1969
Panaji, 17th February, 2021 (Magha 28, 1942)
SERIES I No. 46
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
__
Notification
7/3/2021-LA
The Goa Lokayukta (Amendment) Act,
2021 (Goa Act 3 of 2021), which has been
passed by the Legislative Assembly of Goa
on 28-01-2021 and assented to by the
Governor of Goa on 15-02-2021, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 17th February, 2021.
–––––––––
The Goa Lokayukta (Amendment) Act,
2021
(Goa Act 3 of 2021) [15-02-2021]
An
Act
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:—
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
No. 2
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.
(b) in item (ii), the words “or improper
or corrupt motive” shall be omitted.
(c) for item (iii), the following item shall
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.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 46
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1970
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
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-
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 46
(EXTRAORDINARY No. 2)
17TH FEBRUARY, 2021
1971
(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.
Secretariat,
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 17-02-2021
Government of Goa,
Law Department
(Legal Affairs).
_________
Notification
7/4/2021-LA
The Goa Staff Selection Commission
(Amendment) Act, 2021 (Goa Act 4 of 2021),
which has been passed by the Legislative
Assembly of Goa on 28-01-2021 and assented
to by the Governor of Goa on 15-02-2021, is
hereby published for the general information
of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 17th February, 2021.
________
The Goa Staff Selection Commission
(Amendment) Act, 2021
(Goa Act 4 of 2021) [15-02-2021]
An
Act
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
in
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
one year from the date of commencement
of the Goa Staff Selection Commission
(Amendment) Act, 2021.”.
Secretariat,
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 17-02-2021
Government of Goa,
Law Department
(Legal Affairs).
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 46
(EXTRAORDINARY No. 2)
17TH FEBRUARY, 2021
1972
Notification
7/6/2021-LA
The Goa Land Revenue Code (Amendment)
Act, 2021 (Goa Act 5 of 2021), which has
been passed by the Legislative Assembly of
Goa on 29-01-2021 and assented to by the
Governor of Goa on 15-02-2021, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 17th February, 2021.
_________
The Goa Land Revenue Code
(Amendment) Act, 2021
(Goa Act 5 of 2021) [15-02-2021]
An
Act
further to amend the Goa Land Revenue Code,
1968 (Act No. 9 of 1969).
BE it enacted by the Legislative Assembly
of Goa in the 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.”
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.”
Secretariat,
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 17-02-2021
Government of Goa,
Law Department
(Legal Affairs).
_________
Notification
7/7/2021-LA
The Goa Regularisation of Unauthorized
Construction (Amendment) Act, 2021 (Goa
Act 6 of 2021), which has been passed by
the Legislative Assembly of Goa on
29-01-2021 and assented to by the Governor
of Goa on 15-02-2021, is hereby published
for the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 17th February, 2021.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 46
(EXTRAORDINARY No. 2)
17TH FEBRUARY, 2021
1973
The Goa Regularisation of Unauthorized
Construction (Amendment) Act, 2021
(Goa Act 6 of 2021) [15-02-2021]
An
Act
further to amend the Goa Regularisation of
Unauthorized Construction Act, 2016 (Goa
Act 20 of 2016).
BE it enacted by the Legislative Assembly
of Goa in the Seventy-second Year of the
Republic of India as follows:—
1. Short title and commencement.— (1) This
Act may be called the Goa Regularisation of
Unauthorized Construction (Amendment)
Act, 2021.
(2) It shall be deemed to have come into
force on the 24th day of June, 2016.
2. Amendment of Section 3.— In section 3
of the Goa Regularisation of Unauthorized
Construction Act, 2016 (Goa Act 20 of 2016),
in sub-section (5),— (i) for the expression
“areas covered under Eco Sensitive Zone,”,
the expression “areas covered under Eco
Sensitive Zone-I, areas other than orchard
land or cultivable land covered under Eco
Sensitive Zone-II” shall be substituted;
(ii) the following explanation shall be
inserted, namely:—
“Explanation.— (i) “Eco Sensitive
Zone-I” means Eco Sensitive Zone-I as
classified in Regional Plan 2021.”;
(ii) “Eco Sensitive Zone-II” means Eco
Sensitive-II as classified in Regional Plan
2021.”;
(iii) the following proviso shall be
inserted, namely:—
“Provided that the authorized officer
may entertain any application under sub-
-section (1), if the unauthorized
construction falls within the limits of the
area covered under Settlement Zone,
Institutional Zone or Industrial Zone,
Cultivable Zone, ORCHARD,”:—
Secretariat,
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 17-02-2021
Government of Goa,
Law Department
(Legal Affairs).
_________
Notification
7/8/2021-LA
The Goa Motor Vehicles Tax (Amendment)
Act, 2021 (Goa Act 7 of 2021), which has
been passed by the Legislative Assembly of
Goa on 29-01-2021 and assented to by the
Governor of Goa on 15-02-2021, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 17th February, 2021.
_________
The Goa Motor Vehicles Tax (Amendment)
Act, 2021
(Goa Act 7 of 2021) [15-02-2021]
An
Act
further to amend the Goa, Daman and Diu
Motor Vehicles Tax Act, 1974 (Act No. 8 of
1974) and the Goa, Daman and Diu Motor
Vehicles (Taxation Passenger and Goods)
Act, 1974 (Act No. 7 of 1974).
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 Motor Vehicles
Tax (Amendment) Act, 2021.
(2) It shall be deemed to have come into
force on the 18th day of December, 2020.
2. Amendment of section 3.— In section 3
of the Goa, Daman and Diu Motor Vehicles
Tax Act, 1974 (Act No. 8 of 1974), hereinafter
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 46
(EXTRAORDINARY No. 2)
17TH FEBRUARY, 2021
1974
referred to as the “principal Act” in sub-
-section (1), after the second proviso, the
following provisos shall be inserted,
namely:—
“Provided also that no tax shall be
leviable under this section on any transport
vehicle for the period 01-04-2020 to
30-09-2020, except the transport vehicle
which has already paid one time tax at the
time of registration:
Provided also that if tax is already paid
under this section by any transport vehicle
for the period 01-04-2020 to 30-09-2020, it
shall be adjusted towards the tax payable
in respect of same transport vehicle in
future.”.
3. Amendment of section 12.— In section
12 of the principal Act, the following provisos
shall be inserted, namely:—
“Provided that no penalty under this
section shall be leviable in respect of the
tax due for the period 01-04-2020 to
31-03-2021, if such tax is paid on or before
31-03-2021:
Provided further that if any penalty is
already paid in respect of any motor
vehicle, for period 01-04-2020 to 31-03-2021,
then it shall be adjusted towards the tax
payable in respect of same motor vehicle
in future.”.
4. Amendment of section 3 of the Goa,
Daman and Diu Motor Vehicles (Taxation on
Passengers and Goods) Act, 1974 (Act No.7
of 1974).— In section 3 of the Goa, Daman
and Diu Motor Vehicles (Taxation on
Passengers and Goods) Act, 1974 (Act No. 7
of 1974), in sub-section (1), in clause (i), after
the existing proviso, the following provisos
shall be inserted, namely:—
“Provided that no tax shall be leviable
under this section on passengers, luggage
and goods carried by a stage carriage,
contract
carriage,
maxi-cab,
taxi,
autorickshaw, motorcycle or a rent a
bike/car for the period 01-04-2020 to
30-09-2020:
Provided further that if any tax is already
been paid under this section on passengers,
luggage and goods by any stage carriage,
contract
carriage,
maxi-cab,
taxi,
autorickshaw, motorcycle or a rent a bike/
car, it shall be adjusted towards the tax
payable in respect of same motor vehicle
in future.”.
5. Repeal and savings.— (1) The Goa Motor
Vehicles Tax (Amendment) Ordinance, 2020
(Ordinance No. 14 of 2020) is hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken under the Goa,
Daman and Diu Motor Vehicles Tax Act, 1974
(Act No. 8 of 1974) or the Goa, Daman and
Diu Motor Vehicles Taxation on Passengers
and Goods Act, 1974 (Act No. 7 of 1974), as
amended by the said Ordinance, shall be
deemed to have been done or taken under
the Goa, Daman and Diu Motor Vehicles Tax
Act, 1974 (Act No. 8 of 1974) or the Goa,
Daman and Diu Motor Vehicles Taxation on
Passengers and Goods Act, 1974 (Act No. 7
of 1974), as the case may be, as amended by
this Act.
Secretariat,
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 17-02-2021
Government of Goa,
Law Department
(Legal Affairs).
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