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SERIES I No. 25

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Goa Legislature Secretariat

----

LA/LEGN/2021/854

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th 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 (Regulation of Film

Shooting) Bill, 2021

(BILL No. 44 of 2021)

A

BILL

to regulate film shooting in the State of Goa

and for matters connected therewith 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 Film Shooting) Act, 2021.

(2) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

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

EXTRAORDINARY

No. 3

Panaji, 22nd September, 2021 (Bhadra 31, 1943)

2. Definitions.— In this Act, unless the

context otherwise requires,-

(a)

“Cinematograph”

means

the

cinematograph as defined under clause (c)

of section 2 of the Cinematograph Act, 1952

(Act 37 of 1957);

(b) “Competent Authority” means a

Competent Authority as designated by the

Government under sub-section (1) of

section 3;

(c) “Central Government” means the

Government of India;

(d) “film shooting” means making of a

cinematographic film of motion pictures of

a story, or an episode or a serial or an event

recorded by a camera, for the purpose of

showing by cinematograph in a cinema,

or on television, or by other electronic

media, whether for a commercial cinema

venture, or purely artistic creation, or for

publicity or advertisement, intended for

public viewing or exhibition which would

be governed by the Cinematograph Act,

1952 (Act 37 of 1957) or any other law for

the time being in force;

(e) “Government” means the Government

of Goa;

(f) “heritage site” includes sites

protected under the Ancient Monuments

and Archaeological Sites and Remains Act,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 25

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22ND SEPTEMBER, 2021

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1958 (Central Act 24 of 1958) and under

the Goa, Daman and Diu Ancient

Monuments and Archaeological Sites and

Remains Act, 1978 (Act 1 of 1979);

(g) “Official Gazette” means the Official

Gazette of the Government;

(h) “prescribed” means prescribed by

the rules made under this Act;

(i) “State” means the State of Goa;

(j) “tourist place” means place of interest

where tourists visit, typically for its

inherent or an exhibited natural or cultural

value, historical significance, natural or

built

beauty,

offering

leisure

and

amusement.

3. Regulation of film shooting.— (1)

Notwithstanding anything contained in any

other State law for the time being in force, no

person shall undertake a film shooting in the

State without obtaining a film shooting

permission from the Competent Authority as

may be designated by the Government by a

notification in the Official Gazette.

(2) Where the film shooting is proposed to

be undertaken at a place owned or controlled

by or vested in, the Central Government, the

no objection certificate of the Central

Government for the same shall be produced

along with the application for permission

under sub-section (1).

(3) An application to be made under

sub-section (1) shall be in such form,

accompanied by such fee and such

undertaking, as may be prescribed.

(4) Upon receipt of application under sub-

section (1) the Competent Authority may,

after following the procedure as may be

prescribed, grant a film shooting permission

to the applicant in such form and in such

manner as may be prescribed or may reject

the same by an order with the reasons to be

recorded in writing.

(5) In case of contravention of the

provisions of sub-section (1), the Competent

Authority or such other officer not below the

rank of Deputy Collector as may be authorised

by the Government by notification in the

Official Gazette shall issue an order to stop

such film shooting and shall have power to

seize the material used for film shooting by

following such procedure as may be

prescribed. He may take assistance of the

police officer or any other officer for the

purpose of execution of the order issued by

him under this sub-section.

4. Single Window Clearance System for Film

Shooting.— (1) Notwithstanding anything

contained in any other State law for the time

being in force, once a film shooting

permission is granted by the Competent

Authority, the same shall be binding on all

Departments of the State and local authorities

and any Department or local authority who

is deprived of fees on account of issue of such

permission shall be compensated by the

Government to such extent and in such

manner as may be prescribed.

(2) It shall be the duty of all Departments

of the State and local authorities to whom

copies of permission are endorsed, to facilitate

the activities of film shooting, render

necessary assistance and instruct their

administrative and subordinate staff to

facilitate film shooting at the places specified

in the permission.

5. Liability to pay restoration charges.—

(1) Whoever in the course of film shooting by

an act of omission or commission defaces,

defiles, destroys or damages any structure or

place including tourist place, or heritage site,

he shall be liable to pay such amount as

determined by the Competent Authority in

consultation

with

the

Public

Works

Department and the other experts in the field,

as restoration charges.

(2) The Competent Authority shall pass an

order for recovery of restoration charges and

the same may be recovered as arrears of land

revenue.

6. Appeal.— (1) Any person aggrieved by

an order passed by the Competent Authority

under sub-section (4) of sub-section 3 or sub-

section (2) of section 5, may prefer an appeal

to the Government within a period of thirty

days from the date of such order.

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22ND SEPTEMBER, 2021

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(2) The Government may after hearing the

Appellant and the Competent Authority either

set aside, modify or uphold the order passed

by the Competent Authority.

7. Penalties for offences against the Act,

etc.— Whoever contravenes any provisions

of this Act or rules made thereunder shall be

punished with imprisonment for a term which

may extend to three months or with fine

which may extend to five lakh rupees or with

both.

8. Composition of offences. — (1) The

Competent Authority or such other officer not

below the rank of Deputy Collector as may

be designated by the Government by

notification in the Official Gazette may

compound any offence punishable under this

Act or Rules made thereunder on payment

by a person who is suspected to have

committed such offence to the Government,

such sum not less than rupees fifty thousand

and not exceeding rupees one lakh.

(2) On payment of such sum under sub-

section (1) no further proceedings shall be

taken against the offender.

9. Court competent to take cognizance and

try offences.— No Court other than the Court

of a Judicial Magistrate First Class shall take

cognizance of, and try an offence under this

Act.

10. Protection of action taken in good

faith.—No suit, prosecution or other legal

proceedings shall lie against the Competent

authority or any person for anything which

is in good faith done or intended to be done

under this Act or rules made thereunder.

11. Power to make rules. — (1) The

Government may by notification in the Official

Gazette make rules to carry out the purposes

of this Act.

(2) In particular and without prejudice to

the generality of foregoing power, such rules

may provide for,—

(a) form of application and fees under

sub-section (3) of section 3;

(b) form of undertaking under sub-

section (3) of section 3;

(c) form of film shooting permission under

sub-section (3) of section 3;

(d) manner for granting of film shooting

permission under sub-section (4) of section

3;

(e) procedure for seizure under sub-

section (5) of section 3;

(f) extent and manner of payment of

compensation by the Government under

sub-section (1) of section 4;

(g) a sum for composition of offence

under sub-section (1) of section 8;

(h) any other matter which is to be or

may be prescribed.

12. Power to remove difficulty.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by order published in the Official Gazette

make such provisions, not inconsistent with

the provisions of this Act as appear to it to be

necessary or expedient for removing the

difficulty:

Provided that no such order shall be made

after the expiry of the period of two years

from the date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the State Legislature.

Statement of Objects and Reasons

The Goa Regulation of Film Shooting Bill,

2021 aims to regulate film shooting in the

State of Goa and for matters connected

therewith and incidental thereto. The Bill also

seeks to inter alia provide for,

(a) Issue of permissions through a single

window system and for compensating

various authorities or local bodies who are

deprived of fees on account of issue of such

permissions.

(b) Levy of Penalty in the event that the

film shooting is carried out without

permissions and for compounding of such

offences.

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SERIES I No. 25

(EXTRAORDINARY No. 3)

22ND SEPTEMBER, 2021

1414

(c) Imposition of restoration charges if in

the course of film shooting there is damage

to any tourist place or heritage site.

This Bill seeks to achieve the above objects.

Financial Memorandum

The Bill will generate revenue on account

of fees payable for issue of permissions for

film shooting which cannot be quantified at

this stage.

Memorandum Regarding Delegated

Legislation

Clause 1(2) of the Bill empowers the

Government to issue notification for

appointing a date for bringing the Act into

force.

Clause 3(1) of the Bill empowers the

Government to issue notification for

designating the Competent Authority to issue

permissions for film shooting.

Clause 3(3) of the Bill empowers the

Government to frame rules to prescribe the

form of application for film shooting, the fee

to be paid for such application and form of

undertaking to accompany such application

for film shooting.

Clause 3(4) of the Bill empowers the

Government to frame rules to prescribe the

procedure to be followed for issue of film

shooting permission and the form in which it

is to be issued.

Clause 3(5) of the Bill empowers the

Government to issue notification for

designating the officer authorised to issue

orders to stop unauthorised film shooting and

the procedure to be followed for seizure of

material used for such unauthorised film

shooting.

Clause 4(1) of the Bill empowers the

Government to frame rules to prescribe the

manner

and

extent

of

payment

of

compensation to any Department or authority

who is deprived of fees on account of issue of

permission for film shooting through the

single window clearance system.

Clause 8(1) of the Bill empowers the

Government to issue notification for

designating the officer authorised to

compound offences punishable under the Act.

Assembly Hall,

Dr. PRAMOD SAWANT

Porvorim, Goa.

Minister for Information

27th July, 2021.

and Publicity.

Assembly Hall,

NAMRATA A. ULMAN

Porvorim, Goa.

Secretary to the

27th July, 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, P. S. Sreedharan Pillai,

the Governor of Goa hereby recommend to

the Legislative Assembly of Goa, the

introduction and consideration of the Goa

(Regulation of Film Shooting) Bill, 2021.

Raj Bhavan

P. S. SREEDHARAN PILLAI

Date: 27-07-2021.

Governor of Goa.

———ttt———

Department of Law

Legal Affairs Division

----

Notification

7/30/2021-LA

The Goa (Regulation of Film Shooting) Act,

2021 (Goa Act 29 of 2021), which has been

passed by the Legislative Assembly of Goa

on 30-07-2021 and assented to by the

Governor of Goa on 14-09-2021, is hereby

published for general information of the

public.

D. S. Raut Desai, Joint Secretary (Law).

Porvorim, 22-9-2021.

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SERIES I No. 25

(EXTRAORDINARY No. 3)

22ND SEPTEMBER, 2021

1415

The Goa (Regulation of Film

Shooting) Act, 2021

(Goa Act 29 of 2021) [14-09-2021]

AN

ACT

to regulate film shooting in the State of Goa

and for matters connected therewith 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 Film Shooting) Act, 2021.

(2) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,-

(a)

“Cinematograph”

means

the

cinematograph as defined under clause (c)

of section 2 of the Cinematograph Act, 1952

(Act 37 of 1957);

(b) “Competent Authority” means a

Competent Authority as designated by the

Government under sub-section (1) of

section 3;

(c) “Central Government” means the

Government of India;

(d) “film shooting” means making of a

cinematographic film of motion pictures of

a story, or an episode or a serial or an event

recorded by a camera, for the purpose of

showing by cinematograph in a cinema,

or on television, or by other electronic

media, whether for a commercial cinema

venture, or purely artistic creation, or for

publicity or advertisement, intended for

public viewing or exhibition which would

be governed by the Cinematograph Act,

1952 (Act 37 of 1957) or any other law for

the time being in force;

(e) “Government” means the Government

of Goa;

(f) “heritage site” includes sites

protected under the Ancient Monuments

and Archaeological Sites and Remains Act,

1958 (Central Act 24 of 1958) and under

the Goa, Daman and Diu Ancient

Monuments and Archaeological Sites and

Remains Act, 1978 (Act 1 of 1979);

(g) “Official Gazette” means the Official

Gazette of the Government;

(h) “prescribed” means prescribed by

the rules made under this Act;

(i) “State” means the State of Goa;

(j) “tourist place” means place of interest

where tourists visit, typically for its

inherent or an exhibited natural or cultural

value, historical significance, natural or

built

beauty,

offering

leisure

and

amusement.

3. Regulation of film shooting.— (1)

Notwithstanding anything contained in any

other State law for the time being in force, no

person shall undertake a film shooting in the

State without obtaining a film shooting

permission from the Competent Authority as

may be designated by the Government by a

notification in the Official Gazette.

(2) Where the film shooting is proposed to

be undertaken at a place owned or controlled

by or vested in, the Central Government, the

no objection certificate of the Central

Government for the same shall be produced

along with the application for permission

under sub-section (1).

(3) An application to be made under

sub-section (1) shall be in such form,

accompanied by such fee and such

undertaking, as may be prescribed.

(4) Upon receipt of application under sub-

section (1) the Competent Authority may,

after following the procedure as may be

prescribed, grant a film shooting permission

to the applicant in such form and in such

manner as may be prescribed or may reject

the same by an order with the reasons to be

recorded in writing.

(5) In case of contravention of the

provisions of sub-section (1), the Competent

Authority or such other officer not below the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 25

(EXTRAORDINARY No. 3)

22ND SEPTEMBER, 2021

1416

rank of Deputy Collector as may be authorised

by the Government by notification in the

Official Gazette shall issue an order to stop

such film shooting and shall have power to

seize the material used for film shooting by

following such procedure as may be

prescribed. He may take assistance of the

police officer or any other officer for the

purpose of execution of the order issued by

him under this sub-section.

4. Single Window Clearance System for Film

Shooting.— (1) Notwithstanding anything

contained in any other State law for the time

being in force, once a film shooting

permission is granted by the Competent

Authority, the same shall be binding on all

Departments of the State and local authorities

and any Department or local authority who

is deprived of fees on account of issue of such

permission shall be compensated by the

Government to such extent and in such

manner as may be prescribed.

(2) It shall be the duty of all Departments

of the State and local authorities to whom

copies of permission are endorsed, to facilitate

the activities of film shooting, render

necessary assistance and instruct their

administrative and subordinate staff to

facilitate film shooting at the places specified

in the permission.

5. Liability to pay restoration charges.—

(1) Whoever in the course of film shooting by

an act of omission or commission defaces,

defiles, destroys or damages any structure or

place including tourist place, or heritage site,

he shall be liable to pay such amount as

determined by the Competent Authority in

consultation

with

the

Public

Works

Department and the other experts in the field,

as restoration charges.

(2) The Competent Authority shall pass an

order for recovery of restoration charges and

the same may be recovered as arrears of land

revenue.

6. Appeal.— (1) Any person aggrieved by

an order passed by the Competent Authority

under sub-section (4) of sub-section 3 or sub-

section (2) of section 5, may prefer an appeal

to the Government within a period of thirty

days from the date of such order.

(2) The Government may after hearing the

Appellant and the Competent Authority either

set aside, modify or uphold the order passed

by the Competent Authority.

7. Penalties for offences against the Act,

etc.— Whoever contravenes any provisions

of this Act or rules made thereunder shall be

punished with imprisonment for a term which

may extend to three months or with fine

which may extend to five lakh rupees or with

both.

8. Composition of offences. — (1) The

Competent Authority or such other officer not

below the rank of Deputy Collector as may

be designated by the Government by

notification in the Official Gazette may

compound any offence punishable under this

Act or Rules made thereunder on payment

by a person who is suspected to have

committed such offence to the Government,

such sum not less than rupees fifty thousand

and not exceeding rupees one lakh.

(2) On payment of such sum under sub-

section (1) no further proceedings shall be

taken against the offender.

9. Court competent to take cognizance and

try offences.— No Court other than the Court

of a Judicial Magistrate First Class shall take

cognizance of, and try an offence under this

Act.

10. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against the Competent

authority or any person for anything which

is in good faith done or intended to be done

under this Act or rules made thereunder.

11. Power to make rules. — (1) The

Government may by notification in the Official

Gazette make rules to carry out the purposes

of this Act.

(2) In particular and without prejudice to

the generality of foregoing power, such rules

may provide for,—

(a) form of application and fees under

sub-section (3) of section 3;

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22ND SEPTEMBER, 2021

1417

(b) form of undertaking under sub-

section (3) of section 3;

(c) form of film shooting permission under

sub-section (3) of section 3;

(d) manner for granting of film shooting

permission under sub-section (4) of section

3;

(e) procedure for seizure under sub-

section (5) of section 3;

(f) extent and manner of payment of

compensation by the Government under

sub-section (1) of section 4;

(g) a sum for composition of offence

under sub-section (1) of section 8;

(h) any other matter which is to be or

may be prescribed.

12. Power to remove difficulty.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by order published in the Official Gazette

make such provisions, not inconsistent with

the provisions of this Act as appear to it to be

necessary or expedient for removing the

difficulty:

Provided that no such order shall be made

after the expiry of the period of two years

from the date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the State Legislature.

Secretariat,

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 22-09-2021.

Government of Goa,

Law Department

(Legal Affairs).

———ttt———

Department of Transport

Directorate of Transport

___

Notification

D.Tpt/Subs/01/Reimbursement Scheme/

2021/2427

Read:

Notification D.Tpt/Subs/01/Reimbur-

sement Scheme/2021/1313 dated

25-05-2021.

The Government of Goa is pleased to

amend clause 4 and 6 in the scheme the “Goa

State Public Transport Reimbursement of cost

of Digital Fare Meter 2021.”

i. The clause 4 may be read as “Quantum

of reimbursement.— The scheme provides

for reimbursement of cost of device

(inclusive of cost of backend service and

Data charges for first year) of Digital type

with printer, GPS and panic button

amounting to Rs. 11,234/- (Rupees eleven

thousand two hundred thirty four only).”

Instead of

Clause 4. Quantum of reimbursement.—

The scheme provides for reimbursement

of cost of the device of Digital meter with

printer and Global Positioning System (GPS)

tracking device of Rs. 8,579 or actual cost

of devise whichever is less.

Explanation: Cost of devise exclude data

charges, Backend Service Charges, AMC etc.

ii. The clause 6 may be read as

“Disbursement of subsidy:-

a. The amount of Rs. 11,234/- will be

reimbursed directly to the individual

beneficiary account in one installment

after installation of fare meter and

submission of the application alongwith

documents to the Transport Department.

b. For those individual vehicle owners

who have already been sanctioned the

1st installment of Rs. 4,290/- as per the

scheme prior to this amendment the

balance amount of Rs. 6944/- will be

reimbursed.

c. The Director of Transport is autho-

rised to sanction the reimbursements

amount for eligible claims.”

Instead of

Clause “6. Disbursement of subsidy.—

The amount will be reimbursed to the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 25

(EXTRAORDINARY No. 3)

22ND SEPTEMBER, 2021

1418

vehicle owners in two installments. First

instalment of Rs. 4290/- after three weeks

from the date of installation and operation

of Digital meter and the remaining

Rs. 4289/- after one year after renewal of

the yearly data charges and furnishing of

proof to this effect.”

All other terms and conditions remains

unaltered.

This scheme is amended as per decision

taken on the item/s in the LIVth Cabinet

Meeting of the Council of Minister held on

09-09-2021.

By order and in the name of the

Governor of Goa.

Rajan Satardekar, Director of Transport &

ex officio Addl. Secretary.

Panaji, 22nd September, 2021.

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