1559
Panaji, 7th October, 2021 (Asvina 15, 1943)
SERIES I No. 28
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
NOTE
There are four Extraordinary issues to the Official Gazette, Series I No. 27 dated 30-9-2021, namely:—
(1) Extraordinary dated 30-9-2021 from pages 1531 to 1546, Department of Finance (R&C), Notifications regarding
framing of Lottery Scheme and GST.
(2) Extraordinary (No. 2) dated 1-10-2021 from pages 1547 to 1550, Department of Home, Notification No. 21/2 2013-
-HD(G)/3495 regarding amendment of Notification dated 9-10-1995.
(3) Extraordinary (No. 3) dated 1-10-2021 from pages 1551 to 1552, Department of Finance, Notification No. 5-2-2021-
-Fin(DMU) regarding Market Borrowing Programme.
(4) Extraordinary (No. 4) dated 6-10-2021 from pages 1553 to 1558, Department of Finance (R&C), Notifications
regarding GST.
INDEX
Department
Order/Notification/Addendum
Subject
Pages
1
2
3
4
1.
Environment & C C
Add.- 5/20/87-STE/DIR/
—
1560
Dir. & ex officio Joint Secy.
/Part VII/640
2.
Fisheries
Not.-DF/GB/GROUP/
Discontinuation of PMSBY
1562
Dir. & ex officio Joint Secy.
INSURANCE/2021-22/3285
3.a. Goa Legislature Secretariat
LA/LEGN/2021/827
The Goa Waste Management (Amendment)
1562
Bill, 2021.
b. —do—
LA/LEGN/2021/855
The Goa Co-operative Societies (Amendment)
1563
Bill, 2021.
c. —do—
LA/LEGN/2021/856
The Goa Panchayat Raj (Amendment) Bill, 2021. 1580
d. —do—
LA/LEGN/2021/857
The Goa Agricultural Tenancy (Amendment)
1585
Bill, 2021.
e. —do—
LA/LEGN/2021/860
The Goa Bhumiputra Adhikarini Bill, 2021.
1589
5.
New & Renewable Energy
Not.- 1-2/Admin/NRE/
Revised Scheme for promotion of Grid
1592
Dir. & ex officio Joint Secy.
/21-22/118
Connected Solar Rooftop System with NET
Metering 2021-22.
6.a. Public Health
Ord.- 5/30/2018-IV/
Revision of Fees for MDS Courses in Goa
1596
Under Secretary
/PHD/1815
Dental College & Hospital.
b. —do—
Corri.- 4/2/2012-II/PHD/1828
—
1596
7.a. Revenue
Not.- 22/21/2008-RD
Establishment of Project Affected Persons
1596
Under Secretary
(Part III)/8670
Disputes Redressal Authority.
b. —do—
Not.- 35/4/2017-RD/8674
Goa Payment of Duty by e-challenge Payment
1597
Facility Rules, 2021.
8.
Transport
Ord.- D.Tpt/EST/2005/1643/
Re-designation of Post.
1598
Dir. & ex officio Joint Secy.
2021/2542
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1560
GOVERNMENT OF GOA
Department of Environment &
Climate Change
——
Addendum
5/20/87-STE/DIR/Part VII/640
Read:- 1) Notification No. 5/20/87-STE/
/DIR/Part VII/591 dated 09th
September, 2020 published in
Official Gazette, Series I No. 25
dated 17-09-2020.
2) Notification No. 5/20/87-STE/DIR/
Part VII/1138 dated 07th January,
2021
published
in
Official
Gazette, Series II No. 42 dated
14-01-2021.
3) Corrigendum & Addendum No. 5/
/20/87-STE/DIR/Part
VII/1437
dated 04th March, 2021 published
in Official Gazette, Series I No. 50
dated 11-03-2021.
4) Addendum
No.
5/20/87-
-STE/DIR/Part
VII/577
dated
16-09-2021 published in Official
Gazette, Series I No. 26 dated
23-09-2021.
In exercise of the powers conferred by sub-
-section 3(A) of section 12 of the Water
(Prevention and Control of Pollution) Act, 1974
(Central Act 6 of 1974) and in supersession of
Addendum read above at (4), the Goa State
Pollution Control Board (GSPCB), with the
approval of the Government of Goa; hereby
makes the following amendment rules so as
to regulate the recruitment to various
technical and non technical posts in the Goa
State Pollution Control Board, namely:—
1. Short title, application and commence-
ment.— (i) These rules may be called the Goa
State Pollution Control Board, Group ‘A’, ‘B’,
‘C’ and ‘D’ posts, Recruitment (Second)
(Amendment) Rules, 2021 (hereinafter
referred to as ‘these rules’).
(iii) they shall come into force from the date
of their publication in the Official Gazette.
2. Amendment to Schedule to the Goa State
Pollution Control Board, Group ‘A’, ‘B’, ‘C’ and
‘D’ posts, Recruitment Rules, 2020.— (1)
Addition of 03 posts of Drivers (HMV)
cum Operator for CAAQMS and new
Sr. No. 34(a) namely:—
After Serial No. 34 and before Sr. No. 35,
new Serial No. 34(a) has been inserted and
added to the existing Schedule to the Goa
State Pollution Control Board, Recruitment
Rules, 2020 as annexed hereto.—
By order and in the name of the
Governor of Goa.
Dasharath Redkar, Director/ex officio Joint
Secretary (Environment & Climate Change).
Panaji, 30th September, 2021.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1561
SCHEDULE
(Please See Rule No. 3 and 4)
Name/
/desig-
nation of
post
Age limit
for direct
recruits
Period of
probation, if
any
Method of
recruitment,
whether by direct
recruitment or
by promotion
or by deputation/
/absorption,
transfer/contract
and percentage
or the vacancies
to be filled by
various methods
In case of recruit-
ment by promotion/
/deputation/
/absorption,
transfer, grades
from which
promotion/
/deputation/
/absorption,
transfer is
to be made
Educational
and other qualifica-
tion required for
recruits
Classifi-
cation
Whether age & educational
qualification prescribed for the
direct recruits will apply in the
case of promotees
Number
of
posts
Scale of
Pay
If a
D.P.C.
exists,
what is its
compo-
sition
Whether
selection
post or
non-
-selection
post
Serial
No.
ADMINISTRATION SECTION
03 (three)
Subject to
variation
depending
on work
load.
Selec-
tion.
Group
‘C’.
Rs. 5200-
20200
+2800.
Not
exceeding
40 years
(relaxable
for
Govern-
ment
servants/
working in
Govt.
Institu-
tions/
recognised
Govt.
Undertak-
ing/
Registered
societies
upto 5
years).
Age: No
Qualifi-
cation:
To the
extent
indi-
cated in
column
No. 12.
Two
years.
By
promotion
failing
which by
direct
recruitment.
Driver
(HMV)
cum
Operator
for
CAAQMS.
Promotion of Light
Vehicle Driver of the
Board with atleast 5
years experience in the
grade and possessing
Heavy Vehicle Driving
licence.
Group
‘C’,
D.P.C.
Essential:
(1) Middle School or
equivalent
qualifications.
(2) Driving Licence
for heavy vehicle.
(3) Unblemished
experience
of
atleast three years
in the line.
(4) Knowledge of
Konkani.
Desirable:
(1) Knowledge of
Marathi.
34(a).
1
2
3
4
5
6
7
8
9
10
11
12
13
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1562
Department of Fisheries
Directorate of Fisheries
——
Order
DF/GB/GROUP/INSURANCE/
/2021-22/3285
Ref. Notification No. DF/GB/PMSBY/2018-9
published in the Official Gazette, Series I
No. 15 dated 12-07-2018.
Sub.: “Pradhan Mantri Suraksha Bima
Yojana” (PMSBY).
The approval of the Government of Goa is
hereby conveyed to discontinue the scheme
called “Pradhan Mantri Suraksha Bima
Yojana” (PMSBY), notified vide Notification
No. DF/GB/PMSBY/2018-9 dated 11th July,
2018 which is published on Official Gazette,
Series I No. 15 dated 12th July, 2018 from
financial year 2021-22.
This order is issued with the approval of
the Government vide their U.O. No.
1400031077 dated 03-09-2021.
By order and in the name of Governor of
Goa.
Dr. (Smt.) Shamila Monteiro, Director &
ex officio Joint Secretary (Fisheries).
Panaji, 20th September, 2021.
———ttt———
Goa Legislature Secretariat
–––
LA/LEGN/2021/827
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 Waste Management
(Amendment) Bill, 2021
(Bill No. 29 of 2021)
A
BILL
to amend the Goa Waste Management
Corporation Act, 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, extent and commencement.—
(1) This Act may be called the Goa Waste
Management (Amendment) Act, 2021.
(2) It shall come into force at once.
2. Amendment of section 1.— In section 1
of the Goa Waste Management Corporation
Act, 2016 (Goa Act 19 of 2016), (hereinafter
referred to as the “principal Act”), for the
expression ““The Goa Waste Management
Corporation Act, 2016””, the expression “the
Goa Waste Management Act, 2016” shall be
substituted.
3. Amendment of section 2.— In section 2
of the principal Act, for clause (e), the
following clause shall be substituted,
namely:—
(e) “ Corporation” means the Goa Waste
Management Corporation established
under section 3;”.
Statement of Objects and Reasons
The Bill seeks to omit the word
“Corporation” from the short title of the Goa
Waste Management Corporation Act, 2016
(Goa Act 19 of 2016) and also rectify the
definition of the term “Corporation”,
occurring in section 2(e) of the said Act.
This Bill seeks to achieve the above objects.
Financial Memorandum
No financial implications are involved in
this Bill.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1563
Memorandum Regarding Delegated
Legislation
No delegated legislation is involved in this
Bill.
Porvorim-Goa.
MICHAEL LOBO
Dated: 16-07-2021.
Minister for Science,
Technology
and Waste Management
Assembly Hall,
NAMRATA ULMAN
Porvorim-Goa.
Secretary to the Legislative
Dated: 16-07-2021.
Assembly of Goa.
ANNEXURE
Extract of section 1 (1) and section 2(e) of the
Goa Waste Management Corporation Act, 2016
1. Short title, extent and commencement.— (1)
This Act may be called “The Goa Waste
Management Corporation Bill, 2016”.
2. Definitions.— In this Act, unless the context
otherwise requires,–
(e) “Corporation” means the Goa Waste
Management Corporation established under
section 3 of the companies Act.
Porvorim-Goa.
MICHAEL LOBO
Dated: 16-07-2021.
Minister for Science,
Technology
and Waste Management.
Assembly Hall,
NAMRATA ULMAN
Porvorim-Goa.
Secretary to the Legislative
Dated: 16-07-2021.
Assembly of Goa.
________
LA/LEGN/2021/855
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 CO-OPERATIVE SOCIETIES
(AMENDMENT) BILL, 2021
(Bill No. 45 of 2021)
A
BILL
further to amend the Goa Co-operative
Societies Act, 2001 (Goa Act 36 of 2001).
BE it enacted by the Legislative Assembly
of Goa in the Seventy-second Year of Republic
of India as follows:—
1. Short title and commencement.— (1) This
Act may be called the Goa Co-operative
Societies (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 2.— In section 2
of the Goa Co-operative Societies Act, 2001
(Goa Act 36 of 2001) (hereinafter referred to
as the “principal Act”),—
(i) clause (1) shall be re-numbered as
clause (1A) and before clause (1A) as so
re-numbered, the following clause shall be
inserted, namely:—
“(1) “Administrative Secretary” means
Secretary
Co-operation
to
the
Government of Goa;”;
(ii) clause (38a) shall be re-numbered as
clause (38b) and before clause (38b) as so
re-numbered, the following clause shall be
inserted, namely:—
“(38a) “Reconciliator” means a
Reconciliator appointed by the Registrar
under sub-section (1) of section 113A on
the panel of Reconciliators;”.
3. Amendment of section 4.— In section 4
of the principal Act, after sub-section (2), the
following sub-section shall be inserted,
namely:—
“(3) The Registrar may, with prior
approval of the Government, appoint a
person having experience in the field of
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1564
banking, management, finance, accounts,
audit, human resource or specialization in
any other field relating to the objects and
activities
undertaken
by
the
Co-operative societies, to assist him in
deciding the matters, on such terms and
conditions as may be decided by the
Government.”.
4. Insertion of new section 20B.— After
section 20A of the principal Act, the following
section shall be inserted, namely:—
“20B. Deposit Protection Scheme.— (1)
The Government may, by notification in the
Official Gazette, frame Scheme called
Deposit Protection Scheme.
(2) Every co-operative credit society and
other co-operative societies having credit
business, shall register themselves under
such Deposit Protection Scheme and pay
such contributions, so as to secure deposits
of its depositors and members and take
such other measures, as specified in the
Scheme.
(3) The Co-operative societies referred
in sub-section (2) shall renew the
registration under such deposit protection
scheme by making payment of annual
renewal fees as specified in such scheme.
(4)
All
sums
received
towards
registration fees, annual renewal fee and
contributions shall form part of a fund to
be called Deposit Protection Fund as may
be constituted under the Deposit Protection
Scheme.
(5) The Government shall appoint an
authority to be the custodian of such
Deposit Protection Fund who shall be
vested with such powers as may be
specified in the Deposit Protection scheme.
(6) The co-operative societies referred in
sub-section (2) shall appoint Chief
Executive who shall ensure that the
registration of such co-operative societies
under deposit protection scheme is timely
done and renewed. Failure to renew the
registration on the part of Chief Executive
shall constitute an offence under section
118 of this Act.
Provided that a co-operative credit
society may also formulate an additional
deposit protection scheme of it’s own with
prior approval of the Registrar, for securing
the deposits of its depositors.
5. Amendment of section 32.— In section
32 of the principal Act,—
(i) in sub section (2) for the words “A
Society” the words “The chief executive
or any one of the office bearer” shall be
substituted;
(ii) after sub-section (2), the following
sub-sections shall be inserted, namely:—
“(3) In the event of failure on the part
of the Chief Executive or the office bearer
to provide the information under sub-
section (2), the aggrieved member may
file an appeal before the Assistant
Registrar. The Assistant Registrar after
hearing both the parties shall pass an
order within 30 days from the date of
filing such appeal.
(4) Any member who, does not
receive any order within the time
specified in sub-section (3) or is
aggrieved by an order of the Assistant
Registrar, may within a period of sixty
days from the date of request under sub-
section (2) or within a period of thirty
days from the date of order, prefer a
second appeal to the Deputy Registrar.
(5) Where the Deputy Registrar at the
time of deciding such appeal is of the
opinion that the chief executive or office
bearer, as the case may be has, without
any reasonable cause, refused to receive
an application for information or has not
furnished information within the time
specified under sub-section (2) or
malafidely denied the request for
information or knowingly given incorrect,
incomplete or misleading information or
destroyed information which was the
subject of the request or obstructed in
any manner in furnishing the information,
shall impose on the Chief Executive or
the office bearer, as the case may be, a
penalty of rupees two hundred and fifty
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1565
for each day of delay from the date of
expiry of a period of 30 days from the
date of application seeking information
till the information is provided or such
amount of penalty as may be decided by
the Deputy Registrar in case of
destruction of information, so however,
the total amount of such penalty shall
not
exceed
rupees
twenty-five
thousand.”.
6. Substitution of section 41.— For section
41 of the principal Act, the following sections
shall be substituted, namely:—
“Restriction on borrowings.— (1) A
society shall receive deposits and loans
from members and other persons, only to
such extent, and under such conditions,
as may be prescribed:
(2) The total amount of deposits received
and/or loans raised during any financial
year shall not exceed ten times of the paid
up share capital, reserve fund, building
fund
and
accumulated
profit
less
accumulated loss, if any, of the society:
Provided that, with prior written approval
of the Registrar, the society may enhance
the limit of borrowings upto twenty-five
times of it’s paid-up share capital, reserve
fund, building fund and accumulated profit
less accumulated loss, if any further
subject to the condition that the society
fulfils all the financial parameters of a
healthy co-operative credit society as
provided under section 76 C.
(3) A mutually aided society shall not
accept share capital from the Government
but may accept other funds or guarantee
from the Government on such terms and
conditions as are mutually agreed upon
through a memorandum of understanding.
(4) A society may accept funds from the
Government or other financing institution
on such terms and conditions as are
mutually contracted upon. Such conditions
may include the right of the Government
or other financier to nominate its
representative on the board of directors of
the society, subject, however, to the
restriction that such representative shall
have the right to vote in the meetings of
the society. Such right to vote of nominated
director shall however be restricted only
on the subject matter of advice and on any
financial matters going against society.
Such nominated director shall also have
the right to put dissent which shall be duly
recorded in the minutes of the meeting of
the Board of Directors.”
7. Omission of section 51.— Section 51 of
the principal Act, shall be omitted.
8. Amendment of section 52.— In section
52 of the principal Act, in sub-section (2),—
(i) for clause (c), the following clause
shall be substituted, namely:—
“(c) Not less than 2% with a maximum
limit of rupees fifty thousand towards
contribution
to
the
Co-operative
Development Fund which shall be
transferred
to
the
Co-operative
Development Fund as maintained by the
Registrar of Co-operative Societies within
three months after the close of the
co-operative year;”
(ii) after clause (c), the following proviso
shall be inserted, namely:-
“Provided that the Registrar may with
the prior approval of the Government
transfer such Co-operative Development
Fund or part thereof to the Goa State Co-
operative Union or any other Institution for
the purpose of providing education and
training in the Co-operation.”.
9. Amendment of section 58.— In section
58 of the principal Act, in sub-section (3),—
(i) the existing clause (k) shall be re-
numbered as clause (m);
(ii) after clause (j), the following clauses
shall be inserted, namely:—
“(k) acquisition of an immovable
property involving an amount of rupees
twenty lakhs and above by following the
codal formalities and the guidelines
issued by the Registrar, subject to the
funds being provisioned in the building
OFFICIAL GAZETTE — GOVT. OF GOA
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7TH OCTOBER, 2021
1566
fund, and, or by way of funds raised by
voluntary contribution received from
share holders without expecting any
returns;
(l) disposal of immovable property
involving an amount of rupees twenty
lakhs and above as per the guidelines
issued by the Registrar from time to
time.”.
10. Amendment of section 59.— In section
59 of the principal Act, in sub-section (4), the
following provisos shall be inserted,
namely:—
“Provided that till the seats of reserved
categories are not filled such reserved seats
shall not be counted as members of Board
of directors or for quorum of its meeting;
Provided further that if for any reason, a
full-fledged board could not be constituted,
it shall be competent for the Registrar to
appoint remaining directors on the board
by granting relaxation to the eligibility
criteria and such appointment shall be co-
terminous with the elected board.”.
11. Amendment of section 59A.— In section
59A of the principal Act, in sub-section (6),
after the existing proviso, the following
proviso shall be inserted, namely:—
“Provided further that when there is an
equality of votes, the motion shall be
deemed to have lapsed.”.
12.
Substitution of section 61.— For
section 61 of the principal Act, the following
section shall be substituted, namely:—
“61. Disqualification of all directors of the
Board.—
Notwithstanding
anything
contained in the foregoing section, all the
directors of the board shall incur
disqualification not exceeding six years as
may be decided by the Registrar after
giving an opportunity of being heard, if
during their term as directors of the
society,—
(a) they did not conduct the annual
general meeting within six months of
closure of the society’s accounting year;
(b)
they
did
not
conduct
a
requisitioned general meeting within the
specified time;
(c) they did not place the audited
accounts for the preceding co-operative
year before the general body at its annual
general meeting;
(d) they willfully allow any of the
disqualified directors to continue on the
board;
(e) they did not file the returns within
stipulated time as provided under section
81;
(f) they are held responsible for not
providing the information as required
under section 32 of the Act:
Provided that if it is proved that the
aforesaid omission or commission was with
the consent or connivance of or is attributed
to any gross negligence on the part of any
Auditor, director, Chief Executive, Managing
Director or any other officer of the society,
such Auditor, Director, Chief Executive,
Managing Director or any other officer of the
society shall be guilty and shall be liable for
disqualification or misconduct, as the case
may be and for penalty which shall not be
less than rupees one hundred but not
exceeding rupees twenty-five thousand.”.
13.
Amendment of section 62.— In section
62 of the principal Act, in sub-section (1), for
clause (i) the following clause shall be
substituted, namely:—
“(i) acquire or dispose of immovable
property of value not exceeding rupees
twenty lakhs;”;
14. Amendment of section 66.— In section
66 of the principal Act, in sub-section (5),—
(i) the expression “and office bearers”
shall be omitted;
(ii) after sub-section (5), the following
proviso shall be inserted, namely:—
“Provided that, in case of co-operative
housing society and Self Help Group
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1567
members not exceeding two hundred
and in the case of panivatap societies,
primary dairy co-operative societies and
resource societies having working capital
less than Rupees fifty lakhs, the elections
of the Board or committee shall be
conducted by such societies in the
General Body before the expiry of the
term of office of the members of the
outgoing board, in accordance with the
rules as prescribed”.
(iii) for sub section (6), the following sub-
section shall be substituted, namely:—
“(6) The election of the office bearers,
except in case of co-operative housing
societies and self help groups having not
more than two hundred members
and panivatap societies, primary dairy
co-operative societies and the resource
societies having working capital less
than rupees fifty lakhs, shall be
conducted by the authorized person/
authority/body within thirty days from
the date of declaration of the result of
the election to the board:
Provided that the election of office
bearers of co-operative housing societies
and self help group not more than two
hundred members may be conducted in
the first board meeting of the newly
elected board as per the rules as
prescribed:
Provided further that subsequent
vacancy or vacancies on the board
caused due to retirement, resignation,
death etc. shall be filled by election of
new office bearer by remaining directors
as per provisions of bye-laws of the
societies:
Provided also that in all such cases
where the elections are held by the
society and not by the authorized person
appointed by the Registrar a copy of the
proceeding of the meeting conducting
of such elections shall be mandatorily
required to be submitted to the Assistant
Registrar.”.
15. Amendment of section 67.— In section
67 of the principal Act, for sub-section (1),
the following sub-section shall be substituted,
namely:—
“(1) Where there is a vacancy or
vacancies on the board of directors, the
remaining directors may exercise all the
powers of the board or may fill the
vacancies on the board by co-option for
the remainder of the term from eligible
persons out of the same class of members
in respect of which the casual vacancy has
arisen, if such vacancies are not more than
one-third of the total number of directors
of the board and the term of office of the
board is less than half of its original term.”.
16. Amendment of section 67A.— In section
67A of the principal Act, after sub-section
(3), the following sub-section shall be
inserted, namely:—
“(4) The Registrar may fix the
remuneration payable to the administrator
which shall be paid from the funds of the
society”.
17. Amendment of section 68.— In section
68 of the principal Act, sub-sections (3) and
(4) shall be omitted.
18. Amendment of section 69.— For section
69 of the principal Act, the following section
shall be substituted, namely:—
“69. Directions by the Registrar for
successful conduct of business.— (1) The
Registrar may, from time to time, issue such
directions or directives to a co-operative
society or a class of co-operative societies
as he considers necessary for successful
conduct of business, in the interest of
shareholders and all matters incidental
thereto and such directions or directives
shall be binding on them.
(2) In case of failure to comply with
direction issued under sub-section (1), the
Registrar may, by order,—
(a) if such defaulter is a member of
the committee of the society, remove the
member from the committee and appoint
any other person as a member of the
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committee for the remainder of the term
of his office and declare him to be
disqualified to be such member for a
period not exceeding six years from the
date of the order;
(b) if such defaulter is an employee of
the society, by order direct the
committee to remove such person from
employment of the society forthwith, and
if any member or members of the
committee, without any good reason or
justification, fail to comply with such
order, remove the member or members
of the committee and appoint any other
person as members and declare him
disqualified as provided in clause (a):
Provided that, before making any such
order under this sub-section, the
Registrar shall give a reasonable
opportunity of being heard to the person
concerned.
(3) The Registrar may, on representation
made to him or on his own motion, modify
or cancel any direction issued under sub-
section (1), and in so modifying or
cancelling any direction may impose such
conditions as he may think fit, subject to
which the modification or cancellation shall
have effect.
(4) Any person aggrieved by the decision
of the Registrar, may prefer an appeal to
the Secretary (Co-operation) to the
Government within thirty days from such
decision.”.
19. Amendment of section 73.— In section
73 of the principal Act, after sub-section (4),
the following sub-section shall be inserted,
namely:—
“(5)Where the society fails to comply
with provision contained in sub-section (4),
the society shall be liable for a fine which
shall not exceed rupees five hundred per
day till such society complies with the
provisions of sub-section (4). The fine so
imposed shall be paid by the offenders
within 30 days from the date of passing of
order. All such fine so imposed if not paid
within specified time, shall be recovered
as arrears of land revenue.”.
20. Amendment of section 74.— In section
74 of the principal Act, in sub-section (2),—
(i) after the expression “or having
working experience of atleast ten years in
co-operative Audit.” The expression “The
panel of auditors so constituted by the
Registrar shall be renewed after every
three years with due consent of the
concerned Chartered Accountants and
certified auditors on payment of such
renewal fees as may be prescribed.” shall
be inserted.
(ii) for sub-section (2) the following
proviso shall be inserted, namely:—
“Provided that before constituting the
panel of auditors, the Registrar may call
for the applications from the Chartered
Accountant and Certified Auditors for
being appointed on the Panel of
Auditors.”;
(iii) in sub-section (4), for the existing
proviso, the following provisos shall be
substituted, namely:—
“Provided that the Registrar may in
any particular case, extend the aforesaid
period by such period as he may
consider necessary where he is satisfied
that such extension shall be in the
interest of the society:
Provided further that in the event of
pendency of audit, the Registrar shall
appoint an auditor from the panel of
auditors constituted under sub-section
(2) and cause the audit.”;
(iv) for sub-section (5), the following sub-
section shall be substituted, namely:-
“(5) The audit fees payable to the
auditors enlisted on the panel of auditors
shall be fixed by the Registrar with the
approval of the Government.”.
(iv) after sub-section (8), the following
sub-section shall be inserted, namely:—
“(9)
Notwithstanding
anything
contained in this section and section 75
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in case of housing co-operative society
and self help group having membership
not exceeding two hundred members
and panivatap society, primary dairy co-
operative society and service resource
society having working capital less than
Rupees fifty lakhs, the Chief executive of
such society shall prepare the statement
of accounts or audit report and submit
to the Board. The Board shall discuss in
its meeting the statement of accounts
and the audit report so submitted by the
Chief executive and record its approval
and within six months from the close of
the co-operative year place such
statement of accounts and the audit
report before the general body for its
approval. The Chief executive while
preparing the statement of accounts and
audit report shall exercise all due
diligence and exercise the powers and
duties of the auditor as specified under
section 75 of the Act:
Provided that in all such cases where
the annual statement of accounts and
audit report is prepared by the Chief
executive, after due approval by the
General Body, a copy of such audit report
or the statement of accounts shall be
submitted to the Assistant Registrar for
scrutiny:
Provided
further
that
any
discrepancies or shortcomings pointed
out by the Assistant Registrar on such
statement of accounts or audit report
shall be made good by the Board of
Directors of such society. Any audit
compliances in such statement of
accounts or audit report shall be placed
before the General Body and a copy of
the action taken on such audit
compliances shall be submitted to the
Assistant Registrar.”.
21. Amendment of section 75.— In section
75 of the principal Act, for sub-section (8) the
following sub-section shall be substituted,
namely:—
“(8) In the event of mismanagement,
misappropriation of society’s funds, the
auditor shall file special report to the
Registrar, failing which, he shall be held
responsible for willful omission or failure
to report to the Registrar which shall
constitute an offence under section 118 of
this Act.”
22. Amendment of section 76A.— In section
76A of the principal Act, after sub-section
(5), the following sub-section shall be
inserted, namely:—
“(6) In case the complaint is found to be
false or frivolous, the cost and expenses of
the inquiry or inspection initiated under
sub-section (2) of section 76 A shall be
borne by such person on whose complaint
such inquiry or inspection is conducted.”
23. Insertion of new sections 76B to 76G.—
After section 76A of the principal Act, the
following sections shall be inserted,
namely:—
“76B. Inspection and scrutiny of
co-operative credit society and other
co-operative societies engaged in credit
business.— (1) Notwithstanding anything
to the contrary contained in section 76A of
the Act, the Registrar shall at least once in
a financial year, cause an inspection of
books of accounts of co-operative credit
society or other co-operative societies
engaged in credit business, by an officer
not below the rank of Co-operative Officer
with the assistance of one or more Senior/
Junior Inspector if required. The inspector
shall provide to the society, a copy of its
report on such inspection.
Explanation: For the purpose of this
section,—
(i) “Co-operative officer” means a person
appointed as Co-operative Officer by the
Registrar.
(ii) “Senior/Junior auditor” means person
appointed as Senior/Junior auditor by the
Registrar.
(2) Notwithstanding anything to the
contrary contained in any other State law
for the time being in force and without
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prejudice to the provisions of sub-section
(1), the Registrar may at any time, cause a
scrutiny to be made by an officer not below
the rank of Co-operative Officer and if
required with the assistance of one or more
Senior/Junior Inspectors; of the affairs of
any co-operative credit society or other
society and its books of accounts. A copy
of the report of the scrutiny shall be
furnished to the co-operative credit society
or other society, if such society makes a
request for the same or if any adverse
action is contemplated against such society
on the basis of the scrutiny.
(3) It shall be the duty of every Director
or other officer or employee of the co-
operative credit society or other society, as
the case may be, to produce before any
officer making an inspection under sub-
section (1) or a inquiry under sub-section
(2), all such books of accounts and other
documents in his custody or power and to
furnish him with any statements and
information relating to the affairs of such
society as the said officer may require
within such time as such officer may
specify. Any person making an inspection
under sub-section (1) or a inquiry under
sub- section (2) may obtain written
statement of any Director or other officer
or employee of the co-operative credit
society or other society in relation to its
business.
(4) The Registrar, after considering the
report if he is of the opinion that the affairs
of such society are being conducted to the
detriment of the interests of its depositors,
he may,—
(a) prohibit the society from receiving
fresh deposits;
(b)
prohibit
the
society
from
advancing fresh loans or reduce the loan
sanctioning limit;
(c) issue direction to reduce the
administrative and capital cost;
(d) issue such other direction as he
may deem fit in the interest of such
society in particular and members at
large;
(e) if the Registrar is satisfied that the
inspection report reveals serious
financial or administrative irregularities
or violation of the provisions of the Act,
Rules, Bye-laws or any guidelines or
notification or if he is satisfied that the
financial or administrative affairs of the
society are managed in a manner
detrimental to the interest of the
members, he shall recover such sum of
money equivalent to the loss caused to
the
society
from
every
person
responsible for causing such loss and
such act shall constitute offence in terms
of section 118 of this Act.;
(f) direct to amalgamate, merge with
other society or may order for liquidation
for winding up of its affairs:
Provided that the Registrar after
assessing the financial position of such
society, may cancel or modify or relax
any such order passed under clause (a),
(b), (c) or (d) of sub-section (4) upon such
terms and conditions as he may deem
fit.
76C.
Ailing
Co-operative
Credit
societies.— (1) For the purposes of this
section an Ailing Co-operative credit
society shall mean a Co-operative credit
society and such other co-operative
societies engaged in the business of credit
which does not fulfill any of the financial
parameters specified in sub-section (2) to
qualify to be a financially healthy co-
operative society:—
(2) A financially healthy co-operative
credit society means a co-operative credit
society which fulfills the following financial
parameters, namely:—
(A) Resources— The collective wealth
of a society or its means of producing
wealth or increasing its business. The
collective wealth of the cooperative credit
society is determined on the basis of the
following financial parameters
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(i) Share Capital: The funds raised by
the Cooperative Credit Society against
the shares allocated to its members. For
a financially healthy cooperative credit
society the share capital should be 5 %
of the total liabilities in the annual
balance sheet of such society.
(ii) Reserves and other funds: the
funds
created
out
by
way
of
appropriation of the net surplus or profits
earned. For a financially healthy
cooperative credit society the total
reserves and other such funds as are
provided in section 52 of this Act shall
be in the proportion of 6 % of the total
liabilities in the annual balance sheet of
such society.
(iii) Deposits and Borrowings: The total
deposits and borrowings of a financially
healthy cooperative credit society shall
be 84 % of the total liabilities in the
Annual Balance sheet of such society.
(iv) Other liabilities: A financially
healthy cooperative credit society may
have other liabilities resulting out of its
business operations, which may be
specified and the same shall be 3 % of
the total liabilities on the annual balance
sheet of such society.
(v) Net surplus: Net surplus or net
Profit of the financially healthy
cooperative credit society shall be 1 %
to 2 % of total liabilities in the annual
balance sheet of such society.
(vi) Non Performing Assets (N.P.A.): Net
N.P.A. of a healthy co-operative society
shall not exceed 10% of advances at any
point of time.
Explanation: “Non Performing Assets”
means assets which do not generate
income. In case any loan account, which
does not generate income for more than
180 days, it should be treated as non
performing assets.
(b) Utilization: The practical and effective
use of funds of the society as per the
directives of the Registrar or in accordance
with the Bye Laws and the business of the
society. The following financial parameters
shall determine the Utilization of the
cooperative credit society.
(i) Loans and Advances: The total
Loans and Advances extended by the
financially healthy Cooperative Credit
society shall be 70 % of the liabilities in
the balance sheet.
(ii) SLR: SLR or statutory liquidity ratio
is the minimum percentage of deposits
that a bank has to maintain in form of
gold, cash or other approved securities.
The Proportion of SLR for a financially
healthy cooperative credit society shall
be 20 % of the total deposits (i.e. 16.80 %
of the total liabilities).
(iii) CRR: CRR or Cash Reserve
Ratio refers to a certain percentage of
total deposits of the cooperative credit
society which is required to be
maintained in the form of cash reserve
with a central Bank. The Proportion of
CRR for a financially healthy cooperative
credit society shall be 5% of the total
deposits (i.e. 4.2 % of the total liabilities)
(iv) Fixed Assets: Land, buildings,
equipments or any assets which are
purchased by the society for term use
and are not likely to be converted quickly
into cash. For a financially healthy
cooperative credit society the total
liability on account of Fixed assets shall
be 4% of the total liabilities in the balance
sheet.
(v) Other assets: Means miscellaneous
assests that cannot be classified as
current assets, fixed assets or intangible
assets. For a financially healthy
cooperative credit society the total
liability on account of Fixed assets shall
be 5 % of the total liabilities in the annual
balance sheet.
(3) Where a Co-operative credit society
does not fulfill the financial parameters
as specified in sub-section 2, such
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co-operative credit society shall be
classified as ailing Co-operative credit
society. The Registrar shall direct the Board
of Directors of such ailing co-operative
credit society to submit detailed action plan
complying the requirements of financial
parameters as contained in sub-section (2)
above. The Registrar may suggest
measures to streamline the functioning of
such ailing societies and may also seek
assistance of any person appointed under
sub-section (3) of section 4 of this Act so
that such co-operative credit societies fulfil
the
specified
financial
parameters
confirming their financial health.
(2) The Registrar shall display on his
website a list of such ailing co-operative
credit societies for information of depositors
and general public.
76D. Inquiry into working of ailing co-
operative credit societies.— (1) The
Registrar may make such inquiry as he may
deem fit, to ascertain the financial
condition of the ailing co-operative credit
society, upon information received or upon
his own knowledge about such ailing co-
operative credit society.
(2) The Registrar may, if he deems
necessary or expedient so to do require by
order, the Deputy Registrar or any
subordinate officer to enquire into the
affairs of such ailing co-operative credit
society and make a report with respect to
matters as specified in the order.
(3) The Deputy Registrar or any
subordinate officer so appointed under sub-
section (2) above shall complete its inquiry
as expeditiously as possible and submit its
report to the Registrar within thirty days
from the date of such order:
Provided that the Registrar may extend
the said period upto fifteen days by
recording the reasons in writing.
(4) The Registrar shall conclude its
inquiry as expeditiously as possible and
pass final order suggesting the action for
such ailing co-operative credit society
within sixty days from the commencement
of the inquiry:
Provided that the Registrar may extend
the said period to ninety days with the
approval of Government, by recording the
reasons for such extension. An opportunity
of hearing shall be granted to such ailing
co-operative credit society and to present
their cases so also to comply with the
requirements of the financial parameters
as contained in sub-section (2) of section
76 C.
76E. Powers of the Registrar to make
suitable order on completion of inquiry of
an ailing Co-operative credit society.— (1)
The Registrar, after making an inquiry
under section 76D, by an order in writing,
decide whether it is practicable for the
ailing credit co-operative society to achieve
the financial parameters as contained in
sub-section (2) of section 76C within
reasonable time frame. The Registrar shall,
subject to such restrictions or conditions
as may be specified in the order, give such
time to the ailing co-operative credit society
to achieve the financial parameters.
(2) If the Registrar decides under sub-
section (1) that it is not practicable for an
ailing Co-operative Society to achieve the
financial parameters as contained in sub-
section 2 of section 76C, within a
reasonable time and that it is necessary or
expedient in the public interest to adopt
all or any of the measures specified in
section 76E in relation to the said ailing
co-operative credit society, he may, as soon
as may be, by order in writing, direct any
of his subordinate officer under whose
jurisdiction the society is functioning or
apex society specified in the order to
prepare such scheme as may be specified
in the order providing for measures in
relation to such ailing co-operative credit
society.
(3) The Registrar may,- (a) if order made
under sub-section (2) is not complied with
by the ailing co-operative credit society
concerned; or
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(b) if the ailing co-operative credit society
fails to revive in pursuance of the said order,
pass a fresh order in respect of such ailing
co-operative credit society.
(4) An appeal shall lie to the Secretary
(Cooperation) to the Government upon any
such order passed by the Registrar under
section 76 D or section 76 E within a period
of 30 days from the date of such order.
76F. Preparation and sanction of
schemes.— Where an order is made under
sub-section (3) of section 76D in relation to
any ailing co-operative credit society, the
subordinate
officer
under
whose
jurisdiction the society is functioning or
Apex society specified in the order shall
prepare as expeditiously as possible and
ordinarily within a period of sixty days from
the date of such order, a scheme in terms
of said order with respect to such ailing
co-operative credit society.
76G. Reference to the Government by the
Registrar.— The Registrar shall make an
annual report to the Government of ailing
co-operative credit societies with particular
reference
to
their
activities
and
suggestions, if any, for the strengthening
of such ailing co-operative credit
societies.”.
24. Amendment of section 79.— For
section 79 of the principal Act, the
following section shall be substituted,
namely:—
“79. Action on special audit or inquiry
report or inspection report.— On
communication of a special audit report
under sub-section (5) of section 76 or an
enquiry or inspection report under sub-
section (5) of section 76A or an inquiry
report under sub-section (5) of section
77 to the persons concerned, the
Registrar may, where the special audit
or inquiry report or inspection report
reveals mismanagement on the part of
any or all of the office bearers or
directors, without prejudice to any civil
or criminal proceedings to which they
may be liable, direct the board to
convene a general meeting within such
reasonable time as he may specify so as
to enable him to bring to the notice of
the general meeting, either directly or
through his nominee, the findings of the
special audit or inquiry report or
inspection report, for necessary action.”.
25. Amendment of section 82.— In section
82 of the principal Act,—
(i) in sub-section (2),—
(a) for the expression “The Registrar
or the person authorized by him”, the
expression “The Registrar or Registrar’s
Nominee or the person authorized by the
Registrar” shall be substituted;
(b) in the proviso, for the expression
“The Registrar shall not pass”, the
expression “The Registrar or Registrar’s
Nominee shall not pass” shall be
substituted.
(c) after the existing proviso, the
following provisos shall be inserted,
namely:-
“Provided further that the Registrar
or Registrar’s nominee shall not pass any
order of recovery under this section
unless the person against whom any
such order is passed is given an
opportunity of being heard;
Provided also that where any matter
is referred for decision to the Registrar’s
nominee or the person authorized by
him, the Registrar may, at any time,
withdraw such matter from such
nominee or person authorized by him
and may decide the matter himself, or
refer it again, for decision to any other
nominee or person to be authorized by
him.”.
26. Amendment of section 83.— In section
83 of the principal Act,—
(i) after sub-section (4), the following
sub-section shall be inserted, namely:-
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“(5) Where the Registrar is satisfied
that, any person against whom the order
has been passed under this section has
failed to comply with the directions, he
may impose a penalty of two hundred
and fifty rupees for each day of delay,
however, the total amount of such penalty
shall not exceed fifty thousand rupees.”;
(ii) in the Explanation 1, for the
expression “under the provisions of sub-
section (1)”, the expression “under the
provisions of sub-section (2)” shall be
substituted.
27.
Amendment of section 86.— In section
86 of the principal Act, for sub-section (3),
the following sub-section shall be substituted,
namely:—
“(3) Notwithstanding anything contained
in section 83, the Registrar may,—
(a) if he thinks fit, suspend
proceedings in regard to any dispute, if
the question at issue between a society
and a claimant or between different
claimants, is one involving complicated
questions of law and fact, until the
question has been tried by a regular suit
instituted by one of the parties or by the
society. If any such suit is not instituted
within two months from the date of
the Registrar’s order suspending
proceedings, the Registrar shall take
action as is provided in sub-section (1).
(b) on requisition from the society, and
with the approval of the Government and
subject to such conditions as he may
think fit to impose, appoint any
empanelled Registrar’s Nominee to
decide the matter. After being satisfied
that the matter referred to him or
brought to his notice is a dispute within
the meaning of section 83, shall subject
to the rules, decide the dispute.
(c) With the approval of Government,
by notification in the Official Gazette and
subject to such conditions as it may
think fit to impose, appoint a retired
officer not below the rank of Assistant
Registrar of Co-operative Societies
having working experience of at least
five years, to decide the disputes as
specified under section 83 of this Act and
to exercise such powers as specified in
the notification. The Officer so appointed
shall work under the general guidance,
supervision and control of the Registrar.”.
28. Amendment of section 91C.— In section
91C of the principal Act,—
(i) the word “resource”, shall be omitted;
(ii) after sub-section (3), the following
sub-section (4) shall be inserted, namely:—
“(4) The Collector shall exercise
powers as vested under the Goa Land
Revenue Code, 1968 (Act 9 of 1969) or
any law for the time being in force, until
the arrears due to the concerned society,
together with interest and any incidental
charges incurred in the recovery of such
arrears, are paid, or security for payment
of such arrears is furnished to the
satisfaction of the Registrar.”.
29. Amendment of section 91D.— In section
91D of the principal Act, in sub-section (1),
for the expression “an officer of a Federal
Institution duly empowered by him in this
behalf,” the expression “an officer of a Federal
Institution or Chief Executive as defined under
clause (9) of section 2, duly empowered by
him by special order,” shall be substituted.
30. Insertion of new sections 104A.— After
section 104 of the principal Act, the following
section shall be inserted, namely:-
“104A. Conversion of Co-partnership Co-
operative Housing Society.— (1) All the
existing co-partnership Co-operative
housing Societies shall be converted as co-
ownership co-operative housing societies
and shall be governed accordingly.
(2) All such co-partnership co-operative
housing societies being converted to co-
ownership co-operative housing society in
view of sub-section (1) above, shall adopt
the relevant byelaws of the Co-ownership
co-operative housing society, within a
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period of 30 days from the date of coming
into force of the Goa Co-operative Societies
(Amendment) Act, 2021:
Provided that, until such co-operative
housing society adopts the bye laws of co-
ownership co-operative housing society,
such co-operative society shall be governed
by existing bye laws.
(3) After conversion under sub-section
(1) the rights of the co-partnership Co-
operative housing societies shall stands
transferred, along with encumbrances and
liabilities, to the members of the Co-
ownership co-operative housing society
according to their proportionate shares.”.
104B. Enforcement of transfer of title.—
(1) Any existing member of such co-
operative housing society converted under
sub-section (1) of section 104A, may
produce the agreement for sale executed
with the promoter or the builder alongwith
the document of subsequent sale, if any, or
a share certificate issued by such
cooperative
housing
society
for
authentication by the Registrar.
(2) The Registrar, on receiving such
application, within reasonable time and in
any case not later than 6 months after
making
such
enquiry
as
deemed
necessary, may authenticate either the sale
agreement or share certificate and send a
copy of such authentication certificate
online to the registration officer appointed
under the Registration Act, 1908.
Explanation 1: The Registrar shall do a
limited inquiry to confirm the authenticity
of the sale agreement or share certificate
and in case of registered sale agreement
only the fact of registration to be confirmed.
Explanation 2: Any dispute relating to
title shall be dealt by the competent civil
court.
(3) After the authentication by the
Registrar, the document to be any member
of such cooperative society shall present
the document before the registration officer
appointed under the Registration Act, 1908,
for registration as a document under the
relevant provision of the Registration Act,
1908.”.
31. Amendment of section 111.— In section
111 of the principal Act, after sub section (2),
the following sub-section shall be inserted,
namely:-
“(3) Notwithstanding anything contained
in any other law for time being in force, no
complaint or dispute from any defaulting
member shall be entertained until the
default is made good.”.
32. Insertion of new section 113A.— After
section 113 of the principal Act, the following
section shall be inserted, namely:-
“113A.
Constitution
of
Panel
of
Reconciliators.— (1) The Registrar shall with
prior approval of the Government,
constitute a panel of Reconciliators from
amongst the persons having experience in
the field of law, banking, management,
finance, accounts, audit, human resource
or specialization in any other field relating
to the objects and activities undertaken by
the Co-operative Societies, and having their
office address within the State of Goa.
(2) Every Co-operative housing society
having more than five members shall
appoint in its General Body meeting a
Reconciliator
from
the
Panel
of
Reconciliators constituted under sub-
section (1).
(3) Any dispute or difference of opinion
arising amongst the members or any non
compliance or delay in compliance affecting
the members/society shall be referred to
such Reconciliator for decision.
(4) The Reconciliator shall hear the
matter referred to him under sub-section
(3).
(5) The Reconciliator shall after giving
an opportunity of being heard to all the
affected parties, pass an award which shall
be binding on all the parties to the dispute.
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(6) The Reconciliator shall complete
reconciliation proceedings as early as
possible, within a period of three months.
(7) Person aggrieved with the decision
of the Reconciliator may prefer appeal to
such authority as prescribed.
(8) The Reconciliator shall keep all the
records of the proceedings which shall
form part of the records of the society.
(9) Co-operative housing society or
member of such society or any person
affected by such society or managing
committee shall not approach the Registrar
or any judicial forum without exhausting
the remedy before the Reconciliator or the
failure is reported by the Reconciliator to
the board”.
(10) The fee of the Reconciliator shall be
such as may be notified by the Registrar
with prior approval of the Government and
the same shall be paid equally by the
parties to dispute or as may be ordered in
the order for costs subject to maximum
limits as notified.
33. Amendment of section 118.— In section
118 of the principal Act, after clause (g), the
following clause shall be inserted, namely:-
“(h) Board or employee or any officer of
co-operative societies fails to obey the
direction or instructions issued by the
Registrar in accordance with the Act.”.
34. Amendment of section 120.— In section
120 of the principal Act,
(i) in sub-section (3), for the expression
“concerned,”, the figure “ : ” shall be
substituted;
(ii) after sub-section (3), the following
provisos shall be inserted, namely:-
“Provided that the Registrar may
appoint an authority competent to
compound any offence under the
provisions of this Act.
Provided further that no prosecution
shall be carried out against any offender
under the provisions of this Act where
such offence is compounded by
imposition
of
penalty
by
such
compounding authority appointed by the
Registrar, on payment of such sum as
provided under the provisions of this Act
or as may be provided under section 119
of this Act to the Government, however,
such sum shall not, in any case, exceed
the maximum amount of the penalty
prescribed.”.
35. Amendment of section 122.— In section
122 of the principal Act, in sub-section (1),
for the expression “all sums due from a
society or from an office bearer”, the
expression “all sums and penalties due from
directors or an office bearer” shall be
substituted.
36. Amendment of section 123B.— In
section 123B of the principle Act, sub-section
(2) shall be omitted.
Statement of Objects and Reasons
The bill seeks to insert clause (1A) and
clause (38a) to section 2 of the Goa Co-
operative Societies Act, 2001 (Goa Act 36 of
2001) (hereinafter referred to as the said Act)
whereby Administrative Secretary and
Reconciliator have been defined.
The bill seeks to insert sub-section (3) to
section 4 of the said Act. By inserting sub-
section 3 to section 4 of the Act the Registrar
with prior approval of Government is
empowered to appoint experts on such terms
and conditions as may be decided by the
Government, to assist him in deciding certain
matters.
The bill seeks to insert section 20B to the
said Act. By inserting the said section, the
Government is empowered to formulate a
“deposit protection scheme” with such terms
and conditions as he may deem fit, for
providing relief to the depositors of resource
societies against loss of their deposits arising
from the society’s failure.
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The bill seeks to insert sub-clause (3), (4)
and (5) to section 32 of the said Act. By
inserting said clauses, the Dy. Registrar is
empowered to penalize the concern officer
or the office bearers for not providing the
information to the members as per the
statutory entitlement.
The bill seeks to amend section 41 by
merging provisions of section 51 and thereby
deleting existing section 51 of the said Act,
since these sections have similar effect.
The bill seeks to amend clause (c) of sub-
-section (2) of section 52 of the said Act. By
amending clause (c) the expression “Co-
operative Education Fund” has been
substituted with the expression “Co-operative
Development fund”.
The bill seeks to insert clause (k) and (l)
to sub-section (3) of section 58 of the said
Act. By inserting said clauses, the general
body has been given power to acquire or
dispose of immovable property valued above
Rs. 20.00 lakhs.
The bill seeks to insert provisos to sub
section (4) of section 59 of the said Act. By
inserting two provisos, the impediments in
constituting the full fledge board are removed.
The bill seeks to insert second proviso to
sub-section (6) of section 59A of the said Act.
By inserting the said proviso, the confusion
arising on account of equality of votes has
been done with.
The bill seeks to substitute section 61 of
the said Act. By substituting said section an
opportunity is provided to the erring board
members of being heard before disqualifying
them.
The bill seeks to insert new clause (c) to
section 61of the said Act. By this insertion,
the provision of the said clause is brought in
conformity with the provisions of section 58
and 72(2) of the principal Act.
The bill seeks to insert sub-clause (e) and
(f) to section 61 of the said Act. By inserting
said clauses, the board is made liable for
disqualification if they do not comply with
the requirement of section 81 and section 32.
The bill seeks to insert proviso to section
61 of the said Act. By inserting proviso to
said section fair opportunity is provided to
the board to put forth their say and at the
same time the auditors, directors and the
employees of the institution are also made
responsible for their negligence.
The bill seeks to substitute clause (i) of
sub-section (1) of section 62 of the said Act,
since the powers to acquire or to dispose of
immovable property are delegated to the
general body.
The bill seeks to amend sub-section (5) of
section 66 of the said Act. By amending the
said sub-section, the expression “office
bearers” have been deleted as consequential
effect is give in sub-section (6) of section 66
of the said Act. Likewise, new proviso has
been inserted to the said section whereby
the housing societies and self help groups
having less then or up to 200 members are
empowered to conduct their election in the
general body.
The bill seeks to amend sub-section (6) of
section 66 of the said Act. By amending said
section, housing societies and self help groups
having less then or up to two hundred
members are allowed to hold the elections of
the office bearers in the first board meeting
of the newly elected board. Likewise, by
inserting new provisos, the elected directors
are given liberty to fill the subsequent
vacancies created due to retirement,
resignation, death, etc.
The bill seeks to substitute section 67 of
the said Act. By substituting said section, the
requirements of the proviso to sub-section (2)
of section (59) are suitably inserted in section
67
by
carrying
out
the
necessary
modifications.
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The bill seeks to insert sub-section (4) to
section 67A of the principal Act. By inserting
said sub-section, the Registrar is empowered
to fix the remuneration payable to the
administrator.
The bill seeks to omit sub-sections (3) and
(4) of section 68 of the said Act, since the
same are inserted under section 69.
The bill seeks to substitute section 69 of
the said Act. By substituting the said section,
the Registrar is empowered to have a
regulatory control over the investment or
utilization of funds by the societies.
The bill seeks to insert proviso to sub-
section (4) of section 73 of the principal Act.
By inserting new proviso to sub section (4) of
section 73, the directors are made liable for
fine if they fail to submit the statement of
accounts within the stipulated time.
The bill seeks to amend sub-section (2),
insert new proviso to sub-section (4) and
substitute sub-section (5) of section 74 of the
said Act. By amending the said sections
Registrar is empowered to call for the
applications from the Chartered Accountants
and Certified auditors for being appointed on
the panel of auditors and to renew the panel
of Auditors so constituted after every three
years with the due consent of the auditors
on the panel and on payment such renewal
as may be prescribed.
The bill seeks to insert sub-section 9 to
section 74 of the said Act. By inserting sub-
section (9) to section 74 of the said Act,
procedure has been prescribed for conducting
the audit of housing coop. societies and self
help groups having less than two hundred
and panivatap societies, primary dairy Coop.
societies and service resource societies
having working capital less than Rs. 50.00
lakhs.
The bill seeks to substitute sub-section (8)
of section 75 of the said Act. By inserting
said sub section it is made mandatory to the
auditors to file special report to the Registrar
and on his willful omission or failure to report
the same to the Registrar, he is liable for
action.
The bill seeks to insert sub-section (6) to
section 76A of the said Act. By inserting said
sub-section the complainant at whose
instance inquiry is conducted is made liable
to bear the expenses of the inquiry, incase
the complaint is found to be false or frivolous.
The bill seeks to insert new section 76B to
the said Act. By inserting said sections the
Registrar
is
empowered
to
conduct
inspection/scrutiny and if warranted issue
restrictions/directions on the conduct of the
business of the society.
The bill seeks to insert new section 76C to
the said Act. By inserting said section the
Registrar is empowered to assess the
financial stability of a credit co-operative
society and declare it a Ailing co-operative
credit society if it fails to fulfill the financial
parameters prescribed to be a healthy co-
operative credit society.
The bill seeks to insert new section 76D to
the said Act. By inserting said section the
Registrar is empowered to inquire into
working of ailing co-operative credit society.
The bill seeks to insert new section 76E to
the said Act. By inserting said section the
Registrar is empowered to make suitable
orders on completion of inquiry of an ailing
co-operative credit society.
The bill seeks to insert new section 76F to
the said Act. By inserting said section the
registrar is empowered to prepare and
sanction schemes for ailing co-operative
credit society.
The bill seeks to insert new section 76G to
the said Act. By inserting said section the
registrar is empowered to make an annual
report of working of ailing co-operative credit
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1579
society and submit to the government with
particular reference to their activities and
suggestions for the strengthening of such
ailing co-operative credit societies.
The bill seeks to amend section 79 of the
said Act. By amendment to the said section,
section 76A is brought under the ambit of
the said section.
The bill seeks to amend sub-section (2) of
section 82 of the said Act. By amendment to
the said section the expression “Registrars
Nominee” is inserted and by inserting new
proviso to the said section, the person against
whom any such order is to be passed is given
an opportunity of being heard. The
amendments to said section also empower
the Registrar to withdraw the matter referred
by him to the Registrar’s Nominee or
authorized person.
The bill seeks to insert clause 5 to section
83 of the said Act. By inserting clause the
Registrar is empowered to impose penalties
on the person against whom the order has
been passed under if he fails to comply with
the directions.
The bill seeks to substitute sub-section (3)
of section 86 of the principal Act. By
substituting said section the Registrar is
empowered to appoint any empanelled
Registrar’s Nominee to decide a dispute
within the meaning of section 83 of the said
Act, arising in the society.
The bill seeks to omit the word “resource”
appearing in section 91C of the said Act. By
omitting the word “resource” all type of
societies are brought under the purview of
the said section for the purpose of recovery
of arrears.
The bill seeks to amend sub-section (1) of
section 91D of the said Act. By amendment
to the said section the registrar is empowered
to appoint chief executive of a society
amongst others to recover the dues of the
society.
The bill seeks to insert sections 104A to
the said Act. By inserting said sections all
the existing co-partnership co-operative
housing societies are converted as co-
ownership co-operative housing societies.
The bill seeks to insert sections 104B to
the said Act. By inserting said sections,
provision has been made for enforcement of
transfer of title in the name of the member.
The bill seeks to insert sub-section (3) to
section 111 of the said Act. By inserting said
sub section 3 it is made mandatory for a
member to clear his due towards the society
for being eligible to raise a dispute against
the society.
The bill seeks to insert section 113A to the
said Act. By inserting said section a provision
is made to redress the grievances of the
members of the housing societies through
Reconciliator instead of resorting to a dispute
under section 83 of the Act.
The bill seeks to insert sub-clause (h) to
section 118 of the said Act. By inserting sub-
-clause (h), the Board, employees and any
officer of the Co-operative Societies who fail
to obey the directions or instructions issued
by the Registrar, are brought under the
purview of section 118 for offence.
The bill seeks to amend section 120 of the
said Act. By amendment to the said section
the Registrar is empowered to appoint
authority competent to compound any offence
under the provisions of the Act.
The bill seeks to amend section 122 of the
principal Act. By amendment to the said
section, for the expression “all sums due from
a society or from an office bearer” the
expression “all sums and penalties due from
the directors or an office bearer” so as to
make the directors and office bearers
accountable for payment of penalties.
The bill seeks to omit sub-section (2) of
section 123B of the said Act, since the same
is inserted under section 86 of the Act.
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Financial Memorandum
Financial implications are involved in the
Bill and the same cannot be quantified at this
stage. The proposal is concurred by Finance
Department.
This proposal is vetted by the Law
Department.
Memorandum regarding delegated legislation
Sub-section 3 of section 4 of the bill
empowers the government to appoint a
person having experience in the field of
banking, finance, management, accounts,
audit, human resource or specialisation in
any other field relating to the objects and
activities undertaken by the co-operative
societies to assist the Registrar.
Section 20B of the bill empowers the
Government to formulate the scheme to
protect the interest of the depositors by
issuing Notification in the Official Gazette.
Section 66 of the bill empowers the
Government to prescribe Rules for conduct
of elections of Board of Directors and Office
Bearers of Co-operative Housing Societies and
Self Help Groups with membership not
exceeding 200 and panivatap societies,
primary dairy co-operative and resource
societies having working capital less than
fifty lakhs.
Section 74 of the bill empowers the
Government to prescribe fees for renewal of
panel of Auditors.
Section 113A of the bill empowers the
Government to constitute a Panel of
Reconcialiator and notify the fees payable to
them.
This delegation is of normal character.
Porvorim Goa.
(GOVIND GAUDE)
Dated: July, 2021. Minister for Co-operation.
Assembly Hall,
Secretary to the Legislative
Porvorim Goa.
Assembly of Goa.
Dated: July, 2021.
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,
Governor of Goa, hereby recommend the
introduction and consideration of the Goa Co-
operative Societies (Amendment) Bill, 2021
(Bill No. 45 of 2021) by the Legislative
Assembly of Goa.
Place: Raj Bhavan,
P. S. SREEDHARAN PILLAI
Dona Paula, Goa
Governor of Goa
Date:
________
LA/LEGN/2021/856
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 PANCHAYAT RAJ
(AMENDMENT) BILL, 2021
(BILL No. 46 of 2021)
A
BILL
further to amend the Goa Panchayat Raj Act,
1994 (Goa Act No. 14 of 1994).
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 Panchayat Raj
(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 2.— In section 2
of the Goa Panchayat Raj Act, 1994 (Goa Act
No. 14 of 1994) (hereinafter referred to as the
“principal Act”),-
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(i) clauses (1), (1-A) and (1-B) shall be
renumbered as (1-A), (1-B) and (1-C) and
before clause (1-A) so renumbered, the
following clause shall be inserted, namely:-
“(1) “alteration” means a structural
change, such as removal of part of a
building or a change to the structure of
the building such as construction of roof
with R.C.C. material;”;
(ii) after clause (17), the following clause
shall be inserted, namely:-
“(17-A)
“Registered
Structural
Engineer” means a Structural Engineer
as defined in clause (129) of regulation 2
of the Goa Land Development and
Building Construction Regulations, 2010.
Such Engineer shall be registered with
the Town and Country Planning
Department under the said Regulations”;
(iii) after clause (20A), the following
clause shall be inserted, namely:-
“(20-B) “Single dwelling unit” means
an independent housing unit with
facility of living, cooking and sanitary
requirements;”.
3. Amendment of section 7.— In section 7
of the Goa Panchayat Raj Act, 1994 (Goa Act
14 of 1994) (hereinafter referred to as the “said
Act”),-
(i) in sub-section (3), for the word
“Director” the expression, “State Election
Commission in consultation with the
Government,” shall be substituted;
(ii) in first proviso to sub-section (4)
and sub-section (5), for the word
“Government”, wherever it occurs, the
expression, “State Election Commission in
consultation with the Government,” shall
be substituted.
4. Amendment of section 66.— In section
66 of the principal Act, after sub-section (1),
the following proviso shall be inserted,
namely:-
“Provided that alteration of a building
which consists of a single dwelling unit
constructed or in existence before the
commencement of this Act shall be
permitted to the extent of replacement of
tiles roofing with the R.C.C. slab roofing
upon production of certificate of stability
of such building issued by the Registered
Structural Engineer.”.
5. Amendment of section 119.— In section
119 of the said Act, for the word
“Government”, the expression “State Election
Commission in consultation with the
Government,” shall be substituted.
6. Amendment of section 153.— In section
153 of the principal Act, after sub-section (1)
the following sub-section shall be inserted,
namely:-
“(1A) The tax as aforesaid shall also be
levied on buildings constructed without
authorization within the limits of Panchayat
area:
Provided that nothing in this sub-section
shall
amount
to
regularization
of
unauthorized construction of such building:
Provided further that nothing in this sub-
section shall prevent any competent
authority from taking any action against
such building in accordance with law.”.
Assembly Hall,
SHRI MAUVIN GODINHO
Porvorim-Goa.
Minister for Panchayats
Date:- 28-07-2021.
STATEMENT OF OBJECT AND REASONS
The Bill seeks to amend section 2 of the
Goa Panchayat Raj Act, 1994 (Goa Act No. 14
of 1994) (hereinafter referred to as the “said
Act”) by inserting new definitions i.e.,
alteration”, Registered Structural Engineer”
and “Single dwelling unit” so as to give more
clarity to the provision/sections proposed in
the Bill.
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The Bill seeks to amend section 7 of the
said Act, to hold the election procedure in
free and fair manner by handing over the
election process including reservation to the
Goa State Election Commission as mandated
by 73rd Constitutional Amendment.
The Bill seeks to amend section 66 of the
said Act, by inserting new proviso after sub-
section (1) of section 66 so as to make
provision for replacing the tile roof with slab
to the single dwelling unit that existed prior
to the enactment of the Goa Panchayat Raj
Act, 1994, subject to production of certificate
of stability issued by Registered Structural
Engineer.
The Bill seeks to amend section 119 of the
said Act, to hold the election procedure in
free and fair manner by handing over the
election process including reservation to the
Goa State Election Commission as mandated
by 73rd Constitutional Amendment.
The Bill seeks to insert new sub-section
(1A) after sub-section (1) of section 153 of
the said Act so as to levy the taxes on
buildings constructed without authorization
within the limits of Panchayat area.
The Bill seeks to achieve the above objects.
FINANCIAL MEMORANDUM
There is no financial burden on the State
ex-chequer. The revenue by way of levy of
taxes will be collected by the local authority
and will form part of their own source
revenue.
MEMORANDUM REGARDING DELEGATED
LEGISLATION
No delegated legislation is involved in this
Bill.
Assembly Hall,
SHRI MAUVIN GODINHO
Porvorim-Goa.
Minister for Panchayats
Date:- 28-07-2021.
Assembly Hall,
SMT. NAMRATA ULMAN
Porvorim-Goa.
Secretary to the
Date:- 28-07-2021.
Legislative Assembly of Goa
Annexure
(Annexure to the Bill No. 46 of 2021)
The Goa Panchayat Raj (Amendment) Bill 2021
The Goa Panchayat Raj Act, 1994
(Act No. 14 of 1994)
2. Definitions.— In this Act, unless the context
otherwise requires,—
(1) “Backward classes” means such classes of
citizens as may be notified by the Government from
time to time as belonging to backward class;
(1-A) “Block Development Officer” means a
person appointed as Block Development Officer
by the Government;
(1-B) “Ballot” means ballot papers prepared in
accordance with the provisions of the Act or
rules made thereunder and includes “Electronic
Voting Machine”;
(2) “building” includes a house, outhouse, stable,
privy, urinals, shed, hut, wall and any other
structure whether of masonry, bricks, wood, metal
or any other material, but does not include a
temporary structure erected on ceremonial or festive
occasion or a tent;
(3) “Sarpanch” means the Sarpanch of a
Panchayat;
(4) “Deputy Sarpanch” means the Deputy
Sarpanch of a Panchayat;
(5) “Adhyaksha” means the Adhyaksha of a Zilla
Panchayat;
(6) “Upadhyaksha” means the Upadhyaksha of a
Zilla Panchayat;
(7) “Collector” means the Collector of the district
and includes an Additional Collector;
(8) “Chief Executive Officer” means the Chief
Executive Officer of a Zilla Panchayat and includes
any other officer appointed by the Government in
this behalf;
(8-A) “Deputy Director” means the person
appointed as the Deputy Director of Panchayat by
the Government;
(9) “Director” means the person appointed as
the Director of Panchayats under this Act and
includes an Additional Director;
(10) “district” means a revenue district;
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(11) “Government” means the Government of
Goa;
(11-A) “Gram Sevak” means the person appointed
by the Director to perform the duties as Gram Sevak;
(12) “land” includes land which is built upon or
covered with water;
(12-A) “Member-Secretary” means a person
appointed by the Government as Member-Secretary
and includes a Block Development Officer;
(13) “notification” means a notification published
in the Official Gazette;
(14) “Panchayat” means a Village Panchayat
established under section 3; ”erection or re-erection
or enlargement” of any building includes,—
(i) any material alteration or enlargement or
in of any building;
(ii) the conversion, by structural alteration into
a place of human habitation of any building not
originally meant or constructed for human
habitation;
(iii) the conversion of one or more places of
human habitation into a greater number of such
places;
(iv) the conversion of two or more places of
human habitation into a lesser number of such
places;
(v) such alteration of a building as would
effect a change in the drainage or sanitary
arrangements or materially affect its security;
(vi) the addition of any rooms, buildings,
houses or other structures to any building;
(vii) the conversion, by any structural
alteration into a place of religious worship or
into a building not originally meant or
constructed for such purposes;
(viii) roofing or covering an open space
between wall or buildings, in respect of the
structure which is formed by roofing or covering
such space;
(ix) Conversion into a stall, shop, warehouse
or godown or any building not originally
constructed for use as such or vice versa;
(x) construction of a door in a wall adjoining
any street or land not vested in the owner of the
wall and opening in such street or land;
(16) “factory” means besides a factory as defined
in the Factories Act, 1948 (Central Act 13 of 1948),
any premises including the precincts thereof
wherein any industrial manufacturing or trade
process is carried on with the aid of steam, water,
oil, gas, electrical or any other form of power which
is mechanically transmitted and is not generated
by human or animal agency;
(16A) “political party” means a political party as
defined under clause (f) of sub-section (1) of section
2 of the Representation of the People Act, 1951
(Central Act 43 of 1951);
(17) “prescribed” means prescribed by rules
framed under this Act;
(18) “Schedule” means a Schedule appended to
this Act;
(19) “Scheduled Castes and Scheduled Tribes”
means such Scheduled Castes and Scheduled Tribes
specified in respect of the State of Goa under the
Constitution:
(20) “Secretary” means the Secretary of the
Panchayat:
(20A) “Taluka Panchayat” means a Taluka
Panchayat established under this Act;
(21) “Zilla Panchayat” means a Zilla Panchayat
established under this Act.
7. Constitution of Panchayats.— (1) A Panchayat
shall consist of, such number of members as the
Government may, by order, determine, so far as may
be in accordance with the following Table:-
Table
For a Panchayat with
No. of
Classification
a population of
members
(1) 1500 or more but not
5
D
more than 2000
(2) more than 2000 but
7
C
not more than 5000
(3) more than 5000 but
9
B
not more than 8000
(4) more than 8000
11
A
(2) All the members of a Panchayat shall be
elected.
(3) The Director shall divide each Panchayat area
into wards the number of which shall be equal to
the number of members determined in respect of
such Panchayat under sub-section (1).
(4) In every Panchayat, seats shall be reserved
for the Scheduled Castes and the Scheduled Tribes
and the number of seats so reserved shall bear as
nearly as may be, the same proportion to the total
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number of seats in the Panchayat as the population
of the Scheduled Castes and the Scheduled Tribes
in the Panchayat area bears to the total population
of the Panchayat area:
Provided that Government may by notification
reserve any seat reserved for Scheduled Castes and
Scheduled Tribes for women belonging to the
Scheduled Castes or as the case may be, the
Scheduled Tribes:
Provided further that the Government may, by
order published in the Official Gazette, direct any
Panchayat to co-opt in such manner as may be
prescribed, a person belonging to the Scheduled
Caste, where there is a reasonable population of
the Scheduled Caste but the reservation may not
be made.
(5) The Government may, by notification reserve
such number of seats in any Panchayat as may be
considered necessary, taking into account the
population of the backward classes in the Panchayat
area, for persons belonging to the backward classes.
(6) Not less than one third (including the number
of seats reserved for women belonging to Scheduled
Castes or Scheduled Tribes) of the total number of
seats to be filled by direct election in every
Panchayat shall be reserved for women:
Provided that the seats reserved under sub-
section (4), (5) and (6) shall be allotted by rotation
to different wards in the panchayat area:
Provided further that nothing contained in this
section shall be deemed to prevent a woman or a
person belonging to the Scheduled Castes and
Scheduled Tribes or Backward Classes from
contesting for elections to any non-reserved ward
in such Panchayat.
(7) Notwithstanding anything contained in sub-
section (1) where two-thirds of the total number of
members are required to be elected or have been
elected, failure to elect the remaining members
shall not affect the constitution of the Panchayat.
(8) The Director shall publish, in the prescribed
manner, the names of members elected or deemed
to have been duly elected to a Panchayat.
Explanation:—In this section, the expression
“population” means the population as ascertained
at the last preceding census of which the relevant
figures of 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.
66. Regulation of the erection of buildings.—(1)
Subject to such rules as may be prescribed, no
person shall erect any building or alter or add to
any existing building or reconstruct any building
without the written permission of the Panchayat.
The permission may be granted on payment of such
fees as may be prescribed.
(2) If a Panchayat does not, within thirty days
from the date of receipt of application, determine
whether such permission should be given or not
and communicate its decision to the applicant, the
applicant may file an appeal within thirty days
from the date of expiry of aforesaid period, to the
Deputy Director who shall dispose of the same
within thirty days from the date of filings of such
appeal. If the Deputy Director fails to dispose of the
appeal within thirty days, such permission shall be
deemed to have been given and the applicant may
proceed to execute the work, but not so as to
contravene any of the provisions of this Act or any
rules or bye-laws made under this Act.
(3) Whenever any building is erected, added to
or reconstructed without such permission or in any
manner contrary to the rules prescribed under sub-
section (1) or any conditions imposed by the
permission granted, the Panchayat may,—
(a) direct that the building, alteration or
addition be stopped; or
(b) by written notice require within a
reasonable period to be specified therein, such
building alteration or addition to be altered or
demolished.
(4) In the event of non-compliance with terms of
any notice under clause (b) of sub-section (3) within
the period specified in the notice, it shall be lawful
for the Panchayat to take such action as may be
necessary for the completion of the act thereby
required to be done, and all the expenses therein
incurred by the Panchayat shall be paid by the
person or persons upon whom the notice was served
and shall be recoverable as if it were a tax imposed
under this Act.
(6) Notwithstanding anything contained in the
foregoing provisions, the Block Development Officer
concerned may, by notice addressed to the person
responsible, stop any construction which is being
constructed in violation of the provisions of the Act
or rules or bye-laws made thereunder and refer the
case to the Deputy Director of Panchayat. On receipt
of the notice, such person shall forthwith stop the
same.
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(7) An appeal shall lie to the Director, within a
period of thirty days from any order of direction or
notice issued under any of the provisions of this
section and the decision of the Director on such
appeal shall be final.
Explanation:— For the purpose of this section,
failure to communicate the decision by the
Panchayat under sub-section (2) and failure to
demolish the building under sub-sections (3) and
(4) shall be deemed to be ‘remiss’ in the performance
of duties by the Panchayat.
119. Delimitation of territorial constituencies.—
The Government shall, by notification,-—
(a) divide the area within the jurisdiction of
North Goa Zilla Panchayat and South Goa Zilla
Panchayat into 25 and 25 single member
territorial constituencies respectively, for the
purpose of election, to such Zilla Panchayat.
(b) determine the territorial constituencies or
constituencies in which seats are reserved for
the Scheduled Castes, Scheduled Tribes,
Backward Classes and Women.
153. Levy of taxes, rates etc. by Panchayat.— (1)
Every Panchayat shall, in such manner and subject
to such exemptions as may be prescribed and not
exceeding the maximum rate specified in Schedule
– III, levy tax upon building and lands which are
not subject to agricultural assessment, within the
limits of the Panchayat area and shall revise rate of
such tax once in every three years by minimum
increase of 10% thereon:
Provided that where an owner of the building or
land has left the Panchayat area or cannot otherwise
be found, the occupier of such building or land
shall be liable for the tax leviable on such owner.
(2) A Panchayat may levy water rate for supply
of water for drinking and other purposes.
(3) A Panchayat may also levy all or any of the
following tax and fees at such rates as the
Panchayat shall determine but not exceeding the
maximum specified in Schedule III and in such
manner and subject to such exemptions as may be
prescribed, namely:-
(a) tax on entertainment other than
cinematograph shows;
(b) tax on vehicles, other than motor vehicles;
(c) tax on advertisement and hoarding;
(d) pilgrim fee on persons attending the jatras,
festivals, etc., where necessary arrangement for
water supply, health and sanitation are made by
the Panchayat;
(e) market fee on persons who expose their
goods for sale in any market place;
(f) fee on the registration of cattle brought for
sale in any market place;
(g) fee on buses and taxies and auto-stands
provided adequate facilities are provided for the
travellers by the Panchayat;
(h) fees on grazing cattle in the grazing lands;
(i) lighting tax;
(j) drainage tax;
(k) tax on profession, trades, calling and
employment;
(l) fees for sale of goods in melas, fairs and
festivals;
(m) garbage disposal tax;
(n) octroi other than on petroleum products.
________
LA/LEGN/2021/857
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 Agricultural Tenancy
(Amendment) Bill, 2021
(Bill No. 38 of 2021)
A
BILL
further to amend the Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Act 7 of
1964).
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 Agricultural
Tenancy (Amendment) Act, 2021.
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7TH OCTOBER, 2021
1586
(2) It shall come into force at once.
2. Amendment of long title.— In the Goa,
Daman and Diu Agricultural Tenancy Act,
1964 (Act No. 7 of 1964) (hereinafter referred
to as the “principal Act”), in the long title,
for the expression “Union territory of Goa,
Daman and Diu”, the words “State of Goa”
shall be substituted.
3. Amendment of section 1.— In section 1
of the principal Act,—
(i)in sub-section (1), the expression
“, Daman and Diu” shall be omitted;
(ii) for sub-section (2), the following
sub-section shall be substituted, namely:—
“(2), It shall extend to the whole of the
State of Goa”.
4. Amendment of section 2.— In section 2
of the principal Act,—
(i) in clause (8), the expression “, Daman
and Diu” shall be omitted;
(ii) in clause (17), for the expression
“Goa, Daman and Diu Government
Gazette”, the words “Official Gazette of the
Government of Goa” shall be substituted.
5. Amendment of section 18J.— In section
18J of the principal Act, in sub-section (2), in
clause (ii), for sub-clause (d), the following
sub-clause shall be substituted, namely:-
“(d) a co-operative farming society
registered as such under the Goa Co-
operative Societies Act, 2001 (Goa Act 36
of 2001).”.
6. Amendment of section 26.— In section
26 of the principal Act, in sub-section (3), for
the first proviso, the following proviso shall
be substituted, namely:-
“Provided, however, that in the case of
repairs to breaches in bunds which may
be specified by Government as protective
bunds, the Government shall, on such
conditions and in such manner as may be
prescribed, contribute such sum, as
decided by the Government from time to
time, towards the cost of such repairs:”
7. Repeal and Savings.— (1) The Goa
Agricultural
Tenancy
(Amendment)
Ordinance, 2021 (Ordinance No. 2 of 2021) 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 Goa, Daman and Diu Agricultural
Tenancy Act, 1964 (Act 7 of 1964) (hereinafter
referred to as the “said Act”) was enacted
by the Legislative Assembly of Goa, Daman
and Diu when Goa was 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), the new State of Goa as also the new
Union Territory of Daman and Diu were
framed. After Goa attained Statehood, the
said Act remained in force and it is now
proposed to omit the expressions “Daman and
Diu” and “Union territory” from the said Act.
For section 26 of the principal Act, in sub-
section (3), for the first proviso, the following
proviso is substituted, namely:-
“Provided, however, that in the case of
repairs to breaches in bunds which may
be specified by Government as protective
bunds, the Government shall, on such
conditions and in such manner as may be
prescribed, contribute such sum, as
decided by the Government from time to
time, towards the cost of such repairs:”
The objective to carry out Goa Agricultural
Tenancy (Amendment) Ordinance, 2021
(Ordinance No. 2 of 2021) was mainly due to
the repairs to breaches in bunds which are
specified as protective bunds by the
Government
and
to
decide
on
the
contribution of such sum by the Government
towards the cost of such repairs.
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The Bill also seeks to repeal the Goa
Agricultural
Tenancy
(Amendment)
Ordinance, 2021 (Ordinance No. 2 of 2021)
promulgated by the Governor of Goa on
20-06-2021.
This Bill seeks to achieve the above object.
Financial Memorandum
Clause 6 of the present Bill gives
discretionary powers to the Government to
contribute any amount of share for
development of bunds. The proposal therefore
involves huge financial implication which
cannot be quantified at this stage.
Memorandum Regarding Delegated Legislation
Clause 6 of the bill empowers the
Government to specify repairs to breaches in
bunds as protective bunds by Notification in
the Official Gazette and frame rules for
prescribing conditions and the manner for
making contribution of sum towards the cost
of repairs of such protective bunds. Clause 6
of the Bill also empowers the Government to
decide a sum to be contributed towards the
cost of repairs of protective bunds.
Porvorim, Goa,
SMT. JENNIFER MONSERRATE
27th July, 2021.
Minister for Revenue
Assembly Hall,
(NAMRATA 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, Shri P. S. Sreedharan
Pillai, Governor of Goa, hereby recommend
the introduction and consideration of the Bill
namely the “The Goa Agricultural Tenancy
(Amendment) Bill, 2021” by the Legislative
Assembly, Goa.
Place: Raj Bhavan
P. S. SREEDHARAN PILLAI
Dona Paula, Goa
Governor of Goa
Date:- 27th July, 2021.
Extracts of Sections-1 Sub-section (1) & (2),
Section-2 Clause- (8) & (17), Section-18J
Sub-section- (2) Clause- (ii) Sub Clause-(d),
Section-26 Sub-section (3) of Goa, Daman and
Diu Agricultural Tenancy Act, 1964
GOVERNMENT OF GOA, DAMAN AND DIU
THE GOA, DAMAN AND DIU AGRICULTURAL
TENANCY ACT, 1964 (Act No. 7 of 1964)
[16th December, 1964]
An Act to provide for the regulation of the terms
of tenancy with respect to agricultural lands in
the Union Territory of Goa, Daman and Diu and for
matters connected therewith.
1. Short title, extent and commencement.— (1)
This Act may be called the Goa, Daman and Diu
Agricultural Tenancy Act, 1964. (2) It extends in
the first instance to the Goa area of the Union
Territory of Goa, Daman and Diu, but the
Government may, by notification, extend it to the
other areas with such modifications as may be
necessary.
2. Definitions.— In this Act, unless there is
anything repugnant to the subject or context.
(1-A) “agriculture” includes horticulture and
raising of food crops grass or garden produce,
but does not include allied pursuits;]
(2) “agriculturist” means a person who
cultivates land personally;
(3) “allied pursuits” means rearing or
maintaining plough bulls, breeding of livestock,
dairy farming, poultry farming, grazing on grounds
reserved for the purpose and such other pursuits
connected with agriculture as may be prescribed;
1. 8th February, 1965, vide Notification No.
TNC/NTF-1/65 dated 3rd February, 1965
published in the Official Gazette, Series I No. 5
dated 5-2-1965.
2 Clause (1) was inserted by the Goa, Daman
& Diu Agricultural Tenancy (Amendment) Act,
1968 (Act No. 13 of 1968) However same has
been omitted by the Amendment Act No. 19 of
2014. Omitted provision read as follows : [(1)
Administrative
Tribunal
means
the
Administrative Tribunal constituted under the
Goa, Daman and Diu Administrative Tribunal
Act, 1965 (Act No. 6 of 1965).
3 Re-numbered by the Goa, Daman & Diu
Agricultural Tenancy (Amendment) Act, 1968
(Act No. 13 of 1968) thereafter existing clause
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1588
substituted by the Goa, Daman & Diu
Agricultural Tenancy (Amendment) Act, 1976
(Act No. 17 of 1976) substituted provision read
as follows :- «agriculture» with its grammatical
variations and cognate expressions, includes the
raising of food crops like paddy, wheat, pulses,
millets and vegetables and of sugar cane and
ground nut but, save as otherwise expressly
provided by or under sub-section (1) of section
3, does not include the raising of produce from
fruit bearing trees including cocoanut, areca nut,
cashew, or mango;
(4) “Collector”, means any person appointed by
the Government to perform the functions of the
Collector under this Act;
(5) “Co-operative Society” means a society
registered under the provisions of any law relating
to co-operative societies for the time being in force
in the particular area;
[(5A) “Court of Senior Civil Judge” includes
the Court of Junior Civil Judge;]
(6) “to cultivate” with its grammatical variations,
and cognate expressions, means to till or husband
land for the purpose of raising or improving
agricultural produce, whether by manual labour or
machinery, or to carry on any agricultural operation
thereon; and the expression “uncultivated” shall
be construed correspondingly;
(7) “to cultivate personally” means to cultivate
land on one’s own account —
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family,
or
(iii) under the personal supervision of oneself
or any member of one’s family, by hired labour
or by servants on wages payable in cash or kind
but not in crop share;
Explanation 1.— For the purpose of clause (iii)
personal supervision shall not be deemed to exist
unless the person or member resides in the village
in which land is situated or in any nearby village
within 7 kilometers thereof, during the major part
of an agricultural season.
Explanation 2.— A widow or a minor or a person
who is subject to physical or mental disability or
a serving member of the Defence Forces shall,
notwithstanding
anything
contained
in
Explanation 1, be deemed to cultivate any land
personally if such land is cultivated by servants or
by hired labour or through tenants.
Explanation 3.— Notwithstanding anything as
aforesaid, in the case of a joint family, land shall be
deemed to be cultivated personally, if it is so
cultivated by any member of such family otherwise
than by virtue of Explanation 2.
Explanation 4.— In the case of a company,
association or other body of individuals, whether
incorporated or not, or a religious, charitable or
other institution capable of holding property, any
land shall be deemed to be cultivated personally,
if such land is cultivated by hired labour or by
servants under the personal supervision of an
employee or agent of such company, association,
body or institution;
[(7A) “garden” means land used primarily for
growing coconut trees, areca nut trees, cashew
nut trees or mango trees;
(7B) “garden produce” means any produce from
a garden;]
(8) “Government” means the Government of
Goa, Daman and Diu.
(9) “improvement”, means, with reference to
any land, any work which adds to the value of
the land, and which is suitable thereto as also
consistent with the purpose for which it is held,
and includes—
(a) the construction of tanks, wells, water
channels, embankments and other works for
storage, supply or distribution of water for
agricultural purposes;
4 Inserted by the Amendment Act (19 of 2014).
5 Clauses 7A & 7B inserted by the Goa, Daman
& Diu Agricultural Tenancy (Amendment) Act, 1976
(Act No. 17 of 1976).
(b) the construction of works for the
drainage of land or for the protection of land
from floods or from erosion of other damage
from water;
(c) the reclaiming, clearing, enclosing,
levelling or terracing of land;
(d) the erection of buildings on the land
reasonably required for the convenient or
profitable use of such land for agricultural
purpose; and
(e) the renewal or reconstruction of any of
the foregoing works or alterations therein or
additions thereto as are not of the nature of
ordinary repairs; but does not include such
clearance, embankment, leveling, enclosures,
temporary wells, water channels and other
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1589
works as are commonly made by the tenants
in the ordinary course of agriculture;
(10) “joint family” means an undivided Hindu
family for a group or unit of persons the members
of which are, by custom, joint in estate or residence;
(11) 6 [(i) “land” means land which is used for
agriculture or which is capable of being so used,
but is left fallow, and includes farm buildings
appurtenant to such land:
Provided that nothing in this clause shall apply
to land which is in the possession of a Mundkar,
otherwise than as a tenant.
Explanation.- For the purposes of this clause,
the expression “Mundkar” shall have the meaning
assigned to it in clause (p) of section 2 of the Goa,
Daman and Diu Mundkars (Protection from
Eviction) Act, 1975 (1 of 1976);]
(ii) “Khajan land” means low land situated
near creeks or riversides;
(iii) “Ker land” means land having adequate
irrigation or drainage facilities;
(iv) “Morod land” means any other land:
Provided that in case of doubt as to the category
of any particular land, the matter shall be referred
to the Tribunal whose decision shall be final;
(12) “landlord” means a person from whom a
tenant holds land on lease;
(13) “lease” means a transfer of a right to enjoy
land, made orally or in writing, for a specified, or
unspecified period, and in consideration of rent;
(14) “legal representative” means a person who
represents the state of a deceased person;
(15) “Mamlatdar” means any person appointed
by the Government to perform the duties of a
Mamlatdar under this Act and includes a Joint
Mamlatdar;]
(16) “notification” means notification published
in the Official Gazette;
(17) “Official Gazette” means the Goa, Daman
and Diu Government Gazette;
1. Section 18J. Power of 96[Court of Senior Civil
Judge] to resume and dispose of land not
purchased by the tenant.
Section (2) The 98[Court of Senior Civil Judge]
shall make an order directing that the land or part
thereof referred to in sub-section (1) shall be
disposed of by sale to any person in the following
order of priority.
Clause (ii) the land remaining after disposal in
the manner provided in clause (i) shall be disposed
of by sale in the following order of priority,
namely:—
Sub–clause (d) a co-operative farming society
registered as such under the Maharashtra
Cooperative Societies Act, 1960, as in force in the
Union Territory of Goa, Daman & Diu.
2. Section 26. Liability for cost cultivation, tax,
works etc.—
Section (3) In the case of Khajan and Kher lands
the duty and responsibility of carrying out works
of maintenance, repair and conservancy of banks,
bunds or ridges of tanks or rivers or other sources
of irrigation shall be that of the tenant and the
landlord shall not be liable to make any
contribution to the cost of such works
First proviso [Provided, however, that in the case
of repairs to breaches in bunds which may be
specified by Government as protective bunds,
Government shall, on such conditions and in such
manner as may be prescribed, contribute a sum
not exceeding 50% of the cost of such repairs.
________
LA/LEGN/2021/860
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 Bhumiputra Adhikarini
Bill, 2021
(Bill No. 49 of 2021)
A
BILL
to provide for a mechanism to give ownership
rights to the self-occupied dwelling units.
BE it enacted by the Legislative Assembly
of Goa in the Seventy-Second Year of the
Republic of India as follows:—
1. Short title, extent and commencement.—
(1) This Act may be called the Goa Bhumiputra
Adhikarini Act, 2021.
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(2) It shall extend to the whole of the State
of Goa.
(3) It shall come into force at once.
2. Definitions.— (1) In this Act, unless the
context otherwise requires,—
(a)“Bhumiputra” means a person who is
residing in the State of Goa at least for a
period of thirty years before the date of
making application under section 5; and in
occupation of a dwelling unit and includes
his or her spouse, son, daughter in law and
unmarried daughter;
(b) “Bhumiputra Adhikarini” means a
committee constituted under section 3 of
this Act.
(c) “dwelling unit” means a permanent
structure having plinth area not exceeding
250 Square Meters which has been
constructed or in existence before the first
day of April 2019 and assessed for the house
tax by the local authority and has water and
electricity connection;
(d) “local authority” means Village
Panchayat, a Municipal Council or a
Municipal Corporation;
(e) “land” means the land on which the
dwelling unit is situated;
(f) “market rate” means the minimum rate
of land prescribed under the Goa Stamp
(Determination of True Value of Property)
Rules, 2003;
(g) “prescribed” means prescribed by the
rule made under this Act;
3.
Constitution
of
“Bhumiputra
Adhikarini”.— The Government may by
notification in the Official Gazette, constitute
a committee consisting of Deputy Collector as
its Chairperson and other members namely
Official from Town and Country Planning
Department, Forest Department, Environment
Department and Mamlatdar of Respective
Taluka to be called “Bhumiputra Adhikarini”
to exercise the power conferred on and to
perform the functions assigned to it under this
Act.
4. Protection of rights of Bhumiputra.— (1)
Notwithstanding anything contained in any
other state law, decree, order, custom, usage,
contract or any instrument having force of law,
the Bhumiputra Adhikarini may by an order
declare a Bhumiputra to be the owner of the
dwelling unit occupied by him upon payment
of an amount equivalent to the value of land
calculated at the market rate and such other
amounts as specified in section 6 to the
Government.
(2) where the land is not owned by the
Government the amount received under sub-
section (1) shall be transferred to the owner
of such land;
Provided that, if any question arises as to
whom such amount is payable, the same shall
be deposited in a Government treasury and
paid to such persons as may be decided by
the competent court of law.
(3) Bhumiputra shall not be evicted from the
dwelling unit occupied by him and the
dwelling unit shall not demolished during the
pendency of any proceedings under this Act,
save by the direction of the competent court
of law.
5. Form of Application etc.— Within a period
of six months from the date of commencement
of this Act, Bhumiputra may apply to the
Bhumiputra Adhikarini in such manner and
in such form as prescribed along with such
documents as prescribed to prove that the
dwelling unit has been constructed or in
existence prior to the 1st day of April, 2019.
6. Functions of Bhumiputra Adhikarini.—
(1) After receipt of application under section
5, the Bhumiputra Adhikarini shall publish a
public notice in such form and inviting
interested persons to submit in such manner
as prescribed, objections, to the proposal
contained in such public notice within a
period of thirty days;
Provided that such notice shall also be
issued to the owner of land where such land
is not owned by the Government.
(2) The objections if any received in respect
of the proposal contained in public notice shall
be decided by the Bhumiputra Adhikarini.
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(3) The Bhumiputra Adhikarini shall
consider only such objections which pertains
to the ownership or time of the construction
of dwelling unit or occupation of such dwelling
unit by the Bhumiputra.
(4) after consideration of objections, if any,
the Bhumiputra Adhikarini shall pass an order,
as deemed fit by it deciding the value of the
land under sub-section (1) of section 4 and the
charges/fees to be paid by the applicant under
various law including conversion charges,
infrastructure tax, except penalty and convey
his decision to the applicant, along with the
challan for making payment as aforesaid.
(5) After receipt of the amount specified in
sub-section 4, the Bhumiputra Adhikarini shall
issue an Ownership Sanad to the applicant in
such form as prescribed.
(6) Mamlatdar having the jurisdiction shall
make an entry in the Record of rights, based
on the Ownership Sanad granted by
Bhumiputra Adhikarini under sub-section (5)
without any further notice or any proceedings.
7. Appeal.— Any person aggrieved by the
decision of the Bhumiputra Adhikarini may
prefer an appeal before the Administrative
Tribunal within a period of 30 days from the
date of such decision and the order passed by
the Administrative Tribunal shall be final and
binding.
8. Power to make rules.— The Government
may, by notification in the Official Gazette
make rules for carrying out the provision of
this Act.
9. Power to remove the difficulties.— If any
difficulty arise in giving effect to the provision
if this Act, the Government may, by order
published in the Official Gazette, not
inconsistent with the provision of this Act, as
may appear to it to be necessary or expedient,
for the purpose of removing the difficulties;
Provide that no such order shall be made
after the expiry of the period of two year from
the date of commencement of this Act.
10. Protection of action taken in good faith.—
No suit, prosecution or any other legal
proceedings shall lie against the Government
or any officer or employee of the Government
or any person authorised by the Government
or Bhumiputra Adhikarini or its members for
anything which is done, or intended to be
done, in a good faith under this Act.
11. Overriding effect.— The provision of this
Act shall have effect notwithstanding anything
inconsistent therewith contained in any other
state law for the time being in force.
12. Bar of Jurisdiction.— No Court shall have
jurisdiction to entertain, decide or deal with
any question which is to be decided by the
Bhumiputra Adhikarini and Administrative
Tribunal under this Act.
Statement of Objects and Reasons
The Bill provides for a mechanism to give
ownership right to the self-occupied dweller
of a small housing unit to enable him to live
with dignity and self-respect and exercise his
right to life.
Financial Memorandum
Financial
implications
cannot
be
ascertained at this stage.
Memorandum Regarding Delegated
Legislation
Clause 3 of the Bill provides for appointment
of a committee by way of notification in the
official gazette. Clause 8 of the Bill seeks to
empower the Government to frame rules.
These delegations are of normal character.
Porvorim, Goa.
SMT. JENNIFER MONSERRATE
29th July, 2021.
Minister for Revenue
Government of Goa.
Assembly Hall,
NAMRATA ULMAN
Porvorim, Goa
Secretary
29th July, 2021
Goa Legislative Assembly.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1592
Department of New & Renewable
Energy (NRE)
——
Notification
1-2/Admin/NRE/21-22/118
The following revised scheme is approved
by the Government and is hereby published
for general information of the public.
“REVISED SCHEME FOR PROMOTION OF
GRID CONNECTED SOLAR ROOFTOP
SYSTEM WITH NET METERING 2021-22”
Preamble.— In the major initiative,
Government of India under the National Solar
Mission has set a target of one lac MW power
generation through solar energy in the
country by 2022, including 40,000 MW to be
contributed through solar rooftops in various
sectors.
In order to achieve this magnitude of
capacity, the Ministry of New and Renewable
Energy (MNRE), Government of India has
notified Phase-II Solar Roof Top Scheme in
which State of Goa has been allotted 80 MW
capacity of solar Energy by 2022.
Installation of rooftop solar plant on a large
scale is one of the best initiatives, as in such
plants, there is no requirements of land,
energy is consumed where it is generated;
there would be no element of transmission
loss or wheeling loss and such plants would
be in interest of public at large as well as
State utilities. Therefore, with a view to
promote large scale rooftop solar systems on
private residential roofs-terraces, the
Government vide its Notification in Official
Gazette, Series I No. 19 dated 6th August,
2020 referred above had introduced a subsidy
scheme for solar rooftops in residential sector
and commercial sector. As a result of this
subsidy scheme, over 100 households have
taken the benefits of the subsidy scheme
under which an aggregate capacity of appx.
1 MW of solar rooftops in residential and
commercial sector have been commissioned.
To give further boost for promotion of solar
rooftops in the State for residential sector, it
was under the consideration of the
Government to rationalize the subsidy scheme
to increase the scope for the benefits of the
masses including implementation strategy.
From the date of issue of this notification of
this “Revised scheme for promotion of grid
connected solar rooftop system with NET
metering-2021-22”, the provisional approval
issued by the Department of Electricity,
Government of Goa will not be considered
for registering any claim of State subsidy as
per the notified scheme in Official Gazette,
Series I No.19 dated 6th August, 2020.
However, in those cases where the
Department of Electricity has issued
provisional approvals prior to the date of issue
of this notification and installation,
commissioning and grid synchronisation
completed on or before 31-12-2021 the
subsidy shall be disbursed to the beneficiaries
as per notified scheme in Official Gazette,
Series I No. 19 dated 6th August, 2020.
1. Short title and commencement.— (i) This
scheme may be called as “Revised Scheme
for promotion of Grid Connected Solar Rooftop
systems with Net metering 2021-22”.
(ii) Government of Goa had notified the
“Scheme for Promotion of Grid Connected
Solar Rooftop System with NET Metering
System” vide Series I No. 19 dated 6th
August, 2020, with financial capping of 2.00
crores on first cum first serve basis.
(iii) This scheme proposes to substitute the
scheme of 6th August, 2020 taking into
consideration the Phase II - of Grid connected
Rooftop Solar Programme of Ministry of New
and Renewable Energy(MNRE) Government
of Goa and the guidelines issued by MNRE
vide No. 318/331/2017-Grid connected
Rooftop dated 20th August, 2019.
(iv) Upon the issue of notification of this
“Revised scheme for promotion of grid
connected solar rooftop system with NET
metering-2021-22”, the provisional approvals
issued by Department of Electricity,
Government of Goa will not be considered
for registering any claim of State subsidy
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1593
under the notified scheme in Official Gazette,
Series I No. 19 dated 6th August, 2020.
(v) However, provisional approvals
granted/issued prior to the issue of this
notification and installation, commissioning
and grid synchronization completed on or
before 31-12-2021 the subsidy shall be
disbursed to the beneficiaries as per notified
scheme in Official Gazette, Series I No. 19
dated 6th August, 2020.
(vi) This scheme shall come into force from
the date of notification in the Official Gazette.
(vii) The scheme shall be implemented
through Goa Energy Development Agency
(GEDA).
2. Introduction to the scheme.— (i) The
Government of India has set the target of
achieving 100GW of solar power capacity in
the country by 2020 of which 40GW to be
achieved from rooftop solar (RTS).
(ii) The Ministry of New and Renewable
Energy (MNRE), Government of India has
notified Phase-II Solar Roof Top Scheme and
has issued guidelines in which State of Goa
has been allotted 80 MW capacity of solar
Energy by 2022.
(iii) Government of Goa has launched the
scheme for promoting Solar Photovoltaic
Rooftop Grid Connected systems to complete
the target by 2022 and fulfill the goal of the
Government of India.
(iv) This scheme is therefore formulated
in order to promote Grid Connected Solar
Rooftop systems with Net Metering System
in the State.
3. Objectives of the scheme.— This scheme
is formulated with the objectives:— (a) To
promote Grid Connected Solar Rooftop
Installations as per operational guidelines for
implementation of Phase II of Grid Connected
Rooftop Solar Programme issued by Ministry
of New and Renewable Energy (MNRE),
Government of India vide No. 318/331/2017-
-Grid Connected Rooftop dated 20th August,
2019 and its amendments from time to time.
(b) To provide additional Financial
Assistance for promotion of Solar Rooftop
Installations from State share to the Prosumers
having electrical sanction load above 1 KW
upto 90KW (restricted to LT consumers only)
and fulfill the target of the State of Goa set by
Government of India by 2022.
4. Scope of the scheme.— (i) The main
scope of this scheme is to promote &
popularize Grid connected Solar Rooftop
System in all consumer segments viz.
residential, institutional, social, Government,
commercial, industrial etc.
(ii) To provide financial assistance for
residential,
institutional,
educational,
commercial and industrial sectors.
5. Subsidy.— (i) The Central Financial
Assistance for the residential sector under
this scheme shall be provided as per
operational guidelines for implementation of
Phase II of Grid Connected Rooftop Solar
Programme issued by Ministry of New and
Renewable Energy (MNRE), Government of
India vide No. 318/331/2017-Grid Connected
Rooftop dated 20th August, 2019.
The beneficiary will have to install solar
rooftop systems only through empanelled
vendor (empanelled as per the guidelines of
Phase–II of Solar rooftop programme of
MNRE, GOI by GEDA) at the net of CFA
amount i.e. making payment to the vendors
after deducting the eligible CFA amount as
per MNRE.
(ii) The State Financial Assistance for the
Installation of Grid Connected Solar Rooftop
system with Net Metering shall be restricted
to LT level i.e. 1kW up to 90 kW connections
only.
(iii) The State Government shall provide
subsidy restricting to 30% for the prosumers
of Residential, Group Housing Societies/
Residential Welfare Associations, upto LT level
i.e. having solar plants upto 90kW size, on
the capital cost or the benchmark cost
provided by MNRE or cost arrived through
tendering process by GEDA whichever is
lower where installations are carried out
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1594
through emapalled agencies shortlisted
under the Phase–II of solar rooftop
programme of MNRE, GOI.
Subsidy incentives:-
A.
Residential:
All
consumers
of
Department of Electricity in the State having
service
connection
under
residential
category.
Capacity
Central
State subsidy
1KW - 3KW
40%
10%
3KW- 10KW
20%
30%
above 10KW
Nil
50%
B. For Group Housing Societies/Residential
Welfare Associations (GHS/RWA)
Capacity
Central
State
subsidy
subsidy
10 kWp per house and total
20%
30%
not more than 500 kWp
C. For Educational Institutions, Commercial
and Industrial Establishments.
The State Government shall provide
subsidy restricting to 20% for the prosumers
of Educational Institutions (non profit
making), Commercial/industrial establish-
ments upto LT level i.e. having solar plants
upto 90kW size, on the capital cost or the
benchmark cost provided by MNRE or cost
arrived through tendering process by GEDA
whichever is lower which are installed
through empanelled agencies with GEDA as
well as agencies empanelled by GEDA under
Phase II-Solar Rooftop Scheme of MNRE.
Capacity
Central subsidy
State subsidy
1-90 KW
Nil
20%
5. Eligibility for availing benefits under
the scheme.— (i) All the buildings/
/Houses/Educational Institutions/Industrial/
commercial establishments which are
registered with Panchayat or Municipality
having permanent Electricity connections are
eligible for subsidy under the scheme.
(ii) Benefit under this scheme shall be
disbursed on first come first serve bases.
(iii) The installations eligible for subsidy
on bench mark cost of MNRE or as per the
derived cost by GEDA whichever is lower.
6. Quantum of financial subsidy under the
Scheme.— (i) The total amount of Financial
Assistance shall be restricted to Rs. 4.00
crores only on first come first serve bases.
(ii) Government reserves the right to stop
future grants and also modify the financial
quantum, so also the conditions of the
scheme, depending upon the budgetary
provisions made.
(iii) Government also reserves the right to
sanction the grant to the GEDA as well as to
hold the scheme in abeyance or suspend or
cancel the scheme, at any point of time and
no claim or appeal or challenge shall lie with
any authority or tribunal or court, in respect
of this decision of the Government.
7. Pattern of Assistance of the Scheme.—
(i) “The GEDA shall be entitled to
Government grants based on the estimate
approved by the Government in the Budget
Estimate during that financial year” for the
scheme and will be sanctioned as per the
terms and conditions laid by the Government.
(ii) The GEDA shall promote the installation
of Grid Connected Solar Rooftop Installations
with Net metering system to all the
Prosumer’s by following the needful
formalities.
(iii) The State Financial Assistance in the
form of subsidy shall be released upon
completion of six months of solar power being
injected into the grid.
(iv) The entire amount of the grants should
be utilized upto July 2022 for the purpose of
which it is sanctioned. Any portion of the
grant, which is not ultimately required, will
be refunded to the Government. After
‘utilizing/refunding’ the above sanctioned
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1595
amount, an utilization certificate should be
furnished to the sanctioning authority as
required under Form GFR – 19A.
(v) The account of the Grantee in respect
of this grant should be audited by the
Government approved Auditor/Chartered
Accountant concerned immediately after the
end of the financial year on completion of six
months for which the grant is sanctioned. The
account of the grants shall be maintained
separately and properly from its normal
activities and submitted as and when
required. They shall be open to a test check
by the Controller and Auditor General of India
at his discretion.
(vi) The Audited statement of accounts
showing the expenditure incurred by the
Grantee from the grants should be furnished
to the Government as soon as possible after
the close of the financial year on completion
of six months for which the grant is
sanctioned together with a certificate from
the Auditor to the effect that the grant was
utilized for the purpose for which was
sanctioned.
(vii) The performance-cum-achievement
report specifying in detail the achievements
made by the Grantee with the Government
Grants/amount sanctioned should be
furnished to Concerned Department as soon
as possible.
(viii) The Audited statement of accounts
showing the expenditure incurred by the
Grantee from the grants should be furnished
to the Government as soon as possible after
the close of the financial year or on completion
of six months for which the grant is
sanctioned together with a certificate from
the Auditor to the effect that the grants was
utilized for the purpose for which it was
sanctioned.
(ix) A
performance-cum-achievement
report specifying in detail the achievements
made by the Grantee with the Government
grants/amount sanctioned should be
furnished to the Department of Non-
Conventional Sources of Energy annually.
(x) The Grantee Institution must exercise
reasonable economy, observe all financial
proprietary and the financial rules as issued
by the Government from time to time while
incurring the expenditure.
(xi) In case of miss-utilization of grants, the
amount so miss-utilized shall be recovered
from the Grantee Institution.
(xii) The amount remaining unspent out of
this grant shall be refunded back to the
Government Treasury by challan within 03
(three) months from the close of financial year.
8. Relaxation of the provisions of the
scheme.— The Government shall be
empowered to relax any or all of the clauses
or conditions of this scheme in genuine
case(s) for sanction of the grant.
9. Interpretation of the provisions of this
scheme.— If any question arises regarding
interpretation of any clause, word, expression
of the scheme, the decision about the
interpretation shall lie with the Government,
which shall be final and binding on all
concerned.
10. Redressal of grievances and dispute.—
Grievances or disputes if any, arising out of
implementation of this scheme, shall be
referred to the Secretary, NCES to
Government who shall hear and decide such
matters and the decision of the Secretary to
the Government in this regard shall be final
and binding on all concerned.
Provided no grievance or dispute regarding
the decision of the Government under clause
6 (v) above shall lie with any authority or
tribunal or court, in respect of the decision.
11. This scheme has been issued with the
concurrence of the Finance (Exp.) Department
vide their U.O. No. 5712 dated 24-09-2021.
By order and in the name of Governor of
Goa.
Aleixo F. da. Costa, Director (NCSE)/ex
officio, Jt. Secretary.
Panaji, 5th October, 2021.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1596
Department of Public Health
___
Order
5/30/2018-IV/PHD/1815
Read:- Letter No. 5/30/2018-IV/PHD/3507
dated 06-11-2020.
Whereas, the fees revised for MDS Courses
in Goa Dental College and Hospital vide above
referred letter are again revised and reduced
retrospectively w.e.f. 06-11-2020 on par with
MD/MS courses at Goa Medical College as
under:
Existing per
Revised per
semester
semester
Tuition fees
Rs. 1,00,000/-
Rs. 48,000/-
Library
Rs. 5,000/-
Rs. 1,000/- (fixed)
(Refundable
one time)
Admission fee
Rs. 15,000/-
Rs. 1,000/- (fixed)
(one time)
Hostel Deposit
---
Rs. 2,000/- (fixed)
(one time)
The excess fees paid to the students shall
be refunded or adjusted in future payments
due, if any.
Further, Government has decided that
henceforth, every Academic Year, the tuition
fees for all Courses at Goa Medical College &
Hospital; Goa Dental College and Hospital
shall stand revised by 5% automatically every
year, till the Government considers further
revision.
The above proposal has been seen by
Finance (Rev. & Cont.) Department stating
that the matter was administrative in nature
vide their U.O. No. 1400074707/F dated
03-09-2021.
By order and in the name of the
Governor of Goa.
Trupti B. Manerkar, Under Secretary
(Health).
Porvorim, 29th September, 2021.
Corrigendum
4/2/2012-II/PHD/1828
Read:- Order No. 4/2/2012-II/PHD/1697
dated 8-09-2021.
In the Government order read at preamble
the word appearing as “Audiology” shall be
substituted to read as “Audiologist”.
Rest of the content remains unchanged.
By order and in the name of the
Governor of Goa.
Trupti B. Manerkar, Under Secretary
(Health).
Porvorim, 30th September, 2021.
———ttt———
Department of Revenue
——
Notification
22/21/2008-RD(Part III)/8670
In exercise of the powers conferred by
sub-sections (1) and (2) of section 5 of the
Goa Compensation to the Project Affected
Persons and Vesting of Land in the
Government Act, 2017 (Goa Act 16 of 2017),
the Government of Goa hereby establishes
the Project Affected Persons Disputes
Redressal Authority consisting of the
Secretary to the Government of Goa in
Revenue Department.
This notification shall come into force on
the date of its publication in the Official
Gazette.
By order and in the name of the
Governor of Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 29th September, 2021.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1597
Notification
35/4/2017-RD/8674
In exercise of the powers conferred by
section 75 read with clause (b) of sub-section
(1) of section 10 of the Indian Stamp Act, 1899
(Act 2 of 1899), as in force in the State of Goa,
the Government of Goa hereby makes the
following rules, namely:—
1. Short title and commencement.— (1)
These rules may be called the Goa Payment
of Duty by e-challan Payment Facility Rules,
2021.
(2) They shall come into force on the date
of their publication in the Official Gazette.
2. Definitions.— (1) In these rules, unless
the context otherwise requires,—
(a) “Act” means the Indian Stamp Act,
1899 (Act 2 of 1899), as in force in the State
of Goa;
(b) “duty” means the stamp duty payable
on the instruments under the Act;
(c) “e-challan payment facility” means
the online payment facility of the
Directorate of Accounts of the Government
as available on the portal of the
Registration of Government;
(d) “e-receipt” means an e-receipt
generated upon payment of duty by
e-challan payment facility;
(e) “Government” mean the Government
of Goa;
(f) “Registering Officer” means the
Registering Officer under the Registration
Act, 1908 (Central Act 16 of 1908), as in
force in the State of Goa.
(2) Words and expressions used in these
rules but not defined shall have the same
meanings respectively assigned to them in
the Act.
3. Payment of duty by e-challan payment
facility.— (1) All duties payable on the
instruments registered before the Registering
Officer through the National Generic
Document Registration System may be paid
by an e-challan payment facility and a printed
copy of the e-receipt generated upon such
payment shall be pasted on the first page of
the instrument presented to the Registering
Officer at the time of registration of such
instrument.
(2) When an instrument along with the
printed copy of the e-receipt pasted on it is
presented to the Registering Officer under
sub-rule (1), the Registering Officer shall,
before he proceeds to register such
instrument, verify the authenticity and validity
of such e-receipt in the records maintained
by the Directorate of Accounts and confirm
that whole of the duty specified therein has
been duly paid.
(3) The Registering Officer shall, after
verification of the authenticity and validity of
such e-receipt and confirmation of the
payment of duty under sub-rule (2), cancel
e-receipt in such records maintained by the
Directorate of Accounts and also put his
remark in such records about the instrument
in respect of which such duty has been paid,
and make an endorsement on the instrument
to the following effect, so that such e-receipt
cannot be used again, namely:—
“Stamp duty of Rs. ............................ (Rupees
................................................... only) paid vide
e-receipt No. ............. dated ................... in the
Government Treasury.
Seal of the
Signature of the
Registering Officer
Registering Officer
with date”
By order and in the name of the
Governor of Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 28th September, 2021.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 28
7TH OCTOBER, 2021
1598
Department of Transport
Directorate of Transport
——
Order
D.Tpt/EST/2005/1643/2021/2542
Sanction of the Government is hereby
accorded to re-designate the posts of Deputy
Director of Transport (Group ‘A’ Gazetted) in
Pay Matrix Level 10 as Additional Director of
Transport in the Directorate of Transport with
immediate effect.
This issues with the approval of the
Administrative Reforms Department vide
Entry No. 530/F dated 10-08-2021.
By order and in the name of the
Governor of Goa.
Rajan Satardekar, Director & ex officio Addl.
Secretary (Tpt.).
Panaji, 1st October, 2021.
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