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Panaji, 19th August, 2021 (Sravana 28, 1943)
SERIES I No. 21
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Goa Legislature Secretariat
__
LA/LEGN/2021/830
The following bill which was introduced
in the Legislative Assembly of the State of
Goa on 28th July, 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 Housing Board (Amendment)
Bill, 2021
(Bill No. 27 of 2021)
A
BILL
further to amend the Goa Housing Board Act,
1968 (Act 12 of 1968).
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 Housing
Board (Amendment) Act, 2021.
(2) It shall come into force at once.
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
2. Amendment of section 2.— In section 2
of the Goa Housing Board Act, 1968 (Act 12
of 1968) (hereinafter referred to as the
“principal Act”),—
(i) in clause (i), for the words “this
territory”, the words “the State of Goa”
shall be substituted;
(ii) in clause (n), for the word “territory”,
the words “State of Goa” shall be
substituted;
(iii) clause (u) shall be omitted.
3. Amendment of section 3.— In section 3
of the principal Act, in sub-section (3), for
the expression “Land Acquisition Act of
1894”, the expression “Land Acquisition Act
of 1894 or any other law, dealing with
acquisition of land, for the time being in force”
shall be substituted.
4. Amendment of section 5.—
In section
5 of the principal Act, in sub-section (3), in
the second proviso,—
(i) the expression, “, Daman and Diu”
shall be omitted;
(ii) for the expression “Goa, Daman and
Diu Salaries and Allowances of Members
of the Legislative Assembly Act, 1964”, the
expression “Goa Salaries, Allowances and
Pension of Members of Legislative
Assembly Act, 2004 (Act No. 20 of 2004)”
shall be substituted.
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5. Amendment of section 21.— In section
21 of the principal Act,—
(i) for the words “three lakh rupees”,
the words “fifteen lakh rupees” shall be
substituted;
(ii) in the first proviso, for the words “ten
lakh of rupees” and “one crore of rupees”,
the words “fifty lakh of rupees” and “five
crore of rupees” shall be respectively
substituted.
6. Amendment of section 41.— In section
41 of the principal Act, in sub-sections (1)
and (2), for the words “ten lakhs”, the words
“ten crore” shall be substituted.
7. Amendment of section 53.— In section
53 of the principal Act,—
(i) in sub-section (1), in the proviso, for
the words “twenty-five thousand”, the
words “twelve lakhs and fifty thousand”
shall be substituted;
(ii) in sub-section (2), for the expression
“the Land Acquisition Act, 1894”,
wherever it occurs, the expression “the
Land Acquisition Act, 1894 or any other
law, dealing with acquisition of land, for
the time being in force” shall be
substituted.
8. Amendment of section 68.— In section
68 of the principal Act, in the proviso,—
(i) the expression “, Daman and Diu”
shall be omitted;
(ii) for the word “Territory”, the words
“State of Goa” shall be substituted.
9. Amendment of section 95.— In section
95 of the principal Act, in sub-section (2), in
clause (a), the expression, “, Daman and Diu”
shall be omitted.
10. Amendment of section 97.— In section
97 of the principal Act, for the word “fifty”,
the words “five thousand” shall be
substituted.
11. Amendment of section 98.— In section
98 of the principal Act,—
(i) in clause (a), for the words “five
hundred rupees” and “fifty rupees”, the
words “fifty thousand rupees” and “five
thousand rupees” shall be respectively
substituted;
(ii) in clause (b), for the words “one
hundred rupees” and “ten rupees”, the
words “ten thousand rupees” and “one
thousand rupees” shall be respectively
substituted.
12. Amendment of section 99.— In section
99 of the principal Act,—
(i) in clause (a), for the words “one
hundred”, the words “ten thousand” shall
be substituted;
(ii) in clause (b), for the word “fifty”,
the words “five thousand” shall be
substituted.
13. Amendment of section 100.— In section
100 of the principal Act, in clause (b), for the
words “two hundred”, the words “twenty
thousand” shall be substituted.
14. Amendment of section 101.— In section
101 of the principal Act,—
(i) in clause (a), for the words “one
hundred”, the words “ten thousand” shall
be substituted;
(ii) in clause (b), for the word “fifty”,
the words “five thousand” shall be
substituted.
15. Amendment of section 102.— In section
102 of the principal Act, in sub-section (2),
for the words “compensation of such amount
not exceeding one thousand rupees”, the
words “compensation of an amount not less
than one lakh rupees” shall be substituted.
16. Amendment of section 128.— In section
128 of the principal Act, in sub-section (3),
the expression “ , Daman and Diu” shall be
omitted.
Statement of Objects and Reasons
The Goa, Daman and Diu Housing Board
Act, 1968 (Act 12 of 1968) (hereinafter
referred to as the “said Act”) was enacted
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by the Legislative Assembly of Goa, Daman
and Diu when Goa was a part of the Union
Territory of Goa, Daman and Diu. After
enactment of the Goa, Daman and Diu
Reorganisation Act, 1987 (Central Act 18 of
1987), a new State of Goa as also the new
Union Territory of Daman and Diu was
formed. The said Act was amended in the
year 2001 and it is now further proposed to
amend the said Act, suitably, so as to amend
the word “territory” and omit the expression
“, Daman and Diu” from the said Act.
The
Bill
further
seeks
to
make
consequential amendments to sections 3, 21
and 53 in view of enactment of new laws on
the subjects covered thereto.
The Bill also seeks to enhance the monetary
powers of the Board and Chairman, to incur
expenditure out of the funds, considering the
present rates. Also, the amounts specified in
the said Act, in relation to purchase of
property by the Goa Housing Board, cost limit
for modification to a housing scheme and
various penalties are proposed to be
rationalized on par with the contemporary
conditions.
This Bill seeks to achieve the above objects.
Financial Memorandum
No financial implications to the State
Government are involved in this Bill.
Memorandum Regarding Delegated
Legislation
No delegated legislation is envisaged in
this Bill.
Secretariat,
MAUVIN GODINHO
Porvorim-Goa.
Minister for Housing.
26th July, 2021.
Assembly Hall,
NAMRATA ULMAN
Porvorim-Goa.
Secretary to the
26th July, 2021.
Legislative Assembly.
ANNEXURE
Extract of the Goa Housing Board Act, 1968
(Act No. 12 of 1968)
2. Definitions.— In this Act, unless the context
otherwise requires,—
(i) ‘co-operative society’ means a society
registered or deemed to be registered under the
law relating to co-operative societies for the time
being in force in this territory;
(n) ‘local authority’ means the area under the
jurisdiction of a municipal council or a nagar
panchayat or a panchayat constituted under any
law for the time being in force in the territory;
(u) ‘Territory’ means the Union Territory of
Goa, Daman and Diu;
3. Establishment and incorporation of Board.—
(3) For the purposes of this Act and the Land
Acquisition Act of 1894 the Board shall be deemed
to be a local authority.
5. Term of office of Chairman and other
members.—
(3) Every member shall be entitled to receive
such remuneration or allowances from the funds of
the Board as may be prescribed:
Provided that if the Board so desires, he shall be
entitled to receive both remuneration and
allowances at such rates as may be prescribed:
Provided further that in the case of a member of
the Legislative Assembly of Goa, Daman and Diu,
he shall not be entitled to any remuneration other
than the travelling allowance and daily allowance
at rates not exceeding those admissible to him as
a member of the Legislative Assembly under the
Goa, Daman and Diu Salaries and Allowances of
Members of the Legislative Assembly Act, 1964.
21. Powers of Board and Chairman to incur
expenditure.— Subject to budget provision and
availability of funds, expenditure may be incurred
on any single work or scheme for carrying out any
of the purposes of this Act—
(1) by the Chairman, in case such expenditure
does not exceed three lakh rupees; and
(2) by the Board, in other cases:
Provided that the Board shall not, without the
previous approval of the Government, incur any
expenditure exceeding ten lakh of rupees if the
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funds are linked to any Government Guarantee
and one crore of rupees in other cases.
Provided further that the Chairman shall report
the expenditure incurred by him under this section
to the Board at its next meeting.
41. Abandonment, modification or sanction of a
housing, improvement or building scheme.— (1)
After considering the suggestions or objections
received in pursuance of sections 39 and 40, the
Board may either abandon or modify or sanction
the scheme, or apply to the Government for
sanction with such modifications, if any, as the
Board may consider necessary if the cost of the
scheme exceeds ten lakhs of rupees.
(2) The Government may sanction with or
without modification, or may refuse to sanction, or
may return for reconsideration any housing,
improvement or building scheme costing over ten
lakhs of rupees submitted to it under sub-section
(1).
53. Power to purchase or lease by agreement.—
(1) The Board may enter into an agreement with
any person for the acquisition from him by
purchase, lease or exchange of any land which is
needed for the purposes of a housing scheme, or
any interest in such land, or for compensating the
owners of any such right in respect of any
deprivation thereof or interference therewith:
Provided that the previous approval of the
Government shall be obtained in case of purchase
or exchange involving land worth more than rupees
twenty-five thousand or lease for more than five
years.
(2) The Board may also take necessary steps for
the compulsory acquisition of any land or any
interest therein required for the execution of a
housing, improvement or building scheme in the
manner provided in the Land Acquisition Act, 1894,
and the acquisition of any land or any interest
therein for the purposes of this Act shall be deemed
to be acquisition for a public purpose within the
meaning of the Land Acquisition Act, 1894.
68. Guarantee by Government of loans.— The
Government may guarantee in such manner as it
thinks fit, the payment of the principal and interest
of any loan proposed to be raised by the Board on
debenture or of either the principal or the interest:
Provided that the Government shall, so long as
any such guarantees are in force, lay before the
Legislative Assembly of Goa, Daman and Diu in
every year during the budget session, a statement
of the guarantees, if any, given during the current
year and an up-todate account of the total sums, if
any, which have been paid out of the Consolidated
Fund of the Territory by reason of any such
guarantees or paid into the said Fund towards
repayment of any money so paid out.
95. Statements of accounts and audit report to be
forwarded to Government.— (1) The statement of
accounts of the Board as certified by the auditor
together with the audit report thereon shall be
forwarded annually to the Government and the
Government may issue such instructions to the
Board in respect thereof as it deems fit and the
Board shall comply with such instructions.
(2) The Government shall—
(a) cause the statement of accounts of the
Board together with the audit report thereon to
be laid annually before the Legislative Assembly
of Goa, Daman and Diu; and
(b) cause the statement of accounts of the
Board and the audit report to be published in
the prescribed manner and make available
copies thereof on sale at a reasonable price.
97. Penalty for removing bar, chain or post.— If
any person, without lawful authority, infringes any
order given, or removes any bar, chain or post fixed,
under sub-section (2) of section 48, he shall be
punishable with fine which may extend to fifty
rupees.
98. Penalty for building within street alignment
or building line without permission.— If any person,
without the permission of the Board, erects, re-
erects, adds to or alters any wall or building so as
to make the same project into the street alignment
or beyond the building line specified in any
deferred street scheme, development scheme or
town expansion scheme, he shall be punishable—
(a) with fine which may extend, in the case of
a wall or masonry building, to five hundred
rupees and, in any other case, to fifty rupees;
and
(b) with further fine which may extend, in the
case of a wall or masonry building, to one
hundred rupees and, in any other case, to ten
rupees for each day after the first during which
the projection continues.
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99. Penalty for failure to comply with requisition
made by auditor.— If any person fails to comply
with any requisition made by the auditor under
section 90, he shall be punishable—
(a) with fine which may extend to one
hundred rupees;
(b) in case of a continuing failure, with further
fine which may extend to fifty rupees for each
day after the first during which the failure
continues.
100. Penalty for obstructing contractor or
removing mark.— If any person—
(a) obstructs or molests any person with whom
the Chairman has entered into a contract on
behalf of the Board, in the performance or
execution by such person of his duty or of
anything which he is empowered or required to
do by virtue of or in consequence of this Act or
any rule or regulation made thereunder; or
(b) removes any mark set up for the purpose
of indicating any level or direction necessary to
the execution of works authorised by this Act or
any rule or regulation made or scheme
sanctioned thereunder, he shall be punishable
with fine which may extend to two hundred
rupees.
101. Penalty for breach of the provisions of the
Act.— Whoever contravenes any of the provisions
of the Act or of any rule or regulation made or
scheme sanctioned thereunder, shall, if no other
penalty is provided for such contravention, be
punishable—
(a) with fine which may extend to one
hundred rupees; and
(b) in case of a continuing contravention, with
further fine which may extend to fifty rupees for
each day after the first during which the
contravention continues.
102. Compensation to be paid by offenders.—
(1) When any person is convicted of any offence
under this Act or any rule or regulation made
thereunder, the magistrate convicting such person
may, on application made in this behalf by the
Board or by its officer or other employee authorised
by it in this behalf, call upon such person forthwith
to show cause as to why he should not pay
compensation to the Board for the damage caused
by his act or omission in respect of which he is
convicted.
(2) The magistrate shall record and consider any
cause which such person may show and if the
magistrate, after making such inquiry as he may
think fit, is satisfied that such person is liable to
pay compensation, may direct that compensation
of such amount not exceeding one thousand rupees
as he may determine, be paid by such person to
the Board.
(3) The amount of compensation directed to be
paid under sub-section (2) shall, if it is not paid
forthwith, be recovered as if it were a fine imposed
by the magistrate on such person.
128. Power to make rules.—
(3) Every rule made under this Act shall be laid,
as soon as may be after it is made, before the
Legislative Assembly of Goa, Daman and Diu while
it is in sessions for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, and if before the expiry of the
session in which it is so laid or the session
immediately following the House agrees in making
any modification in any such rule or the House
agrees that the rules should not be made, the rule
shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so,
however, that any such modification or annulment
shall be without prejudice to the validity of
anything previously done under that rule.
———ttt———
Department of Law
Legal Affairs Division
__
Notification
7/20/2021-LA
The Goa Housing Board (Amendment) Act,
2021 (Goa Act 17 of 2021), which has been
passed by the Legislative Assembly of Goa
on 29-07-2021 and assented to by the
Governor of Goa on 16-08-2021, is hereby
published for the general information of the
public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 19th August, 2021.
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The Goa Housing Board (Amendment)
Act, 2021
(Goa Act 17 of 2021) [16-08-2021]
AN
ACT
further to amend the Goa Housing Board Act,
1968 (Act 12 of 1968).
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 Housing
Board (Amendment) Act, 2021.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2
of the Goa Housing Board Act, 1968 (Act 12
of 1968) (hereinafter referred to as the
“principal Act”),—
(i) in clause (i), for the words “this
territory”, the words “the State of Goa”
shall be substituted;
(ii) in clause (n), for the word “territory”,
the words “State of Goa” shall be
substituted;
(iii) clause (u) shall be omitted.
3. Amendment of section 3.— In section 3
of the principal Act, in sub-section (3), for
the expression “Land Acquisition Act of
1894”, the expression “Land Acquisition Act
of 1894 or any other law, dealing with
acquisition of land, for the time being in force”
shall be substituted.
4. Amendment of section 5.—
In section
5 of the principal Act, in sub-section (3), in
the second proviso,—
(i) the expression, “, Daman and Diu”
shall be omitted;
(ii) for the expression “Goa, Daman and
Diu Salaries and Allowances of Members
of the Legislative Assembly Act, 1964”, the
expression “Goa Salaries, Allowances and
Pension of Members of Legislative
Assembly Act, 2004 (Act No. 20 of 2004)”
shall be substituted.
5. Amendment of section 21.— In section
21 of the principal Act,—
(i) for the words “three lakh rupees”,
the words “fifteen lakh rupees” shall be
substituted;
(ii) in the first proviso, for the words “ten
lakh of rupees” and “one crore of rupees”,
the words “fifty lakh of rupees” and “five
crore of rupees” shall be respectively
substituted.
6. Amendment of section 41.— In section
41 of the principal Act, in sub-sections (1)
and (2), for the words “ten lakhs”, the words
“ten crore” shall be substituted.
7. Amendment of section 53.— In section
53 of the principal Act,—
(i) in sub-section (1), in the proviso, for
the words “twenty-five thousand”, the
words “twelve lakhs and fifty thousand”
shall be substituted;
(ii) in sub-section (2), for the expression
“the Land Acquisition Act, 1894”,
wherever it occurs, the expression “the
Land Acquisition Act, 1894 or any other
law, dealing with acquisition of land, for
the time being in force” shall be
substituted.
8. Amendment of section 68.— In section
68 of the principal Act, in the proviso,—
(i) the expression “, Daman and Diu”
shall be omitted;
(ii) for the word “Territory”, the words
“State of Goa” shall be substituted.
9. Amendment of section 95.— In section
95 of the principal Act, in sub-section (2), in
clause (a), the expression, “, Daman and Diu”
shall be omitted.
10. Amendment of section 97.— In section
97 of the principal Act, for the word “fifty”,
the words “five thousand” shall be
substituted.
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11. Amendment of section 98.— In section
98 of the principal Act,—
(i) in clause (a), for the words “five
hundred rupees” and “fifty rupees”, the
words “fifty thousand rupees” and “five
thousand rupees” shall be respectively
substituted;
(ii) in clause (b), for the words “one
hundred rupees” and “ten rupees”, the
words “ten thousand rupees” and “one
thousand rupees” shall be respectively
substituted.
12. Amendment of section 99.— In section
99 of the principal Act,—
(i) in clause (a), for the words “one
hundred”, the words “ten thousand” shall
be substituted;
(ii) in clause (b), for the word “fifty”,
the words “five thousand” shall be
substituted.
13. Amendment of section 100.— In section
100 of the principal Act, in clause (b), for the
words “two hundred”, the words “twenty
thousand” shall be substituted.
14. Amendment of section 101.— In section
101 of the principal Act,—
(i) in clause (a), for the words “one
hundred”, the words “ten thousand” shall
be substituted;
(ii) in clause (b), for the word “fifty”,
the words “five thousand” shall be
substituted.
15. Amendment of section 102.— In section
102 of the principal Act, in sub-section (2),
for the words “compensation of such amount
not exceeding one thousand rupees”, the
words “compensation of an amount not less
than one lakh rupees” shall be substituted.
16. Amendment of section 128.— In section
128 of the principal Act, in sub-section (3),
the expression “, Daman and Diu” shall be
omitted.
Secretariat,
CHOKHA RAM GARG
Porvorim, Goa.
Secretary to the
Dated: 19-08-2021.
Government of Goa
Law Department
(Legal Affairs).
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