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

(EXTRAORDINARY No. 2)

17TH FEBRUARY, 2021

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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