471

Panaji, 28th July, 2022 (Sravana 6, 1944)

SERIES I No. 17

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 is an Extraordinary issue to the Official Gazette, Series I No. 16 dated 21-7-2022, namely:—

(1) Extraordinary dated 27-7-2022 from pages 459 to 470, Department of Environment & Climate Change, Notifications

regarding the Goa Water (Prevention and Control of Pollution) Rules, 2022 and the Goa Air (Prevention and Control of

Pollution) (Amendment) Rules, 2022.

INDEX

Department

Notification/Cir./Bill

Subject

Pages

Agriculture

Not.-3/4/P&E/PMFBY/

Continuation of PMFBY Scheme.

472

/2022-23/D.Agri/264

Education, Art & Culture

Not.- SCERT/ADM/Schemes/

Revised scheme of Incentive Scholarship

472

Directorate of Education

951/2022/4929

(Pradnya Shodh).

Finance

Cir.- 21/9/2011-Fin(R&C)/

Choice of Pension Fund and Investment Pattern

475

/Part-I/596

in Tier– I of NPS.

4.a. Goa Legislature Secretariat

LA/LEGN/2022/1307

The Goa Fiscal Responsibility and Budget

476

Management (Amendment) Bill, 2022.

b. —do—

LA/LEGN/2022/1308

The Goa Provision of Water Supply

477

(Amendment) Bill, 2022.

c. —do—

LA/LEGN/2022/1309

The Registration (Goa Amendment)

478

Bill, 2022.

d. —do—

LA/LEGN/2022/1310

The Goa Change of Name and Surname

486

(Amendment) Bill, 2022.

e. —do—

LA/LEGN/2022/1311

The Goa Succession, Special Notaries and

489

Inventory Proceeding (Amendment) Bill, 2022.

f. —do—

LA/LEGN/2022/1328

The Goa Municipalities (Amendment)

504

Bill, 2022.

g. —do—

LA/LEGN/2022/1329

The City of Panaji Corporation (Amendment)

513

Bill, 2022.

h. —do—

LA/LEGN/2022/1330

The Goa Education Development Corporation

515

(Amendment) Bill, 2022.

i. —do—

LA/LEGN/2022/1331

The Goa Electronic Delivery of Notices

515

Bill, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

472

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

––

Notification

3/4/P&E/PMFBY/2022-23/D.Agri/264

Sub: “Pradhan Mantri Fasal Bima Yojana”

(PMFBY).

Ref: Notification No. 3/4/STAT/PMFBY/

2019-20/D.Agri dated 16-07-2019 and

Amendment No. 3/4/P&E/PMFBY/

2020-21/D.Agri/139 published in the

Government Official Gazette dated

25-07-2019 (Sravana 3, 1941) Series I

No. 17 & dated 23rd July, 2020

(Sravana 1, 1942) Series I No. 17

respectively.

Pradhan Mantri Fasal Bima Yojna (PMFBY)

is being continued in State at the Cluster of

Village Panchayats level through the existing

implementing agency “Future Generali India

Insurance Company Limited, Mumbai” for

North-Goa and South-Goa District in the State

of Goa for the year 2022-23 (Kharif & Rabi

Season).

The scheme will be continued for the year

2022-23 (Kharif & Rabi Season) as per the

terms and conditions notified vide Notification

No. 3/4/STAT/PMFBY/2019-20/D.Agri dated

16-07-2019 published in the Government

Official Gazette dated 25th July, 2019 (Sravana

3, 1941) Series I No. 17 and Amendment

No. 3/4/P&E/PMFBY/2020-21/D.Agri/139

published in the Government Official Gazette

dated 23rd July, 2020 (Sravana 1, 1942)

Series I No. 17.

This Notification shall come into force with

immediate effect.

By order and in the name of the

Governor of Goa.

Nevil Alphonso, Director of Agriculture &

ex officio Jt. Secretary.

Tonca-Caranzalem, 26th July, 2022.

———ttt———

Department of Education, Art & Culture

Directorate of Education

–––

Notification

SCERT/ADM/Schemes/951/2022/4929

Ref: SCERT/ADM/Notification/Scheme/842/

/2020/2693

REVISED SCHEME OF INCENTIVE

SCHOLARSHIP (PRADNYA SHODH)

Whereas, the use of Aadhaar as an identity

document for delivery of services or benefits

j. —do—

LA/LEGN/2022/1332

The Goa Information Technology Development

517

(Amendment) Bill, 2022.

k. —do—

LA/LEGN/2022/1333

The Goa Co-operative Societies (Amendment)

518

Bill, 2022.

l. —do—

LA/LEGN/2022/1341

The Goa Appropriation (No. 3) Bill, 2022.

519

m.—do—

LA/LEGN/2022/1342

The Goa Appropriation (No. 2) Bill, 2022.

522

New & Renewable Energy

Ord.- 1-2/Admin/NRE/

Discontinuation of Scheme— Promotion of

526

2022-23/80

Electric Vehicle in State of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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473

or subsidies simplifies the Government

delivery processes, brings in transparency

and efficiency, and enables beneficiaries to

get their entitlements directly in a convenient

and seamless manner by obviating the need

to produce multiple documents to prove one’s

identity;

And whereas, the Directorate of Education

(hereinafter referred to as the Department),

is administering the Revised Scheme of

Incentive Scholarship (Pradnya Shodh)

(hereinafter referred to as the Scheme) to

identify the hidden talent of the students at

the end of Std. IV studying in vernacular

medium in Rural, Urban and Slum area, at

Government as well as Government Aided

schools and to provide them financial

assistance as an incentive for getting good

education up to Std. X, which is shall be

jointly implemented by the Directorate of

Education (hereinafter referred to as the

Implementing Agency) and The State Council

of Educational Research and Training,

Porvorim, Goa will conduct the exam

(hereinafter referred to as the Exam

conducting Agency):

And whereas, under the Scheme, the

Scholarship is provided to the eligible student

as per the provisions in the said scheme

(hereinafter referred to as the beneficiaries),

by the Implementing Agency as per the

extant scheme guidelines;

And whereas, the aforesaid Scheme

involves recurring expenditure incurred

from the Consolidated Fund of Government

of Goa.

Now, therefore, in pursuance of section 7

of the Aadhaar (Targeted Delivery of Financial

and Other Subsidies, Benefits and Services)

Act, 2016 (18 of 2016) (hereinafter referred to

as the said Act), the Government of Goa

hereby notifies the following, namely:—

1. (1) A child desirous of availing the

benefit under the scheme shall hereby be

required to furnish proof of possession of

the Aadhaar number or undergo Aadhaar

authentication.

(2) Any child desirous of availing the

benefit under the scheme, who does not

possess the Aadhaar number or, has not

yet enrolled for Aadhaar, shall be required

to make application for Aadhaar enrolment

subject to the consent of his parents or

guardians, before registering for the

scheme provided that he is entitled to

obtain Aadhaar as per section 3 of the said

Act and such children shall visit any

Aadhaar enrolment centre (list available

at the Unique Identification Authority of

India (UIDAI) website www.uidai.gov.in) to

get enrolled for Aadhaar.

(3) As per regulation 12 of the Aadhaar

(Enrolment and Update) Regulations, 2016,

the Department through its Implementing

Agency, is required to offer Aadhaar

enrolment facilities for the beneficiaries

who are not yet enrolled for Aadhaar and

in case there is no Aadhaar enrolment

centre located in the respective Block or

Taluka, the Department through its

Implementing Agency shall provide

Aadhaar enrolment facilities at convenient

locations in coordination with the existing

Registrars of UIDAI or by becoming a UIDAI

Registrar themselves:

Provided that till the time Aadhaar is

assigned to the child, the benefit under the

scheme shall be given to such children

subject to production of the following

documents, namely:—

(a) if the child has been enrolled after

attaining the age of five years (with

biometrics collection), his Aadhaar

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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474

Enrolment Identification slip, or of bio-

metric update identification slip; and

(b) any one of the following documents,

namely:—

(i) Birth Certificate; or Record of

birth issued by the appropriate

authority; or

(ii) School identity card, duly signed

by the Principal of the school, containing

parent’s names; and

as proof of relationship of the beneficiary

with the parent or legal guardian as per

the extant scheme guidelines, namely:—

(i) Birth Certificate; or Record of birth

issued by the appropriate authority; or

(ii) Ration Card; or

(iii)

Ex-Servicemen Contributory Health

Scheme (ECHS) Card; or Employees’

State Insurance Corporation (ESIC)

Card; or Central Government Health

Scheme (CGHS) Card; or

(iv)

Pension Card; or

(v)

Army Canteen Card; or

(vi)

any Government Family Entitlement

Card; or

(vii)

any other document as specified

by the Department:

Provided further that the above documents

shall be checked by an officer specifically

designated by the Department for that

purpose.

2. In order to provide benefits to the

beneficiaries under the scheme conveniently,

the Department through its Implementing

Agency shall make all the required

arrangements to ensure that wide publicity

through media shall be given to the

beneficiaries to make them aware of the said

requirement.

3. In all cases, where Aadhaar authentication

fails due to poor biometrics of the beneficiaries

or due to any other reason, the following

remedial mechanisms shall be adopted,

namely:—

(a) in case of poor fingerprint quality, iris

scan or face authentication facility shall be

adopted for authentication, thereby the

Department through its Implementing

Agency shall make provisions for iris

scanners or face authentication along with

finger-print authentication for delivery of

benefits in seamless manner;

(b) in case the biometric authentication

through fingerprints or iris scan or face

authentication is not successful, wherever

feasible and admissible authentication by

Aadhaar One Time Password or Time-based

One-Time Password with limited time

validity, as the case may be, shall be

offered;

Aadhaar One Time Password or Time-based

One-Time Password authentication is not

possible, benefits under the scheme may

be given on the basis of physical Aadhaar

letter whose authenticity can be verified

through the Quick Response code printed

on the Aadhaar letter and the necessary

arrangement of Quick Response code

reader shall be provided at the convenient

locations by the Department through its

Implementing Agency.

4. Notwithstanding anything contained

hereinabove, no child shall be denied benefit

under the Scheme in case of failure to

establish his identity by undergoing

authentication, or furnishing proof of

possession of Aadhaar number, or in the case

of a child to whom no Aadhaar number has

been assigned, producing an application for

enrolment. The benefit shall be given to him

by verifying his identity on the basis of other

documents as mentioned in clauses (b) and

paragraph 1, and where benefit is given on

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

475

the basis of such other documents, a separate

same, which shall be reviewed and audited

periodically by the Department through its

Implementing Agency.

5. This notification shall come into effect

from the date of its publication in the Official

Gazette.

By order and in the name of the Governor

of Goa.

Shailesh R. Sinai Zingde, Director & ex

officio Jt. Secretary (School Education).

Porvorim, 11th July, 2022.

———ttt———

Department of Finance

Revenue & Control Division

––

Circular

21/9/2011-Fin(R&C)/Part-I/596

Ministry of Finance, Department of

Financial Services, New Delhi vide Notification

F. No. 1/3/2016-PR dated 31-01-2019 has

provided Choice of Pension Fund and

Investment Pattern in Tier-I of NPS, which

are as under:—

(a) Choice of Pension Fund.— The

Government subscriber shall be allowed to

choose any one of the pension funds

including Private sector pension funds. They

can change their option once in a year.

However, the current provision of combination

of Public Sector Pension Funds will be

available as default option for existing as well

as new Government subscriber.

(b) Choice of Investment Pattern.— The

following options for investment choices shall

be offered to Government subscribers.

(i) Default Scheme: The existing scheme

in which funds are allocated among three

Public Sector undertaking fund managers

shall continue as default scheme for both

existing and new subscribers.

(ii) Scheme G: Employees who prefer

returns with comparatively less amount of

risk shall be given an option to invest 100%

of the funds in Government securities.

(iii) Auto Choice Life Cycle Funds:

Employees preferring better returns with

comparatively higher risk shall be given

the options of the following Life Cycle based

schemes:—

• Conservative Life Cycle Fund with

maximum exposure to equity capped at

25%-LC-25 Scheme.

• Moderate Life Cycle Fund with

maximum exposure to equity capped a 50

LC-50 Scheme.

Government subscribers may exercise one

of the above choices of Investment pattern

twice in a financial year.

Now, Government of Goa has adopted the

above mentioned provisions provided an

undertaking should be obtained from such

subscriber stating that the entire risk will be

borne by the subscriber and the State

Government will not bear any expense in case

of loss to the subscriber. Subscriber may

request it online through NSDL portal and

the same will have to be verified and

authorized by Directorate of Accounts.

The Circular referred above is available on

the Directorate of Accounts website

www.accountsgoa.gov.in.

Pranab G. Bhat, Under Secretary, Finance

(R&C).

Porvorim, 19th July, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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476

Goa Legislature Secretariat

–––

LA/LEGN/2022/1307

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 15th July, 2022 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 Fiscal Responsibility and Budget

Management (Amendment) Bill, 2022

(Bill No. 6 of 2022)

Bill

further to amend the Goa Fiscal Responsibility

and Budget Management Act, 2006 (Goa

Act 12 of 2006).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Fiscal

Responsibility and Budget Management

(Amendment) Act, 2022.

(2) It shall be deemed to have come into

force on the 1st day of June, 2022.

2. Amendment of section 5.— In section 5

of the Goa Fiscal Responsibility and Budget

Management Act, 2006 (Goa Act 12 of 2006),

in clause (b), after the existing proviso, the

following proviso shall be inserted, namely:—

“Provided further that for the financial

year 2022-23, additional fiscal deficit of 1%

over and above 3% of the Gross State

Domestic Product (upto 4% of GSDP) shall

be permissible;”

Statement of Objects and Reasons

On the recommendation of Fifteenth

Finance Commission, Government of India,

Ministry of Finance, fixed the normal Net

Borrowing Ceiling for the State at 4% of GSDP

for Financial Year 2022-23, out of which

borrowing of 3.5% of GSDP is unconditional

and borrowing ceiling of 0.5% of GSDP is

allowed for certain performance criteria

subject to amendment to the State Fiscal

Responsibility and Budget Management Act.

As such the Bill seeks to amend section 5 of

the Goa Fiscal Responsibility and Budget

Management Act, 2006 (Goa Act 12 of 2006)

so as to raise borrowing ceiling as permitted

by the Government of India.

This Bill seeks to achieve the above object.

Financial Memorandum

As per the Goa Fiscal Responsibility and

Budget Management Act, 2006 (Goa Act 12

of 2006), the State of Goa was permitted to

raise borrowing of 3% of Gross State Domestic

Product however after amendment of said

Act, an additional 1% (overall 4%) borrowing

space shall be made available for the State of

Goa for the financial year 2022-23 for

developmental activities of the State.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim–Goa

(Dr. Pramod Sawant)

12-07-2022

Chief Minister/

Minister for Finance

Assembly Hall

(Namrata Ulman)

Porvorim–Goa

Secretary to the Legislative

12-07-2022

Assembly of Goa.

Governor’s Recommendation under article

207 of the Constitution of India

In pursuance of Article 207 of the

Constitution of India, I, P. S. Sreedharan Pillai,

the Governor of Goa, hereby recommend the

introduction and consideration of the

Goa Fiscal Responsibility and Budget

Management (Amendment) Bill, 2022, by the

Legislative Assembly of Goa.

Place: RAJ BHAVAN

(P. S. Sreedharan Pillai)

Dated: 12-07-2022

Governor of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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477

ANNEXURE

---------------------------------------------------------------------------

Extract of section 5 of the Goa Fiscal

Responsibility and Budget Management Act,

2006 (Goa Act 12 of 2006)

---------------------------------------------------------------------------

Section 5.

“5. Fiscal Management Targets.— In particular,

and without prejudice to the generality of the

foregoing provisions, the Government shall,—

(a) reduce the revenue deficit to nil by 31st

March, 2015, and adhere to it thereafter;

(b) reduce the ratio of fiscal deficit to Gross

State Domestic Product beginning from the

financial year 2013-14 and strive to keep/

maintain within the norm of 3%;

“Provided that for the financial year 2020-21,

additional fiscal deficit of 2% over and above 3%

of the Gross State Domestic Product (upto 5% of

GSDP) shall be permissible;”

the specified limit under the Goa State

Guarantees Act, 1993 (Goa Act No. 16 of 1993);

(d) ensure that by 31st March, 2015, the ratio

of Debt to Gross State Domestic Product is

brought down to 27%, and thereafter bring it

below 25%;

(e) undertake appropriate measures in cash

management practices so as to avoid recourse to

overdraft from the Reserve Bank of India:”

Provided that revenue deficit and fiscal deficit

may exceed the limits specified under this section

due to ground or grounds of unforeseen demands

on the finances of the Government due to

national security or natural calamity subject to

the condition that the excess beyond limits

arising due to natural calamities does not exceed

the actual fiscal cost that can be attributed to

the calamities:

Provided further that the ground or grounds

specified in the above proviso shall be placed

before the Legislative Assembly as soon as may

be, after it becomes likely that such deficit

amount may exceed the aforesaid limits, with an

accompanying report stating the likely extent of

excess, and reasons therefore”.

Assembly Hall,

Namrata Ulman,

Porvorim-Goa.

Secretary to the Legislative

12th July, 2022.

Assembly of Goa.

LA/LEGN/2022/1308

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 18th July, 2022 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 Provision of Water Supply

(Amendment) Bill, 2022

(Bill No. 7 of 2022)

BILL

to amend the Goa Provision of Water

Supply Act, 2003 (Goa Act 28 of 2003).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:-

1. Short title and commencement.— (1) This

Act may be called the Goa Provision of Water

Supply (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 6.— In the Goa

Provision of Water Supply Act, 2003 (Goa Act

28 of 2003), for section 6, the following section

shall be substituted, namely:—

“6. Offences and Penalties.— Whoever

contravenes any provision of this Act or of

any rules or orders made thereunder, shall,

on conviction by a Judicial Magistrate be

sentenced to pay a fine of, rupees ten

thousand, if the conviction is relating to

the user of piped water for domestic

purpose, and rupees fifty thousand, if the

conviction is relating to the user of piped

water for commercial or industrial

purpose.”

Statement of Objects and Reasons

The Bill seeks to amend Section 6 : Offences

and Penalties of the Goa Provision of Water

Supply Act, 2003 (Goa Act 28 of 2003

(hereinafter referred to as the “said Act”), so

OFFICIAL GAZETTE — GOVT. OF GOA

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478

as to decriminalize in terms of criminal

punishment to fines as per proposed

amendment.

The Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim-Goa,

NILESH CABRAL

Dated:- 13-07-2022.

Hon. Minister for Public

Works.

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

Dated:- 13-07-2022.

Assembly of Goa.

ANNEXURE

---------------------------------------------------------------------------

Extract of section 6 of the Goa Provision of

Water Supply Act, 2003

---------------------------------------------------------------------------

6. Offences and Penalties.— Whoever contravenes

any provision of this Act or of any rules or orders

made thereunder, shall, on conviction by a Judicial

Magistrate, be either sentenced to simple

imprisonment which may extend to a term of three

months or to pay a fine of rupees five thousand, if

the conviction is relating to the user of piped water

for domestic purpose, and to a sentence which may

extend to a term of six months of simple

imprisonment or to a fine of rupees ten thousand,

if the conviction be in connection with the user of

piped water for commercial or industrial purpose.

Porvorim-Goa,

NILESH CABRAL

Dated:- 13-07-2022.

Hon. Minister for Public

Works.

Assembly Hall

NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

Dated:- 13-07-2022.

Assembly of Goa.

LA/LEGN/2022/1309

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 19th July, 2022 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 Registration (Goa Amendment) Bill,

2022

(Bill No. 10 of 2022)

BILL

further to amend the Registration Act, 1908

(Central Act 16 of 1908), as in force in the

State of Goa.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the Republic

of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Registration (Goa

Amendment) Act, 2022.

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

the Government may, by notification in the

Official Gazette, appoint.

2. Omission of section 19 A.— In the

Registration Act, 1908 (Central Act 16 of 1908),

as in force in the State of Goa (hereinafter

referred to as the “principle Act”), section

19A shall be omitted.

3. Amendment of section 20.— In section 20

of the principal Act, after sub-section (2), the

following proviso shall be inserted, namely:—

“Provided that no such note is required

to be made in the register where any

document is registered and uploaded under

online registration system.”.

4. Substitution of section 32 A.— For section

32 A of the principal Act, the following section

shall be substituted, namely:-

“32A.

Compulsory

uploading

photograph, etc.— Every person presenting

any document at the proper registration

office under section 32 shall also upload

OFFICIAL GAZETTE — GOVT. OF GOA

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479

digital photograph and digital finger prints

of both the hands of each party to such

document:

Provided that in case where any

document is uploaded under online

registration system such digital photograph

and digital fingerprints shall be obtained by

the registering officer before admission of

such document for registration.”.

5. Amendment of section 57.— In section 57

of the principal Act, after sub-section (5), the

following sub-section shall be inserted,

namely:—

“(6) In case where the documents are

registered by online registration system and

the Books in respect of such documents as

referred above are maintained digitally, the

applications, payments and issue of copies

thereto shall be in digital form.”.

6. Amendment of section 58.— In section 58

of the principal Act, in sub-section (1), for

clause (c), the following clause shall be

substituted, namely:-

“(c) name, digitally obtained photograph,

digitally obtained finger prints of both hands

and signature of every person who is party

to such document or of his duly authorized

representative, assignee or agent, if the

same is executed by the latter.”.

7. Amendment of section 60.— In section 60

of the principal Act,- for sub-section (1), the

following sub-section shall be substituted,

namely:—

“(1) After such of the provisions of section

34, 35, 58 and 59 as apply to any document

presented for registration have been

complied with, the registering officer shall

registration system and generate a

certificate of registration containing details

such as unique registration number, book

number and date of registration.”;

8. Insertion of new section 71A.— After

section 71 of the principal Act, the following

section shall be inserted, namely:-

“71A. Withholding registration of certain

documents.— (1) The registering officer on

direction of the Revenue Department of the

Government of Goa, may withhold

registration of any document pertaining to

the property as specified in such directions.

(2) The Registration officer on the

direction of the Enforcement Directorate,

Securities and Exchange Board of India,

Income Tax Department or other Statutory

Authority may also withhold registration of

any document pertaining to the property as

specified in such directions.”.

9. Insertion of new PART XII A.— After Part

XII A of the principal Act, the following part

shall be inserted, namely:-

“PART XII A

OF CANCELLATION OF FRADULENT

DOCUMENTS

77A. Institution of suit in case of fraudulent

document.— (1) Any investigating authority

may institute a suit or a case before such court

or Tribunal as notified by the Government for

deciding any document as fraudulent or not.

(2) The investigating authority referred in

sub-section (1) shall file a case before such

Court or Tribunal only after ascertaining on

exhaustive investigation that the document

registered with the registering officer is

fraudulent.

77B. Order for cancellation.— (1) The Court

or Tribunal referred in section 77A may upon

such enquiry as it deems fit order cancellation

of a document which is found to be

fraudulently registered before the Registering

Officer and it may also order restoration of

property in the name of original owner on

cancellation of such document.

(2) The concerned registering officer shall

cancel the document as ordered within two

days from the date of receipt of Order of such

Court or Tribunal.

10. Substitution of section 80.— For section

80 of the principal Act, the following section

shall be substituted, namely:—

“80. Fees payable before presentation.—

All fee for the registration of any document

which would be presented for registration

OFFICIAL GAZETTE — GOVT. OF GOA

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480

under

this

Act

shall

payable

electronically before presentation of such

document. The payment of such fee shall be

valid for a period of four months from the

date of such payment.”.

11. Amendment of section 86.— In section

86 of the principal Act, for the expression “No

registering officer shall be liable to any such

claim or demand by reason of anything in good

faith done or refused in his official capacity”,

the expression “No registering officer shall be

liable to any suit, claims or demand by reason

of anything in good faith done or refused in

his official capacity, except in case of proven

misconduct or lapse in registering any

document which is ordered to be cancelled

under 77B.”.

Statement of Objects and Reasons.

The Bill seeks to omit section 19A from the

Registration Act, 1908 (Central Act 16 of 1908)

(hereinafter referred to as the ‘said Act”) since

the said provision has become redundant as

the registration of documents are now on

digital format under National Generic

Document Registration System (NGDRS) which

is implemented in Goa. Under this system the

original document itself is scanned and

uploaded on system hence true copy is not

required.

The Bill also seeks to amend section 20 of

the said Act since under the National Generic

Document Registration System the original

document itself being scanned and uploaded

and hence there is no scope of interlineation,

blanks etc. where the original documents are

scanned and uploaded.

The Bill also seeks to substitute section 32A

of the said Act as uploading of photographs

and fingerprints would facilitate identification

of the parties to the registration and would

remain in the records of the Department.

The Bill also seeks to amend sections 57, 58

and 60 of the said Act so to incorporate the

systemic changes that have occurred due to

implementation of online registration system.

The Bill also seeks to insert section 71A in

the said Act so as to provide for withholding

the registration of any document on the

direction of the Revenue Department and

certain agencies such as Enforcement

Directorate, Income Tax Department,

Securities and Exchange Board of India, etc.

The Bill also seeks to insert PART XII A in

the said Act so as to provide mechanism for

security of documents which are fraudulent

documents registered under the said Act and

for their cancellation.

The Bill also seeks to substitute section 80

of the said Act to incorporate the systemic

changes that have occurred due to

implementation of online registration system.

This Bill seeks to achieve the above objects.

Memorandum Regarding Delegated

Legislation

Clause 1 (2) of the Bill seeks to empower the

Government to appoint the date for bringing

into force the Act by Notification in the Official

Gazette.

Clause 9 of the Bill empower the Government

to issue notification for notifying a Court or

Tribunal.

Financial Memorandum

No financial implications are involved in this

Bill.

Assembly Hall,

Nilesh Cabral

Porvorim, Goa.

Minister for Law, Judiciary &

14-07-2022.

Legislative Affairs.

Assembly Hall,

Namrata Ulman

Porvorim, Goa.

Secretary to the Legislative

14-07-2022.

Assembly Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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481

“19A. Documents presented for

registration to be accompanied

by true copies thereof.— (1) No

document shall be accepted for

registration

unless

accompanied by it true copy

thereof. (2) The true copy referred

to in sub-section (1) shall be

neatly handwritten, printed,

typewritten, lithographed or

otherwise

prepared

accordance with such rules as

may be made in this behalf.”.

Section

20.

Documents

containing

interlineations,

blanks, erasures or alterations.—

(1) The registering officer may in

his discretion refuse to accept for

registration any document in

which any interlineation, blank,

erasure or alteration appears,

unless the persons executing the

document attest with their

signatures or initials such inter-

lineation, blank, erasure or

alteration. (2) If the registering

officer registers any such

document, he shall, at the time of

registering the same, make a note

in the register of such inter-

lineation, blank, erasure or

alteration.

32A. Compulsory affixing of

photograph, etc.— Every person

presenting any document at the

proper registration office under

section 32 shall affix his passport

size photograph and fingerprints

to the document: Provided that

where such document relates to

the transfer of ownership of

immovable

property,

the

section 19 A shall be omitted

In section 20 of the principal

Act, after sub-section (2), the

following proviso shall be

inserted, namely:- “Provided

that no such note is required

to be made in the register

where any document is

registered and uploaded

under online registration

system.”.

For section 32 A of the

principal Act, the following

section shall be substituted,

namely:—

“32A.

Compulsory

uploading of photograph,

etc.—

Every

person

presenting any document at

the proper registration office

Section

19A

from

the

Registration

Act,

1908

(Central Act 16 of 1908)

(hereinafter referred to as the

‘said Act”) since the said

provision

has

become

redundant as the registration

of documents are now on

digital format under National

Generic Document Registra-

tion System (NGDRS) which is

implemented in Goa. Under

this system the original

document itself is scanned

and up-loaded on system

hence true copy is not

required.

Section 20 of the said Act

since under the National

Generic Document Registra-

tion System the original

document

itself

being

scanned and uploaded and

hence there is no scope of

interlineation, blanks etc.

where

the

original

documents are scanned and

uploaded.

To substitute section 32A of

the said Act as uploading of

photographs and fingerprints

would facilitate identi-

fication of the parties to the

registration and would

remain in the records of the

Department.

ANNEXURE

Name of the Bill: The Registration (Goa Amendment) Bill, 2022

Sr.

Existing Provision

Amendment proposed

Justification for

No.

in the Bill

amendment

OFFICIAL GAZETTE — GOVT. OF GOA

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28TH JULY, 2022

482

passport size photograph and

finger-prints of each buyer and

seller

such

property

mentioned in the document shall

also be affixed to the document.

Section 57. Registering officers to

allow inspection of certain books

and indexes, and to give certified

copies of entries.— (1) Subject to

the previous payment of the fees

payable in that behalf, the Books

Nos. 1 and 2 and the Indexes

relating to Book No. 1 shall be at

all time open to inspection by

any person applying to inspect

the same; and, subject to the

provisions of section 62, copies

or entries in such books shall be

given to all persons applying for

such copies. (2) Subject to the

same provisions, copies of entries

in Book No. 3 and in the Index

relating thereto shall be given to

the persons executing the docu-

ments to which such entries

relate, or to their agents, and after

the death of the executants (but

not before) to any person

applying for such copies. (3)

Subject to the same provisions,

copies of entries in Book No. 4

and in the Index relating thereto

shall be given to any person

executing or claiming under the

documents to which such

entries respectively refer, or to his

agent or representative. (4) The

requisite search, under this

section for entries in Book Nos. 3

and 4 shall be made only by the

registering officer. (5) All copies

given under this section shall be

signed and sealed by the

under section 32 shall also

upload digital photograph

and digital finger prints of

both the hands of each party

to such document:

Provided that in case where

any document is uploaded

under online registration

system

such

digital

photograph and digital

fingerprints

shall

obtained by the registering

officer before admission of

such

document

for

registration.”.

In section 57 of the principal

Act, after sub-section (5), the

following sub-section shall

be inserted, namely:- “(6) In

case where the documents

are registered by online

registration system and the

Books in respect of such

documents as referred above

are maintained digitally, the

applications, payments and

issue of copies thereto shall

be in digital form.”.

To amend section 57 of the

said Act so to incorporate the

systemic changes that have

occurred due to implementa-

tion of online registration

system.

OFFICIAL GAZETTE — GOVT. OF GOA

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483

registering officer, and shall be

admissible for the purpose of

proving the contents of the

original documents.

Section 58. Particulars to be

endorsed on documents admitted

to registration.— (1) On every

document

admitted

registration, other than a copy of

a decree or order, or a copy sent to

a registering officer under section

89, there shall be endorsed from

time to time the following

particulars, namely:— (a) the

signature and addition of every

person admitting the execution

of the document, and, if such

execution has been admitted by

the representative, assign or

agent of any person, the signature

and

addition

such

representative, assign or agent;

(b) the signature and addition of

every person examined in

reference to such document

under any of the provisions of this

Act; and (c) any payment of money

or delivery of goods made in the

presence of the registering officer

in reference to the execution of

the document, and any admission

of receipt of consideration, in

whole or in part, made in his

presence in reference to such

execution.

Section 60. Certificate of

registration.—(1) After such of the

provisions of sections 34, 35, 58

and 59 as apply to any document

presented for registration have

been complied with, the

registering officer shall endorse

thereon a certificate containing

the word “registered”, together

with the number and page of the

book in which the document has

been copied.

In section 58 of the principal

Act, in sub-section (1), for

clause (c), the following

clause shall be substituted,

namely:- “(c) name, digitally

obtained

photograph,

digitally obtained finger

prints of both hands and

signature of every person

who is party to such

document or of his duly

authorized representative,

assignee or agent, if the same

executed

the

latter.”.

In section 60 of the principal

Act,- for sub-section (1), the

following sub-section shall

be substituted, namely:- “(1)

After such of the provisions

of section 34, 35, 58 and 59 as

apply to any document

presented for registration

have been complied with, the

registering officer shall

under online registration

system and generate a

certificate of registration

containing details such as

unique registration number,

book number and date of

registration.”;

To amend section 58 of

the said Act so to

incorporate the systemic

changes

that

have

occurred

due

implementation of online

registration system.

To amend section 60 of

the said Act so to

incorporate the systemic

changes

that

have

occurred

due

implementation of online

registration system.

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484

Insertion of new section

71A.— After section 71 of

the principal Act, the

following section shall be

inserted, namely:-

“ 7 1 A . — W i t h h o l d i n g

registration of certain

documents.— (1) The

registering

officer

direction of the Revenue

Department

the

Government of Goa, may

withhold registration of any

document pertaining to the

property as specified in

such directions. (2) The

Registration officer on

the

direction

the

Enforcement Directorate,

Securities and Exchange

Board of India, Income Tax

Department

other

Statutory Authority may

also withhold registration of

any document pertaining to

the property as specified in

such directions.”.

Insertion of new PART XII

A.—After Part XII A of the

principal Act, the following

part shall be inserted,

namely:-

“PART

XII

CANCELLATION

FRADULENT DOCUMENTS

77A. Institution of suit in

case

fraudulent

document.—

(1)

Any

investigating authority may

institute a suit or a case

before such court or Tribunal

notified

the

Government for deciding

any document as fraudulent

or not. (2) The investigating

authority referred in sub-

section (1) shall file a case

before such Court or

Tribunal

only

after

ascertaining on exhaustive

To insert section 71A in the

said Act so as to provide for

withholding the registration

of any document on the

direction of the Revenue

Department and certain

agencies

such

Enforcement Directorate,

Income Tax Department,

Securities and Exchange

Board of India, etc.

To insert PART XII A in the

said Act, so as to provide

mechanism for security of

documents

which

are

fraudulent

documents

registered under the said Act

and for their cancellation.

OFFICIAL GAZETTE — GOVT. OF GOA

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485

To substitute section 80 of

the said Act to incorporate

the systemic changes

those have occurred due to

implementation of online

registration system.

The registering officer

shall be liable in case of

proven misconduct or lapse

registering

any

document

which

ordered to be cancelled

under 77B.”.

investigation

that

the

document registered with the

registering

officer

fraudulent.

77B.

Order

for

cancellation.— (1) The Court

or Tribunal referred in section

77A may upon such enquiry

as it deems fit order

cancellation of a document

which is found to be

fraudulently

registered

before the Registering Officer

and it may also order

restoration of property in the

name of original owner on

cancellation

such

document. (2) The concerned

registering officer shall

cancel the document as

ordered within two days from

the date of receipt of Order of

such Court or Tribunal.

For section 80 of the principal

Act, the following section

shall be substituted, namely:-

“80. Fees payable before

presentation.- All fee for the

registration of any document

which would be presented for

registration under this

Act

shall

payable

electronically

before

presentation

such

document. The payment of

such fee shall be valid for a

period of four months from the

date of such payment.”.

Amendment of section 86.- In

section 86 of the principal Act,

for the expression “No

registering officer shall be

liable to any such claim or

demand

reason

anything in good faith done

or refused in his official

capacity”, the expression “No

registering officer shall be

liable to any suit, claims or

Section 80. Fees payable on

presentation.— All fees for the

registration of documents under

this Act shall be payable on the

presentation of such documents.

Section 86. Registering officer not

liable for thing bona fide done or

refused in his official capacity.—

No registering officer shall be liable

to any suit, claim or demand by

reason of anything in good faith

done or refused in his official

capacity.

OFFICIAL GAZETTE — GOVT. OF GOA

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28TH JULY, 2022

486

demand by reason of anything

in good faith done or refused

in his official capacity, except

in case of proven misconduct

or lapse in registering any

document which is ordered to

be cancelled under 77B.”.

———t———

LA/LEGN/2022/1310

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 19th July, 2022 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 Change of Name and Surname

(Amendment) Bill, 2022

(Bill No. 11 of 2022)

BILL

further to amend the Goa Change of Name and

Surname Act, 1990 (Goa Act No. 8 of 1990).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of Republic of

India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Change of Name

and Surname (Amendment) Act, 2022.

(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 Change of Name and Surname Act,

1990 (Goa Act No. 8 of 1990) (hereinafter

referred to as the “principal Act”),- clauses (a)

and (h) shall be omitted;

3. Amendment of section 3.— In section 3 of

the principal Act,—

(i) for the words “Registrar” and “Chief

Registrar”, wherever they occur, the words

“Civil Judge Junior Division” and “District

Judge” shall be respectively substituted;

(ii) in sub section (1),—

(a) for the words “Any person” the

expression “Any person who is born and

whose birth is registered, in the State of

Goa, and whose either of parents or

grandparents’ is born in the State of Goa,”

shall be substituted;

(b) for the words “surname or both”,

the words “surname or both as recorded

in the birth register in the State of Goa”

shall be substituted.

Statement of Objects and Reasons

The Goa Change of Name and Surname Act,

1990 has been enacted to lay down the

procedure for change of name and surname

of any person born in the State of Goa. The rules

made under the said Act provide procedure

to be followed for effecting the change of name

and surname of such person.

The said Act provides for creation of the

document which is of significant importance.

Further, sub-rule (5) of rule 3 of the Goa Change

of Name and Surname Rules, 1991 provides for

examination of witnesses, hence it is

imperative that the functions under the said

Act be administered by the Judicial Officers.

The Bill, therefore, seeks to amend section 3 of

the said Act to that extent.

This Bill seeks to achieve the above objects.

OFFICIAL GAZETTE — GOVT. OF GOA

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Memorandum Regarding Delegated Legislation

Clause 1(2) of the Bill empowers the Government to appoint a date by notification in the

Official Gazette for bringing Act, in force. This delegation is of normal character.

Financial Memorandum

No financial implications are involved in this Bill.

Assembly Hall,

NILESH CABRAL

Porvorim, Goa.

Minister for Law, Judiciary &

14-07-2022.

Legislative Affairs.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to Legislative

14-07-2022.

Assembly of Goa.

________

ANNEXURE

Name of the Bill: The Goa Change of Name and Surname (Amendment) Bill, 2022

Sr.

Existing Provision

Amendment proposed

Justification for

No.

in the Bill

amendment

Section

Definitions.—

(a) “Chief Registrar” means an

officer authorised by the

Government to exercise the

powers and perform the duties of

the Chief Registrar under this

Act;

(b) “Government” means the

Government of Goa;

having the care of a minor or of

his property, or of both his person

and property;

(d) “minor” means a person who,

under the provisions of the

Indian Majority Act, 1875

(Central Act 9 of 1975), is to be

deemed not to have attained his

majority;

(e) “Official Gazette” means the

Goa Government Gazette;

(f)

“prescribed”

means

prescribed by rules made under

this Act;

(g) “register” means a register of

change of name and surname

maintained under this Act;

(h) “Registrar” means an officer

authorised by the Government to

exercise the powers and perform

In section 2 of the Goa

Change

Name

and

Surname Act, 1990 (Goa Act

No. 8 of 1990) (hereinafter

referred to as the “principal

Act”),- clauses (a) and (h)

shall be omitted;

lay

down

the

procedure for change of

name and surname of any

person born in the State

of Goa. The rules made

under the said Act

provide procedure to be

followed for effecting the

change of name and

surname of such person.

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SERIES I No. 17

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488

the duties of the Registrar under

this Act and includes the Civil

Registrar exercising the powers

under the Codigo do Registo Civil

do Estado da India approved

by Decree dated 09-11-1912.

Section 3. Application for change

of name and surname of any

person.- “1 Any person desirous

of changing his name or surname

or both in the following

circumstances, namely:

(a) wrong or improper entry of

name or surname;

(b) correction of spelling in the

name or surname or to make

correct version of name or

surname;

name or surname;

(d) name or surname erroneously

written; shall apply to the

Registrar

respective

jurisdiction in which his birth is

recorded in the prescribed form

along with an affidavit for

correction of name or surname or

both mentioning therein details

like name, date of birth, parents

name, name of the spouse,

residential address, etc. and

submit documents in which

version of existing name or

surname is mentioned:

Provided that if such a person

is a minor, the application shall

be made by his guardian.”;

(i) for sub-section (2), the

following sub-section shall be

substituted, namely:-

“(2) On receipt of the application,

the Registrar shall publish the

notice thereof by affixing it in the

notice board of his office and

publish the relevant notice in the

Official Gazette and also in two

local dailies/newspapers, one

english and other in vernacular

language,

having

wide

circulation in the State of Goa,

calling for objections, if any, on

the application within thirty

days from the date of the notice.”;

In section 3 of the principal

Act,-

(i) for the words “Registrar”

and

“Chief

Registrar”,

wherever they occur, the

words “Civil Judge Junior

Division” and “District

Judge” shall be respectively

substituted;

(ii) in sub-section (1),-

(a) for the words “Any person”

the expression “Any person

who is born and whose birth

is registered, in the State of

Goa, and whose either of

parents or grandparents’ is

born in the State of Goa,” shall

be substituted;

(b) for the words “surname or

both” , the words “surname

or both as recorded in the

birth register in the State of

Goa” shall be substituted.

The Act provides for

creation of the document

which is of significant

importance. Further, sub-

rule (5) of rule 3 of the Goa

Change of Name and

Surname Rules, 1991,

provides for examination

of witnesses, hence it is

imperative

that

the

functions under the said

Act be administered by

the Judicial Officers.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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489

LA/LEGN/2022/1311

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 19th July, 2022 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 Succession, Special Notaries

and Inventory Proceeding (Amendment)

Bill, 2022

(Bill No. 12 of 2022)

BILL

further to amend the Goa Succession, Special

Notaries and Inventory Proceeding Act,

2012 (Goa Act 23 of 2016).

BE it enacted by the Legislative Assembly of

Goa in the Seventy-third Year of the Republic

of India as follows:-

1. Short title and commencement.— (1) This

Act may be called the Goa Succession, Special

Notaries

and

Inventory

Proceeding

(Amendment) Act, 2022.

(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 Succession, Special Notaries and

Inventory Proceeding Act, 2012 (Goa Act 23

of 2016) (hereinafter referred to as “the

principal Act”), in clause (z), after the words

“a written account”, the expression “, either

electronic or manual including online

procedure” shall be inserted.

3. Amendment of section 35.— In section

35 of the principal Act,—

(i) for sub-section (1), the following sub-

-section shall be substituted, namely:—

“(1) Renunciation of an inheritance

shall be made before the Court or before

the Special Notary having jurisdiction

over the place where the succession

opens.”;

(ii) after sub-section (4), the following

sub-section shall be inserted, namely:—

“(4A) All such files shall be bound in

volumes containing 200 pages each,

numbered consecutively and each

volume maintained annually shall be

numbered serially starting from Volume

I of year……..”.

4. Amendment of section 52.— In section 52

of the principal Act, in sub-section (1),—

(a) after item (i), the following item shall

be inserted, namely:—

“(ia) on the surviving spouse;”;

(b) for item (iii), the following item shall

be substituted, namely:—

“(iii) on the brothers and sisters and

their descendents;”;

5. Insertion of new section 307A.— After

section 307 of the principal Act, the following

section shall be inserted, namely:—

“307A. Jurisdiction to draw instruments

and deeds.— The special Notary shall have

jurisdiction to draw instruments and deeds

including wills as below:—

(i) The Special Notary having

jurisdiction over the place where the

succession opens shall be competent to

draw deed of declaration of heirship and

deed of renunciation.

(ii) The Special Notary having

jurisdiction over the place of permanent

residence of the Testator/Testatrix, Donor

or the executing party shall draw a will,

consent

power

attorney

respectively:

Provided that whenever owing to

medical disability condition the Testator/

Testatrix is admitted to hospital or

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490

restricted at a place other than his

permanent residence, then on production

of valid medical documents, the will can

be drawn by the Special Notary having

jurisdiction over such place.”.

6. Amendment of section 308.—In section

308 of the principal Act, in sub-section (2), for

the expression “District Judge of the

respective district court or an additional

district judge nominated by him, as the case

may be”, the words “District Special Notary

of the respective District” shall be substituted.

7. Amendment of section 310.— In section

310 of the principal Act, for the expression

“District Judge of the respective District Court

or an Additional District Judge nominated by

him, as the case may be”, the words “District

Special Notary of the respective district” shall

be substituted.

8. Amendment of section 320.— In section

320 of the principal Act, in sub-section (3), for

the expression “within 3 days”, the expression

“within 30 days after hearing all the parties”

shall be substituted.

9. Amendment of section 324.— In section

324 of the principal Act,—

(i) in sub-section (i), in clause (iv), for the

expression “The power of attorney executed

abroad shall be countersigned by the Indian

Diplomatic Agent or the Consular services

and shall be duly stamped by the competent

Collector in Goa;”, the expression “The

Power of attorney executed abroad except

where a certificate called an Apostille has

been issued thereto, shall be countersigned

by the Indian Diplomatic Agent or the

Consular services and shall be duly

stamped by the competent Collector in

Goa;” shall be substituted;

(ii) in sub-section (2), the words “or

certified copy thereof” shall be omitted.

10. Amendment of section 333.— In section

333 of the principal Act, in sub-section (7), for

the words “District Judge”, the words

“District Special Notary” shall be substituted.

11. Amendment of section 337.— In section

337 of the principal Act, the expression “The

testator may keep the closed will with himself

or hand it over to a person of his confidence”

shall be added at the end.

12. Omission of sections 338, 339 and 340.—

In the principal Act, sections 338, 339 and 340

shall be omitted.

13. Amendment of section 346.— In section

346 of the principal Act,-

(i) in sub-section (4), the words “or a

certified copy issued by an institution

maintaining such records” shall be omitted;

(ii) after sub-section (4), the following

sub-section shall be inserted, namely:—

“(4A) In the event when a party to

succession deed produces documents of

his identity and the names on the

documents produced are different, the

parties may produce a certificate issued

by the Mamlatdar for certifying the

names appearing in different certificates

are that of one and the same person.”.

14. Insertion of new section 346A.— After

section 346 of the principal Act, the following

section shall be inserted, namely:—

“346A. Printed Deed of Declaration of

Heirship.— (1) The Declarants and

interested parties as specified in section 346

may opt to present to the Special Notary, a

computer generated printout in black ink

of the unsigned Deed of Declaration of

Heirship, written in the language of the

Court, complying with all the legal

formalities as specified under section 346

and other provisions under this Act on a

standard ledger paper (Legal Size) leaving

a margin of 5 cm. on left side, 3 cms on top

and the bottom and 2 cms. on the right side

of the paper. The print shall be in Times New

Roman Script with double spacing and

continuous without break between words

and numbers shall be written in words,

accompanied by all the documents required

for registration of said deed.

(2) Upon submission of printed Deed of

Declaration of Heirship, all the parties shall

put their name, sign and thumb impression

by appearing in the office of the Special

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491

Notary, and thereafter the Special Notary

shall sign the said deed.

(3) All the printed Deeds of Declaration of

Heirship registered before the Special

Notary alongwith all the supporting

documents, until they are preserved in a

form of a bound book, as provided in sub-

section (4), shall be maintained in a

provisional file. In the same file, all the Deeds

of Declaration of Heirship so presented shall

be kept as per the serial order of its

presentation and their pages numbered

serially.

(4) At the end of every 200 sheets, the

District Special Notary of the concerned

district shall initial all the pages of the Deed

of Declaration of Heirship contained in the

file and ensure that the sheets are bound in

a book.”.

Statement of Objects and Reasons

The Bill seeks to amend section 2 (z) of the

Goa Succession, Special Notaries and

Inventory Proceedings Act, 2021 (Goa Act 23

of 2016) (hereinafter referred to as the ‘said

Act’) so as to introduce the concept of digital

record i.e. electronic form of making or

drawing a record by the Special Notary.

The Bill further seeks to amend section 35

of the said Act so as to introduce jurisdiction

based on section 9 and lay down procedure

for filing the documents submitted to Special

Notary.

The Bill also seeks to amend section 52 of

the said Act so as to rectify the order of legal

succession.

The Bill also seeks to insert new section

307A in the said Act to lay down jurisdiction,

as there is no provision for entertaining the

applications for drawing of various

instruments and deeds including wills based

on jurisdiction.

Various books, indexes, etc., and printed

wills have to be countersigned by the District

Judge or Additional District Judge nominated

by him. This process is time consuming and

sometimes cumbersome for offices situated at

distance and therefore the Bill seeks to amend

section 308 and section 310 of the said Act, to

authorise District Special Notary with these

powers.

The Bill also seeks to amend section 324 of

the said Act as the matters regarding power

of attorney executed outside India to be

countersigned by Indian Diplomatic Agent is

governed by International Law which changes

from time to time, and at present, the power

of attorney may not be required to be

countersigned by Indian Diplomatic Agent, as

Republic of India is a party to Hague Apostille

Convention. Amendment is also proposed for

removing the option of certified copy of power

of attorney and the original power of attorney

has to be submitted in office for authenticity

of the record and as provided in other sections

for other Notarial acts;

The Bill also seeks to amend section 337 of

the said Act so as to include the option of either

keeping the closed will with the testator or

with person of his confidence, when it is

delivered to him after completing the

formalities by the Special Notary;

As the Special Notary Offices are not well

equipped with latest security protocol, such

as, fire extinguishers, fire proof vaults and

boxes, etc., it is risky to take custody of closed

wills and keep them in the office, moreover, if

the closed wills remains with the party it will

be more safe and testator will take due care of

it. Therefore, sections 338, 339 and 340 of the

said Act are proposed for omission;

The Bill also seeks to amend section 346 of

the said Act as the same is ambiguous and

allows party to submit any document issued

by any institution, legally not empowered to

maintain the same;

The Bill also seeks to insert a new section

346A in the said Act for providing a printed

Deed of Declaration of Heirship, in similar line

of printed open will.

This Bill seeks to achieve the above objects.

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Memorandum Regarding Delegated Legislation

No delegated legislation is envisaged in this Bill.

Financial Memorandum

No financial implications are involved in this Bill.

Porvorim–Goa

NILESH CABRAL

Dated: 14-07-2022.

Hon. Minister for Law and Judiciary

Assembly Hall,

Porvorim-Goa

Namrata Ulman

Dated: 14-07-2022.

Secretary to the Legislative Assembly of Goa

_______

ANNEXURE

Name of The Bill: The Goa Succession, Special Notaries and Inventory Proceeding (Amendment) Bill, 2022.

Sr.

Existing Provision

Amendment proposed

Justification for

No.

in the Bill

amendment

Section 2(z) “to make a record”

or “to draw a record” means to

draw up a written account of

an act or a series of acts under

authority of law by the Special

Notary and designed to furnish

permanent authentic evidence

of the matters to which it

relates;

Section 35. How renunciation is

effected.— (1) Renunciation of

an inheritance shall be made

before the Court having

jurisdiction over the place

where the succession opens or

before any Special Notary. (2)

When made before the Court, it

shall be drawn in a book which

shall have it’s pages duly

numbered, and initialled by the

Court and when made by the

Special Notary, it shall be drawn

in his respective Book. The deed

or record of renunciation by the

heir shall be written in indelible

Amendment of section 2.— In

section 2 of the Goa

Succession, Special Notaries

and Inventory Proceeding

Act, 2012 (Goa Act 23 of 2016)

(hereinafter referred to as “the

principal Act”), in clause (z),

after the words “a written

account”, the expression “,

either electronic or manual

including online procedure”

shall be inserted.

Amendment of section 35.- In

section 35 of the principal

Act,-(i) for sub-section (1), the

following sub section shall be

substituted, namely:— “(1)

Renunciation

inheritance shall be made

before the Court or before the

Special

Notary

having

jurisdiction over the place

where

the

succession

opens.”; (ii) after sub-section

(4), the following sub-section

shall be inserted, namely:

“(4A) All such files shall be

bound in volumes containing

As to introduce the concept of

digital record i.e. electronic

form of making or drawing a

record by the Special Notary.

To amend section 35 of the said

Act so as to introduce

jurisdiction based on section 9

and lay down procedure for

filing the documents submitted

to Special Notary.

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black ink in a clear and legible

handwriting. (3) It is the duty of

the court to inspect the book

once a year and record a

certificate of inspection on the

page immediately following the

last page used. The register

shall be maintained in the

chronological order and shall be

preserved as a permanent record

of the court. (4) When an heir

renounces the inheritance

through his attorney, the power

of attorney shall be also

preserved in a separate file

maintained for the purpose and

the page at which the power of

attorney is placed shall be

mentioned at the bottom of the

deed. The file shall have an

index of the powers of attorney.

Section 52. Order of legal

succession.— (1) The legal

succession shall devolve in the

following order:—(i) on the

descendants;

(ii)

the

ascendants, subject to the

provisions of sub-section (2) of

section 72; (iii) on the brothers

and their descendants; (iv) on

the surviving spouse; (v) on the

collaterals not comprised in

clause (iii) upto the 6th degree;

(vi) on the State, provided that,

in the absence of testamentary

or intestate heir of a beneficial

owner or of an emphyteusis, the

property shall revert to the

direct owner. (2) In respect of

persons referred to in clauses (i),

(ii) and (iii) of sub-section (1),

the agricultural produce or

fruits, gathered or growing,

meant and necessary for the

maintenance of the couple shall

be deemed to be the personal

property of the surviving spouse,

provided that on the date of the

opening of the inheritance there

is no suit for divorce or

separation of persons and

properties, pending or decreed.

200 pages each, numbered

consecutively and each

volume maintained annually

shall be numbered serially

starting from Volume 1 of

year…”.

Amendment of section 52.—

In section 52 of the principal

Act, in sub-section (1),—

(a) after item (i), the

following item shall be

inserted, namely:- “(ia) on

the surviving spouse;”; (b)

for item (iii), the following

item shall be substituted,

namely:- “(iii) on the brothers

and sisters and their

descendents;”; (c) item

(iv) shall be omitted.

To amend section 52 of the

said Act so as to rectify the

order of legal succession.

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———-

308. Obligation of the State to

provide books to the Special

Notary.—

(1)

The

State

Government shall provide for the

office of every Special Notary,

District Special Notary and State

Special Notary the books

necessary for the purposes of

this Act. (2) The books so

provided shall contain the forms

prescribed and the pages of such

books shall be consecutively

numbered in print, and the

number of pages in each book

shall be certified on the title

Insertion of new section

307A.— After section 307 of

the principal Act, the

following section shall be

inserted, namely:—

“307A. Jurisdiction to draw

instruments and deeds.—

The special Notary shall have

jurisdiction

draw

instruments and deeds

including wills as below:—

(i) The Special Notary having

jurisdiction over the place

where the succession opens

shall be competent to draw

deed of declaration of

heirship

and

deed

renunciation.(ii) The Special

Notary having jurisdiction

over the place of permanent

residence of the Testator/

Testatrix, Donor or the

executing party shall draw a

will, consent or power of

attorney

respectively:

Provided that whenever

owing to medical disability

condition the Testator/

Testatrix is admitted to

hospital or restricted at a

place

other

than

his

permanent residence, then

on production of valid

medical documents, the will

can be drawn by the Special

Notary having jurisdiction

over such place.”.

Amendment of section 308.—

In section 308 of the principal

Act, in sub-section (2), for the

expression “District Judge of

the respective district court

or an additional district judge

nominated by him, as the case

may be”, the words “District

Special Notary of the

respective District” shall be

substituted.

To insert new section 307A in

the said Act to lay down

jurisdiction, as there is no

provision for entertaining the

applications for drawing of

various instruments and deeds

including wills based on

jurisdiction.

Various books, indexes, etc.,

and printed wills have to be

countersigned by the District

Judge or Additional District

Judge nominated by him. This

process is time consuming and

sometimes cumbersome for

offices situated at distance and

therefore the Bill seeks to

amend section 308 and section

310 of the said Act, to authorise

District Special Notary with

these powers.

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page by the District Judge of

the respective district court or

an additional district judge

nominated by him, as the case

may

be.

(3)

The

State

Government shall supply to the

office of the Special Notaries

with a fire proof box, and shall

in each sub-district make

suitable provisions for the safe

custody of the records connected

with the State Special Notary.

(4) The State Government shall

provide the embossed seals to

the Special Notaries, District

Special Notaries and the State

Special Notary.

310. Requirement of the notarial

books.— The notarial books shall

have a record of their opening

and closing, signed by the

District Judge of the respective

District Court or an Additional

District Judge nominated by

him, as the case may be.

Section 320. Refusal to perform

an act.— (1) Order of refusal to

record reasons.— When the

Special Notary refuses in writing

to perform an act, which he is

empowered to do, he shall make

an order of refusal expeditiously

and record his reasons for such

order in his Book No. IX and

endorse the words “refused to

draw” on the draft document, if

any, is presented, and, on an

application made by any person

who has an interest in causing

it to be drawn, shall, without

payment and unnecessary delay,

give him a copy of the reasons

so recorded.(2) Application

for reconsideration.— The

aggrieved party may call upon

such Notary to reconsider his

refusal. (3) Duty to forward to

the District Special Notary

the

application

for

re-

consideration.— In the event

Amendment of section 310.—

In section 310 of the principal

Act, for the expression

“District Judge of the

respective District Court or an

Additional District Judge

nominated by him, as the case

may be”, the words “District

Special Notary of the

respective District” shall be

substituted.

Amendment of section 320.—

In section 320 of the principal

Act, in sub-section (3), for the

expression “within 3 days”,

the expression “within 30

days after hearing all the

parties” shall be substituted.

As stated in above para 5.

The period is extended from 3

to 30 days.

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the Special Notary does not

reconsider the refusal within

forty-eight hours, then he is

bound to send the application

for reconsideration to the

District Special Notary as

Appellate Authority, along with

the respective documents and

his report wherein he shall

record reason for his refusal to

perform the act. The District

Special Notary shall give his

decision affirming, reversing or

altering such order within 3

days.

Section 324. Requisites of

authentic documents.— (1) The

requisites of the authentic

documents are as follows:— (i)

the hour, date, month, year and

the place where the document

was drawn or signed when

drawn outside the office and the

statement that the Special

Notary went there at the express

request of the party; (ii) full

name of the Special Notary, his

designation as such Special

Notary, and the address of his

office;(iii) full names, age,

marital status, professions and

addresses of the parties, and of

their attorney or representa-

tives, if the latter intervened

directly in the deed; (iv) a

reference to the powers of

attorney and other documents

which prove they are attorneys

or representatives, so also other

documents relating to the acts

or which are part and parcel of

the latter, with the dates and

other details which identify

them. The power of attorney

executed abroad shall be

countersigned by the Indian

Diplomatic Agent or the

Consular services and shall be

duly stamped by the competent

Collector in Goa; (v) the

acknowledgement

the

identity of the parties from his

personal knowledge or from the

To amend section 324 of the

Act as the matters regarding

power of attorney executed

outside

India

countersigned by Indian

Diplomatic Agent is governed

by International Law which

changes from time to time, and

at present, the power of

attorney may not be required

to be countersigned by Indian

Diplomatic Agent, as Republic

of India is a party to Hague

Apostille

Convention.

Amendment is also proposed

for removing the option of

certified copy of power of

attorney and the original

power of attorney has to be

submitted

office

for

authenticity of the record and

as provided in other sections

for other Notarial acts;

In section 324 of the principal

Act, — (i) in sub-section (i),

in clause (iv), for the

expression “The power of

attorney executed abroad

shall be countersigned by

the Indian Diplomatic Agent

or the Consular services and

shall be duly stamped by the

competent Collector in

Goa;”, the expression “The

Power of attorney executed

abroad except where a

certificate

called

Apostille has been issued

thereto, shall be counter-

signed by the Indian

Diplomatic Agent or the

Consular services and shall

be duly stamped by the

competent Collector in

Goa;” shall be substituted;

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statement of the identifiers who

know them;(vi) reference of the

oath taken by the interpreters

and the reasons which required

their intervention and the

manner

which

the

interpreters ascertained the

wishes of the parties and

explained to them the contents

of the documents; (vii) full

names, age, status, professions

and address of the witnesses,

interpreters and identifiers and

also of the persons who read the

documents at the request of the

parties; (viii) the statement of

the party that he does not know

to sign or cannot sign; (ix)

reference to the fact that the

Special Notary has read aloud

the document to the parties in

the simultaneous presence of

the parties, the witnesses and

other persons who have

intervened and of the reading

by the interpreter or by any of

the parties or any other person

their

request,

when

compulsory; (x) the errata memo

describing the corrections,

interlineations, alterations,

words struck through or if any

erasures before the signatures

of parties, witnesses and Special

Notary; (xi) signatures of the

parties at the end of the text

when they know or can sign and

of the witnesses and other

persons who have intervened;

(xii) signature of the Special

Notary which shall be made at

the end of the document; (xiii)

the value of the notarial stamp

affixed shall be mentioned in

the instrument; (xiv) the

instrument shall be recorded in

the language of the court.

Where the party does not know

such language, the page where

the instrument is written shall

be divided into two columns and

in left column the instrument

shall be recorded in the

language of the court and in the

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right in the language known to

the party. The translator shall

intervene in the instrument and

shall solemnly declare that the

translation is true and correct.

The instrument shall be

recorded continuously, without

any blank space or blank line.

(2) The originals of powers of

attorney given by the parties to

the attorneys for intervening in

a Notarial act have to be

produced before the Special

Notary who shall place them or

certified copy thereof on record

in his office.

333. Printed open will.— (1) (a)

A testator who knows to read,

may opt to present to the

Special Notary a computer

generated printout of the

operative part of his will on a

standard paper of the size 29.7

cms x 21 cms entitled ‘open will’

and declare before the Special

Notary that the printout

contains his last wish in the

presence of two credit worthy

witnesses, who shall identity

the testator, and certify that the

testator is in his perfect senses

and free from coercion. (b) The

will shall be printed in double

line spacing on one side of the

paper only leaving a margin of

5 cm. on left side, 3 cms on top

and the bottom and one cm on

the right side of the paper. The

print shall be continuous

without break between words

and numbers shall be written

in words.(c) After the title, the

testator shall set out his full

name, occupation, marital status

and description which shall

contain the names of both the

parents, his age and place of

residence.(d) All the open wills

brought before the Notary, until

they are preserved in a form of

a bound book, as provided in

sub-section (7), shall be

maintained in a provisional file.

In section 333 of the principal

Act, in sub-section (7), for the

words "District Judge", the

words “District Special

Notary”

shall

substituted.

Power delegated to District

Special Notary.

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In the same file, all the wills so

presented shall be kept as per

the

serial

order

its

presentation and their pages

numbered serially. (2) In the

presence of the said witnesses,

the Special Notary shall verify

from the testator whether the

will presented by him expresses

his last wish according to his

intention and whether the

testator is in his perfect senses

and free from coercion. The

Special Notary shall, thereupon,

record

the

will

the

continuous numbers of the pages

which it bears in the file

maintained for preserving open

wills. Every page shall be signed

by the testator, and the two

witnesses to the will just above

the first line and below the last

line in the presence of the

Special Notary. The Special

Notary shall then make a record

thereof immediately next to the

signatures on the last page of

the will and it shall continue

without interruption on the

same

page

and

the

subsequent pages. (3) The record

to be made by the Special Notary

in the presence of the testator

and the witnesses shall the

contain the following:— (a) that

the will was presented by the

testator in person and that the

testator declared that it was his

last wish; (b) that all the pages

of the will were signed by the

testator and the witnesses in his

presence; (c) state the number

of pages the will contains; (d)

make mention to any blot,

interlineations, correction or

marginal note in the will; (e) that

the testator was identified by

witnesses; (f) that the testator

was in his perfect senses and

wholly free from coercion; (g) the

number which the pages will

bear in the file containing open

will. (4) The Special Notary shall

read aloud in the presence of

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the

witnesses

the

will

presented by the testator and

the record made, and after

specifying the place, date

month and year the record shall

be signed by the testator, the

witnesses and the Special

Notary. (5) The Special Notary

shall then affix a passport size

photograph of the testator,

supplied by the testator, just

below the record made by the

Special Notary and he shall also

sign across the photograph and

certify that the photograph is

of the testator immediately after

all

the

formalities

are

completed, the Special Notary

shall issue a certified Photostat

copy of the will with the record

made by him, to the testator and

then shall file the will in the

file maintained for the purpose.

(6) The Special Notary shall

enter the particulars as

provided in sub-section (2)

above and of the date of the

open will in a book maintained

for the purpose. (7) At the end

of every 200 sheets, the District

Judge of the concerned district

shall initial all the pages of the

wills contained in the file and

ensure that the sheets are

bound in a book. (8) The Special

Notary shall reject the printed

open will presented by the

testator if the said will is not

written in the language of the

court

language

commonly known in the district

or is written in a language not

known to the Special Notary. In

this event, the testator may

request the Special Notary to

draw a public will.

337. Delivery of the closed

will.— Once the will is

approved and closed in a cover,

it shall be delivered to the

testator and the Special Notary

shall enter in his book a note

recording the place where, and

10.

In section 337 of the principal

Act, the expression “The

testator may keep the closed

will with himself or hand it

over to a person of his

confidence” shall be added

at the end.

to amend section 337 of the

said Act so as to include the

option of either keeping the

closed will with the testator or

with person of his confidence,

when it is delivered to him after

completing the formalities by

the Special Notary;

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the day, month and year, when

the will was approved and

delivered.

338. Custody of the closed will

and its deposit with the Special

Notary.— (1) The testator may

keep the closed will with himself

or hand it over to a person of his

confidence or deposit it in safe

custody of the Special Notary.

(2) The testator who wishes to

deposit his will in any Special

Notary’s office, shall hand it over

to the Special Notary and the

Special Notary shall make a

record of deposit or cause such

record to be drawn. The record

shall be signed by him and the

testator, in the respective book.

(3) On receiving such cover, the

Special Notary, if satisfied that

the person presenting the same

for deposit is the testator or his

agent, shall record in the same

book and on the said cover the

year, month, day and hour of

such presentation and receipt,

and the names of any persons

who may testify to the identity

of the testator or his agent, and

any legible inscription which

may be on the seal of the cover.

4) The Special Notary shall then

place and retain the sealed

cover in his fire proof box. 339.

Who may deposit the will.— The

will may be presented and

deposited through any attorney,

in which case, the Power of

Attorney shall be annexed to the

will. 340. Special power of

attorney for return of the will.—

Such special power of attorney

shall be drawn by any Special

Notary and signed by two

witnesses in the concerned

book.

346. Declaration of heirship.— (1)

After the succession opens, and

the law does not require

that mandatory inventory

proceedings be instituted to

In the principal Act, sections

338, 339 and 340 shall be

omitted.

In section 346 of the principal

Act,-

(i) in sub-section (4), the

words “or a certified copy

issued by an institution

11.

12.

As the Special Notary Offices

are not well equipped with

latest security protocol, such

as, fire extinguishers, fire proof

vaults and boxes, etc., it is risky

to take custody of closed wills

and keep them in the office,

moreover, if the closed wills

remains with the party it will

be more safe and testator will

take due care of it. Therefore,

sections 338, 339 and 340 of the

said Act are proposed for

omission;

to amend section 346 of the

said Act as the same is

ambiguous and allows party

to submit any document

issued by any institution,

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maintaining such records”

shall be omitted; (ii) after sub-

section (4), the following sub-

section shall be inserted,

namely:- “(4A) In the event

when a party to succession

deed produces documents of

his identity and the names

on the documents produced

are different, the parties may

produce a certificate issued

by the Mamlatdar for

certifying

the

names

appearing

different

certificates are that of one

and the same person.”.

Insertion of new section

346A.— After section 346 of

the principal Act, the

following section shall be

inserted, namely:- “346A.

Printed Deed of Declaration

Heirship.-

(1)

The

Declarants and interested

parties as specified in

section 346 may opt to

present to the Special Notary,

a computer generated

printout in black ink of the

partition

the

inheritance,

heirship may be proved by a

deed of declaration of heirship

drawn by the Special Notary. (2)

Three persons and at least one

of the interested parties shall

have to declare on oath before

the Special Notary that the

interested party or parties

named by them are the only heir

or heirs of the deceased. If such

deceased person was married,

the name of the spouse shall

also be disclosed and whether

the spouse is surviving or has

expired. The interested party

shall also declare in the act

whether the value of the

inheritance exceeds Rs. 10 lakhs

or not shall disclose the names

of the spouses of the heirs, if

any. (3) The declarants shall

produce

the

following

documents:—

(a)

death

certificate of the deceased; (b)

will or gift deed mortis causa,

when the succession is founded

on such document; (c) document

to prove the relationship of the

heir or heirs to the deceased; (4)

Where a party is unable to

produce a birth certificate,

death certificate or a marriage

certificate issued by the

authorities, the party may

produce an order or decree of

the court certifying such birth,

death or marriage or a certified

copy issued by an institution

maintaining such records.

————

13.

legally not empowered to

maintain the same;

To insert a new section 346A in

the said Act for providing a

printed Deed of Declaration of

Heirship, in similar line of

printed open will.

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unsigned

Deed

Declaration of Heirship,

written in the language of

the Court, complying with all

the legal formalities as

specified under section 346

and other provisions under

this Act on a standard ledger

paper (Legal Size) leaving a

margin of 5 cm. on left side, 3

cms on top and the bottom

and 2 cms. on the right side

of the paper. The print shall

be in Times New Roman

Script with double spacing

and continuous without

break between words and

numbers shall be written in

words, accompanied by all

the documents required for

registration of said deed. (2)

Upon submission of printed

Deed of Declaration of

Heirship all the parties shall

put their name, sign and

thumb

impression

appearing in the office of the

Special

Notary,

and

thereafter the Special Notary

shall sign the said deed.(3)

All the printed Deeds of

Declaration of Heirship

registered before the Special

Notary alongwith all the

supporting documents, until

they are preserved in a form

of a bound book, as provided

in sub-section (4), shall be

maintained in a provisional

file. In the same file, all the

Deeds of Declaration of

Heirship so presented shall

be kept as per the serial order

of its presentation and their

pages numbered serially. (4)

At the end of every 200

sheets, the District Special

Notary of the concerned

district shall initial all the

pages of the Deed of

Declaration of Heirship

contained in the file and

ensure that the sheets are

bound in a book.”.

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LA/LEGN/2022/1328

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 20th July, 2022 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 Municipalities (Amendment)

Bill, 2022

(Bill No. 8 of 2022)

BILL

further to amend the Goa Municipalities Act,

1968 (Act 7 of 1969).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Municipalities

(Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Municipalities Act, 1968 (Act 7 of

1969) (hereinafter referred to as the “principal

Act”),—

(i) after clause (19), the following clause

shall be inserted, namely:—

“(19a) “holder” means a person who

is in possession of the building/land;”;

(ii) after clause (25), the following clause

shall be inserted, namely:-

“(25a) “member of family of lessee”

means lessee’s spouse, or son, or

unmarried daughter, or father, or mother,

or grandson, or unmarried grand-

daughter;”.

3. Amendment of section 10.— In section 10

of the principal Act, in sub-section (1), for the

word “Director”, wherever it occurs, the

words “State Election Commission in

consultation with the Government” shall be

substituted.

4. Amendment of section 56.— In section 56

of the principal Act,—

(i) in sub-section (2), for the expression

“not less than one-third”, the word

“majority” shall be substituted;

(ii) after sub-section (4), the following

sub-section shall be inserted, namely:—

“(5) No requisition for such special

meeting shall be moved before expiry of

a period of six months from the date of

convening of the special meeting of the

Council wherein the resolution for

removal of the Chairperson or Vice-

Chairperson, as the case may be, is

defeated.”.

5. Amendment of section 88.— In section 88

of the principal Act (i) in sub-section (2), the

words “of not less than two-thirds” shall be

omitted.

(ii) in sub-section (3), for the existing

proviso, the following proviso shall be

substituted, namely:—

“Provided that in respect of immovable

property of a council where the period of

lease has already expired and such lease is

not renewed, the Council may renew the

lease of such immovable property at such

rate of rental and on such terms and

conditions as may be notified by the

Government by notification in the Official

Gazette”.

6. Amendment of section 101.— In section

101 of the principal Act, in sub-section (1), in

clause (a), for the words “rateable value”, the

expression “rateable value or capital value, as

the case may be” shall be substituted.

7. Amendment of section 110.— In section

110 of the principal Act, (i) in sub- sections (1)

and (2), for the words “Rateable value” and

“rateable value”, whenever they occur, the

expression “rateable value” or capital value”

shall be substituted.

(ii) after sub-section (2), the following

sub-section shall be inserted, namely.—

“(3) The tax of any building or land

assessable for property tax shall be

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505

calculated on the basis of capital value

system of the property as may be notified

by the Government by notification in the

Official Gazette.”.

8. Omission of sections 131, 132, 133, 134,

135 and 136.— Sections 131, 132, 133, 134, 135

and 136 of the principal Act shall be omitted.

9. Insertion of new section 265A.— After

section 265 of the principal Act, the following

section shall be inserted, namely:—

“265A. Sealing of premises carrying on

any trade and or occupation without

licence.— (1) If any person without obtaining

a licence from the Council under section 252

or section 265 carries on any trade or

occupation in any premises within the limits

of municipal area, the Chief Officer shall,

after giving an opportunity of being heard

to such person seal such premises:

Provided that if the application for licence

is already submitted to the Council, such

premises shall not be sealed till such

application is rejected on merit:

Provided further that no such premises

shall be sealed till the expiry of the period

given to rectify any defect thereof.

(2) An appeal against the order of the

Chief Officer shall lie before the Director and

his decision in the matter shall be final:

Provided that the Director shall not grant

any interim relief without hearing the Chief

Officer.”.

10. Amendment of section 270.— In section

270 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) Whoever forcibly opposes the seizure

of cattle liable to be seized under this

section, and whoever rescues the same

after seizure, either from a pound or from

any person taking or about to take them to

a pound, shall, on conviction, punished with

fine of ten thousand rupees.”.

11. Amendment of section 276.— In section

276 of the principal Act, for sub-section (1)

the following sub-section shall be substituted,

namely:—

“(1) Whoever, within a municipal area,

allows any cattle which are in his property

or in his charge to stray in any street or to

trespass upon any private or public property

shall, on conviction, be punished,—

(i) for the first offence, with fine of ten

thousand rupees;

(ii) for a second or subsequent offence,

with fine of fifteen thousand rupees.”.

12. Amendment of section 286.— In section

286 of the principal Act, in sub-section (1), in

clause (d), for the words “rateable value”, the

words “rateable value or capital value” shall

be substituted.

Statement of Objects and Reasons

The Bill seeks to insert new clauses (19a)

and (25) in section 2 of the Goa Municipalities

Act, 1968 (Act 7 of 1969) (hereinafter referred

to as the “said Act”) so as to define the terms

“holder” and “member of the family of lessee”

in the said Act.

The Bill seeks to amend section 10 of the

said Act so as to devolve the powers of

delimitation and reservation to the State

Election Commission in order to conduct the

Municipal election in a free, fair and

transparent manner.

The Bill seeks to amend section 56 of the

said Act so as to avoid frequent requisition of

the special meeting for removal of the

Chairperson and the Vice-Chairperson thereby

putting

unnecessary

strain

the

administration of the Council and Director of

Urban Development (Municipal Adminis-

tration).

The Bill seeks to amend section 88 of the

said Act so as to enhance the revenue of the

Council.

The Bill seeks to amend section 101, 110 and

286 of the said Act so as to make the

assessment of property by using capital value

assessment method and collection of house

tax from the buildings which were not

assessed for house tax.

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The Bill seeks to omit sections 131, 132, 133,

134, 135, and 136 of the said Act which are

related to octroi and toll in view of the

enactment of the Goa Goods and Service Tax

Act, 2017.

The Bill seeks to insert new section 265A

in the said Act so as to restrict unauthorized

trade in Municipal area.

The Bill seeks to amend section 270 and

section 276 of the said Act so as to

decriminalize the provisions of imprisonment

in the said Act.

The Bill seeks to achieve the above objects.

Financial Memorandum

No Financial implications are involved in

this Bill.

Memorandum Regarding Delegated Legislation

Clause 5 and 7 of the Bill empowers the

Government to issue notification specifying

rate or rentals, terms and conditions of lease

and capital value system of the property,

respectively. This delegation is of normal

character.

Porvorim-Goa.

(VISHWAJIT P. RANE)

20th July, 2022.

Minister for

Urban Development

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa

Secretary to the Legislative

20th July, 2022.

Assembly of Goa.

———–––

(Annexure to the Bill No. 8 of 2022)

---------------------------------------------------------------------------

The Goa Municipalities (Amendment) Bill, 2022

The Goa Municipalities Act 1968 (Act 7 of 1969)

---------------------------------------------------------------------------

2. Definitions.— In this Act, unless the context

otherwise requires,—

(1) “Administrative Tribunal”means the Adminis-

trative Tribunal constituted under the Goa, 7[ ]

Administrative Tribunal Act, 1965; 8[(1A) “Appellate

Tribunal “ means as Appellate Tribunal constituted

under section 184 B.

(2) “appointed day” in relation to an area, means

the date on which the relevant provisions of this

Act come into force in that area;

(3) “building” includes a house, out-house, stable,

shed, hut and other enclosure or structure, whether

of masonry, bricks, wood, mud, metal or any other

material whatever, whether used as a human

dwelling or otherwise, and also includes verandahs,

fixed platforms, plinths, door steps, walls (including

coumpound walls) and fencing and the like;

(4) “bye-law” means a bye-law made or deemed

to be made by the Council under this Act;

(5) “Cess-pool” includes a tank for the reception

or disposal of foul matter from buildings;

9[(5a) “Chairperson” and “Vice-Chairperson”

means Chairperson and Vice-Chairperson of the

Council as the case may be;]

(6) “Chief Officer” means the person appointed

or deemed to be appointed under this Act to be the

Chief Officer of a municipal area;

(7) 10[“Collector” means the Collector of North

Goa District and that of South Goa District and also

includes the Additional Collector of North Goa

District and South Goa District, respectively;]

(8) “Council” means a Municipal Council

constituted or deemed to be constituted under this

Act for a municipal area;

(9) “Councillor” means a person who is duly

elected 11[***] as a member of the Council;

(10) “dairy” includes any farm, cattle-shed, cow-

house, milkstore, milk-shop or other place from which

milk is supplied far sale, or in which milk is kept for

purposes of sale or manufactured into butter, ghee,

cheese, curds, dried, sterilized or condensed or toned

milk, but does not include—

(A) a shop or other place in which milk is sold

for consumption on the premises only, or

(B) a shop or other place from which milk is

sold or supplied in hermetically closed and

unopened receptacles in the same original

condition in which it was first received in such

shop or other place;

12[(10a) “Development Committee” means the

Development Committee constituted under section

322 B;]

(11) 13[“Director” means the person appointed

by the Government to be the Director of Urban

Development];

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14[(11a) “District” means a district in the State of

Goa;]

(12) “drain” includes a sewer, tunnel, pipe, ditch,

gutter or channel and any cistern, flush-tank, septic

tank, or other device for carrying off or treating

sewage, offensive matter, polluted water, sullage,

waste water, rain water or sub-soil water and any

culvert, ventilation shaft or pipe or other appliance

or fitting connected therewith, and any ejectors,

compressed air mains, sealed sewage mains and

special machinery or apparatus for raising,

collecting, expelling or removing sewage or

offensive matter from any place;

(13) ¯eating house means any premises to which

the public or any section of the public are admitted

and where any kind of food is prepared or supplied

for consumption on the premises or elsewhere for

the profit or gain of any person owning or having an

interest in or managing such premises;

(14) “election” means an election to a Council,

and includes a bye-election;

(15) “factory” means a factory as defined in the

Factories Act, 1948;

(16) “filth” includes sewage, night-soil and all

offensive matter;

(17) “food” includes every article used as food or

drink for human consumption other than drugs or

water, and any article which ordinarily enters into

or is used in the composition or preparation of human

food, and also includes confectionary, flavouring and

coloring matters and spices and condiments;

(18) “goods” includes animals;

(19) “Government” means the Government of Goa

15[ ];

(20) “house-drain” means any drain of, and used

for the drainage of, one or more buildings or premises

and made merely for the purpose of communicating

therefrom with a municipal drain;

(21) “house-gully” or ¯service passage, means a

passage or strip of land constructed, set apart or

utilized for the purpose of serving as a drain or of

affording access to a privy, urinal, cesspool or other

receptacle for filthy or polluted matter, to servants

of the Council or to persons employed in the

cleansing thereof or in the removal of such matter

there from;

(22) “land” includes land which is being built

upon or is built upon or covered with water, benefits

to arise out of land, things attached to the earth or

permanently fastened to anything attached to the

earth and rights created by legislative enactment

over any street;

(23) “local authority” means a municipality or

village panchayat, as the case may be, constituted

under any law for the time being in force in the

16[State of Goa];

(24) “lodging house” means a building or part of

a building where lodging with or without board or

other service is provided for a monetary

consideration, and includes a lodging house for

pilgrims whether lodging is provided for or without

any monetary consideration;

(25) “market” includes any place where persons

assemble for the sale of, or for the purpose of

exposing for sale, live-stock or food for live-stock or

meat, fish, fruit, vegetables, drinks, animals intended

for human food or any other articles of human food

whatsoever with or without the consent of the owner

of such place, notwithstanding that there may be

no common regulation of the concourse of buyers

and sellers and whether or not any control is

exercised over the business of or the persons

frequenting the market by the owner of the place or

any other person;

(26) “milk” includes cream, skimmed milk,

separated milk and condensed, sterilized,

desiccated or toned milk; Council as Group A, Group

B, Group C and Group D posts will have the meaning

as assigned by the Government for equivalent posts

in Government Departments];

(27) “municipal area means any local area

declared or deemed to be declared as municipal area

by or under this Act;

(28) “municipal market” or “municipal slaughter-

house” means a market or a slaughter-house, as the

case may be, which belongs to or is maintained by

the Council;

(29) “nuisance includes any act, omission, place

or thing which causes or is likely to cause injury,

danger, annoyance or offence to the sense of sight,

smell or hearing or which is or may be dangerous to

life or injurious to health or property;

(30) “occupier includes”

(a) any person who for the time being is paying

or is liable to pay to the owner the rent or any

portion of the rent of the land or building in

respect of which such rent is paid or is payable,

(b) an owner living in or otherwise using his

land or building,

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(d) a licensee in occupation of any land, or

building, and

(e) any person who is liable to pay to the owner

damages for the use and occupation of any land

or building;

(31) “octroi” means a tax on the entry of goods

into a municipal area for consumption, use or sale

therein;

(32) “offensive matter” includes animal carcasses,

dung, dirt and putrid or putrifying substances other

than sewage;

(33) “officer or servant of the Council” means an

officer or servant 17[appointed by the Government

or the Council] or any other competent authority

subordinate to it, and includes any Government

Officer or servant, who is for the time being serving

under the, Council 18[and the classification of posts

of officers or servants of

17 Substituted

(37) “premises” includes messages, buildings and

lands of any tenure, whether open or enclosed,

whether built on or not and whether public or

private;

(38) “prescribed means prescribed by rules; 20

(39) [***]

(40) “private market means a market which is not

a municipal market, but does not include a market

established for the purposes of any law for the time

being in force regulating the marketing of

agricultural and other produce in such markets;

(41) “private slaughter-house” means a slaughter-

house which is not a municipal slaughter-house;

(42) “private street” means a street which is not a

public street;

(43) “privy” means a place set apart for defecating

or urinating or both, together with the structure

comprising such place, the receptacle therein for

human excreta and the fittings and apparatus, if any,

connected therewith, and includes a closet of the

dry type, and aqua privy, a latrine and a urinal;

(44) “public place” includes any public park or

garden or any ground to which the public have or

are permitted to have access; (45) ¯public securities

means—

(a) securities of the Central Government and of

any State Government;

(b) securities, stocks, debentures or shares the

interest whereon has been guaranteed by the

Central or State Government;

issued by or on behalf of any local authority in

exercise of powers conferred by any enactment

for the time being in force in any part of the

territory of India; or

(d) securities expressly authorized by an order

which the Government makes in this behalf;

(46) “public street” means any street—

(a) over which the public have a right of way;

(b) heretofore levelled, paved, metalled,

channeled, sewered, or repaired out of municipal

or other public funds; or

becomes, or is declared, a public street;

(47) “rubbis” includes dust, ashes, broken bricks,

mortar, broken glass, garden or stable refuse and

refuse of any kind which is not offensive matter or

sewage;

(48) “Rules” means rules made by the

Government under this Act;

(49) “Scheduled Castes” means such castes, races

or tribes or parts of, or groups within, such castes,

races or tribes as are deemed to be Scheduled Castes

in relation to the 21[State of Goa] under article 341

of the Constitution of India;

(50) “Scheduled Tribes” means such tribes or

tribal communities or parts of, or groups within, such

tribes or tribal communities, as are deemed to be

Scheduled Tribes in relation to the 22[State of Goa]

under article 342 of the Constitution of India; (51)

sewage means night-soil and other contents of water

closets, latrines, privies, urinals, cesspools or drains

and polluted water from sinks, bathrooms, stables,

cattle-sheds and other like places, and includes

trade effluent and discharges from manufactories of

all kinds;

23[(51a) “State”means the State of Goa]

24[(51b) “State Election Commission” means the

State Election Commission constituted under the

section 237 of the Goa Panchayat Raj Act, 1994 (Goa

Act 14 of 1994).]

(52) “street” means any road, foot-way, square,

court-alley, or passage, accessible whether

permanently or temporarily to the public, whether a

thoroughfare or not; and shall include every vacant

space, notwithstanding that it may be private

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property and partly or wholly obstructed by any

gate, post, chain or other barrier, if houses, shops or

other buildings abut thereon and if it is used by any

persons as a means of access to or from any public

place or thoroughfare, whether such persons be

occupiers of such buildings or not, but shall not

include any part of such space which the occupier

of any such building has a right at all hours to

prevent all other persons from using as aforesaid;

(53) 25[“total number of Councillors”, in relation

to a Council, means the total number of elected

councillors;](54) 26[***]

(55) “vehicle” includes a carriage, cart, van, dray,

truck, handcart, bicycle, tricycle, motor-car, and

every wheeled conveyance which is used or is

capable of being used on a street; 27[(55a) “Voters”

means all the voters whose names are entered in the

list of voters prepared and maintained under section

11.]

28[(55b) “Ward” mean the territorial constituency

of the municipal area;]

(56) “water closet” means a closet which has a

separate fixed receptacle connected to a drainage

system and separate provision for flushing from a

supply of clean water either by the operation of

mechanism or by automatic action;

(57) “water-connection” includes—

(a) any tank, cistern, hydrant, stand-pipe, meter

or tap situated on a private property and

connected with a water-main or pipe belonging

to the Council; and

(b) the water-pipe connecting such tank,

cistern, hydrant, standpipe, meter or tap with such

water-main or pipe;

(58) “water work” includes a lake, stream, spring,

well, pump, reservoir, cistern, tank, duct, whether

covered or open, sluice, mainpipe, culvert, engine,

water truck, hydrant, stand-pipe, conduit, and

machinery, land, building or thing for supplying or

used for supplying water or for protecting sources

of water supply.

10. Division of municipal area into wards and

reservation of wards for women, 61[Scheduled

Castes, Scheduled Tribes and Other Backward

Class].— (1) The Director shall from time to time by

order published in the Official Gazette, fix for each

municipal area the number and the extent of the

wards into which such area shall be divided. The

Director shall specify in the order the ward in which

a seat is reserved for women but in so doing he shall

ensure that such a seat its reserved from time to time

by rotation in different wards of the municipal area.

He shall by a like order specify the wards in which

seats are reserved for 62[Scheduled Castes,

Scheduled Tribes or the Other Backward

Class],63[including the seats for offices of

Chairperson] having regard to the concentration of

population of 64[those Castes, or Tribes, or as the

case may be, of those class], in any particular wards.

[Provided that such order shall be issued at least

seven days before the date of notification of the

general election].

(2) Each of the wards shall elect only one

Councillor.

(3) Every order issued under sub-section (1) shall

take effect for the purpose of the next general

election immediately following the date of such

order. (4) Nothing in this section shall be deemed to

prevent women or persons belonging to the

66[Scheduled Castes, Scheduled Tribes or Other

Backward Class] for whom seats are reserved in any

Council, from standing for election and being elected

to any of the seats which are not reserved.

56. Removal of Chairperson and Vice-

Chairperson.—

(1) A Chairperson or a Vice-Chairperson shall

cease to be Chairperson or Vice-Chairperson, as the

case may be, if the Council by a resolution passed by

a majority of the total number of Councillors at a

special meeting so decides.

(2) The requisition for such special meeting shall

be signed by not less than one-third of the total

number of Councillors and shall, if such meeting is

to be convened for considering the resolution for

removal from office —

(a) of the Chairperson, or of the Chairperson as

well as the Vice-Chairperson, be sent to the

Director;

(b) of the Vice-Chairperson be sent to the,

Chairperson.

(3) The Director or, as the case may be the

Chairperson shall within ten days of the receipt of a

requisition under sub-section (2) convene a special

meeting of the Council:

Provided that, when the Director convenes a

special meeting of the Council, he shall give

intimation thereof to the Chairperson

(4) A meeting to consider a resolution under sub-

section (1) shall be presided over—

(a) by the Director or any other officer authorised

by him in this behalf, when a resolution for the

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removal of the Chairperson or of the Chairperson

and Vice-Chairperson is under consideration, but

he shall have no right to vote;

(b) by the Chairperson, when a resolution for

the removal of the Vice-Chairperson is under

consideration:

88. Provisions regarding transfer of municipal

property.— (1) No Council shall transfer any of its

immovable property without the sanction of the

Government: Provided that a Council may, for the

purpose of construction of markets, shops or such

other amenities intended for the overall development

of the municipal area, associate private

entrepreneurs in such projects on such terms and

conditions including transfer of marketable title of

the entire project or part thereof, with the approval

of the Government.;

(2) A proposal of such transfer shall be

accompanied by a resolution of the Council passed

at a meeting by a majority of not less than two thirds

of the total number of Councillors and shall in no

way be inconsistent with the rules made in this

behalf by the Government.

(3) Notwithstanding anything contained in sub-

section (1), a Council may lease its immovable

property for a period not exceeding three years with

appropriate annual rate of increase in rent and the

lessee shall not be allowed to make any permanent

constructions on such immovable property. Such

lease may be renewed by the Council beyond the

period of three years with the permission of the

Director,who shall decide the reasonability of annual

increase in rentals before issuing permission for

extending the lease period:

Provided that in respect of immovable property

of a Council where the period has already expired

and the leases are not renewed, the Council may

renew the leases of such immovable properties at

such rate of rental which 1[shall not be less than Rs.

12/- per sq. metre per month] in case of commercial

establishment and shall not be less than 1[Rs. 5/-

per sq. metre per month] in case of residential

establishment, the reasonability of which shall be

decided by the Director before issuing permission

for extending the lease period.; (4) If any person

refuses or fails to vacate the Municipal premises after

expiry of lease period or for any other reason and

after due notice from the Council, he shall be evicted

from the said premises under the provisions of the

Goa Public Premises (Eviction of Unauthorised

Occupants) Act, 1988 (Act 22 of 1988) by the Director

or any other officer authorized by him in this behalf

and designated as Estate Officer and notified under

the provisions of the said Act.

101. Imposition of compulsory taxes.— (1) Subject

to any general or special orders which the

Government may make in this behalf, a Council shall

impose, for the purposes of this Act, the taxes listed

below:—

(a) a consolidated property tax on lands or

buildings or both situated within municipal area,

other than those belonging to the Government,

Central Government or duly registered Freedom

Fighters based on their rateable value as

determined in accordance with section 110;

(b) a tax on professions, trades, calling and

employments;

Provided that the maximum and minimum rates

at which the taxes aforesaid shall be levied in

different classes of municipal areas and other

matters relating to imposition, assessment,

collection and exemptions thereof shall be such as

may be prescribed by rules.

(2) The consolidated tax on property shall

include—

(a) a general tax;

(b) a general water tax;

(d) a general sanitary tax.

110. Rateable value how to be determined.— (1)

In order to fix the rateable value of any building or

land assessable to a property tax, there shall be

deducted from the amount of rent for which such

building or land might reasonably be expected to

let, or for which it is actually let, from year to year,

whichever is greater, a sum equal to ten per centum

of the said annual rent, and the said deduction shall

be in lieu of all allowances for repairs or on any other

account whatever.

(2) The value of any machinery contained or

situated in or upon any building or land shall not be

included in the rateable value of such building or

land.

131. Octroi limits.— For the purposes of this Act,

unless the Council otherwise determines by making

the necessary bye-laws, the octroi limits of the

Council shall be deemed to be co-terminous with

the limits of the municipal area.

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511

132. Power to examine articles liable to octroi.—

(1) A person bringing into or receiving from beyond

the octroi limits of a Council any animal or goods on

which octroi is payable shall, when required by an

officer authorised in this behalf by the Chief Officer

and so far as may be necessary for ascertaining the

amount of tax chargeable,—

(a) permit that officer to inspect, examine,

weigh and otherwise deal with such animal or

goods;

(b) communicate to that officer any information

and exhibit to him any bill, invoice or document

of a like nature, which he may possess relating to

such animal or goods; and

regarding the correctness and accuracy of the

document shown to him.

(2) If any person bringing into or receiving from

beyond the octroi limits of a Council in which octroi

is leviable, any conveyance or package, refuses on

demand of an officer authorised by the Chief Officer

in this behalf, to permit the officer to inspect the

contents of the conveyance or package for the

purpose of ascertaining whether it contains

anything in respect of which octroi is payable, the

officer may cause the conveyance or package to be

taken without unnecessary delay before such

Executive Magistrate as the Government appoints

in this behalf by name or office, who shall cause the

inspection to be made in his presence.

133. Presentation of bills for octroi.— An officer

demanding octroi by the authority of the Council

shall tender to every person introducing or receiving

anything on which the tax is claimed, a bill

specifying the animal or goods taxable, the amount

claimed and the rate at which the tax is calculated.

134. Penalty for evasion of octroi.— Where any

animal or goods passing into a municipal area are

liable to the payment of octroi, any person who, with

the intention of defrauding the Council, causes or

abets the introduction of or himself introduces or

attempts to introduce within the octroi limits of the

Council any such animal or goods upon which

payment of the octroi due on such introduction has

neither been made nor tendered, shall, on conviction,

be punished with fine which may extend to ten times

the amount of such octroi or to two hundred rupees,

whichever may be greater.

135. Tables of tolls to be shown on demand.— A

Council imposing any toll under this Act shall cause

to be kept at each place where such toll is to be

collected, a table showing the amounts leviable in

all cases provided for in the bye-laws including the

terms, if any, on which the liability to pay such tolls

may be compounded by periodical payments; and it

shall be the duty of every person authorised to

demand payment of a toll, to show such table on the

request of any person from whom such demand is

made.

136. Power to seize vehicle or animal or goods for

non-payment of octroi or toll and to dispose of seized

property.— (1) In the case of non-payment on demand

of any octroi or of any toll leviable by a Council, any

person appointed to collect such octroi or toll may

seize any animal or goods on which octroi is

chargeable, or any vehicle or animal on which the

toll is chargeable, or any part of the burden of such

vehicle or animal which is of sufficient value to

satisfy the demand, and may detain the same. He

shall thereupon give the person in possession of the

vehicle, animal or thing seized, a list of the property

together with a written notice in the form of Schedule

VI.

(2) When any property seized is subject to speedy

decay, or when the expense of keeping it together

with the amount of the octroi or toll chargeable is

likely to exceed its value, the person seizing such

property may inform the person in whose possession

it was that it will be sold at once; and shall sell it or

cause it to be sold accordingly unless the amount of

octroi or toll demanded be forthwith paid.

(3) If at any time before a sale has begun, the

person from whose possession the property has been

seized, tenders at the municipal office the amount

of all expenses incurred and of the octroi or toll

payable, the Chief Officer shall forthwith deliver to

him the property seized.

(4) If no such tender is made, the property seized

may be sold, and the proceeds of such sale shall be

applied in payment of such octroi, or toll, and the

expenses incidental to the seizure, detention and

sale.

(5) The surplus, if any, of the sale-proceeds shall

be credited to the municipal fund, and may, on

application made to the Chief Officer in writing

within three years next after the sale, be paid to the

person in whose possession the property was when

seized, and if no such application is made, shall be

the property of the Council.

265. Certain other trades and occupations not to

be carried on without licence.— (1) No person shall

use any premises in the municipal area for any trade

or occupation except under and in accordance with

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512

the conditions of a licence granted under the

provisions of the bye-laws made in this behalf.

Provided that no such licence shall be required for

the use of any premises in the municipal area under

any self-employment Schemes or Information

Technology Software and enabled services specially

notified by the Government, subject to the payment

of taxes and fees payable under the provisions of

this Act, rules or bye-laws made thereunder.

(2) The Chief Officer may enter and inspect any

premises used for any of the purposes specified in

sub-section (1) and may inspect any goods, vessels

or implements or other articles used for such purpose

and may by written notice require the owner or the

person in charge of such premises to take such

reasonable measures as may be specified in the

notice for the prevention of any nuisance or danger

therefrom or may require the use of the premises for

such purpose to be discontinued.

(3) Whoever uses or permits the use of any

premises in contravention of the provisions of sub-

section (1), or whoever refuses to comply with any

notice issued under sub-section (2) shall, on

conviction, be punished with fine which may extend

to 1[five thousand rupees], and in the case of

continuing offence with further fine which may

extend to 1[five hundred rupees] for every day after

the first during which such offence continues.

270. Impounding cattle.— It shall be the duty of

every police officer and it shall be lawful for any

municipal officer or servant authorised by the Chief

Officer in this behalf to seize and take to any public

pound for confinement therein, any cattle found

straying in any street or trespassing upon any private

or public property within the municipal area.

(1) It shall be lawful for any person who is the

owner or who is in charge of any private or public

property to seize and take to any such public pound

for confinement therein, any cattle trespassing upon

such property or causing damage thereto.

(2) Whoever forcibly opposes the seizure of cattle

liable to be seized under this section, and whoever

rescues the same after seizure, either from a pound

or from any person taking or about to take them to a

pound, shall, on conviction, be punished with

imprisonment for a term which may extend to six

months, or with fine which may extend to [two

thousand rupees], or with both.

Section 276: Penalty for allowing cattle to stray in

street or to trespass upon private or public property.

-Whoever, within a municipal area, allows any cattle

which are his property or in his charge to stray in

any street or to trespass upon any private or public

property shall, on conviction, be punished— (i) for

the first offence, with fine which may extend to [one

thousand rupees]; (ii) for a second or subsequent

offence, with imprisonment for a term which may

extend to six months, or with fine which may extend

to [two thousand rupees], or with both.

(2) The Magistrate trying the offence under sub-

section (1) may order,—

(a) that the accused shall pay such

compensation not exceeding [one thousand

rupees] as the Magistrate considers reasonable,

to any person for any damage proved to have been

caused to his property or to the produce of land,

by the cattle under the control of the accused,

trespassing on his land; and also,

(b) that the cattle in respect of which an offence

has been committed shall be forfeited to the

Government.

(3) Any compensation awarded under sub-section

(2) may be recovered as if it were a fine imposed

under this section.

(4) An offence under this section shall be

cognizable.

286. Power to institute, defend suits, etc.— (1)

Subject to the general control of the Council, the

Chief Officer may —

(a) institute and prosecute any suit or other

proceeding for any claim or demand on behalf of

the Council or for any injury to any property, rights

or privileges of the Council;

(b) withdraw from or compromise or compound

any suit or any claim or demand which has been

instituted or made on behalf of the council;

compound any suit or proceeding for the recovery

of expenses or compensation claimed to be due

to the Council;

(d) defend, admit or compromise or compound

any appeal against a rateable value or tax;

(e) defend any suit or other legal proceedings

brought against the Council or any municipal

officer or servant in respect of anything done or

omitted to be done by them, respectively in their

official capacity;

(f) admit or compromise any claim, suit or legal

proceeding brought against the Council or any

municipal officer or servant, in respect of

anything done or omitted to be done as aforesaid:

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513

Provided that—

(i) if any sanction in the making of any contract

is required by this Act, the like sanction shall be

obtained for compounding or compromising any

claim or demand arising out of such contract;

(ii) if any such suit is in respect of land leased

or sold under sub-section (3) of section 168 or in

respect of any immovable property sold or leased

for a term exceeding three years or other-wise

transferred, it shall not be lawful for the Council

to compound or compromise in respect of the suit

except with the previous sanction of the Director.

(2) A Council may make compensation out of the

municipal fund to any person sustaining any damage

by reason of the exercise of any of the powers vested

in it, its committees, officers or servants under this

Act.

(3) The expenses of any civil proceedings

prosecuted or defended on behalf of the Council shall

be payable from the municipal fund.

———ttt———

LA/LEGN/2022/1329

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 20th July, 2022 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 City of Panaji Corporation

(Amendment) Bill, 2022

(Bill No. 9 of 2022)

BILL

further to amend the City of Panaji Corporation

Act, 2002 (Goa Act 1 of 2003).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the City of Panaji

Corporation (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Insertion of new section 242A.— After

section 242 of the City of Panaji Corporation

Act, 2002, the following section shall be

inserted, namely:—

“242A. Sealing of premises carrying on

any trade or occupation without licence.—

(1) If any person without obtaining a licence

from the Commissioner carries on any trade

or occupation in any premises within the

limits of the Corporation area, the

Commissioner shall, after giving an

opportunity of being heard to such person,

pass an order to seal such premises:

Provided that if an application for licence

is submitted to the Corporation the

premises shall not be sealed till such time

said application is rejected on merit:

Provided further that no such premises

shall be sealed till the time of expiry of the

period allowed to the applicant for

rectifying the defect found by the

Commissioner.”.

3. Substitution of section 320.— For section

320 of the principal Act, the following section

shall be substituted, namely:—

320–Soliciting alms.— Whoever, in any

street or public place within the limits of the

Corporation area, begs for alms, or exposes,

or exhibits with the object of exciting or

extorting alms any deformity, disease or

bodily ailment or any offensive sore or

wound, shall be provided shelter in the

shelter homes recognised or aided by the

Government.”.

4. Substitution of section 397.— For section

397 of the principal Act, the following section

shall be substituted, namely:—

“397. Punishment for essential officer

leaving employment.— Any essential officer

or servant contravening any of the

provisions of section shall on conviction, be

punished in the case of a first conviction

with fine which may extend to ten thousand

rupees and in case of a second one

subsequent conviction, with fine of fifteen

thousand rupees.”.

OFFICIAL GAZETTE — GOVT. OF GOA

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514

Statement of Objects and Reasons

The Bill seeks to insert new section 242A in

the City of Panaji Corporation Act, 2002 (Goa

Act of 2003) so as to streamline the trade

licenses in the Municipal Corporation Area.

The Bill also seeks to amend sections 320

and 397 of the said Act so as to decriminalize

the provisions of imprison in said section.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim-Goa

(VISHWAJIT P. RANE)

20th July, 2022.

Minister for Urban

Development.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa

Secretary to the Legislative

20th July, 2022.

Assembly of Goa.

(Annexure to the Bill No. 9 of 2022)

---------------------------------------------------------------------------

The City of Panaji Corporation

(Amendment) Bill, 2022

The City of Panaji Corporation Act, 2002

---------------------------------------------------------------------------

Section 320: Soliciting Alms

(1) Whoever, in any street or public place within

the limits of the Corporation, begs for alms, or

exposes, or exhibits with the object of exciting or

extorting alms any deformity, disease or bodily

ailment or any offensive sore or wound, shall be

punishable with imprisonment which may extend

to three months.

(2) If the Court finds that a person has committed

an offence punishable under sub-section (1), it may,

if in its opinion the person is unable to earn a

livelihood owning to physical infirmity or debility

or is otherwise a fit person to be committed to a poor-

house, in lieu of passing a sentence Order that he

may be committed to poor-house maintained by the

Corporation or approved by the State Government,

for such term and subject to such conditions as may

be prescribed by rules made under this Act.

(3) If the person committed to a poorhouse under

sub-section (2) escapes from it or commits a breach

of any condition subject to which he was committed

to the poorhouse, he shall be punishable with

imprisonment for a term which may extend to six

months.

(4) If the Court finds that the person who has

committed an offence punishable under sub-section

(1) was not born within the limits of the City or has

not been continuously resident therein for more than

one year, it may, in lieu of Passing a sentence or order

referred to in the aforesaid sub-sections, by order in

writing direct the said person to leave the said limits

within such time and by such route or routes as may

be stated in the order and not to return thereto

without the permission in writing of the District

Magistrate. If the said person fails to comply with

the order within the time specified therein, the Court

may cause the said person to be removed beyond

the limit of the City under such escort as it may

direct.

(5) If the said person returns within the limits of

the City without the permission of the authority

specified in a term which may extend to six months.

(6) Until and during the trial, a person accused of

an offence under this section may be detained either

in custody under section 309 of the Code of Criminal

Procedure, 1973, or in a poorhouse, according as the

Court may, from time to time, direct.

(7) Notwithstanding anything contained in the

Code of Criminal Procedure, 1973, an offence

punishable under this section shall be cognizable.

Section 397: Punishment for essential officer

leaving employment

Any essential officer or servant contravening any

of the provisions of section 56 shall be punishable

with imprisonment which may extend to six months

or with fine or with both.

Section 56 is as follows:

“Extraordinary pension in case of officer or servant

injured or killed in execution of his duty.—

The Corporation may give an extraordinary

pension, gratuity or compassionate allowance in

accordance with the rules or bye-laws framed in this

behalf— (a) to any municipal officer or servant

injured in the execution of his duty, or (b) to the family

OFFICIAL GAZETTE — GOVT. OF GOA

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515

or other relatives dependent on any municipal officer

or servant who is killed in the execution of his duty,

or whose death is due to devotion to duty or who

dies during service: Provided that the extraordinary

pension, gratuity or compassionate allowance paid

to a municipal officer or servant shall in no

circumstances exceed that payable to a person of

similar rank or position in the service of the

Government.”

________

LA/LEGN/2022/1330

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 20th July, 2022 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 Education Development

Corporation (Amendment)

Bill, 2022

(Bill No. 18 of 2022)

BILL

further to amend the Goa Education

Development Corporation Act, 2003 (Goa

Act No. 22 of 2003)

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:-

1. Short title and commencement.— (1) This

Act may be called the Goa Education

Development Corporation (Amendment) Act,

2022.

(2) It shall come into force at once.

2. Amendment of section 50.— In section

50 of the Goa Education Development

Corporation Act, 2003 (Goa Act No. 22 of

2003), in sub-section (1),—

(i) for the expression “with imprisonment

for a term which may extend to six months,

or with fine which may extend to one

thousand rupees, or with both”, the

expression “with fine which shall not be

less than rupees fifty thousand, but may

extend to rupees one lakh” shall be

substituted;

(ii) the following proviso shall be

inserted, namely:—

“Provided that for a second or

subsequent offence, a fine of rupees ten

thousand per day shall also be levied till

the continuance of such offence”.

(iii) in sub-section (2), for the expression

“imprisonment for a term which may

extend to three months or with fine which

may extend to rupees ten thousand or with

both”, the expression “fine which may

extend to rupees one lakh” shall be

substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 50 of the

Goa Education Development Corporation Act,

2003 (Goa Act 22 of 2003) so as to

decriminalize the provision of imprisonment

specified in said section 50 of the said Act.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim Goa

(Dr. Pramod Sawant)

20th July, 2022.

Hon. Minister for Education

Assembly Hall,

Namrata Ulman

Porvorim, Goa

Secretary (Legislative

20th July, 2022.

Assembly of Goa).

—–––––

LA/LEGN/2022/1331

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 20th July, 2022 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

516

The Goa Electronic Delivery of Notices

Bill, 2022

(Bill No. 32 of 2022)

BILL

to provide for serving of Notices through

electronic media and for matters

connected therewith or incidental

thereto.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:

1. Short title, extent, commencement.— (1)

This Act may be called the Goa Electronic

Delivery of Notices Act, 2022.

(2) It extends to the whole of the State of

Goa.

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

the Government may by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “electronic device” means a cell

phone, a computer, and any other device

that is capable of transmitting, receiving,

or recording message, image, sound, data,

or other information by electronic means;

(b) “electronic form” means e-mail, e-

mail attachments, data submitted on web-

based forms or any other communication

method that delivers machine readable

data or information to lender through an

electronic device;

of Goa;

(d) “Notice” means any summons,

requisition, direction, process, or any other

similar mode of communication being used

to inform, warn or direct any person under

any State law or proceeding but does not

include a public notice;

(e) “prescribed” means prescribed by

the rules made under this Act;

(f) “public notice” means a proclamation

or a publicity by beating of drums and

includes a notice which is meant for the

public at large;

(g) “State” means the State of Goa.

3. Service of Notice through electronic

system.— (1) Notwithstanding anything

contained in any State law or rules and

regulations made thereunder, any notice

which is required to be given under such

State law or rules and regulations, to any

person, may be sent in electronic form, where

such person or his authorized representative

gives consent in writing for service of notice

on him by such mode.

(2) A notice served in electronic form

under sub-section (1) shall be deemed to

have been duly served when the electronic

device used for such notice clearly indicates

that such notice is viewed by such person or

his authorized representative.

4. Form of notice.— A notice referred in

section 3 shall be given in the same form as

specified in the State law or rules and

regulations framed thereunder.

5. Unique identification of notice.— Any

notice served as per the provisions of this

Act shall be uniquely identified in such

manner as may be prescribed.

6. Power to make Rules.— The Government

may, by notification in the Official Gazette,

make rules not inconsistent with the

provisions of this Act for the purpose of

carrying into effect the provisions of this Act.

Statement of Objects and Reasons

Presently, use of electronic medium for

transmission of communication was found

most ideal as compared to the traditional in

– person or portal delivery mechanism. It

also assists in reduction of paper usage.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

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517

The Bill therefore, seeks to provide for

serving of notices under various State laws

or rules and regulations framed thereunder

through electronic system.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

Clause 1 (3) of the Bill empowers the

Government to appoint a date by Notification

in the Official Gazette for bringing the Act

into force.

Clause 5 of the Bill empowers the

Government to prescribe the manner for

unique identification of notice served as per

provisions of the Act.

Clause 6 of the Bill empowers the

Government to frame rules for carrying out

the provisions of the Act.

These delegations are of normal character.

Porvorim–Goa,

(ROHAN KHAUNTE)

20th July, 2022.

Minister for Information

Technology.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim–Goa.

Secretary to the

20th July, 2022.

Legislative

Assembly of Goa.

_______

LA/LEGN/2022/1332

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 20th July, 2022 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 Information Technology

Development (Amendment)

Bill, 2022

(Bill No. 33 of 2022)

BILL

further to amend the Goa Information

Technology Development Act, 2007 (Goa

Act 10 of 2007).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Information

Technology Development (Amendment) Act,

2022.

(2) It shall come into force at once.

2. Substitution of section 50 for section 50

the

Goa

Information

Technology

Development Act, 2007 (Goa Act 10 of 2007),

the following section shall be substituted,

namely:—

“50. Penalty for obstruction:— (1) Any

person who obstructs the entry of a person

authorised under section 35 or any person

with whom the Corporation has entered

into a contract for the performance and

execution of any act by such person, to

enter into or upon any land or building or

molests such person after such entry or

who obstructs the lawful exercise by him

of any power conferred by or under this

Act shall, on conviction by a competent

Court, be punished with fine which may

extend upto fifty thousand rupees.

(2) If any person removes any mark

setup for the purpose of indicating any

level, boundary line or direction necessary

to the execution of works authorized under

this Act, he shall, on conviction, be

punished with fine which may extend upto

fifty thousand rupees.”

Statement of Objects and Reasons

The Bill seeks to amend section 50 of the

Goa Information Technology Development

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

518

Act, 2007 (Goa Act 10 of 2007) so as to

decriminalize the provision of imprisonment

in said Section 50. This would help the State

in aligning with the initiatives of the

Government of India aimed at enhancing Ease

of Doing Business and Ease of Living for

citizens.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

No delegated Legislation is envisaged in

this Bill.

Porvorim–Goa,

(ROHAN KHAUNTE)

20-07-2022.

Minister for Information

Technology

Assembly Hall,

(NAMRATA ULMAN)

Porvorim–Goa.

Secretary to the Legislative

20-07-2022.

Assembly of Goa.

________

LA/LEGN/2022/1333

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 20th July, 2022 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, 2022

(BILL No. 24 of 2022)

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-third Year of the Republic

of India as follows:-

1. Short title and commencement.— (1) This

Act may be called the Goa Co-operative

Societies (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 123A.— In section

123A of the Goa Co-operative Societies Act,

2001 (Goa Act 36 of 2001) for sub-section (3),

the following sub-section shall be substituted,

namely:-

“(3) If the retiring Chairman to whom a

direction has been issued under sub-section

(2) without sufficient cause fails to comply

with such direction, he shall be liable to pay

fine of rupees two thousand per day of delay

in handing over of charge to the newly

elected Chairman from the date of issuance

of directions by the Registrar till the actual

date of handover of charge. Such fine shall

not be paid from the funds of the society but

shall be recovered from the defaulting retired

Chairman”;

(ii) after sub-section (3), the following

new sub-sections shall be inserted,

namely:—

“(4) The retiring Chairman shall pay

such fine so payable under sub-section

(3) to the Registrar by way of challan

in the Government treasury and a self

attested copy of the receipt of the paid

challan shall be submitted to the

Registrar within thirty days of handing

over the charge.

(5) On failure of the retiring chairman

to pay fine within the time limit

specified under sub-section (4), the

same shall without prejudice to any

other mode of recovery, be recoverable

as an arrears of land revenue.

(6) The provisions of sub-sections (3),

(4) and (5) shall mutatis mutandis

apply in case, the newly elected/

nominated Chairman, Administrator or

any other Office bearer, as the case may

be, without sufficient cause, fails to take

over custody of books, records, cash,

security and other property belonging

to a co-operative society.”

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

519

Statement of Objects and Reasons

The Bill seeks to amend section 123A of the Goa Cooperative Societies Act, 2001 (Goa Act 36

of 2001) so as to decriminalize the provisions of imprisonment specified in said section 123A of

said Act.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in this Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in this Bill.

Place:- Porvorim Goa

(SUBHASH SHIRODKAR)

Dated:- 20th July, 2022

Minister for Co-operation

Assembly Hall

(NAMRATA ULMAN)

Porvorim, Goa.

Secretary to the

Dated:- 20th July, 2022

Legislative

Assembly of Goa.

–––––––

LA/LEGN/2022/1341

The following bill which was introduced in the Legislative

Assembly on the State of Goa on 22nd July, 2022 is hereby pub-

lished for general information in pursuance of Rule–138 of the

Rules of Procedure and Conduct of Business of the Goa Legislative

Assembly.

––––––––

The Goa Appropriation (No. 3) Bill, 2022

(Bill No. 4 of 2022)

BILL

to authorise payment and appropriation of certain further sums

from and out of the Consolidated Fund of the State of Goa

for the services and purposes of the financial year 2022-2023.

Be it enacted by the Legislative Assembly of Goa in the

Seventy-third Year of the Republic of India, as follows:—

1. Short title.— This Act may be called the Goa Appropria-

tion Act, 2022.

2. Issue of Rs. 586,68,29,000/- out of the Consolidated Fund

of the State of Goa for the financial year 2022-2023.— From and

out of the Consolidated Fund of the State of Goa, there may be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

520

paid and applied sums not exceeding those specified in column

(5) of the Schedule hereto amounting in the aggregate to the

sums of five hundred eighty six crore sixty eight lakh twenty

nine thousand rupees towards defraying the several charges

which will come in the course of payment during the financial

year 2022-2023 in respect of the services and for purposes

specified in column (2) of the said Schedule.

3. Appropriation.— The sums authorised to be paid and

applied from and out of the Consolidated Fund of the State of

Goa under this Act, shall be appropriated for the services and

purposes expressed in the said Schedule to this Act in relation

to the said financial year.

SCHEDULE

(See sections 2 and 3)

(Rs. in lakhs)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Services and purposes

Assembly Consolidated Fund

of the State of Goa

(1)

(2)

(3)

(4)

(5)

Legislature Secretariat

349.48

15.00

364.48

Raj Bhavan (Charged)

—

80.00

General Administration and

1806.62

—

1806.62

Coordination

Debt Services (Charged)

—

5000.00

Notary Services

94.40

—

94.40

Transport

140.00

—

140.00

Goa Public Service Commission

—

25.00

(Charged)

Collectorate, North Goa

50.00

—

50.00

Collectorate, South Goa

78.00

—

78.00

Jails

398.36

—

398.36

Public Works

20000.06

—

20000.06

Vigilance

20.00

—

20.00

Home

2.00

—

2.00

Home Guards and Civil

500.00

—

500.00

Defence

Fire and Emergency Services

0.02

—

0.02

Public Grievances

45.00

—

45.00

Panchayats

2465.00

—

2465.00

School Education

1298.26

—

1298.26

Higher Education

0.05

—

0.05

Government Polytechnic,

71.82

—

71.82

Panaji

Sports and Youth Affairs

950.00

—

950.00

Art and Culture

2214.00

—

2214.00

Health Services

200.00

—

200.00

Goa Dental College

1007.80

—

1007.80

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

521

(1)

(2)

(3)

(4)

(5)

Labour

0.01

—

0.01

Information and Publicity

2210.00

—

2210.00

Social Welfare

3569.13

—

3569.13

Factories and Boilers

35.00

—

35.00

Skill Development and

800.00

—

800.00

Law

16.73

—

16.73

Agriculture

137.40

—

137.40

Fisheries

300.00

—

300.00

Civil Supplies

450.00

—

450.00

Water Resources

3000.00

—

3000.00

Planning, Statistics and

1.13

—

1.13

Tourism

1000.00

—

1000.00

Department of Tribal Welfare

2500.00

—

2500.00

Information Technology

6708.01

—

6708.01

Civil Aviation

230.00

—

230.00

Deapartment of Rural

900.00

—

900.00

Development

Department of Public Private

0.01

—

0.01

TOTAL

53548.29

5120.00

58668.29

Statement of Objects and Reasons

The Supplementary Demands for Grants for the year 2022-2023

(First Batch) was presented to the Legislative Assembly. This Bill is

introduced in pursuance of Article 204 read with Article 205 of the

Constitution of India to provide for appropriation of certain further

sums from and out of the Consolidated Fund of the State of Goa, to

meet the expenditure on certain services, granted by the Legislative

Assembly for those services, during the financial year 2022-2023.

Porvorim, Goa

DR. PRAMOD SAWANT

22nd July, 2022.

Finance Minister/Chief Minister.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

22nd July, 2022.

Legislative Assembly of Goa.

_______

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the Constitution of India,

I, P. S. Sreedharan Pillai, Governor of Goa, hereby recommend the

introduction and consideration of the Goa Appropriation (No. 3)

Bill, 2022, by the Legislative Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

522

LA/LEGN/2022/1342

The following bill which was introduced in the Legislative

Assembly of the State of Goa on 22nd July, 2022 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 Appropriation (No. 2) Bill, 2022

(Bill No. 3 of 2022)

BILL

to authorise payment and appropriation of certain sums from

and out of the Consolidated Fund of the State of Goa for the

services and purposes of the financial year 2022-2023.

Be it enacted by the Legislative Assembly of Goa in the

Seventy-third Year of the Republic of India, as follows:—

1. Short title.— This Act may be called the Goa Appropriation

(No. 2) Act, 2022.

2. Issue of Rs. 24467,40,81,000/-, out of the Consolidated

Fund of the State of Goa for the financial year 2022-2023.— From

and out of the Consolidated Fund of the State of Goa, there may

be paid and applied sums not exceeding those specified in

column (5) of the Schedule to this Act amounting in the

aggregate to the sums of twenty four thousand four hundred

sixty Seven crore forty lakh eighty one thousand rupees towards

defraying the several charges which will arise for payment

during the financial year 2022-2023 in respect of the services

and for purposes specified in column (2) of the said Schedule.

3. Appropriation.— The sums authorised to be paid and

applied from and out of the Consolidated Fund of the State of

Goa under this Act, shall be appropriated for the services and

purposes expressed in the Schedule to this Act in relation to

the said financial year.

SCHEDULE

(See sections 2 and 3)

(Rs. in lakhs)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Services and purposes

Assembly Consolidated Fund

of the State of Goa

(1)

(2)

(3)

(4)

(5)

Legislature Secretariat

4527.50

643.00

5170.50

Raj Bhavan (Charged)

—

1555.60

General Administration and

15506.72

—

15506.72

Coordination

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

523

(1)

(2)

(3)

(4)

(5)

District and Sessions Court,

4280.21

—

4280.21

North Goa

District and Sessions Court,

3767.00

—

3767.00

South Goa

Prosecution

1688.34

—

1688.34

Election Office

11420.86

—

11420.86

Settlement and Land

4385.16

—

4385.16

Records

Treasury and Accounts

167054.00

—

167054.00

Administration, North Goa

Treasury and Accounts

869.50

—

869.50

Administration, South Goa

Debt Services (Charged)

—

460106.57

Notary Services

1979.10

—

1979.10

Excise

2618.10

—

2618.10

Commercial Taxes

5957.90

—

5957.90

Transport

28941.68

—

28941.68

Goa Public Service

—

677.00

Commission (Charged)

Goa Sadan

631.20

—

631.20

Collectorate, North Goa

5311.55

—

5311.55

Collectorate, South Goa

6017.50

—

6017.50

Police

98001.74

—

98001.74

Jails

2690.85

—

2690.85

Industries Trade and

7418.64

—

7418.64

Commerce

Printing and Stationery

1674.90

—

1674.90

Public Works

209980.95

—

209980.95

Vigilance

951.00

—

951.00

Home

2582.61

—

2582.61

Environment

2538.50

—

2538.50

Home Guards and Civil

3215.27

—

3215.27

Defence

Fire and Emergency Services 10627.00

—

10627.00

Official Language

1265.00

—

1265.00

Administrative Tribunal

221.90

—

221.90

Public Grievances

96.00

—

96.00

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

524

Small Savings and Lotteries

2076.00

—

2076.00

Panchayats

40413.64

—

40413.64

Finance

37951.00

—

37951.00

Revenue

2161.22

—

2161.22

School Education

198585.91

—

198585.91

Higher Education

54169.31

—

54169.31

Technical Education

8292.22

—

8292.22

Government Polytechnic,

3364.04

—

3364.04

Panaji

Government Polytechnic,

1701.11

—

1701.11

Bicholim

Government Polytechnic,

1384.75

—

1384.75

Curchorem

Goa College of Engineering

5801.51

Goa Architecture College

767.20

—

767.20

Sports and Youth Affairs

15194.05

—

15194.05

Art and Culture

15343.32

—

15343.32

Goa College of Art

1215.50

—

1215.50

Department of Archives

3819.10

—

3819.10

Museum

1426.20

—

1426.20

Goa Medical College

77813.29

—

77813.29

Health Services

99635.96

—

99635.96

Institute of Psychiatry and

6094.95

—

6094.95

Human Behaviour

Goa College of Pharmacy

3919.00

—

3919.00

Goa Dental College

10591.51

—

10591.51

Labour

9774.87

—

9774.87

Food and Drugs

2887.64

—

2887.64

Administration

Town and Country Planning

3763.80

—

3763.80

Municipal Administration

57649.35

—

57649.35

Information and Publicity

5033.37

—

5033.37

Social Welfare

46483.69

—

46483.69

Women and Child

43434.12

—

43434.12

Development

Factories and Boilers

1488.20

—

1488.20

(1)

(2)

(3)

(4)

(5)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

525

Employment

971.70

—

971.70

Skill Development and

11403.24

—

11403.24

Entrepreneurship

Law

14670.41

—

14670.41

Rajya Sainik Board

1048.81

—

1048.81

Agriculture

27860.72

—

27860.72

Animal Husbandry and

16728.57

—

16728.57

Veterinary Services

Fisheries

11838.74

—

11838.74

Ports Administration

6617.70

—

6617.70

Forests

15461.15

—

15461.15

Handicraft, Textile and Coir

2935.70

—

2935.70

Civil Supplies

6598.22

—

6598.22

Cooperation

3413.96

—

3413.96

Science and Technology

25798.50

—

25798.50

State Election Commission

1935.00

—

1935.00

Water Resources

54002.33

—

54002.33

Planning, Statistics and

2101.50

—

2101.50

Evaluation

Electricity

316130.41

—

316130.41

River Navigation

5462.24

—

5462.24

Tourism

24716.20

—

24716.20

Goa Gazetteer

78.40

—

78.40

Legal Metrology

1071.85

—

1071.85

Department of Tribal Welfare 20629.86

—

20629.86

Information Technology

14384.00

—

14384.00

Mines

1546.35

—

1546.35

Civil Aviation

4302.00

—

4302.00

Department of Rural

12225.82

—

12225.82

Development

New and Renewable Energy

6920.50

—

6920.50

Department of Archaeology

3988.25

—

3988.25

Department of Public Private

460.00

—

460.00

Partnership

TOTAL

1983758.64

462982.17

2446740.81

(1)

(2)

(3)

(4)

(5)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 17

28TH JULY, 2022

526

Statement of Objects and Reasons

The Budget for the year 2022-2023 was presented to the

Legislative Assembly on the 30th March, 2022. The Demands

for Grants have since been discussed and voted by the

Assembly. The Appropriation Bill is, therefore, introduced in

accordance with the provisions of Article 204 of the constitution

of India to provide for appropriation out of the Consolidated

Fund of the State of Goa of the moneys required for the services

during the financial year 2022-2023.

Porvorim, Goa

DR. PRAMOD SAWANT

ndJuly, 2022

Finance Minister/Chief Minister

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

ndJuly, 2022

Legislative Assembly of Goa.

_________

Governor’s Recommendation under Article 207

of the Constitution of India

In pursuance of Article 207 of the Constitution of India,

I, P. S. Sreedharan Pillai, Governor of Goa, hereby recommend the

introduction and consideration of the Goa Appropriation (No. 2)

Bill, 2022, by the Legislative Assembly of Goa.

———ttt———

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 56.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—135/120—7/2022.

Department of New & Renewable Energy

––

Order

1-2/Admin/NRE/2022-23/80

Government is pleased to discontinue the

scheme for “Promotion of Electric Vehicle in

the State of Goa” notified vide Series I No. 38

dated 16th December, 2021, with effect from

31st July, 2022.

Electrical 2-wheelers, 3-wheelers &

4-wheelers purchased on or after 16th

December, 2021 and on or before 31st July,

2022 shall be eligible for subsidy as specified

in the scheme subject to the upper limit of

3000 Nos. of 2-Wheelers, 50 Nos. 3-wheelers

and 300 Nos. of 4-wheelers.

This is issued with the concurrence of the

Finance Department vide U. O. No. 567/F

dated 11-07-2022.

By order and in the name of the

Governor of Goa.

Aleixo F. da. Costa, Director, DNRE & ex

officio Jt. Secretary.

Panaji, 22nd July, 2022.