgment, decree or order of any court,

tribunal or other authority, or any law, rule,

regulation, bye-law, scheme, document,

contract or instrument to the contrary, every

beneficiary shall be charged interest at the

prevailing bank rate on and from the

appointed date and the Government shall not

be liable to pay any amount whatsoever on

such House building advance:

Provided that every beneficiary shall be at

liberty to shift/transfer his loan account from

the Bank of India/HDFC to any other bank

financial institution of his choice within a

period of one year from the date of coming

into force of this Act.

(2) The Deed of mortgage or any other

charge or surety created or executed in

favour of the Government by the beneficiary

shall stand transferred in favour of the Bank

of India/HDFC (financial institution) with

effect from the appointed date.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1891

(3) The monthly installments payable by

the beneficiary to Bank of India/HDFC shall

continue to be deducted at source from the

salary of the beneficiary by the sanctioning

authority/Drawing and Disbursing Officer and

paid to Bank of India/HDFC.

(4) Save as provided hereinabove, on and

from the appointed date the Government shall

not be liable or responsible, in any manner,

in respect of the payment of the monthly

installment by the beneficiary.

(5) Notwithstanding anything to the

contrary contained in any other law for the

time being in force, the Government shall not

be liable to pay the beneficiary any amount

or compensation of whatsoever nature for any

loss, financial dues, hardship, damage, etc.,

if any, incurred or experienced by the

beneficiary on account of cancellation/

abolition of the House Building Advance

Scheme.

(6) All Applications pending consideration

under the House Building Advance Scheme

shall stand rejected with effect from the

appointed date.

5. Protection of action taken pursuant to

circular.— The Circular bearing No. 7/26/

2020-Fin(DMU)/1158 dated 3rd June, 2020

issued

the

Finance

Department,

Government of Goa, shall have effect from

the appointed date and all action taken

pursuant to the said circular shall be deemed

to be valid and proper.

6. Resumption of the House Building

Advance Scheme.— The Government may, at

any point of time, by notification in the Official

Gazette, resume the cancelled House Building

Advance Scheme under this Act or frame

new House Building Advance Scheme on such

terms and conditions as it deems fit:

Provided that, the power to resume or

frame a new House Building Advance

Scheme, shall also include the power to

withdraw such Scheme at any point of time,

depending upon the financial exigencies of

the Government.

7. Bar on institution of legal proceedings.—

No suit, prosecution or other legal

proceedings shall be maintained against the

Government or any of its Officers or persons

duly appointed or authorised by it in respect

of any action or any order or direction issued

or taken or purported to be issued or taken

under the provisions of this Act including on

the directions/executive Instructions issued

under the Circular bearing No. 7/26/2020-

Fin(DMU)/1158 dated 3rd June, 2020.

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

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by a general or special order, make such

provisions not inconsistent with the

provisions of this Act, as may appear to it to

be necessary or expedient for the purpose of

removing the difficulty:

Provided that, no such order shall be made

after the expiry of the period of two years

from the commencement of this Act.

9. Repeal and saving.— (1) The Goa

(Regulation of House Building Advance)

Ordinance, 2020 (Ordinance No. 10 of 2020)

is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the

Ordinance, shall be deemed to have been

done or taken under this Act at the relevant

time.

Statement of Objects and Reasons

The Government of Goa for welfare and

betterment of the State Government

employees had initiated House Building

Advance Rules/Scheme vide Order No. 3/7/

/79-Fin(Exp)

dated

12-12-1988.

The

Government of Goa had enhanced maximum

ceiling limit of house building advance from

time to time for the Government employees

of this State and vide Office Memorandum

No. 8/3/2013 Fin (R & C) (Part-I) dated

26-08-2014 current ceiling limit is fixed at

Rs. 36.00 lakhs and quantum to be admissible

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1892

to employee is dependent upon length of

service left and repaying capacity of such

Government employee at concessional rate

of 2% per annum. The difference between the

rate charged by the Bank and the interest

rate payable by Government employee was

borne by the Government. Hence, the

Government had to bear the entire difference

between interest at prevailing bank rate

and interest at subsidized rate i.e

approximately Rs. 19.70 crores per year for

1955 beneficiaries.

The State Government has implemented

Scales under VIIth Pay Commission

Recommendations

with

effect

from

01-01-2016 which are much higher than the

scales existing under Vth Pay Commission

Recommendations.

There

has

been

tremendous pressure on the State finances

due to the COVID-19 pandemic in the year

2020 necessitating reduction in committed

Government expenditure.

The Hon’ble Governor of Goa had

promulgated the Goa (Regulation of House

Building Advance) Ordinance, 2020 so as to

do away with House Building Advance

Scheme/Rules applicable to Government

employees and benefits thereunder with effect

from 15th day of May, 2020.

This Bill seeks to repeal the Goa

(Regulation of House Building Advance)

Ordinance, 2020 promulgated by the

Governor of Goa on 12th day of September,

2020.

This Bill seeks to achieve above objects.

Financial Memorandum

While extending House Building Advance

at concessional rate of interest of 2% the

Government had to bear the entire difference

between prevailing Bank rate of interest and

the subsidized rate of interest i.e approximate

amount of which is Rs. 19.70 crores per year

were to be borne by the State Government

for 1955 beneficiaries of the State/Grant-in-

aid. The same will no longer be borne by

State Government.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim-Goa

Dr. PRAMOD SAWANT

13-01-2021

Chief Minister/

/Minister for Finance

Assembly Hall

NAMRATA ULMAN

Porvorim-Goa

Secretary to the

13-01-2021

Legislative Assembly of Goa

________

LA/LEGN/2021/1948

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 27th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

________

The Goa Lokayukta (Amendment) Bill,

2021

(Bill No. 5 of 2021)

BILL

further to amend the Goa Lokayukta Act,

2011 (Goa Act 3 of 2012).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

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

Act may be called the Goa Lokayukta

(Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

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

2012) [hereinafter referred to as the

(“principal Act”)]—

(i) in clause (b)—

(a) in item (i), the expression

“nepotism or lack of integrity” shall be

omitted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1893

(b) in item (ii), the words “or improper

or corrupt motive” shall be omitted.

be substituted, namely:—

“has abused or misused his position

to obtain any gain or favour to himself

or to any other person or to his family

members, namely, spouse, children,

parents and siblings, mother-in-law,

father-in-law, brother-in-law, sister-in-

law and their respective spouses”.

(ii) in clause (i), for the word “mal-

administration” the words “a corrupt act”

shall be substituted;

(iii) clause (l) shall be omitted.

3. Amendment of section 3.— In section 3

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

following sub-section shall be substituted,

namely:—

“(2) A person to be appointed as the

Lokayukta shall be a person who has held

the office of a Judge of the Supreme Court,

or of a Judge of the High Court. A person

to be appointed as the Upa-Lokayukta shall

be a person of eminence in public life with

impeccable integrity and outstanding

ability having special knowledge and

expertise of not less than twenty years in

the matters relating to anti-corruption

policy or public administration, finance,

including insurance and banking or law or

management”.

4. Amendment of section 9.— In section 9

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

following sub-section shall be substituted,

namely:—

“(2) Notwithstanding anything contained

in sub- section (1) or any other provisions

of this Act, where any allegation of

corruption against any public functionary

comes to the knowledge or is brought to

the notice of the Government, it may, if

satisfied that it is necessary in public

interest so to do, by order in writing refer

such allegations of corruption to the

Lokayukta for investigation and the

Lokayukta, either himself or through the

Upa-Lokayukta shall investigate the same

as if it was a complaint presented under

this Act”.

5. Insertion of new section 10A.— After

section 10 of the principal Act, the following

section shall be inserted, namely:—

“10A. Statutory matters, etc.— Nothing

in this Act shall permit the Lokayukta or

Upa-Lokayukta to examine the correctness

of any Judgement or order passed by any

Court of Law, Tribunal, Statutory Authority

or Officer, under a Statute, or to decide any

issue, question or dispute which is required

to be settled, decided or adjudicated upon

by a competent Court or Authority created

under any statute.”

6. Amendment of section 13.— In section

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

following proviso shall be inserted, namely:—

“Provided that if prior sanction of any

authority is required under any law for the

time being in force for such investigation

then, such prior sanction shall be obtained

from such authority before initiation of such

investigation.”

7. Amendment of section 16.— In section

16 of the principal Act,—

(i) in sub-section (1), clause (b) shall be

omitted;

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

section shall be substituted, namely:—

“(2) The competent authority shall

examine the report forwarded to it under

sub-section (1), and within three months

of the date of receipt of the report,

intimate or cause to be intimated to the

Lokayukta or Upa Lokayukta, as the case

may be, the action taken or proposed to

be taken or the reasons for refusal to

take action, on the basis of the report.”

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

section shall be substituted, namely:—

“(3) If the Lokayukta or the Upa-

Lokayukta, as the case may be, is

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1894

satisfied with the action taken or

proposed to be taken or the reasons for

refusal to take action intimated to him

under sub-section (2) by the Competent

Authority, he shall close the case under

information to the complainant, if any,

the

public

functionary

and

the

competent authority, but where he is not

satisfied and if he considers that the case

so deserves, he may make a special

report upon the case to the Governor

and also inform the competent authority

concerned and the complainant, if any.”

8. Amendment of section 16A.— In section

16A of the principal Act-

(i) sub-section (3) and sub-section (4)

shall be omitted;

(ii) in sub-section (5) the words “or

deemed acceptance” shall be omitted.

9. Substitution of section 17.— For section

17 of the principal Act, the following section

shall be substituted, namely:—

17. Initiation of prosecution.— If, after

investigation into any complaint, the

Lokayukta or Upa-Lokayukta, as the case may

be, is satisfied that the public functionary has

committed a criminal offence and that he

should be prosecuted in a court of law for

such an offence, then the Lokayukta or Upa-

Lokayukta, as the case may be, may pass an

order directing the initiation of prosecution

against the public functionary concerned:

Provided that before implementation of the

direction for prosecution, prior sanction from

the Competent Authority shall be obtained

for such prosecution against the public

functionary:

Provided further that nothing in this section

shall be construed as enabling the Lokayukta

or Upa-Lokayukta to exercise powers under

sub-section (3) of section 156 of the Code of

Criminal Procedure, 1973 (Central Act 2 of

1974).

10. Omission of section 27.— Section 27 of

the principal Act shall be omitted.

Statement of Objects and Reasons

The Bill seeks to amend sections 2, 9, 10,

13, 16, 16A, 17 and 27 of the Goa Lokayukta

Act, 2011 (Goa Act 3 of 2012) with a view to

bring the Goa Lokayukta Act in line with the

provisions of the Constitution of India, the

Code of Criminal Procedure, 1973 and the

Prevention of Corruption Act, 1988 as

amended vide the Prevention of Corruption

(Amendment) Act, 2018.

The Bill also seeks to amend sub-section

(2) of section 3 of the Goa Lokayukta Act,

2011 (Goa Act 3 of 2012) so as to provide that

a person to be appointed as the Lokayukta

shall be a person who has held the office of

a Judge of the Supreme Court, or a retired

Judge of the High Court and to provide that

a person to be appointed as Upa-Lokayukta

shall be an eminent person who is of an

impeccable integrity and outstanding ability

having special knowledge and expertise of

not less than twenty years in the matters

relating to public administration or finance;

including insurance and banking or law or

anti-corruption policy or management, as

there is difficulty in obtaining the willingness

from eligible retired Supreme Court Judges

or retired High Court Chief Justices for

appointment as Goa Lokayukta.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is involved in this

Bill.

Porvorim-Goa

(DR. PRAMOD SAWANT)

Dated: 21-01-2021

Hon. Chief Minister/

Minister for Vigilance

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa,

Secretary to the Legislative

Dated: 21-01-2021

Assembly of Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1895

ANNEXURE

-----------------------------------------------------------------------------

Extract of sections 2, 3, 9, 10, 13, 16, 16A, 17

and 27 of the Goa Lokayukta Act, 2011

(Goa Act 3 of 2012).

-----------------------------------------------------------------------------

2. Definitions.—

2 (b) (i) is guilty of corruption, favouritism,

nepotism or lack of integrity;

2 (b) (ii) was actuated in the discharge of his

functions by personal interest or improper or

corrupt motive;

2 (b) (iii) has abused or misused his position

to obtain any gain or favour to himself or to any

other person or to cause loss or undue harm or

hardship to any other person;

2 (i) “grievance” means claim by any person

against public functionary, falling under clause (q)

(xi) of Section 2 of this Act, that he sustained

injustice or undue hardship in consequence of mal-

administration by such public functionary;

2 (l) “Mal-administration” means action taken

or purporting to have been taken in the exercise

of administrative functions in any case :-

(i) where such action or the administrative

procedure or practice governing such action is

unreasonable, unjust, oppressive or improper,

discriminatory; or

(ii) where there has been negligence or undue

delay in taking such action, or the administrative

procedure or practice governing such action

involves undue delay;

3. Appointment of Lokayukta or Upa-

Lokayukta.—

[(2) A person to be appointed as the Lokayukta

shall be a person who has held the office of a Judge

of the Supreme Court, or of a Chief Justice of the

High Court. A person to be appointed as the Upa-

Lokayukta shall be a person who has held the office

of a Judge of the High Court or is qualified to be

appointed as a Judge of the High Court.]

9. Matters which may be investigated by

Lokayukta or Upa-Lokayukta.—

(2) Notwithstanding anything contained in sub-

section (1) or any other provisions of this Act, where

any allegation of corruption against any public

functionary or any grievance of mal-administration

by any public functionary comes to the knowledge

or is brought to the notice of the Government, it

may, if satisfied that it is necessary in public interest

so to do, by order in writing refer such allegations

of corruption or grievance of mal-administration or

both to the Lokayukta for investigation and the

Lokayukta, either himself or through the Upa-

Lokayukta shall investigate the same as if it was a

compliant presented under this Act.

10. Matters not subject to investigation.—

(1) Except as hereinafter provided, the

Lokayukta shall not investigate:—

(i) any matter, in respect of which, a formal

and public inquiry has been ordered with the

prior concurrence of the Lokayukta;

(ii) any matter which has been referred for

inquiry, under the Commission of Inquiry Act,

1952 (Central Act 60 of 1952);

(iii) any complaint involving an allegation

of corruption made after the expiry of a period

of five years from the date on which the matter

or conduct complained against is alleged to

have taken place:

Provided that the Lokayukta or Upa-

Lokayukta, as the case may be, may entertain

a complaint made after the expiry of the period

specified in sub-clause (iii) above, if the

complainant shows sufficient cause for not

making the complaint within the said period:

Provided further that in respect of an

investigation of a complaint involving

allegations of corruption, once the complaint

is entertained and is being investigated,

nothing shall prevent the Lokayukta or Upa-

Lokayukta from investigating and enquiring

into acts of corruption which may pertain to

any period prior to the said period of five years.

13. Procedure in respect of detail investigation.—

(1) Where the Lokayukta or Upa-Lokayukta, after

making the preliminary inquiry under section 12;

finds that there are reasonable grounds for

conducting a detail investigation and proposes to

conduct such an investigation under this Act, he

shall forward a copy of the complaint, alongwith

it’s enclosures to the public functionary and the

competent authority concerned and proceed to

make a detailed investigation.

16. Reports of Lokayukta.—

(1) (b) If, after investigation of any complaint

involving a grievance, the Lokayukta or the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1896

Upa-Lokayukta, is satisfied that in consequence of

mal-administration by the public functionary, the

complainant has sustained injustice or undue

hardship, the Lokayukta or the Upa-Lokayukta, shall

by a report in writing recommend to the public

functionary and the competent authority

concerned, that such injustice or undue hardship

shall be remedied or redressed and as such report

shall be acted upon as far as possible within 60

days and a report shall be sent to the Lokayukta or

Upa-Lokayukta accordingly.

(2) The competent authority shall examine the

report forwarded to it under sub-section (1), and

within three months of the date of receipt of the

report, intimate or cause to be intimated to the

Lokayukta or Upa-Lokayukta, as the case may be,

the action taken or proposed to be taken, on the

basis of the report.

(3) If the Lokayukta or the Upa-Lokayukta, as the

case may be, is satisfied with the action taken or

proposed to be taken on his recommendation

referred to in clause (a) of sub-section (1), he shall

close the case under information to the

complainant, if any, the public functionary and the

competent authority concerned, but where he is

not satisfied and if he considers that the case so

deserves, he may make a special report upon the

case to the Governor and also inform the competent

authority concerned and the complainant, if any.

16A. Public functionary to vacate office.—

(3) If the declaration under sub-section (1) is not

rejected within such period of three months, it shall

be deemed to have been accepted by the

Competent Authority, on the expiry of the said

period of three months and the fact of such deemed

acceptance of declaration shall immediately be

intimated by the Lokayukta or the Upa-Lokayukta,

as the case may be, to the Competent Authority

and the public functionary concerned.

(4) If the declaration under sub-section (1) is in

respect of a Chief Minister or a Minister, accepted

or deemed to have been accepted by the Competent

Authority, he may resign from his office.

(5) With effect from the date of intimation of

acceptance or deemed acceptance of the

declaration, notwithstanding anything contained

in any law, order, notification, rule or contract of

appointment, the public functionary,—

17. Initiation of Prosecution.—

If, after investigation into any complaint, the

Lokayukta or Upa-Lokayukta, as the case may be, is

satisfied that the public functionary has committed

a criminal offence and that he should be prosecuted

in a court of law for such an offence, then he may

pass an order to the effect and the appropriate

authority shall initiate prosecution against the

public functionary concerned:

Provided that if prior sanction of any authority is

required under any law for the time being in force,

for such prosecution, then, such prior sanction shall

be obtained from such authority before initiation of

such prosecution.

27. Pendency of case not to bar proceeding under

this Act.—

The pendency of any civil or criminal case in the

High Court or any Court subordinate thereto in

respect of any allegation or grievance shall not bar

the scrutiny, investigation or enquiry of or into that

allegation under this Act, and no such scrutiny,

investigation or enquiry shall be deemed to amount

to contempt of such Court.

Provided that the Lokayukta or the Upa-

Lokayukta, as the case may be, shall refrain from

conducting further proceedings under this Act till

the final disposal of such pending civil or criminal

case in the High Court or any Court subordinate

thereto and all further proceedings under this Act

shall be subject to any order, judgement, directions,

etc; that may be passed by the High Court or such

subordinate court in such pending civil or criminal

case.

Porvorim-Goa

(DR. PRAMOD SAWANT)

Dated: 21-01-2021

Hon. Chief Minister/

Minister for Vigilance

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa,

Secretary to the Legislative

Dated: 21-01-2021

Assembly of Goa

________

LA/LEGN/2021/1949

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 27th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

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4TH FEBRUARY, 2021

1897

The Goa Staff Selection Commission

(Amendment) Bill, 2021

(Bill No. 8 of 2021)

BILL

further to amend the Goa Staff Selection

Commission Act, 2019 (Goa Act 11 of 2019).

BE it enacted by the Legislative Assembly

of Goa in the Seventy second Year of the

Republic of India as follows:—

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

Act may be called the Goa Staff Selection

Commission (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of section 7.— In section 7

of the Goa Staff Selection Commission Act,

2019 (Goa Act 11 of 2019) after sub-section

(7), the following sub-section shall be

inserted, namely:—

“(8) Notwithstanding anything contained

this

section,

the

Government

Departments may, after obtaining prior

approval from the Department of Personnel

of the Government, conduct examinations

for selecting candidates for appointment to

sub-ordinate services/posts for a period of

two years from the date of commencement

of the Goa Staff Selection Commission

(Amendment) Act, 2021.”.

Statement of Objects and Reasons

The Government has established Goa Staff

Selection Commission and framed the Goa

Staff Selection Commission Rules, 2020.

However, the work of finalizing the

regulations is under process. The Government

had banned recruitment in Government

Departments since 2016 and the Government

had deferred recruitment up to November,

2020, which has led to large scale vacancies

in Government Departments. Therefore, there

is a need to fill up the vacant posts on

priority to strengthen the administrative

machinery.

Considering the time required for finalizing

the regulations, putting in place the required

infrastructure for Staff Selection Commission

and the requirement of sending the staff

associated with the Commission for training

in conducting mass scale recruitment, use of

latest technology for transparent examination

process among other similar initiatives, the

recruitment

through

Staff

Selection

Commission will require some time.

In order to address the issue of shortage of

critical manpower in various Departments,

this Bill seeks to amend section 7 of the Goa

Staff Selection Commission Act, 2019 (Goa Act

11 of 2019) so as to make enabling provision

for the Government Departments to conduct

examinations and select candidates for

appointment to sub-ordinate services/posts

after obtaining prior approval from the

Department of Personnel, Government of Goa.

The said provision will remain in force for a

period of two years from the date of

commencement of the Goa Staff Selection

Commission (Amendment) Act, 2021.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim-Goa,

Dr. PRAMOD SAWANT

25th January, 2021.

Minister for Personnel/

/Chief Minister.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

25th January, 2021 Legislative Assembly of Goa.

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1898

ANNEXURE

----------------------------------------------------------------------------

Extract of Section 7 of the Goa Staff Selection

Commission Act, 2019

----------------------------------------------------------------------------

7. Duties and functions of the Commission.—

(1) Notwithstanding anything contained in any

other law for the time being in force the Commission

shall conduct examinations and select candidates

for appointment to the sub-ordinate services/posts.

(2) The Commission shall perform such other

functions and duties as the Government may, by

notification, specify.

(3) The Commission shall conduct departmental

examinations and advice the Government on such

other matters as may be referred to it by the

Government.

(4) Notwithstanding anything contained in any

law and rules, regulations or, bye-laws framed

thereunder and the condition of service, relating

to the sub-ordinate services/posts, the Commission

shall be the authority competent to conduct

examinations for appointments to such sub-

ordinate services/posts.

(5) On all matters relating to methods of

recruitment to, or any other matter relating to, the

sub-ordinate services/posts it shall be the duty of

the Commission to advise on any matters so referred

to by the Government Department.

(6) The Government may, however, make orders

specifying the matters in which either generally or

in any particular class of cases or in any particular

circumstances, it shall not be necessary for the

Commission to be consulted.

(7) In the case of any difference of opinion

between the Commission and the Government

Department, on any matter, the concerned

Government Department shall refer such matter to

the Government and the decision of the

Government thereon shall be final.

Governor’s Recommendation Under Article

207 of The Constitution of India

In pursuance of article 207 of the

Constitution of India, I, Bhagat Singh

Koshyari, the Governor of Goa hereby

recommend

the

introduction

and

consideration of the Goa Staff Selection

Commission (Amendment) Bill, 2021, by the

Legislative Assembly of Goa.

(BHAGAT SINGH KOSHYARI)

Governor of Goa

LA/LEGN/2021/1950

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 27th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

________

The Goa Municipalities (Amendment)

Bill, 2021

(Bill No. 9 of 2021)

Bill

further to amend the Goa Municipalities Act,

1968 (Act 7 of 1969).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

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

Act may be called the Goa Municipalities

(Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Municipalities Act, 1968 (Act 7 of

1969) (hereinafter referred to as the “principal

Act”), clause (55a) shall be re-numbered as

clause (55b) and before clause (55b) as re-

numbered, the following clause shall be

inserted, namely;-

“(55a) “Voters” means all the voters

whose names are entered in the list of

voters prepared and maintained under

section 11.”

3. Amendment of section 9.— In section 9

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

(a),-

(i) in item (i),-

(a) for the figures “15” and “3000”,

the figures “20” and “2,500” shall be

respectively substituted;

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1899

(b) for the word “population”, the

words “voters in the municipal area”

shall be substituted;

(ii) in item (ii),-

(a) for the figures “10” and “3,000”,

the figures “12” and “2,500” shall be

respectively substituted;

(b) for the word “population”, the

words “voters in the municipal area”

shall be substituted.

3. Amendment of section 10.— In section

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

following proviso shall be inserted, namely:-

“Provided that such order shall be issued

at least seven days before the date of

notification of the general election”.

4. Amendment of section 11.— In section

11 of the principal Act.-

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

“Goa

Daman

and

Diu

Legislative

Assembly”, the expression “Legislative

Assembly of the State of Goa”shall be

substituted;

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

month”, the words “ten days” shall be

substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 2 of the

Goa Municipalities Act, 1968 (Act 7 of 1969)

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

as to define the term “voters” for the purpose

of the said Act.

The Bill further seeks to amend section 9

of the said Act so as to ensure fair elections

with proper representation for the people

from all the wards in accordance with

updated list of voters in the municipal areas.

The Bill also seeks to amend section 10 of

the said Act so as to prescribe the time period

between the date of notification of

delimitation of wards and reservation of seats

and the date of notification of the general

election.

The Bill seeks to amend section 11 of the

said Act to replace the expression “ Goa

Daman and Diu Legislative Assembly” with

the expression “Legislative Assembly of the

State of Goa” in view of formation of the State

of Goa by virtue of enactment of The Goa,

Daman and Diu Reorganisation Act, 1987 (Act

No. 18 of 1987) and to provide the minimum

time period for keeping open the copies of

the list of voters of each ward for public

inspection at the municipal office and at such

other places in the municipal area as the

State Election Commission may fix.

This Bill seeks to achieve the above

objects.

Financial Memorandum

On account of increase in the number of

Councillors in five “B” Class Municipal areas,

there will be financial implications to the

extent of payment of honorarium to the

additional Councillors.

Memorandum Regarding Delegated

Legislation

No delegated legislation is involved in this

Bill.

Porvorim-Goa

(MILIND NAIK)

January, 2021

Minister for Urban

Development

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa

Secretary to the Legislative

January, 2021

Assembly of Goa

Governor’s Recommendation under article

207 of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Bhagat Singh Koshyari,

Governor of Goa, hereby recommend the

introduction and consideration of The Goa

Municipalities (Amendment) Bill, 2021 by the

Legislative Assembly of Goa.

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1900

ANNEXURE

----------------------------------------------------------------------------

Extracts of Section 2, 9, 10 and 11 of the Goa

Municipalities Act, 1968 (Act 7 of 1969)

----------------------------------------------------------------------------

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

otherwise requires,—

(1) “Administrative Tribunal” means the

Administrative Tribunal constituted under the Goa,

Administrative Tribunal Act, 1965;

(1A) “Appellate Tribunal” means as Appellate

Tribunal constituted under section 184 B.

(2) “appointed day”, in relation to an area, means

the date on which the relevant provisions of this

Act come into force in that area;

(3) “building” includes a house, out-house,

stable, shed, hut and other enclosure or structure,

whether of masonry, bricks, wood, mud, metal or

any other material whatever, whether used as a

human dwelling or otherwise, and also includes

verandahs, fixed platforms, plinths, door steps,

walls, (including coumpound walls) and fencing

and the like;

(4) “bye-law” means a bye-law made or deemed

to be made by the Council under this Act;

(5) “Cess-pool” includes a tank for the reception

or disposal of foul matter from buildings;

(5a) “Chairperson” and “Vice-Chairperson”

means Chairperson and Vice-Chairperson of the

Council as the case may be;

(6) “Chief Officer” means the person appointed

or deemed to be appointed under this Act to be the

Chief Officer of a municipal area;

(7) “Collector” means the Collector of North Goa

District and that of South Goa District and also

includes the Additional Collector of North Goa

District and South Goa District, respectively;

(8) “Council” means a Municipal Council

constituted or deemed to be constituted under this

Act for a municipal area;

(9) “Councillor” means a person who is duly

elected as a member of the Council;

(10) “dairy” includes any farm, cattle-shed, cow-

house, milk-store, milk-shop or other place from

which milk is supplied far sale, or in which milk is

kept for purposes of sale or manufactured into butter,

ghee, cheese, curds, dried, sterilized or condensed

or toned milk, but does not include—

(A) a shop or other place in which milk is sold

for consumption on the premises only, or

(B) a shop or other place from which milk is

sold or supplied in hermetically closed and

unopened receptacles in the same original

condition in which it was first received in such

shop or other place;

(10a) “Development Committee” means the

Development Committee constituted under section

322 B;

(11) “Director” means the person appointed by

the Government to be the Director of Urban

Development;

(11a) ‘District’ means a district in the State of

Goa;

(12) “drain” includes a sewer, tunnel, pipe, ditch,

gutter or channel and any cistern, flush-tank, septic

tank, or other device for carrying off or treating

sewage, offensive matter, polluted water, sullage,

waste water, rain water or sub-soil water and any

culvert, ventilation shaft or pipe or other appliance

or fitting connected therewith, and any ejectors,

compressed air mains, sealed sewage mains and

special machinery or apparatus for raising,

collecting, expelling or removing sewage or

offensive matter from any place;

(13) “eating house” means any premises to which

the public or any section of the public are admitted

and where any kind of food is prepared or supplied

for consumption on the premises or elsewhere for

the profit or gain of any person owning or having

an interest in or managing such premises;

(14) “election” means an election to a Council,

and includes a bye-election;

(15) “factory” means a factory as defined in the

Factories Act, 1948; LXIII of 1948.

(16) “filth” includes sewage, night-soil and all

offensive matter;

(17) “food” includes every article used as food or

drink for human consumption other than drugs or

water, and any article which ordinarily enters into

or is used in the composition or preparation of

human food, and also includes confectionary,

flavouring and coloring matters and spices and

condiments;

(18) “goods” includes animals;

(19) “Government” means the Government of

Goa 15;

(20) “house-drain” means any drain of, and used

for the drainage of, one or more buildings or

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1901

premises and made merely for the purpose of

communicating therefrom with a municipal drain;

(21) “house-gully” or “service passage,” means

a passage or strip of land constructed, set apart or

utilized for the purpose of serving as a drain or of

affording access to a privy, urinal, cesspool or other

receptacle for filthy or polluted matter, to servants

of the Council or to persons employed in the

cleansing thereof or in the removal of such matter

there from;

(22) “land” includes land which is being built

upon or is built upon or covered with water, benefits

to arise out of land, things attached to the earth or

permanently fastened to anything attached to the

earth and rights created by legislative enactment

over any street;

(23) “local authority” means a municipality or

village panchayat, as the case may be, constituted

under any law for the time being in force in the

State of Goa;

(24) “lodging house” means a building or part of

a building where lodging with or without board or

other service is provided for a monetary

consideration, and includes a lodging house for

pilgrims whether lodging is provided for or without

any monetary consideration;

(25) “market” includes any place where persons

assemble for the sale of, or for the purpose of

exposing for sale, live-stock or food for live-stock or

meat, fish, fruit, vegetables, drinks, animals intended

for human food or any other articles of human food

whatsoever with or without the consent of the

owner of such place, notwithstanding that there

may be no common regulation of the concourse of

buyers and sellers and whether or not any control

is exercised over the business of or the persons

frequenting the market by the owner of the place

or any other person;

(26) “milk” includes cream, skimmed milk,

separated milk and condensed, sterilized,

desiccated or toned milk;

(27) “municipal area” means any local area

declared or deemed to be declared as municipal

area by or under this Act;

(28) “municipal market” or “municipal slaughter-

house” means a market or a slaughter-house, as the

case may be, which belongs to or is maintained by

the Council;

(29) “nuisance” includes any act, omission, place

or thing which causes or is likely to cause injury,

danger, annoyance or offence to the sense of sight,

smell or hearing or which is or may be dangerous

to life or injurious to health or property;

(30) “occupier” includes—

(a) any person who for the time being is paying

or is liable to pay to the owner the rent or any

portion of the rent of the land or building in

respect of which such rent is paid or is payable,

(b) an owner living in or otherwise using his

land or building,

(d) a licensee in occupation of any land, or

building, and

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

owner damages for the use and occupation of

any land or building;

(31) “octroi” means a tax on the entry of goods

into a municipal area for consumption, use or sale

therein;

(32) “offensive matter” includes animal carcasses,

dung, dirt and putrid or putrifying substances other

than sewage;

(33) “officer or servant of the Council” means an

officer or servant appointed by the Government or

the Council or any other competent authority

subordinate to it, and includes any Government

Officer or servant, who is for the time being serving

under the, Council and the classification of posts of

officers or servants of Council as Group A, Group B,

Group C and Group D posts will have the meaning

as assigned by the Government for equivalent posts

in Government Departments;

(34) “official year” or “financial year” means the

year commencing on the first day of April;

(35) “owner” means,—

(a) when used with reference to any premises,

the person who receives the rent of the said

premises, or who would be entitled to receive

the rent thereof if the premises were let, and

includes —

(i) an agent or trustee who receives such

rent on account of the owner;

(ii) an agent or trustee who receives the

rent of, or is entrusted with or concerned for,

any premises devoted to religious for

charitable purposes;

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(iii) a receiver, sequestrator or manager

appointed by any Court of competent

jurisdiction to have the charge of, or to exercise

the rights of an owner of, the said premises;

and

(iv) a mortgagee-in-possession; and

(b) when used with reference to any animal,

vehicle or boat, includes the person for the time

being in charge of the animal, vehicle or boat;

(36) “population” means the population as

ascertained at the last preceding Census of which

the relevant figures have been published, but where

figures of Census are not available, the population

shall be ascertained from other relevant

authenticated records maintained by the

Government.

(37) “premises” includes messages, buildings and

lands of any tenure, whether open or enclosed,

whether built on or not and whether public or

private;

(38) “prescribed” means prescribed by rules;

(39) [ ]

(40) “private market” means a market which is

not a municipal market, but does not include a

market established for the purposes of any law for

the time being in force regulating the marketing of

agricultural and other produce in such markets;

(41) “private slaughter-house” means a slaughter-

house which is not a municipal slaughter-house;

(42) “private street” means a street which is not

a public street;

(43) “privy” means a place set apart for

defecating or urinating or both, together with the

structure comprising such place, the receptacle

therein for human excreta and the fittings and

apparatus, if any, connected therewith, and includes

a closet of the dry type, and aqua privy, a latrine

and a urinal;

(44) “public place” includes any public park or

garden or any ground to which the public have or

are permitted to have access;

(45) “public securities” means—

(a) securities of the Central Government and

of any State Government;

(b) securities, stocks, debentures or shares the

interest whereon has been guaranteed by the

Central or State Government;

issued by or on behalf of any local authority in

exercise of powers conferred by any enactment

for the time being in force in any part of the

territory of India; or

(d) securities expressly authorized by an order

which the Government makes in this behalf;

(46) “public street” means any street—

(a) over which the public have a right of way;

(b) heretofore levelled, paved, metalled,

channeled, sewered, or repaired out of municipal

or other public funds; or

becomes, or is declared, a public street;

(47) “rubbis” includes dust, ashes, broken bricks,

mortar, broken glass, garden or stable refuse and

refuse of any kind which is not offensive matter or

sewage;

(48) “Rules” means rules made by the

Government under this Act;

(49) “Scheduled Castes” means such castes,

races or tribes or parts of, or groups within, such

castes, races or tribes as are deemed to be

Scheduled Castes in relation to the State of Goa

under article 341 of the Constitution of India;

(50) “Scheduled Tribes” means such tribes or

tribal communities or parts of, or groups within,

such tribes or tribal communities, as are deemed to

be Scheduled Tribes in relation to the State of Goa

under article 342 of the Constitution of India;

(51) sewage” means night-soil and other contents

of water closets, latrines, privies, urinals, cesspools

or drains and polluted water from sinks, bath-rooms,

stables, cattlesheds and other like places, and

includes trade effluent and discharges from

manufactories of all kinds;

(51a) “State” means the State of Goa

(51b) ‘State Election Commission’ means the State

Election Commission constituted under the section

237 of the Goa Panchayat Raj Act, 1994 ( Goa Act

14 of 1994 ).

(52) “street” means any road, foot-way, square,

court-alley, or passage, accessible whether

permanently or temporarily to the public, whether

a thoroughfare or not; and shall include every vacant

space, notwithstanding that it may be private

property and partly or wholly obstructed by any

gate, post, chain or other barrier, if houses, shops or

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other buildings abut thereon and if it is used by

any persons as a means of access to or from any

public place or thoroughfare, whether such persons

be occupiers of such buildings or not, but shall not

include any part of such space which the occupier

of any such building has a right at all hours to

prevent all other persons from using as aforesaid;

(53) “total number of Councillors”, in relation to

a Council, means the total number of elected

councillors

(54) [ ]

(55) “vehicle” includes a carriage, cart, van, dray,

truck, hand-cart, bicycle, tricycle, motor-car, and

every wheeled conveyance which is used or is

capable of being used on a street;

(55a) “Ward” mean the territorial constituency

of the municipal area;

(56) “water closet” means a closet which has a

separate fixed receptacle connected to a drainage

system and separate provision for flushing from a

supply of clean water either by the operation of

mechanism or by automatic action;

(57) “water-connection” includes—

(a) any tank, cistern, hydrant, stand-pipe,

meter or tap situated on a private property and

connected with a water-main or pipe belonging

to the Council; and

(b) the water-pipe connecting such tank,

cistern, hydrant, stand-pipe, meter or tap with

such water-main or pipe;

“water work” includes a lake, stream, spring,

well, pump, reservoir, cistern, tank, duct, whether

covered or open, sluice, main-pipe, culvert,

engine, water truck, hydrant, stand-pipe, conduit,

and machinery, land, building or thing for

supplying or used for supplying water or for

protecting sources of water supply.

9. Composition of Councils.— (1) Save as

otherwise provided by this Act, every Council shall

consist of Councillors elected at ward elections;

Provided that—

(1) in every Council, no less than (1/3) seats

shall be reserved for women;

(2) in every Council, seat shall also be reserved

for Scheduled Caste, Scheduled Tribes and Other

Backward Class and for woman belonging to

Scheduled Caste, as the case may be, the

Scheduled Tribes and Other Backward Class as

provided in sub-section (2).

The Director shall from time to time by an order

published in the Official Gazette fix for each

municipal area—

(a) the number of elected Councillors in

accordance with the following table:

Class of Municipal

Number of elected

area

Councillors

(i) ‘A’ Class

The minimum number of

elected Councillors shall be 15,

and for every 3,000 of the

population or part thereof above

50,000 there shall be one

additional elected Councillor,

so, however, that the total

number of elected Councillors

shall not exceed 25;

(ii) ‘B’ Class

The minimum number of

elected Councillor shall be 10,

and for every 3,000 of the

population or part thereof above

10,000 there shall be one

additional elected Councillor,

so, however, that the total

number of elected Councillors

shall not exceed 20;

(iii) the figure in (i) and (ii) shall be odd, if possible

(iv) ‘C’ Class

The

number

elected

Councillors shall be 10.

(b) the number of seats, if any, to be reserved

for the Scheduled Castes or Scheduled Tribes so

that such number shall bear, as nearly as may

be, the same proportion to the number of elected

Councillors as the population of the Scheduled

Castes, or the Scheduled Tribes in the municipal

area bears to the total population of that area

and not less than one-third of such seats shall be

reserved for women and such seats shall be

allotted by rotation to different wards in the

Council.

(bb) the number of seats, if any, to be reserved

for persons belonging to the category of Other

Backward Classes so that such number shall be

twenty seven percent of the number of seats to

be filled in through election in the Council and

such seats shall be allotted by rotation to

different wards in the Council.

Chairperson in the Council for Scheduled Castes,

the Scheduled Tribes and women so that such

number will bear as nearly as may be, the same

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proportion to the number of elected Councillors

as the population of the scheduled Castes,

Scheduled Tribes in the municipal area bears to

the total population of that area and such seats

shall be allotted by rotation to different

constituencies in a Council.

The reservation of seats for Scheduled Castes

and Scheduled Tribes made by an order under sub-

section (2) shall cease to have effect when the

reservation of seats for those Castes and Tribes in

the House of the People ceases to have effect under

the Constitution of India:

Provided that nothing in this sub-section shall

render any person elected to any such reserved

seat ineligible to continue as a Councillor during

the term of office for which he was duly elected by

reason only of the fact that the reservation of seats

has so ceased to have effect.

(4) Every order under sub-section (2) shall take

effect for the purposes of the next general election

of the Council immediately following after the date

of the order.

(5) [ ]

10. Division of municipal area into wards and

reservation of wards for women, [Scheduled Castes,

Scheduled Tribes and Other Backward Class.—

(1) The Director shall from time to time by order

published in the Official Gazette, fix for each

municipal area the number and the extent of the

wards into which such area shall be divided. The

Director shall specify in the order the ward in which

a seat is reserved for women but in so doing he

shall ensure that such a seat its reserved from time

to time by rotation in different wards of the

municipal area. He shall by a like order specify the

wards in which seats are reserved for Scheduled

Castes, Scheduled Tribes or the Other Backward

Class, including the seats for offices of Chairperson

having regard to the concentration of population of

those Castes, or Tribes, or as the case may be, of

those class, in any particular wards.

(2) Each of the wards shall elect only one

Councillor.

(3) Every order issued under sub-section (1) shall

take effect for the purpose of the next general

election immediately following the date of such

order.

Nothing in this section shall be deemed to

prevent women or persons belonging to the

Scheduled Castes, Scheduled Tribes or Other

Backward Class for whom seats are reserved in any

Council, from standing for election and being

elected to any of the seats which are not reserved.

11. List of voters.— (1) The electoral roll of the

Goa, Daman and Diu Legislative Assembly prepared

under the provisions of the Representation of the

People Act, 1950, and for the time being in force on

such date as the State Election Commission may by

general or special order notify in this behalf (being

a date not earlier than one month from such

notification) for such constituency of the Assembly

or any part thereof as is included in the municipal

area, shall be divided into different sections

corresponding to the different wards in the

municipal area; and a printed copy of each section

of the roll so divided and authenticated by such

officer shall be the list of voters for each ward. The

ward lists shall collectively be deemed to be the

municipal voters‘ list.

(2) Such officer shall maintain the lists of voters

prepared under sub-section (1) and the lists so

maintained shall be deemed to be the authentic

lists for all elections under this Act.

(3) At least one month before the last date fixed

for nomination of candidates for every general

election, such officer shall keep open for public

inspection at the municipal office and at such other

places in the municipal area as the State Election

Commission may fix, copies of the list of voters of

each ward maintained under sub-section (2).

__________

LA/LEGN/2021/1951

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 27th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

________

The Goa Non-Biodegradable Garbage

(Control) (Amendment) Bill, 2021

(Bill No. 10 of 2021)

Bill

further to amend the Goa Non-Biodegradable

Garbage (Control) Act, 1996 (Goa Act 5 of

1997).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1905

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:-

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

Act may be called the Goa Non-Biodegradable

Garbage (Control) (Amendment) Act, 2021.

(2) It shall be deemed to have come into

force on the 9th day of October, 2020.

2. Amendment of section 2.— In section 2

of the Goa Non-Biodegradable Garbage

(Control) Act, 1996 (Goa Act 5 of 1997)

(hereinafter referred to as the “principal

Act”),—

(i) after clause (aa), the following clause

shall be inserted, namely:—

“(ab)

“consideration”

means

“consideration” as defined in clause (31)

of section 2 of the Goa Goods and

Services Tax Act, 2017 (Goa Act 4 of

2017);”

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

shall be inserted, namely:—

“(ga) “outward supply” means

“outward supply” as defined in clause

(83) of section 2 of the Goa Goods and

Service Tax Act, 2017 (Goa Act 4 of

2017);”.

3. Amendment of section 7.— In section 7

of the principal Act, in clause (i), for the

expression “two percent of “sale price” as

defined in clause (ad) of section 2 of the Goa

Value Added Tax Act, 2005 (Goa Act 9 of 2005)

of such items”, the expression “two percent

of consideration received on outward supply

of goods” shall be substituted.

4. Repeal and savings.— (1) The Goa Non-

-Biodegradable

Garbage

(Control)

(Amendment) Ordinance, 2020 (Ordinance

No. 11 of 2020) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance, shall

be deemed to have been done or taken under

the principal Act, as amended by this Act.

Statement of Objects and Reasons

The Bill seeks to amend sections 2 and 7 of

the Goa Non-Biodegradable Garbage (Control)

Act, 1996 (Goa Act 5 of 1997), so as to provide

for levy of cess at the rate not exceeding two

percent of consideration received on outward

supply of goods. This amendment was

needed in view of enactment of the Goa

Goods and Services Tax Act, 2017 (Goa Act 4

of 2017) in the State of Goa.

The Bill also seeks to repeal the Goa

Non-Biodegradable

Garbage

(Control)

(Amendment) Ordinance, 2020 (Ordinance

No. 11 of 2020) promulgated by the Governor

of Goa on 09-10-2020.

This Bill seeks to achieve the above

objects.

Financial Memorandum

No financial implications are involved in

this Bill. However, it may generate additional

revenue to the Government by way of

imposition of cess.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Governor’s Recommendation under article

207 of the Constitution of India

In pursuance of article 207 of the

Constitution of India, I, Bhagat Singh Koshyari,

Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Non-Biodegradable

Garbage

(Control)

(Amendment) Bill, 2021 by the Legislative

Assembly of Goa.

Porvorim, Goa

NILESH CABRAL

15-01-2021

Minister for Environment

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa

Secretary to the Legislative

15-01-2021

Assembly of Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1906

ANNEXURE

----------------------------------------------------------------------------

Extracts from The Goa Non-biodegradable

Garbage (Control) Act, 1996 (Goa Act 5 of

1997) with Amendments

----------------------------------------------------------------------------

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

otherwise requires,-

(a)“bio-degradable garbage” means the

garbage or waste materials capable of being

destroyed by the action of living beings;

(aa) “commercial establishment” means

an establishment used for commercial purposes,

such as, bars, shacks, restaurants, private offices,

fitness clubs, retail stores, banks, financial

institutions, supermarkets, auto and boat

dealerships, etc. and other such establishments;

(b) “house gully” means a passage or strip of

land constructed, set apart or utilised for the

purpose of serving as or carrying a drain or

affording access to the latrine, urinals, cesspool

or other receptacle for filth or other polluted

matter, by persons employed in the clearing

thereof in the removal of such matter therefrom;

(ba) “inert waste” means waste which is

neither chemically nor biologically reactive and

will not decompose;

Corporation, a Municipal Council)1, a Zilla

Panchayat or a Panchayat constituted, or

continued, under any law for the time being in

force;

(d) “market” includes any place where persons

assemble for exposing for sale, meat, fish, fruits,

vegetables, food or any other articles for human

use or consumption with or without the consent

of the owner of such place notwithstanding that

there may be no common regulation for the

concourse of the buyers and the sellers and

whether or not any control is exercised over the

business of or the person frequenting, the market

by the Owner of the place or by any other

persons;

(e) “non-biodegradable garbage” means the

waste garbage or material which is not bio-

degradable garbage and includes polyethylene,

nylon, and other plastic goods such as P.V.C.

polypropylene and polystyrene which are not

capable of being destroyed by an action of living

beings and are more specifically included in the

schedule to this Act;

(f) “occupier” includes :-

(i) any person who for the time being is

paying or is liable to pay to the owner the

rent or any portion of the rent of the land or

building in respect of which such rent is paid

or is payable;

(ii) an owner in occupation of or otherwise

using his land or building;

(iii) a rent free tenant of any land or

building;

(iv) any person who is liable to pay to the

owner damages for the use and occupation of

any land or building;(and)4

(v) any person who is in charge of any place

owned by the Central or State Government,

Government Company or Corporation, or any

place where exhibitions and other events are

organised;

(g) “Official Gazette” means the Official

Gazette of the Government;

(h) “owner” includes a person who for the

time being is receiving or is entitled to receive,

the rent of any land or building, whether or his

own account or on account of himself and others

or an agent, trustee, guardian or receiver for any

other or who should so receive the rent or be

entitled to receive it if the land or building or

part thereof were let to a tenant;

(i) “place” means any land or building or part

of a building and includes the garden, ground

and outhouses, if any, pertaining to a building or

part of a building;

(j) “place open to public view” includes any

private place, building, monument, fence or

balcony visible to a person being in, or passing

along, any public place;

(k) “prescribed” means prescribed by rules

made under this Act;

(l) “Public Analyst” means the person

appointed or recognised to be the Government

Analyst, in relation to any environmental

laboratory established or recogniscd in the State

under the provisions of the Environment

(Protection) Act, 1986 (Central Act 29 of 1986).

(m) “public place” means any place which is

open to use and enjoyment of the public whether

it is actually used or enjoyed by the public or not

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1907

and includes a road, street, market, house-gully

or way, whether a throughfare or not, and landing

place to which public are granted access or have

a right to resort or over which they have a right

to pass; and

(n) “State Government” means the

Government of Goa;

(o) “plastic” means material which contains

as an essential ingredient a high polymer such

as polyethylene (PE), polycarbonates (PC), high

density polyethylene, vinyl, low density

polyethylene, polypropylene, polystyrene (PS

Styrofoam/Thermocol) resins, multi-materials like

Acrylonitrile Butadiene Styrene (ABS),

Polyphenylene Oxide, Polycarbonate, Polyvinyl

Chloride,

Acetal,

Acrylic,

Cellulose

Acetate, Cellulose Acetate Butyrate, Nylon,

Polybutylene terephthalate and shall also include

Non Woven Polypropylene, Multilayered co

extruder Polyterephthalate (PT), Polyamindes,

Polymethylmethacrylate, Plastic microbeads.

(p) “plastic carry bags” means bags made from

plastic material or compostable plastic material,

with or without handles used for the purpose of

carrying or dispensing commodities but do not

include bags that constitute or form an integral

part of the packaging in which goods are sealed

prior to use;

(q) “Styrofoam” is a type of expanded

polystyrene used especially for making food

containers and packing materials.

7. Studies, research and support programme.—

The State Government may-

(a)undertake studies to determine the

composition of bio-degradable or non-

biodegradable garbage;

(b) establish measures to conduct or support

research or programmes to encourage source

reduction, re-use and recycling of waste;

the social and economic feasibility of household

and other solid waste separation schemes,

including studies of the type and amount of

recyclable materials in solid wastes;

(d) encourage local authorities in the State to

provide readily accessible solid waste collection

depots for residents who are not provided with

regular garbage pick-up;

(e) undertake and encourage, local authorities

and other persons to implement policies to

recycle waste materials, to promote energy

conservation and to purchase products made

from recyclable materials;

(f) conduct and support research on recycling

including information on operating recycling

business and market information on recyclables;

(g) conduct and support research on waste

management and recycling, for use in educating

the public, local authorities, institutions and

industry; and

(h) impose requirements on manufacturers,

distributors and other persons who produce or

handle commodities with respect to the type,

size, packaging, labelling and composition of

packaging that may or must be used and with

respect to the disposal of packaging including

standards for material degradability and

recyclability.

(i) levy a cess at such rates as may be

determined by the Government from time to time,

by notification in the Official Gazette but not

exceeding two percent of “sale price” as defined

in clause (ad) of section 2 of the Goa Value Added

Tax Act, 2005 (Goa Act 9 of 2005) of such items,

marketed in non-biodegradable packaging

material, including bottles and containers, as

may be mentioned in such notification, which

shall be utilized for implementation of solid waste

management schemes including segregation,

collection, safe disposal and re-cycling of non-

biodegradable waste material and also to

promote the sale and use of biodegradable

packaging material, bags and containers.

(j) specify by notification in the Official

Gazette the manner of assessment, levy and

collection of cess under clause (i).

__________

LA/LEGN/2021/1957

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1908

The Goa Appropriation Bill, 2021

(Bill No. 1 of 2021)

BILL

to authorise payment and appropriation of certain further sums

from and out of the Consolidated Fund of the State of Goa

for the services and purposes of the financial year 2020-21.

Be it enacted by the Legislative Assembly of Goa in the Seventy

Second Year of the Republic of India, as follows:—

1. Short title.— This Act may be called the Goa Appropria-

tion Act, 2021.

2. Issue of Rs. 774,47,65,000/- out of the Consolidated Fund

of the State of Goa for the financial year 2020-21.— From and

out of the Consolidated Fund of the State of Goa, there may be

paid and applied sums not exceeding those specified in column

(5) of the Schedule hereto amounting in the aggregate to the

sums of seven hundred seventy four crore, forty seven lakh sixty

five thousand rupees towards defraying the several charges

which will come in the course of payment during the financial

year 2020-21 in respect of the services and for purposes specified

in column (2) of the said Schedule.

3. Appropriation.— The sums authorised to be paid and

applied from and out of the Consolidated Fund of the State of

Goa under this Act, shall be appropriated for the services and

purposes expressed in the said Schedule to this Act in relation

to the said financial year.

SCHEDULE

(See sections 2 and 3)

(Rs in lakhs)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Services and purposes

Assembly Consolidated Fund

of the State of Goa

(1)

(2)

(3)

(4)

(5)

Legislature Secretariat

500.00

Raj Bhavan (Charged)

22.24

General Administration

150.00

and Coordination

Goa Public Service

100.00

Commission (Charged)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1909

(1)

(2)

(3)

(4)

(5)

Collectorate, South Goa

1710.00

Police

678.00

Public Works

0.03

557.76

557.79

Home Guards and Civil

380.00

Defence

Finance

10.00

Revenue

739.64

Goa Architecture College

100.00

Art and Culture

100.00

Goa Medical College

28050.00

Health Services

12764.80

Goa Dental College

242.00

Foods and Drugs

176.11

Administration

Municipal Administration

19224.20

Social Welfare

1000.00

Women and Child

5059.10

Development

Skill Development and

32.00

Entrepreneurship

Law

134.00

Agriculture

1705.35

Forests

68.82

Civil Supplies

1392.60

Science and Technology

1.00

Water Resources

50.00

Tourism

1500.00

Civil Aviation

1000.00

TOTAL

76767.65

680.00

77447.65

Statement of Objects and Reasons

The Supplementary Demands for Grants for the year 2020-21

(Second Batch) was presented to the Legislative Assembly. This

Bill is introduced in pursuance of Article 204 read with Article 205

of the Constitution of India to provide for appropriation of certain

further sums from and out of the Consolidated Fund of the State of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1910

Goa, to meet the expenditure on certain services, granted by the

Legislative Assembly for those services, during the financial year

2020-21.

Porvorim, Goa

Dr. PRAMOD SAWANT

28th January, 2021.

Finance Minister/Chief Minister

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

28th January, 2021.

Legislative Assembly of Goa.

__________

Governor’s Recommendation under Article 207 of the

Constitution of India

In pursuance of Article 207 of the Constitution of India,

I, Bhagat Singh Koshyari, Governor of Goa, hereby recommend the

introduction and consideration of the Goa Appropriation Bill, 2021,

by the Legislative Assembly of Goa.

________

LA/LEGN/2021/1958

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

________

The Goa Fiscal Responsibility and Budget

Management (Amendment) Bill, 2021

(Bill No. 11 of 2021)

Bill

further to amend the Goa Fiscal Responsibility

and Budget Management Act, 2006 (Goa

Act 12 of 2006).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

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

Act may be called the Goa Fiscal

Responsibility and Budget Management

(Amendment) Act, 2021.

(2) It shall be deemed to have come into

force on the 1st day of June, 2020.

2. Amendment of section 5.— In section 5

of the Goa Fiscal Responsibility and Budget

Management Act, 2006 (Goa Act 12 of 2006),

in clause (b), the following proviso shall be

inserted, namely:—

“Provided that for the financial year

2020-21, additional fiscal deficit of 2% over

and above 3% of the Gross State Domestic

Product (upto 5% of GSDP) shall be

permissible;”

3. Repeal and saving.— (1) The Goa Fiscal

Responsibility and Budget Management

(Second Amendment) Ordinance, 2020

(Ordinance No. 12 of 2020) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the said Goa

Act 12 of 2006, as amended by the said

Ordinance, shall be deemed to have been

done or taken under the said Act 2006, as

amended by this Act.

Statement of Objects and Reasons

Inorder to augment the State revenue

sources, the Government of India has allowed

additional borrowing subject to amendment

to State Fiscal Responsibility and Budget

Management Act.

The Goa Fiscal Responsibility and Budget

Management

(Second

Amendment)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1911

Ordinance, 2020 (Ordinance No. 12 of 2020)

was promulgated by the Governor of Goa on

3rd day of November, 2020 so as to augment

the State revenue sources by raising

additional borrowing as permitted by the

Government of India, by suitably amending

section 5 of the Goa Fiscal Responsibility and

Budget Management Act, 2006 (Goa Act 12

of 2006).

This Bill seeks to amend said section 5 of

the said Act, 2006 and repeal the Goa Fiscal

Responsibility and Budget Management

(Second Amendment) Ordinance, 2020

(Ordinance No. 12 of 2020) promulgated by

the Governor of Goa on 03-11-2020.

This Bill seeks to achieve the above objects.

Financial Memorandum

As per the Goa Fiscal Responsibility and

Budget Management Act, 2006, the State of

Goa was permitted to raise borrowing of 3%

to Gross State Domestic Product however

after amendment to said Act, an additional

2% (overall 5%) borrowing space was made

available for the State of Goa for the financial

year 2020-21 for development of the State.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim – Goa

Dr. PRAMOD SAWANT

22-01-2021

Chief Minister/

Minister For Finance

Assembly Hall

NAMRATA ULMAN

Porvorim – Goa

Secretary

22-01-2021

Goa Legislature

Secretariat

_________

Governor’s Recommendation under article

207 of the Constitution of India

In pursuance of article 207 of the

Constitution of India, I Bhagat Singh Koshyari,

the Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Fiscal

Responsibility

and

Budget

Management (Amendment) Bill, 2021, by the

Legislative Assembly of Goa.

(BHAGAT SINGH KOSHYARI)

Governor

Place: Raj Bhavan

Dated: 25-01-2021

________

LA/LEGN/2021/1959

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th January, 2021 is hereby

published for general information in

pursuance of Rule–138 of the Rules of

Procedure and Conduct of Business of the

Goa Legislative Assembly.

________

The Goa Land Revenue Code

(Amendment) Bill, 2021

(Bill No. 12 of 2021)

BILL

further to amend the Goa Land Revenue Code,

1968 (Act No. 9 of 1969).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

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

Act may be called the Goa Land Revenue

Code (Amendment) Act, 2021.

(2) It shall come into force on such date

as the Government may, by Notification in

the Official Gazette, appoint.

2. Amendment of section 30.— In section

30 of the Goa Land Revenue Code, 1968 (Act

No. 9 of 1969) (hereinafter referred to as the

“principal Act”), the following proviso shall

be inserted, namely:—

“Provided that the provisions of this section

shall not be applicable to the land in

occupation of the Government, Corporation

of the City of Panaji, a Municipal Council or

a Village Panchayat and land to be used for

installation of solar or wind power station.”

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4TH FEBRUARY, 2021

1912

3. Amendment of section 32.— In section

32 of the principal Act, in sub-section (6A),

for the word “amend”, the expression “add

to, or omit from, or otherwise amend” shall

be substituted.

4. Amendment of section 173.— In section

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

the following sub-section shall be substituted,

namely:—

“(1) Subject to the provisions of this Code

and the rules made thereunder every notice

under this Code may be served either by

tendering or delivering a copy thereof, or

sending such copy by post or electronically

or in any other manner as prescribed, to

the person on whom it is to be served, or

his authorized agent or, if service in the

manner aforesaid cannot be made, by

affixing or displaying a copy thereof at his

last known place of residence or at some

place of public resort in the village in

which the land to which the notice relates

is situated, or on such website as may be

specified by the Government by a

notification in the Official Gazette.”

Statement of Objects and Reasons

The Bill seeks to amend section 30 of the

Land Revenue Code, 1968 (Bill No. 9 of 1969)

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

as to exempt land in occupation of the

Government and land used for the solar or

wind power stations from the application of

provisions of section 30 of the said Act.

The Bill seeks to amend section 32 sub

section (6A) of the Goa Land Revenue Code

1968 (Act No. 9 of 1969) to empower the

Government to add or omit any entry from

the table specified in clause (ii) of sub section

6 of section 32 of the said Act.

The Bill also seeks to amend section 173 of

the Goa Land Revenue Code 1968 (Act No 9

of 1969) so as to facilitate delivery of notices

through electronic mode or such other mode

as prescribed and publication of such notices

on notified website.

This Bill seeks to achieve this object

Financial Memorandum

Financial implications are involved in the

Bill and cannot be quantified at this stage.

Memorandum Regarding Delegated

Legislation

Clause 3 of the Bill empowers the

Government to issue Notification so as to add

or omit any entry from the table specified in

clause (ii) of sub-section 6 of section 32 of the

said Act.

Clause 4 of the Bill empowers the

Government to make rules for prescribing the

manner of service of notice and to issue

notification for specifying website.

This delegation is of normal character.

Porvorim, Goa

JENNIFER MONSERRATE

27th January, 2021

(Minister for Revenue)

Assembly Hall

(NAMRATA ULMAN)

Porvorim, Goa

Secretary to the Legislative

27th January, 2021

Assembly

________

Governor’s Recommendation Under Article

207 of The Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, Bhagat Singh Koshyari,

Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Land Revenue Code, 1968 (Amendment) Bill,

2021 by the Legislative Assembly of Goa.

Place: Raj Bhavan

BHAGAT SINGH KOSHYARI

Dona Paula, Goa.

Governor of Goa

Date: 27th January, 2021.

ANNEXURE

-----------------------------------------------------------------------------

Extract of the relevant portion of section 30,

32, and 173 of Goa Land Revenue Code, 1968

-----------------------------------------------------------------------------

30. Permission for non-agricultural use:— No land

used for agriculture shall be used for any non-

agriculture purpose; and no land assessed for one

non-agricultural purpose shall be used for any other

non-agricultural purpose or for the same non-

agricultural purpose but in relaxation of any of the

condition imposed at the time of the grant of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

4TH FEBRUARY, 2021

1913

permission for non-agricultural purpose, except with

the permission of the Collector under section 32".

32. Procedure for conversion of use of land from

one purpose to another.— (1) If an occupant of land

or a tenant of such land—

(a) Which is assessed or held for the purpose

of agriculture wishes to use it for a non-

agriculture purpose, or

(b) Where land is assessed or held for a

particular non-agricultural purposes, wishes to

use it for another non-agriculture purpose, or

agriculture purpose for which it is assessed but

in relaxation of any of the conditions imposed at

the time of grant of land or permission for such

non-agriculture purpose, such occupant or

tenant shall, with consent of the tenant or, as

the case may be, of the occupant, apply to the

Collector for permission in accordance with the

form prescribed.

(2) The Collector, on receipt of an application,—

(a) Shall acknowledge the application within

seven days;

(b) May, unless the Collector directs otherwise,

return the application if it is not made by the

occupant or, as the case may be, the tenant or if

the consent of the tenant, or as the case may be,

of the occupant has not been obtained, or if it is

not in accordance with the form prescribed;

permission on such terms and conditions as he

may specify subject to any rules made in this

behalf by the Government; or refuse the

permission applied for, if it is necessary so to do

to secure the public health, safety and

convenience or if such use is contrary to any

scheme for the planned development of a village,

town or city in force under any law for the time

being in force and in the case of land which is

to be used as building sites in order to secure in

addition that the dimensions, arrangement and

accessibility of the sites are adequate for the

health and convenience of the occupiers or are

suitable to the locality; where an application is

rejected, the Collector shall state the reasons in

writing of such rejection.

(3) The Collector shall take a decision on the

application within a period of sixty days from the

date of receipt of the application and in case of his

failures to do so, the person shall have the right to

make an appeal to the Secretary (Revenue) to the

Government who shall dispose of the appeal within

a period of thirty days from the day of filing of

appeal.

(4) The person to whom permission is granted

under this section shall inform the Mamlatdar in

writing through the village accountant of the date

on which the change of user of land commenced,

within thirty days from such date.

(5) If the person fails to inform the Mamalatdar,

within the period specified in sub-section (4), he

shall be liable to pay, in addition to the non-

agricultural assessment, such fine as the

Government may, by notification in the Official

Gazette, specify, from time to time.

(6) (i) For the purpose of conversion, the land in

the State of Goa shall be categorized as below:—

“A” Category: Coastal Panchayat areas and

areas of five major towns, such as, Panaji, Mapusa,

Ponda, Vasco and Margao;

“B” Category: Census Towns areas and areas

of village panchayats adjoining said five major

towns and other Municipal areas;

“C” Category: Other Village Panchayat areas.

“(ii) When the land is permitted to be used from

one purpose to another, a sanad shall be granted to

the holder thereof in the prescribed form, on

payment of the fees, hereinbelow:—”

(a) “A” Category areas: Double the rate

specified in Table below.

(b) “B” Category areas” 1.5 times of the rate

specified in Table below.

below.

TABLE