575

Panaji, 19th August, 2022 (Sravana 28, 1944)

SERIES I No. 20

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

SUPPLEMENT

GOVERNMENT OF GOA

Goa Legislature Secretariat

–––

LA/LEGN/2022/1377

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 21st 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 Irrigation (Amendment)

Bill, 2022

(Bill No. 20 of 2022)

BILL

further to amend the Goa Irrigation Act, 1973

(Act 18 of 1973).

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 and commencement.—

“(1) This Act may be called the Goa Irrigation

(Amendment) 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 specify.

2. Amendment of section 84.— In the Goa

Irrigation Act, 1973 (Act 18 of 1973), (herein

after referred to as the “Principal Act”), in

section 84:—

For clause (xii), the following clause may

be substituted, namely:—

“(xii), Contravenes any rule made under

this Act, the contravention whereof is

declared in the rule to be an offence

punishable under this section. Shall on

conviction be punished for the offences

under the clauses (vi), (ix) and (x) with

fine which may extend to five thousand

rupees and for offences under any other

clause with fine which may extend to one

thousand rupees:

Provided that for a second or subsequent

offence under clause (vii) or clause (viii),

such fine shall not be less than one

thousand rupees, and under other clause,

such fine shall not be less than ten

thousand rupees:

Provided further that in the case of

continuing offence, a daily fine not

exceeding five hundred rupees for every

day during the period of the continuance

of the offence shall also be imposed”.

Statement of Objects and Reasons

Clause 2 of the Bill seeks to amend Clause

(xii) of Section 84 of the Goa Irrigation Act,

1973 (hereinafter referred to as the “said

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

576

Act”) by modifying the Clause so as to

decriminalize the Act by removing the word

‘imprisonment’ and increasing the penalty

amounts.

This bill seeks to achieve the above

objects.

Financial Memorandum

The

proposed

the

Goa

Irrigation

(Amendment) Bill, 2022 does not involve any

recurring or non-recurring expenditure from

the Consolidated Fund of the State.

Memorandum Regarding Delegated

Legislation

Clause 2 of the Bill seeks to amend Clause

(xii) of Section 84 of the Goa Irrigation Act,

1973 (hereinafter referred to as the “said

Act”) by modifying the Clause so as to

decriminalize the Act by removing the word

‘imprisonment’ and increasing the penalty

amounts.

These delegations are of normal character.

Assembly Hall,

Shri. SUBHASH SHIRODKAR

Porvorim, Goa

Hon. Minister for

20-07-2022.

Water Resources.

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim, Goa

Secretary to Legislative

20-07-2022.

Assembly of Goa.

_______

ANNEXURE

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

Extracts of Section 84 of The Goa

Irrigation Act, 1973

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

84. Offences under the Act.—

Whoever voluntarily and without proper

authority,—

(i) damages, alters, enlarges or obstructs any

canal;

(ii) interferes with, increases or diminishes

the supply of water in, or the flow of water from,

through, over or under any canal, or by means

raises or lowers the level of the water in any

canal;

(iii) opens, shuts or obstructs or attempts to

open, shut or obstruct any sluice or outlet or

any other similar contrivance in any canal;

(iv) corrupts or fouls the water of any canal so

as to render it less fit for the purposes for which

it is ordinarily used;

(v) destroys, defaces or moves any land mark

or level mark or water gauge fixed under the

authority of a public servant;

(vi) destroys, tampers with or removes any

apparatus, or part of any apparatus for

controlling, regulating or measuring the flow of

water in any canal;

(vii) causes any animal or vehicle to pass on

or across any of the works, banks or canals or

channels of a canal contrary to the rules made

under this Act after he has been required to

desist there from;

(viii) causes or knowingly or willfully permits

cattle to graze upon any canal or flood

embankment, or causes, or knowingly and

willfully permits cattle to be tethered upon any

such canal or embankment or roots up any grass

or other vegetation growing on any such canal

or embankment or removes, cuts or in any way

injures, or causes to be removed, cut or otherwise

injures any tree, bush, grass or hedge intended

for protection of such canal or embankment;

(ix) puts up a dam across or otherwise

obstructs the free course of water the right to

which vests in the Government;

(x) being responsible for the maintenance of

any water-course, or using the water-course,

neglects to take proper precautions necessary

for the prevention of waste of the water thereof,

or interferes with the authorised distribution of

the water there from or uses such water in an

unauthorised manner;

(xi) contravenes any provision of this Act;

(xii) contravenes any rule made under this

Act, the contravention whereof is declared in

the rules to be an offence punishable under this

section;

shall, on conviction, be punished for the

offences under clauses (vi), (ix) and (x) with

imprisonment for a term which may extend to

one year or with fine which may extend to one

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

577

thousand rupees or with both, and for offences

under any other clause, with imprisonment for

a term which may extend to two months or with

fine which may extend to five hundred rupees

or with both:

Provided that for a second or subsequent

offence under clause (vii) or clause (viii), such

fine shall not be less than fifty rupees, and under

other clause, such fine shall not be less than

two hundred and fifty rupees:

Provided further that in the case of a

continuing offence, a daily fine not exceeding

fifty rupees for every day during the period of

the continuance of the offence shall also be

imposed.

Assembly Hall

Shri. SUBHASH SHIRODKAR

Porvorim, Goa.

Hon. Minister for

Dated: 20-07-2022.

Water Resources.

Assembly Hall

Smt. NAMRATA ULMAN

Porvorim, Goa.

Secretary to Legislative

Dated: 20-07-2022.

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

Command Area Development (Amendment)

Bill, 2022 by the Legislative Assembly of Goa.

RAJ BHAVAN

P. S. SREEDHARAN PILLAI

Dated: 20-07-2022.

Governor of Goa.

—–––––

LA/LEGN/2022/1378

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Command Area Development

(Amendment) Bill, 2022

(Bill No. 21 of 2022)

BILL

further to amend the Goa Command Area

Development Act, 1997.

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 and commencement.—

“(1) This Act may be called the Goa

Command Area Development (Amendment)

Act, 2022.

(2) It shall extend to the areas as specified

in the Schedule and such other areas, as the

State Government may, by notification in the

Official Gazette specify.

(3) It shall come into force at once.

2. Amendment of section 35.— In Goa

Command Area Development Act, 1997,

(herein after referred to as the “Principal

Act”), in Section 35 clause (1):-

For sub-clause (g) the following sub-clause

may be substituted, namely:-

“(g)

uses

water

unlawfully

unauthorisedly or agrees to or allows to

grow any crops in contravention of any

notification under this Act shall, on

conviction, be punished with fine which

shall not be less than five thousand rupees,

but may extend to ten thousand

rupees:

Provided that in case of a continuing

offence, a fine not exceeding five hundred

rupees per day shall also be imposed

during the period of the continuance of

the offence”.

Statement of Objects and Reasons

Clause 2 of the Bill seeks to amend Clause

(1)(g) of Section 35 of the Goa Command Area

Development Act, 1997 (hereinafter referred

to as the “said Act”) by modifying the Clause

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

578

so as to decriminalize the Act by removing

the word ‘imprisonment’ and increasing the

penalty amounts.

This bill seeks to achieve the above objects

Financial Memorandum

The proposed the Goa Command Area

Development (Amendment) Act, 2022 does

not involve any recurring or non-recurring

expenditure from the Consolidated Fund of the

State.

Memorandum Regarding Delegated

Legislation

Clause 2 of the Bill seeks to amend Clause

(1)(g) of Section 35 of the Goa Command Area

Development Act, 1997 (hereinafter referred

to as the “said Act”) by modifying the Clause

so as to decriminalize the Act by removing

the word ‘imprisonment’ and increasing the

penalty amounts.

These delegations are of normal character.

Assembly Hall,

Shri. SUBHASH SHIRODKAR

Porvorim, Goa.

Hon. Minister for

20-07-2022.

Water Resources.

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim, Goa

Secretary to Legislative

20-07-2022.

Assembly of Goa.

________

ANNEXURE

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

Extracts of Section 35 of The Goa Command

Area Development Act, 1997

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

35. Penalties.— (1) Whoever, voluntarily or

without proper authority,—

(a) damages, alters, enlarges, or obstructs any

“irrigation” system under a pipe outlet;

(b) interferes with, increases, or diminishes

the water supply in or the flow of water from,

through, over or under any “irrigation” system

under a pipe-outlet;

“irrigation” system under a pipe outlet, neglects

to take proper precautions for prevention of

wastage of the water thereof or interferes with

the authorised distribution of water therefrom

or uses water in an unauthorised manner or in

such manner as to cause damage to the adjacent

land holding;

(d) corrupts or fouls, the water of any

“irrigation” system under a pipe-outlet so as to

render it less fit for the purpose for which it is

ordinarily used;

(e) destroys, defaces or removes any level

marks or water-gauge or any other work or sign

fixed by the Command Area Development Board

or a public servant;

(f) opens, shuts or obstructs or attempts to

open, shut, or obstruct any sluice or outlet or

any other similar contrivance in any “irrigation”

system under a pipe-outlet or drainage system;

(g) uses water unlawfully or unauthorisedly

or agrees to or allows to grow any crop in

contravention of any notification under this Act

shall, on conviction, be punished with

imprisonment which may extend to two years or

with fine which shall not be less than one

thousand rupees, but may extend to five

thousand rupees or with both:

Provided that in the case of a continuing offence,

a fine not exceeding one hundred rupees per day

shall also be imposed during the period of the

continuance of the offence.

(2) While convicting any person under sub-

section (1), the Judicial Magistrate may order that

the said person shall remove the obstruction or

repair the damage, sluice or outlet or replace the

level mark, water gauge or other work in respect

of which the conviction has taken place, within a

period to be specified in such order. If such person

neglects or refuses to obey such orders within the

period so fixed, the Command Area Development

Board may carry out the work in accordance with

such order and the cost thereof shall be recoverable

from such person as arrears of land revenue.

Assembly Hall

Shri. SUBHASH SHIRODKAR

Porvorim, Goa

Hon. Minister for

Dated: 20-07-2022.

Water Resources.

Assembly Hall

Smt. NAMRATA ULMAN

Porvorim, Goa.

Secretary to Legislative

Dated: 20-07-2022.

Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

579

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

Command Area Development (Amendment)

Bill, 2022 by the Legislative Assembly of Goa.

RAJ BHAVAN

P. S. SREEDHARAN PILLAI

Dated: 20-07-2022.

Governor of Goa.

—–––––

LA/LEGN/2022/1379

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Tillari Irrigation Development

Corporation (Amendment) Bill, 2022

(Bill No. 22 of 2022)

BILL

further to amend the Goa Tillari Irrigation

Development Corporation Act, 1999 (Act 6

of 1999).

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 and commencement.—

“(1) This Act may be called the Goa

Tillari Irrigation Development Corporation

(Amendment) Bill, 2022.

(2) It shall extend to the areas as specified

in the Schedule and such other areas, as the

State Government may, by notification in the

Official Gazette specify.

(3) It shall come into force at once.

2. Amendment of section 57.— In the Goa

Tillari Irrigation Development Corporation

Act, 1999 (Act 6 of 1999), (hereinafter referred

to as the “Principal Act”), in section 57:—

For section 57, the following may be

substituted, namely:—

“Section 57. Penalty for Obstruction.—

Any person who obstructs the entry of a

person authorised under section 48 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, be punished with

a fine which may extend to five thousand

rupees.”

Statement of Objects and Reasons

Clause 2 of the Bill seeks to amend section

57 of the Goa Tillari Irrigation Development

Corporation Act, 1999 (hereinafter referred

to as the “said Act”) by modifying the Clause

so as to decriminalize the Act by removing

the word ‘imprisonment’ and increasing the

penalty amounts.

This bill seeks to achieve the above objects

Financial Memorandum

The proposed the Goa Tillari Irrigation

Development Corporation (Amendment) Bill,

2022 does not involve any recurring or non-

recurring expenditure from the Consolidated

Fund of the State.

Memorandum Regarding Delegated

Legislation

Clause 2 of the Bill seeks to amend section

57 of the Goa Tillari Irrigation Development

Corporation Act, 1999 (hereinafter referred

to as the “said Act”) by modifying the section

so as to decriminalize the Act by removing

the word ‘imprisonment’ and increasing the

penalty amounts.

These delegations are of normal character.

Assembly Hall,

Shri. SUBHASH SHIRODKAR

Porvorim, Goa

Hon. Minister for

20-07-2022.

Water Resources.

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim, Goa

Secretary to Legislative

20-07-2022.

Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

580

ANNEXURE

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

Extracts of Section 57 of The Goa Tillari

Irrigation Development Corporation

Act, 1999

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

57. Penalty for obstruction.— Any person who

obstructs the entry of a person authorised under

section 48 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,

be punished with imprisonment for a term which

may extend to six months, or with a fine which

may extend to one thousand rupees or with both.

Assembly Hall

Shri. SUBHASH SHIRODKAR

Porvorim, Goa.

Hon. Minister for

Dated: 20-07-2022.

Water Resources.

Assembly Hall

Smt. NAMRATA ULMAN

Porvorim, Goa.

Secretary to Legislative

Dated: 20-07-2022.

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

Tillari Irrigation Development Corporation

(Amendment) Bill, 2022 by the Legislative

Assembly of Goa.

RAJ BHAVAN

P. S. SREEDHARAN PILLAI

Dated: 20-07-2022.

Governor of Goa.

—–––––––

LA/LEGN/2022/1380

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Ground Water Regulation

(Amendment) Bill, 2022

(Bill No. 23 of 2022)

BILL

further to amend the Goa Ground Water

Regulation Act, 2002 (Act 1 of 2002).

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 and commencement.—

“(1) This Act may be called the Goa Ground

Water Regulation (Amendment) 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 specify.

2. Amendment of section 17.— In the Goa

Ground Water Regulation Act, 2002 (Act 1 of

2002), (hereinafter referred to as the

“Principal Act”), in section 17:-

For clause (B) b (ii) the following clause

may be substituted, namely:—

“(b) (ii) for the second and subsequent

offence, with fine which may extend upto

rupees ten thousand, every time and/or

sealing of the well”.

Statement of Objects and Reasons

Clause 2 of the Bill seeks to amend Section

17 (B)(b)(ii) of the Goa Ground Water

Regulation Act, 2002 (hereinafter referred to

as the “said Act”) by modifying the Clause

so as to decriminalize the Act by removing

the word ‘imprisonment’ and increasing the

penalty amounts.

This bill seeks to achieve the above objects

Financial Memorandum

The proposed the Goa Ground Water

Regulation (Amendment) Bill, 2022 does not

involve any recurring or non-recurring

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

581

expenditure from the Consolidated Fund of the

State.

Memorandum Regarding Delegated

Legislation

Clause 2 of the Bill seeks to amend Section

17 (B)(b)(ii) of the Goa Ground Water

Regulation Act, 2002 (hereinafter referred to

as the “said Act”) by modifying the section

so as to decriminalize the Act by removing

the word ‘imprisonment’ and increasing the

penalty amounts.

These delegations are of normal character.

Assembly Hall,

Shri SUBHASH SHIRODKAR

Porvorim, Goa.

Hon. Minister for

20-07-2022.

Water Resources.

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim, Goa

Secretary to Legislative

20-07-2022.

Assembly of Goa.

________

ANNEXURE

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

Extracts of Section 17 of The Goa Ground

Water Regulation Act, 2002

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

17. Offences and Penalties.—

(A) For non-receipt of information:

If any user,—

(a) contravenes or fails to comply with any of

the provisions of this Act or rules made

thereunder, in supplying information as

prescribed; or

(b) obstructs the Ground Water Officer or any

other person authorised by him to exercise any

powers under this Act,

he shall be punishable—

(i) for the first offence, with fine which may

extend to rupees one thousand; and

(ii) for the second and subsequent offence, with

fine which may extend to rupees two thousand,

every time.

(B) For illegal sinking/construction and/or use

of wells and/or transportation of water and/or

polluting and contaminating ground water:

If any user—

(a) contravenes or fails to comply with any of

the provisions of this Act or any rule made

thereunder;

(b) obstructs the Ground Water Officer or any

other person authorised by him to exercise the

powers under this Act,

he shall be punishable—

(i) for the first offence, with fine which may

extend to rupees five thousand;

(ii) for the second and subsequent offence,

with imprisonment for a term which may extend

to six months and/or with fine which may extend

upto rupees ten thousand, every time.

Assembly Hall

Shri. SUBHASH SHIRODKAR

Porvorim, Goa

Hon. Minister for

Dated: 20-07-2022.

Water Resources.

Assembly Hall

Smt. NAMRATA ULMAN

Porvorim, Goa.

Secretary to Legislative

Dated: 20-07-2022.

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

Ground Water Regulation (Amendment) Bill,

2022 by the Legislative Assembly of Goa.

RAJ BHAVAN

P. S. SREEDHARAN PILLAI

Dated: 20-07-2022.

Governor of Goa.

_______

LA/LEGN/2022/1381

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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. 20

(SUPPLEMENT)

19TH AUGUST, 2022

582

The Goa Tax on Infrastructure (Amendment)

Bill, 2022

(Bill No. 14 of 2022)

Bill

further

amend

the

Goa

Tax

Infrastructure Act, 2009 (Goa Act 20 of

2009).

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 Tax on

Infrastructure (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 7.— For section 7

of the Goa Tax on Infrastructure, 2009 (Goa Act

20 of 2009) (hereinafter referred as Principal

Act”), the following section shall be

substituted, namely:—

“7.—

Whoever

contravenes

the

provisions of this Act shall, on conviction,

be liable to pay a fine, twice the amount of

tax or service charge payable under this

Act.”

3. Amendment of section 9.— In section 9 of

the principal Act, in sub-section (3) after the

expression “resulting in any addition or

deletion of building area”, the expression

“resulting in any addition or deletion of

building area, or in case of withdrawal of the

building project,” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 7 of the Goa

Tax on Infrastructure Act, 2009 (Goa Act 20 of

2009) so as to decriminalize the provision of

imprisonment in section 7 of the said Act. The

Bill also seeks to amend section 9 so as to make

provision for refund of tax in case of withdrawal

of building project.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is involved in this

Bill.

Porvorim–Goa

VISHWAJIT P. RANE

19th July, 2022.

Hon’ble Minister

for TCP.

Assembly Hall

NAMRATA ULMAN

Porvorim–Goa.

Secretary to the Legislative

19th July, 2022.

Assembly of Goa.

________

ANNEXURE

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

Extracts of section 7 and 9 of the Goa Tax on

Infrastructure Tax Act, 2009 (Act 20 of 2009)

---------------------------------------------------------------------------–

7. Penalty.— Whoever contravenes the provisions

of this Act shall, on conviction, be liable to

imprisonment for a term not exceeding one year and/

or liable to pay a fine, twice the amount of tax or

service charge payable under this Act.

9. Recovery or Refund of Tax or Service charge on

Infrastructure.— (1) If any amount on account of tax

or service charge on infrastructure is found to be

due from any person, without prejudice to any other

mode of recovery, the same may be recovered as

arrears of land revenue under the provisions of the

Goa Land Revenue Code, 1968 (Act No. 9 of 1969).

(2) Any amount paid in excess of infrastructure

tax or service charge due to clerical error,

typographical error or wrong assessment, the same

shall be refunded to the concerned person/s on an

application made by him to the competent authority,

within a period of one year from the date of payment

of the tax or service charge.

(3) In case of any revision in the plan, resulting in

any addition or deletion of building area, then the

tax or service charge on infrastructure levied on such

building area shall be recovered or refunded, as the

case may be, to the concerned person on an

application made to the competent authority under

this Act.

Assembly Hall

NAMRATA ULMAN

Porvorim-Goa

Secretary Legislature.

19th July, 2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

19TH AUGUST, 2022

583

LA/LEGN/2022/1382

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Town and Country Planning

(Amendment) Bill, 2022

(Bill No. 15 of 2022)

Bill

further to amend the Goa Town and Country

Planning Act, 1974 (Act 21 of 1975).

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 Town and Country

Planning (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 Town and Country Planning Act, 1974

(Act 21 of 1975) (hereinafter referred to as the

“principal Act”,—

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

shall be inserted, namely:—

“(19A) “local planning area” means an

area other than planning area;”.

(ii) after clause (30), the following clause

shall be inserted, namely:—

“(31) “Zoning Plan” means a Zoning

Plan prepared under this Act.”.

3. Insertion of new sections 17D and 17E.—

After section 17C of the principal Act, the

following sections shall be inserted, namely:—

“17D. Power to direct preparation of

Zoning Plan.— (1) The Government may

direct the Chief Town Planner (Planning) to

prepare a Zoning Plan in respect of the

whole or any part or parts of the local

planning area.

(2) The Zoning Plan referred under sub-

-section (1) shall be prepared after

consultation with the concerned local

authority or authorities and it shall be within

the broad framework of regional plan.

(3) The provisions of sections 12, 13, 14

and 15 of this Act shall mutatis mutandis

apply for preparation of Zoning Plan.

17E. Contents of Zoning Plan.— (1) The

Zoning Plan shall,—

(a) indicate, define and provide for all the

matters that have to be, or may be,

indicated, defined and provided for in the

regional plan with such modifications as the

Government deems fit;

(b) indicate, define and provide for—

(i) areas to be reserved for agriculture,

public and semi-public open spaces,

parks, playgrounds, gardens, and other

recreational uses, green belts and natural

reserves;

(ii) comprehensive land allocation of

areas or zones for residential, commercial,

industrial, public utilities, agricultural and

other purposes;

(iii) complete road and street pattern

and traffic circulation pattern for present

and future requirements;

(iv)

major

road

and

street

improvements;

(v) areas reserved for public buildings

and institutions and for new civic

development;

(vi) areas for future development and

expansion, and areas for new housing;

(vii) amenities, services and utilities;

(viii) such other matters as may be

prescribed or as may be directed by the

Government or the Board to be indicated,

defined, and provided for;

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584

within each zone, the location, height,

number of storeys and size of buildings and

other structures, the size of yards, courts

and other open spaces and the use of

buildings, structures and land;

(2) Zoning Plan for local planning area

may,—

(a) indicate, define and provide for,—

(i) all such matters including planning

standards, gross and new density and

such

guiding

principles

the

Government may consider expedient to

be indicated, defined and provided for in

the regional Plan;

(ii) detailed development of specific

areas for housing, shopping centres,

industrial

areas,

civic

centres,

educational and cultural institutions, rain

water harvesting, garbage management,

cattle pounds and other public utilities;

(iii) control of architectural features,

elevation and frontage of buildings and

structures;

(b) designate, any land as land subject to

acquisition for any public purpose, and in

particular, but without prejudice to the

generality of this provision for the

purposes of:—

(i) the State Governments, or for any

local authority or other authority

established by law and public utility

concerns;

(ii) dealing satisfactorily with the areas

of bad layout or obsolete development,

slum areas for re-location of population;

(iii) providing for open spaces, parks

and playgrounds;

(iv) securing the use of the land in the

manner specified in the development

plan;

(v) any of the matters as are referred to

in clause (a).

transferable development right, transferable

development right for posterity, accommo-

dation reservation or any other similar

technique for promoting planned development.

(3) Subject to such rules as may be made

for regulating the form and contents of a Zoning

Plan, any such plan shall include such maps

and such descriptive matters as may be

necessary to explain and illustrate the

proposals included in that plan.”.

4. Insertion of new section 99A.— After

section 99 of the principal Act, the following

section shall be inserted, namely:—

“99A. Power to engage consultant or set

up a special function agency.— The

Planning and Development Authority or the

Chief Town Planner (Planning) with the prior

approval or upon direction of the

Government may engage a consultant or set

up special function agency for performance

of such specific function consistent with the

objects of this Act, where it is of the opinion

that such function requires highest level of

efficiency.”.

5. Amendment of section 110.— In section

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

the following sub-section shall be substituted,

namely:—

(3) Any person who obstructs the entry

of a person empowered or authorised under

this section to enter into or upon any land

or building or molests such person after

such entry shall be punishable with fine

which may extend to ten thousand rupees.”.

6. Amendment of section 115.— In section

115 of the principal Act, for sub-section (4),

the following sub-section shall be substituted,

namely:—

“(4) If any officer having custody of a plan,

scheme makes or causes to be made any

change in such plan, scheme or in any part,

such change not being authorised by or

under the provisions of this Act, he shall be

liable for disciplinary action.”.

7. Amendment of section 123.— In section

123 of the principal Act, for the expression

“with fine which may be extend to two

hundred rupees or with imprisonment for a

term which may be extend to two months”,

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585

the expression “with fine which may extend

upto ten thousand rupees” shall be

substituted.

Statement of Objects and Reasons

The Bill seeks to provide for preparation of

zoning plans for villages and towns which are

not falling under planning areas and under

jurisdiction of Planning and Development

Authorities.

The Bill also seeks to decriminalise certain

provisions of the Goa Town and Country

Planning Act, 1974 (Goa Act No. 21 of 1975)

(hereinafter referred to as the “said Act”) by

removing the imprisonment provision for

minor offences under section 110,115 and 123,

while increasing the fine in case of section 110

and 123 and to impose disciplinary action

under section 115 of the said Act.

The Bill also seeks to insert a new section

99A in the said Act so as to enable the Planning

and Development Authority and the

Government to engage special function

agencies/consultants for preparation of plan.

Financial Memorandum

No financial implications are involved in this

Bill

Memorandum Regarding Delegated

Legislation

Clause 1 (2) of the Bill empowers

Government to issue Notification for

appointing a date for bringing into force the

Act.

Clause 3 of the Bill empowers Government

to frame rules for indicating, defining and

providing other matters to be specified in the

Zoning Plan.

Porvorim–Goa

VISHWAJIT P. RANE

19th July, 2022

Hon’ble Minister for TCP

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa

Secretary to the Legislative

19th July, 2022

Assembly of Goa

ANNEXURE

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

Extracts of Section 2, 110,115 and 123 of the Goa

Town and Country Planning Act, 1974

(Act 21 of 1975)

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

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

otherwise requires,—

(1) “accommodation reservation” means to

accord a permission by the Government to owner

of land, that is required for public amenity

specified in Development Plan or Regional Plan,

by the Planning and Development Authority,

municipal corporation, municipal council or

village panchayat, as the case may be, to use the

potential of such land in the form of built-up space

guided by permissible Floor Area Ratio, in

addition to the built-up space required for such

amenity, in lieu of payment of compensation for

such land and such amenity, transferred in favour

of such authority;

(1A) “agriculture” includes (i) horticulture,

farming, growing of crops, fruits, vegetables,

flowers, grass, fodder and trees; (ii) any kind of

cultivation of soil; (iii) breeding and keeping of

livestock including cattle, horses, donkeys, mules,

pigs, fish, poultry and bees; (iv) the use of land

which is ancillary to the farming of land or any

other agricultural purposes;

but does not include the use of any land

attached to a building for the purposes of garden

to be used along with such building; and the

expression “agricultural” shall be construed

accordingly;

(2) “amenities” include the utilities such as

roads and streets, open spaces, parks, recreational

grounds, playgrounds, water and electric supply,

street lighting, sewerage, drainage, public works

and other utilities, services and conveniences;

(3) “area of bad lay-out or obsolete

development” means the area which is defined

by a Development Plan as an area of bad lay-out

or obsolete development and includes other lands

contiguous or adjacent thereto;

(4) “Board” means the Goa, Town and Country

Planning Board constituted under section 4;

(5) “building operations” includes—

(a) erection or re-erection of a building or

any part of it;

(b) roofing or re-roofing of a building or any

part of a building or an open space;

of a building;

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(d) any such alteration of a building as is

likely to affect an alteration of its drainage or

sanitary arrangements or materially affect its

security; and

(e) the construction of a door opening on any

street or land not belonging to the owner of a

building;

(6) “Chief Town Planner” means the Chief Town

Planner appointed under section 3;

(7) “commerce” means the carrying on of any

trade, business or profession, sale or exchange of

goods of any type whatsoever, and includes the

running of:—

(i) with a view to making profit, hospitals or

nursing homes exceeding twenty-five beds;

and

(ii) hotels, restaurants and boarding houses

not attached to educational institutions; and

the expression “commercial” shall be

construed accordingly;

(8) “commercial use” includes the use of any

land or building or part thereof for purposes of

commerce or for storage of goods, or as an office,

whether attached to any industry or otherwise;

(9) “court” means a court under the Code of

Civil Procedure, 1908 (Central Act V of 1908);

(10) “development” with its grammatical

variations and cognate expressions, means the

carrying out of building, engineering, 3[ ] or other

operations in, on, over or under, land, 4[ ] or the

making of any material change in any building or

land, or in the use of any building or land, and

includes sub-division of any land;

(11) “Development Plan” means an Outline

Development Plan or a Comprehensive

Development Plan prepared under this Act;

(12) “engineering operations” includes the

formation or the laying out of means of access to a

road or the laying out of means of water supply,

drainage, sewerage or of electricity cables or lines

or of telephone lines;

(13) “Government” means the Government of

Goa,

(14) “industrial use” includes the use of any

land or building or part thereof for purposes of

any industry;

(15) “industry” includes the

carrying on of any manufacturing

process as defined in the Factories Act,

1948, and the expression “industrial”

shall be construed accordingly;

(16) “land” includes benefits arising out of land

and things attached to the earth or permanently

fastened to anything attached to the earth;

(17) “land use” means the major use to which a

plot of land is being used on any specified date;

(18) “local authority” means a municipal

council or a village panchayat;

(19) “local newspaper” in relation to any

planning area, means any newspaper published

or circulated within that area;

(20) “notification” means a notification

published in the Official Gazette;

(21) “occupier” includes—

(a) a tenant;

(b) an owner in occupation of, or otherwise

using his land or building or part thereof;

building or part thereof;

(d) a licensee in occupation of any land or

building or part thereof; and

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

owner damages for the use and occupation of

any land or building or part thereof;

(22) “owner” in relation to any property,

includes the person for the time being receiving

or entitled to receive, whether on his own account

or as agent, trustee, guardian, manager, or

receiver for another person, or for any religious or

charitable purpose, the rents or profits of such

property;

(23) “Planning and Development Authority”

means any Planning and Development Authority

constituted under this Act;

(24) “planning area” means any area declared

to be a planning area under this Act;

(25) “plot” means a continuous portion of land

held in one ownership;

(26) “prescribed” means prescribed by rules

made under this Act;

(27) “public place” means any place or building

which is open to the use and enjoyment of the

public, whether it is actually used or enjoyed by

the public or not, and whether the entry is

regulated by any fees or not;

(28) “reconstituted plot” means a plot which

is altered either in ownership or in any other

manner by a town planning scheme;

Central

Act 63 of

1948

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(29) “re-location of population” means in

relation to an area of bad lay-out or obsolete

development or a slum area, the making available,

in that area or elsewhere, of accommodation, for

residential purposes or for carrying on business

or other activities, together with amenities, to

persons living or carrying on business or other

activities in the said area who have to be so

accommodated so that the said area may be

properly planned;

(30) “residence” includes the use for human

habitation of any land or building or part thereof

including gardens, grounds, garages, stables and

out-houses if any, appertaining to such building;

and the expression “residential” shall be

construed accordingly;

(30A) “State” means the State of Goa;”;

(30B) “transferable development right” means

a right to transfer the potential of a land required

for public purpose by the Planning and

Development Authority, municipal corporation,

municipal council or a village panchayat, as the

case may be, expressed in terms of total

permissible built-up area, for utilization by the

owner himself or transfer by him to someone else,

from the present location to a specified area, as

additional built-up space over and above the

permissible limit in that area in lieu of the payment

of compensation for such land;

(30C) “transferable development right for

posterity” means the right to sell, transfer or

surrender the development right or potential of

land zoned as agricultural land or land in other

areas such as heritage site, water body, riverine

land, farm land, khazan land, private forest, land

under Coastal Regulation Zone and the like to

alternate sites as identified in the Development

Plan or Regional Plan;”.

(31) ....

(32) words and expressions used in

this Act and not defined herein but

defined in the Goa, Municipalities Act,

1968, shall have the same meanings as

are respectively assigned to them in

that Act

110. Power of entry.— (1) The Chief Town Planner

or Town Planning Officer of any Planning and

Development Authority or any person authorised by

the Board or any Planning and Development

Authority may enter into, or upon, any land or

building with or without assistants or workmen for

the purpose of —

(a) making any enquiry, inspection,

measurement or survey or taking levels of such

land or building;

(b) setting out boundaries and intended lines

of works;

by placing marks and cutting trenches;

(d) examining works under construction and

ascertaining the course of sewers and drains;

(e) digging or boring into the sub-soil;

(f) ascertaining whether any land is being or

has been developed in contravention of any

provision of this Act or rules or regulations there

under;

(g) doing any other act necessary for the

efficient administration of this Act: Provided

that—

(i) in the case of any building used as a

dwelling house or upon any enclosed part or

garden attached to such building, no such

entry shall be made (unless with the consent

of the occupier thereof) without giving such

occupier at least twenty-four hours notice in

writing of the intention to enter;

(ii) sufficient opportunity shall in every case

be given to enable women (if any) to withdraw

from such land or building;

(iii) due regard shall always be had, so far as

may be compatible with the exigencies of the

purpose for which the entry is made, to the

social and religious usages of the occupants of

the land or building entered.

(2) The powers of the Chief Town Planner or the

Board under sub-section (1) shall extend to the

whole of the Union territory, and the powers of any

Town Planning Officer or any Planning and

Development Authority under sub-section (1) shall

extend to the planning area within the Jurisdiction

of that Authority and such other area which the

Government may have directed to be included in a

Development Plan.

(3) Any person who obstructs the entry of a person

empowered or authorised under this section to enter

into or upon any land or building or molests such

person after such entry shall be punishable with

imprisonment for a term which may extend to six

months, or with fine which may extend to one

thousand rupees, or with both.

115. Authentication of plans and schemes and

custody thereof.— (1) Every Regional Plan,

7 of 1969.

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Development Plan or town planning scheme which

is finally sanctioned by the Government shall be

drawn up in duplicate and every such plan or scheme

or every page thereof shall be authenticated under

the seal and signature of the Secretary to the

Government. One such plan or scheme shall be

deposited with the member secretary of the Town

and Country Planning Board and sealed with his seal

and the second shall be deposited with the Planning

and Development Authority concerned.

(2) The plan or scheme deposited with the member

secretary or the Town and Country Planning Board

under seal shall be kept under lock and key and

custody of member secretary and shall not be utilised

unless it is required for production in any court or

any authority duly empowered in this behalf by the

Government for verifying any entry made or alleged

to be made in any such plan or scheme, and a certified

copy of any plan or scheme or any part thereof may

be given to any person on payment of a fee thereof

as prescribed.

(3) Where a plan or scheme or any part thereof is

produced for verification such plan or scheme or part

after the relevant entry or entries therein are duly

verified (such verification being made in court, or as

the case may be in the Planning Board of any officer

duly nominated by him in that behalf) shall be

resealed with seal of Town and Country Planning

Board and then deposited with him in the manner

aforesaid.

(4) If any officer or person having custody of a plan,

scheme makes or causes to be made any change in

such plan, scheme or in any part, such change not

being authorised by or under the provisions of this

Act, he shall, on conviction, be punished with

imprisonment which may extend to six months and

shall also be liable to a fine.

123. Penalty for obstructing contractor or removing

mark.— If any person— (a) obstructs, or molests any

person engaged or employed by the Board or any

Planning and Development Authority or any person

with whom the Board or Planning and Development

Authority has entered into a contract, in the

performance or execution by such person of his duty,

or of anything which he is empowered or required

to do under this Act, or of any rule or regulation made

there under or under the contract, as the case may

be; or

(b) removes any mark set up for the purpose of

indicating any level or direction necessary to the

execution of work authorised under this Act, he shall

be punishable with fine which may extend to two

hundred rupees or with imprisonment for a term

which may extend to two months.

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa

Secretary Legislature

19th July, 2022

________

LA/LEGN/2022/1383

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 (Regulation of Land Development

and Building Construction) (Amendment)

Bill, 2022

(Bill No. 16 of 2022)

Bill

to amend the Goa (Regulation of Land

Development and Building Construction)

Act, 2008 (Goa Act No. 6 of 2008).

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 (Regulation of Land

Development and Building Construction)

(Amendment) Act, 2022.

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

the Government may, by notification in the

Official Gazette, appoint.

2. Substitution of section 5.— For section 5

of the Goa (Regulation of Land Development

and Building Construction) Act, 2008 (Goa Act

No. 6 of 2008) (hereinafter referred to as the

“principal Act”), the following section shall be

substituted, namely:—

“5. Public notice of the regulation.— (1)

The power to make regulations under

section 4 shall be subject to the condition of

OFFICIAL GAZETTE — GOVT. OF GOA

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589

publication in the Official Gazette and in at

least three local newspapers having wide

circulation.

(2) The Steering Committee may suggest

previous publication of such regulations as

decided by it in the Official Gazette and in

the newspapers as stated in sub-section (1)

for inviting objections and suggestions from

the public for a period of thirty days”.

3. Amendment of section 6.— In section 6 of

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

following sub-section shall be substituted,

namely:—

(2) The Steering Committee shall appoint

a Sub-Committee consisting of the Director

of Municipal Administration, Director of

Panchayats, the Chairman or member of the

Goa Chamber of Commerce and Industry,

the

Chairman

member

the

Confederation of Real Estate Developers

Association of India, a representative each

of registered local Chapter/Associations of

Town Planners, Engineers and Architects

to consider proposals referred to it by the

Steering Committee or objections and

suggestions received from the public under

sub-section (2) of section 5 and to submit a

report within a period of two months from

the date of it’s appointment to the Steering

Committee or within such further period as

the Steering Committee may from time to

time extend on request of the Sub-

Committee. The Senior Town Planner shall

be the Member-Secretary of the such Sub-

Committee”.

Statement of Objects and Reasons

The Bill seeks to substitute section 5 of the

Goa (Regulation of Land Development and

Building Construction) Act, 2008 (Goa Act No.

6 of 2008) so as to provide for pre-publication

of regulations made under said Act for public

consultation in such matters as may be

decided by the Steering Committee and to

enable the Steering Committee to seek report

from sub-committee for matters referred by it.

The Bill also seeks to amend section 6 of the

said Act so as to include the Confederation of

Real Estate Developers Association of India in

the Sub-Committee, in place of the Goa

Chamber of Housing Industry.

Financial Memorandum

No financial implications are involved in this

Bill

Memorandum Regarding Delegated

Legislation

No delegated legislation is involved in this

Bill.

Porvorim–Goa

VISHWAJIT P. RANE

19th July, 2022.

Hon’ble Minister for TCP.

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa

Secretary to the Legislative

19th July, 2022

Assembly of Goa.

_______

ANNEXURE

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

Extracts of Section 5 and 6 of the Goa (Regulation

of Land Development and Building Construction),

Act, 2008 (Act 6 of 2008)

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

5. Public notice of the regulation.— The power to

make regulations under section 4 shall be subject to

the condition of previous publication and such

publication shall be made in the Official Gazette and

in at least three local newspapers having wide

circulation inviting objections and suggestions from

the public for a period of thirty days.

6. Steering Committee.— (1) The Government may,

by notification in the Official Gazette, appoint a

“Steering Committee” consisting of the Chief

Minister, Government of Goa, as it’s Chairman, the

Minister for Urban Development, Minister for

Panchayats, Minister for Town and Country

Planning, Chief Secretary, Secretary to the

Government of Goa in charge of Urban Development,

Secretary to the Government of Goa in charge of

Panchayats and Secretary to the Government of Goa

in charge of Town and Country Planning, as it’s

members. The Chief Town Planner of the Town and

Country Planning Department shall be it’s Member

Secretary. The Government may co-opt an expert

having vast knowledge in the field of town planning

on the said Committee.

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(2) The Steering Committee shall appoint a Sub-

-Committee consisting of the Director of Municipal

Administration, Director of Panchayats, the

Chairman or member of the Goa Chamber of

Commerce and Industry, the Chairman or member of

the Goa Chamber of Housing Industry, a

representative each of registered local Chapter/

Associations of Town Planners, Engineers and

Architects to consider objections and suggestions

received from the public and to submit a report

within a period of two months from the date of it’s

appointment to the Steering Committee or within

such further period as the Steering Committee may

from time to time extend on request of the Sub-

Committee. The Senior Town Planner shall be the

Member Secretary of the said Sub-Committee.

(3) The Steering Committee and the Sub-

-Committee shall meet at such intervals and transact

such business as may be prescribed.

(4) The Steering Committee shall, after

considering the report of the Sub-Committee, submit

it’s report together with recommendations to the

Government within a period of thirty days from the

date of receipt of the report of the Sub-Committee.

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa

Secretary to the Legislative

19th July, 2022

Assembly of Goa.

________

LA/LEGN/2022/1384

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 (Regulation of Film Shooting)

(Amendment) Bill, 2022

(Bill No. 29 of 2022)

BILL

BE it enacted to amend the Goa (Regulation

of Film Shooting) Act, 2021(Goa Act 29 of 2021)

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 (Regulation of Film

Shooting) (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 7.— In section 7 of

the Goa (Regulation of Film Shooting) Act,

2021 (Goa Act 29 of 2021) (hereinafter referred

to as the “Principal Act”), for the expression

“Imprisonment for a term which may extend

to three months or with fine which may extend

to five lakh rupees or with both”, the

expression “fine which shall not be less than

fifty thousand rupees, but may extend to five

lakh rupees”, shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 7 of the Goa

(Regulation of Film Shooting) Act, 2021 (Goa

Act 29 of 2021) so as to decriminalize the

provisions of imprisonment specified in said

section 7 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.

Assembly Hall

DR. PRAMOD SAWANT

Porvorim, Goa.

Hon’ble Chief Minister/

20th July, 2022

Minister for

Information and Publicity

Assembly Hall

NAMRATA A. ULMAN

Porvorim, Goa.

Secretary to the Legislative

20th July, 2022.

Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

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591

ANNEXURE

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

Extract of section 7 of the Goa

(Regulation of Film Shooting) Act, 2021

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

7. Penalties for offences against the Act, etc.—

Whoever contravenes any provisions of this Act or

rules made thereunder shall be punished with

imprisonment for a term which may extend to three

months or with fine which may extend to five lakh

rupees or with both.

Assembly Hall.

Dr. PRAMOD SAWANT

Porvorim, Goa.

Hon’ble Chief Minister/Minister

20th July, 2022.

for Information and Publicity.

Assembly Hall.

NAMRATA A. ULMAN

Porvorim, Goa.

Secretary to the Legislative

20th July, 2022.

Assembly of Goa.

—–––––

LA/LEGN/2022/1385

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Buildings (Lease, Rent and

Eviction) Control (Amendment) Act, 2022

(Bill No. 27 of 2022)

BILL

further to amend the Goa Buildings (Lease,

Rent and Eviction) Control Act, 1968 (Act

No. 2 of 1969).

BE enacted by 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 Buildings (Lease,

Rent and Eviction) Control (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 Buildings (Lease, Rent and Eviction)

Control Act, 1968 (Act No. 2 of 1969)

(hereinafter referred to as the “principal

Act”),-

(i) clause (a) shall be re-numbered as

clause (aa) and before clause (aa) so

renumbered, the following clause shall be

inserted, namely:—

(a) “Agreement of leave and licence”

means an Agreement entered into by the

landlord and the licensee containing the

terms and conditions for using the

building on leave and licence;

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

shall be inserted, namely:— “(da) “Deputy

Collector” means the Deputy Collector

having jurisdiction over the area where the

building is situated;”;

(iii) after clause (i), the following clauses

shall be inserted, namely:-

“(ia) “leave and licence” means a

permission granted by the landlord to the

licensee for use of landlord’s building by

the licensee for a specific period and

purpose without transfer of landlord’s

interest in the building;

(ib) “licensee” means a person who is

permitted by the landlord to use his

building on leave and licence”.

3. Substitution of section 23.— For section

23 of the principal Act, the following section

shall be substituted, namely:-

“23.

Landlord’s

right

obtain

possession.— (1) A landlord may, subject to

the provisions of section 24, apply to the

Controller for an order directing the tenant

to put him in possession of the building,-

(a) if the landlord is not occupying a

building of his own in the city, town or

village concerned and requires it for his

own occupation or for the occupation of

any member of his family; or

(b) if the landlord who has more

buildings than one in the city, town or

village concerned, is in occupation of one

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such building and he bonafidely requires

another building instead, for his own

occupation:

Provided that a person who becomes

landlord after the commencement of the

tenancy by an instrument ‘inter vivos’ shall

not be entitled to apply under this sub-

section before the expiry of five years from

the date on which the instrument was

registered:

Provided further that in case of gift from

parents the above period of five years shall

be reduced to two years:

Provided further that where a landlord

has obtained possession of a building under

this sub-section, he shall not be entitled to

apply again under this section,—

(i) in case he has obtained possession

of a residential building, for possession of

another residential building of his own;

(ii) in case he has obtained possession

of a non-residential building, for

possession of another non-residential

building of his own.

(2) Where the landlord of a building is a

religious, charitable, educational or other

public institution, it may, if the building is

required for the purposes of the institution,

apply to the Controller, subject to the

provisions of section 24, for an order

directing the tenant to put the institution in

possession of the building.

(3) A landlord who is occupying only a

part of a building, may notwithstanding

anything in sub-section (1), apply to the

Controller for an order directing any tenant

occupying the whole or any portion of the

remaining part of the building to put the

landlord in possession thereof, if he requires

additional part of the building for his own

occupation or for the occupation of any

member of his family.

Explanation:— For the purpose of this

section, a landlord means a person, on account

of or for the benefit of whom the rent of a

building is received but does not include an

agent, trustee, guardian or receiver.”.

4. Insertion of new section 40A.— After

section 40 of the principal Act, the following

section shall be inserted, namely:-

“40A. Resumption of occupation of the

building given on leave and licence basis.—

(1) Notwithstanding anything contained in

this Act, a licensee in occupation of any

building given to him by a landlord on a

leave and licence basis, shall vacate such

building and allow the landlord to resume

it’s occupation immediately on expiry of the

period of leave and license; and incase of

failure of the licensee to so vacate the

building, the landlord may apply to the

Deputy Collector for an order of eviction of

the licensee.

(2) On receipt of the application under

sub-section (1), the Deputy Collector shall

issue a notice to the licensee to show cause

why an order of eviction shall not be passed

against him.

(3) On receipt of the notice issued under

sub-section (2), the licensee shall, in case

he desires to contest such application, file

his reply showing the cause, within a period

of twenty days from the date of receipt of

such notice.

(4) The period of twenty days to file the

reply as specified in sub-section (3) may be

extended by the Deputy Collector in

exceptional cases, on sufficient cause being

shown, by a period not more than sixty days

from the date of receipt of the notice under

sub-section (2).

(5) The Deputy Collector shall conduct

such inquiry based solely on the documents

and material produced before him. He shall

consider the reply, if any, filed by the

licensee and give the licensee an

opportunity of being heard in the matter.

Explanation:— For the purpose of this

section, the inquiry contemplated shall be

a summary inquiry for the limited purpose

of ascertaining that the building was

subject matter of an agreement of leave and

licence and that the period of such leave

and licence has expired.

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(6) The Deputy Collector, on being

satisfied that the period of the leave and

licence has expired and the licensee has not

vacated the building, shall pass an order of

eviction of the licensee and also direct the

licensee to pay to the landlord the damages

at double the rate of the licence fee and

other charges, if any, in respect of such

building as fixed under the agreement of

leave and licence, till the date he vacates

such building.

(7) The Deputy Collector shall not

entertain any claim of whatsoever nature

from any other person who is not a licensee.

(8) The Deputy Collector shall decide the

application under sub-section (1) within a

period of six months from the date of its filing

except wherein the period is extended as

stated in sub-section (4).

(9) Any licensee who fails to vacate the

building, given to him by the landlord on

leave and licence basis, after expiry of the

leave and licence period, shall, on

conviction, be punished with imprisonment

which may extend to three months or with

fine not exceeding rupees one lakh or with

both”.

5. Amendment of section 46.— In section 46

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

words “or the Rent Tribunal”, the words “the

Rent Tribunal or the Deputy Collector” shall

be inserted.

6. Amendment of section 47.— In section

47 of the principal Act, in second proviso, for

the words “or the Rent Tribunal”, the words

“the Rent Tribunal or the Deputy Collector”

shall be inserted.

7. Insertion of new section 53A.— After

section 53 of the principal Act, the following

section shall be inserted, namely:—

“53A. Contract of lease and an agreement

of leave and license to be compulsorily

registered.— (1) Notwithstanding anything

contained in this Act or any other law for

the time being in force, any contract of lease

or agreement of leave and licence of any

building, entered into between the landlord

and the tenant, or the licensee, as the case

may be, after commencement of the Goa

Buildings (Lease, Rent and Eviction) Control

(Amendment) Act, 2022, shall be in writing

and compulsorily registered before the

registering officer under the Registration

Act, 1908 (Act No. 16 of 1908).

(2) It shall be the duty of the landlord to

get such contract or agreement registered

failing which the claim of the tenant or

licensee about the terms and conditions

subject to which the building has been given

to him by the landlord on lease basis or leave

and licence basis, shall prevail, unless

proved otherwise.

(3) Any landlord who contravenes the

provisions of this section shall, on conviction,

be punished with the imprisonment which

may extend to three months or with fine not

exceeding rupees one lakh or with both.

(4) The agreement of leave and licence

registered as required by sub-section (1)

shall be conclusive proof of the fact of such

leave and licence and the licensee shall not

be permitted to claim that he is tenant in

respect of the building.”.

8. Amendment of section 54.— In section 54

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

(i) the expression “a simple imprison-

ment for a term which may extend to two

years and” shall be omitted;

(ii) for the word “double” the words “five

times”, shall be substituted.

9. Amendment of section 56.— In section 56

of the principal Act, for the expression “the

controller,”, the expression “the controller, or

the “Deputy Collector,” shall be inserted.

Statement of Objects and Reasons

The Bill seeks to substitute section 23 of the

Goa Building (Lease, Rent and Eviction)

Control Act, 1968 (Act No. 2 of 1969)

hereinafter referred as the “said Act”),

existing so as to bring it in line with the

judgment of Hon’ble Supreme Court dated

05-12-1995 in the matter of Harbilas Rai Bansal

V/s State of Punjab & Anr in (1996 AIR 857,

1996 SCC(1) 1). The Bill seeks to insert new

sections 40A and 53A so as to provide for grant

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594

of premises on agreement of leave and licence,

it also seeks to carry out consequential

amendments to section 2 so as to facilitate and

encourage landlords to give the buildings on

leave and licence basis.

The Bill seeks to amend section 54 of the said

Act so as to decriminalize provisions of

imprisonment in said section.

The Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications involved in this

Bill.

Memorandum Regarding Delegated

Legislation

Clause 1(2) of the Bill empowers the

Government to issue notification for appointing

a date for bring the Act into force.

Assembly Hall,

Shri. ATANASIO MONSERRATE

Porvorim-Goa,

Minister for Revenue.

21st July, 2022.

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa,

Secretary to the Legislative

21st July, 2022.

Assembly of Goa.

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

Extract of the Section 2, 23, 46 (1) 47, 54, 56 of

the Goa, Buildings (Lease, Rent and Eviction)

Control (Amendment) Act, 2013

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

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

otherwise requires,—

(a) “Appellate Board” means the Appellate

Board constituted under sub-section (1) of section

41;

(b) “Authorised Officer” means an officer

appointed as such under sub-section (2) of section

41;

building, which is, or is intended to be, let

separately for use as a residence or for commercial

use or for any other purpose, and includes—

(i) the garden, ground and out-houses, if any,

appertaining to such building or part of the

building;

(ii) any furniture supplied by the landlord

for use in such building or part of the building;

but does not include a room in a hotel or

lodging house;

(d ) “Controller” means a person appointed as a

controller under sub-section (2) of section 41 and,

except in section 42, includes an Additional

Controller;

(e) “fair rate” means the fair rate fixed under

section 37 and includes the rate as revised under

section 38;

(f) “fair rent” means the fair rent fixed under

Chapter III;

(g) “Government” means the Government of

Goa;

(h) “hotel or lodging house” means a building,

or part of a building, where lodging with or without

board or other services is provided for monetary

consideration;

(i) “landlord” means a person who, for the time

being, is receiving, or is entitled to receive, the

rent of any building, whether on his own account

or on account of, or on behalf of, or for the benefit

of, any other person or as a trustee, guardian or

receiver for any other person or who would so

receive the rent or be entitled to receive the rent,

if the premises were let to a tenant;

(j) “manager of a hotel” includes any person in

charge of the management of the hotel;

(k) “member of the family” means-

“[(i) in relation to a landlord who is an

individual, his spouse, son, daughter and

includes father, mother, grandson solely

dependent on the landlord for maintenance:

Provided that in the case of married

daughter, her husband shall not be entitled to

claim any benefit under section 5, if his wife

has already got the said benefit thereunder and

in case her husband has already got the said

benefit, the married daughter shall not be

entitled to claim the same”.]

(ii) in relation to a landlord who is a joint

Hindu family, the members of such a family;

(iii) in relation to joint owners other than a

Joint Hindu family, the members of the family

as indicated in sub-clause (i) in relation to each

of such joint owners;

(l) “owner of a lodging House” means a person

who for the time being is receiving, or is entitled

to receive, whether on his own account, or on

account of, or on behalf of, or for the benefit of,

himself or any other person or as an agent or

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guardian, receiver or a trustee or any other person,

any monetary consideration from any person on

account of board, lodging or other services

provided in the lodging house;

(m) “prescribed” means prescribed by rules

made under this Act;

(n) “Rent Tribunal” means the Rent Tribunal

constituted under sub-section (1) of section 41;

(o) “tenant” means any person by whom or on

whose account or behalf the rent of any building

is, or but for special contract would be, payable

and includes [in the event of his death the

surviving spouse, or any son, or unmarried

daughter or father or mother who had been living

with him as a member of his family upto the date

of his death and] a sub-tenant and also any person

continuing in possession after the termination of

his tenancy, but shall not include any person

against whom any order, or decree for eviction has

been made.

23. Landlord’s right to obtain possession.— (1) A

landlord may, subject to the provisions of section 24,

apply to the Controller for an order directing the

tenant to put him in possession of the building-

[* ].

(a) in case it is a residential building,-

(i) if the landlord is not occupying a

residential building of his own in the city, town

or village concerned and he requires it for his

own occupation or for the occupation of any

member of his family; or

(ii) if the landlord who has more buildings

than one in the city, town or village concerned

is in occupation of one such building and

he bona fide requires another building

instead, for his own occupation;

(b) in case it is a non-residential building which

is used for the purpose of keeping a vehicle or

adapted for such use, if the landlord requires if for

his own or to the possession of which he is entitled

in the city, town or village concerned which is

own or to the possession of which he is entitled

whether under this Act or otherwise:

Provided that a person who becomes a landlord

after the commencement of the tenancy by an

instrument ‘inter vivos’ shall not be entitled to

apply under [this sub-section] before the expiry

of five years from the date on which the instrument

was registered:

[Provided further that in case of gift from

parents the above period of five years shall be

reduced to two years]:

Provided further that where a landlord has

obtained possession of a building under this

section, he shall not be entitled to apply again

under this section-

(i) in case he has obtained possession of a

residential building for possession of another

residential building of his own;

(ii) in case he has obtained possession of a non-

residential building for possession of another non-

residential building of his own.

(2) Where the landlord of a residential building is

a religious, charitable, educational or other public

institution, it may, if the building is required for the

purposes of the institution, apply to the Controller,

subject to the provisions of section 24, for an order

directing the tenant to put the institution in

possession of the building.

(3) A landlord who is occupying only a part of a

residential building, may notwithstanding anything

in sub-section (1), apply to the Controller for an order

directing any tenant occupying the whole or any

portion of the remaining part of the building to put

the landlord in possession thereof, if he requires

additional accommodation for his own use or for the

use of any member of his family.

Explanation.— For the purpose of this section, a

landlord means a person, on account of or on behalf

of or for the benefit of whom the rent of a building is

received but does not include an agent, trustees,

guardian or receiver.

46. Revision.— (1) The Appellate Board may, in

exceptional circumstances, on the application of the

party, call for and examine the records relating any

order passed under this Act by the Authorised

Officer, the Controller, or the Rent Tribunal, for the

purpose of satisfying itself as to the correctness,

legality or property of such order and may pass such

order thereon as it think fit:

Provided that no such record shall be called for

after the expiry of ninety days from the date of the

order.

(2) The cost of such proceedings shall be in the

discretion of the Appellate Board.

47. Powers of appellate and revisional authorities.—

Any appellate or revisional authority under this Act

may confirm, modify or rescind the order in appeal or

revision or its execution or may [remand the case for

disposal with such directions as deemed fit or] pass

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such other order as is as legal and is in accordance

with the provisions of this Act:

Provided that no order shall be carried in division

unless an opportunity has been given to the

interested parties to appear and be heard:

Provided further that every order passed by the

Authorised Officer, the Controller or the Rent Tribunal

shall be final, unless varied in appeal or revision and

every order passed in appeal or revision shall be final.

54. Penalties.— (1) If any person contravenes the

provisions of section 15 or section 16, he shall be

punishable with a simple imprisonment for a term

which may extend to two years and a fine which

may extend to a sum double the extra amount or

the like amount claimed, received or stipulated in

addition to or in excess of the fair rent or the agreed

rent.

(2) Any person who contravenes or attempts to

contravene or abets the contravention of any of the

provisions other than section 15 or section 16 of

this Act, or any rule made thereunder shall be

punishable with fine which may extend to five

thousand rupees.

(3) Where a person committing an offence under

this Act is a company, or other body corporate, or

an association of persons (whether incorporated or

not), every Director, Manager, Secretary, Agent or

other Officer or person concerned with the

management thereof shall unless he proves that

the offence was committed without his knowledge

or consent, be deemed to be guilty of such offence.

56. Jurisdiction of courts barred.— Save as

provided in this Act, no court shall have jurisdiction

to settle, determine or deal with any question which

is by or under this Act required to be settled,

determined or dealt with by the Controller, the Rent

Tribunal, the Appellate Board, the Administrative

Tribunal, or the Administrator, and no order passed

by any such authorities under this Act shall be

called in question in any court.

—–––––

LA/LEGN/2022/1386

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Tourist Places (Protection and

Maintenance) (Amendment) Bill, 2022

(Bill No. 34 of 2022)

BILL

further to amend the Goa Tourist Places

(Protection and Maintenance) Act, 2001

(Goa Act 56 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 Tourist Places

(Protection and Maintenance) (Amendment)

Act, 2022.

(2) It shall come into force at once.

(3) Substitution of section 10.— For section

10 of the Goa Tourist Places (Protection and

Maintenance) Act, 2001 (Goa Act 56 of 2001),

the following section shall be substituted,

namely:—

“10. Offences and penalties.— Whoever

contravenes any of the provisions of this

Act or fails to comply with any order or

direction given under this Act or obstructs

any person acting under the order or

direction of the Competent Authority from

exercising his powers and performing his

functions under this Act, shall be

punishable with fine not less than

Rs. 5000/- but which may extend to

Rs. 50000/-’’.

Statement of Objects and Reasons

This Bill seeks to substitute section 10 of

the Goa Tourist Places (Protection and

Maintenance Act, 2001)(Goa Act 56 of 2001)

so as to decriminalize the provisions of

imprisonment as contained in said section 10

of the said Act.

This Bill seeks to achieve the above

object.

OFFICIAL GAZETTE — GOVT. OF GOA

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Financial Memorandum

No financial implications are involved in

the Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Assembly Hall

ROHAN KHAUNTE

Prorvorim-Goa

Minister for Tourism.

...July, 2022

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim-Goa

Secretary to the Legislative

...July, 2022

Assembly of Goa.

—–––––

LA/LEGN/2022/1387

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Registration of Tourist Trade

(Amendment) Bill, 2022

(Bill No. 35 of 2022)

BILL

further to amend the Goa Registration of

Tourist Trade Act, 1982 (Goa Act 10 of 1982).

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 Registration of

Tourist Trade (Amendment) Act, 2022.

It shall come into force on such date as the

Government may by Notification in the Official

Gazette, appoint.

2. Amendment of section 22.— In section

22 of the Goa Registration of Tourist Trade

Act, 1982 (Goa Act 10 of 1982) (hereinafter

referred to as the “principal Act”), for sub-

section (3), the following sub-section shall be

substituted, namely:—

“(3) In case of failure on the part of a

dealer, a hotel-keeper or travel agent to

pay the fine imposed under sub-section (1)

and/or penal interest under sub-section (2),

the same shall be recovered as an arrears

of land revenue, and the business shall be

liable to be closed and the prescribed

authority shall proceed to seal the business

premises and order disconnection of water

and electric connection. The concerned

Department shall be bound to comply such

order within a period of four days from the

date of its receipt. In case the seal affixed

by the prescribed authority is tampered

with or damaged, the dealer, hotel-keeper

or travel agent, as the case may be, shall

be liable to pay additional fine of rupees

ten lakhs apart from further action under

the provisions of the Indian Penal Code 1860

(Central Act 45 of 1860).”

3. Substitution of section 26.— For section

26 of the principal Act, the following section

shall be substituted, namely,—

“26 Penalty for malpractice.— If any

dealer, hotel-keeper, travel agent or any

other person to whom this Act may be

made applicable, commits a malpractice or

contravenes any other provisions of this Act

or the Rules made thereunder in a tourist

area for which no specific penalty has been

provided, he shall be liable to pay minimum

fine of Rs. 2,000/- which may extend to Rs.

5,000/-”.

4. Substitution of section 27.— For section

27 of the principal Act, the following section

shall

substituted,

namely,—

“27

Obstructing lawful authorities.— If any person

wilfully obstructs or offers any resistance to,

or otherwise interferes in the discharge of

the functions of the prescribed authority or

any officer authorized by him exercising any

power, or performing any duties conferred or

imposed upon it or him by or in pursuance of

this Act or the Rules made thereunder, he

shall be liable to pay a minimum fine of

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Rs. 5,000/- which may extend upto

Rs. 10,000/-”.

5. Amendment of section 28.— In section

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

following sub-section shall be substituted,

namely:—

“(1) Any person committing a breach of

any of the provisions of this Act or the Rules

made thereunder for which he has been

once punished with fine by the prescribed

authority under any of the provisions of this

Chapter shall be liable to pay minimum fine

of Rs. 1,000/- which may extend to Rs.

20,000/-”.

Statement of Objects and Reasons

The Bill seeks to amend section 22 of the

Goa Registration of Tourist Trade Act, 1982

(Goa Act 10 of 1982) (hereinafter referred to

as the “said Act”) so as to regulate the

operation of hotel activity and to act more

effectively against the violators of the provision

of said Act.

Further, the Bill seeks to decriminalize

certain provisions of imprisonment in the said

Act by substituting section 26 and 27 and by

amending section 28 of the said Act.

This Bill seeks to achieve the above

objects.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

Clause 1(2) of the Bill empower the

Government to appoint the date, by

notification in Official Gazette, for bringing into

force the Act.

This delegation is of normal character.

Assembly Hall,

ROHAN KHAUNTE

Porvorim-Goa

Minister for Tourism

........ July, 2022

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim-Goa

Secretary to the Legislative

....... July, 2022.

Assembly of Goa.

LA/LEGN/2022/1388

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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.

________

Goa State Research Foundation Bill, 2022

(Bill No. 19 of 2022)

BILL

to provide for the establishment of Research

Foundation in the State of Goa and for the

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 and commencement.— (1) This

Act may be called the Goa State Research

Foundation Act, 2022.

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

the Government may, by notification in the

Official Gazette, appoint.

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

context otherwise requires,”

(a) “Chairperson” means the Chairperson

of the Foundation;

(b) “Governing Council” means the

Governing Council constituted under

section 7 of this Act;

Finance Committee constituted under

section 3 of this Act;

(d) “Government” means the Government

of Goa;

(e) “Managing Director” means the

Managing Director of the Foundation;

(f) “Foundation” means the Goa State

Research Foundation established under

section 3;

(g) “Rules” means rules made under this

Act;

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(h) “Research” means a systematic

approach for the generation, augmentation,

or improvement of knowledge in any

discipline.

3. Establishment of Foundation,—

(1) There shall be established by the

Government, by notification in the Official

Gazette, a foundation by the name Goa State

Research Foundation.

(2) The Foundation shall be a body corporate

having perpetual succession and a common

seal and shall sue and be sued by its name.

(3) The Foundation may establish a

headquarter and campuses at such places as

it may deem fit.

4. Objects of the Foundation.— The objects

of the Foundation shall be,—

(a) to inculcate, facilitate and promote a

research culture in the State with a state-

of-the-art infrastructure;

(b) mentoring of educational institutions

by eminent research scholars, by hiring,

with the approval of the Government,

talented young research students, Ph.D

students, postdocs and faculty, and by

funding, strengthening, and growing

already existing high-quality programmes

at such institutions;

creation in the State and link academia,

Government, industry and society;

(d) to fund competitive, peer-reviewed

grant proposals of all types including seed

grant, mid-career and multi disciplinary

proposals, submittedby individuals or

groups of individuals from institutions

across all disciplines (including inter-

disciplinary research); doctoral and post-

doctoral fellowships;

(e) to provide fellowships for researchers,

visiting researchers, faculty and students

during summer vacation;

(f) to seed, grow, and facilitate research

at all academic institutions including

schools, higher secondary schools and

higher educational institutions;

(g) to fund research infrastructure

(e.g., computing facilities) at individual

institutions as well as infrastructure such

as laboratories and other research

equipment that can be shared across

multiple institutions;

(h) to increase the role and participation

of State in key areas of national and global

importance, and in major national and

international collaborations, through large-

scale mission projects and mega projects;

(i) to act as a liason and co-ordinator

amongst researchers, relevant Central and

State Government bodies, industry and

society, so that researchers are constantly

connected with each other and with

potential

collaborations

(including

Government and industry);

(j) to support the development of the next

generation of researchers and long-term

development of global-quality research and

innovation through innovative initiatives in

education, including enhancing the

cognitive and research and innovation

skills of students and new researchers

through various online and offline courses,

workshops, and conferences on topics of

current research interest, and through

hackathons & competitions;

(k) recommend and support various

activities and initiatives for increasing the

participation of women and other under-

represented groups in research;

(l) create and maintain a State level

registry for the collection, interpretation,

and analysis of information and data

surrounding all research being conducted

in the State which may be used by

Governmental bodies and industry to guide

their policies and directions;

(m)

provide

incubation

centers,

computing-data analysis centers, and

research laboratories;

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(n) provide exchange facilities among the

researchers, faculties with national and

international institutions/bodies/industries;

(o) recognize outstanding research and

progress achieved by means of funding/

mentoring across subjects and categories,

through various prizes and special

seminars recognising the work of the

researchers;

(p) provide mechanisms for ranking of

research institutions and individuals;

(q) serve as a high level think tank for

the co-ordination and short and long term

planning of research in the State and for

the recommendation of key policy initiatives

to the Government regarding research,

innovation, and education;

(r) to publish periodicals, treatises,

reports, journals and other literature on all

subjects;

(s) to take suitable measures to

conceptualize, introduce, and implement

research methods at schools, high schools,

higher secondaries, and higher educational

institutions in the State;

(t) to do all such things as are incidental,

necessary or conducive to the attainment

of all or any of the objectives of the

Foundation;

(u) to collaborate with any other colleges,

universities, research institutions, non-

profit organizations, industries, professional

associations or other organizations in India

or overseas to conceptualize, design,

develop and offer specific educational

and research programmes, training

programmes and exchange programs for

research students, faculty and others;

(v) communicate and popularize new

discoveries, inventions, and research-

related progress to public at large via

different media;

(w) to undertake necessary or expedient

action to pursue and promote the objectives

of the Foundation.

Powers

and

functions

the

Foundation.—“The powers and the functions

of the Foundation shall be,”

(i) to administer and manage the

Foundation and such centers for study,

research, education and instructions as are

necessary in furtherance of the objects of

the Foundation;

(ii) to make provisions for research and

for the advancement and dissemination of

knowledge;

(iii) to inculcate and promote research

culture at all levels;

(iv) to provide funding for research

degrees, titles, diplomas, certificates and

other distinctions;

(v) to appoint researchers and fill other

positions, with the approval of Government,

confer any distinctions subject to such

conditions as the Foundation may

determine and to withdraw any grant,

titles, and other academic distinctions

subject to such conditions as the

Foundation may determine;

(vi) to supervise and control the residents

of the Foundation and to regulate the

discipline of the researchers and staff of

the Foundation and to make arrangements

for promoting their health and general

welfare;

(vii) to create research, academic,

technical, administrative, ministerial and

other positions and to make appointments

thereto, with the approval of Government;

(viii) to regulate and enforce discipline

among the employees of the Foundation

and to take such disciplinary measures as

may be deemed necessary;

(ix) to institute necessary teaching,

academic or research posts required by the

Foundation,

with

the

approval

Government;

(x) to institute and award fellowships,

grants, scholarships, prizes and medals;

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(xi) to provide for printing, reproduction

and publication of research and other

works and to organize exhibitions,

competitions, and hackathons;

(xii) to co-operate with any other

organizations in the matter of education,

training and research for such purposes

as may be agreed upon on such terms and

conditions as the Foundation may from time

to time determine;

(xiii) to co-operate with institutions of

learning in any part of the world having

objects wholly or otherwise similar to those

of the Foundation by exchange of faculties,

scholars and generally in such manner as

may be conducive to the common objects;

(xiv) to regulate the expenditure and to

manage accounts of the Foundation;

(xv) to establish and maintain within the

premises of the Foundation or elsewhere

such research centers as the Foundation

may consider necessary and adequately

furnish the same to establish and maintain

such libraries, digital databases and reading

rooms, laboratories as may appear

convenient or necessary for the Foundation;

(xvi)

receive

funds,

grants,

subventions, subscriptions, donations and

gifts for the purpose of the Foundation

consistent with the objects for which

Foundation is established;

(xvii) to purchase, take on lease, or accept

as gifts, or otherwise any land or building

or works, which may be necessary or

convenient for the purpose of the Foundation

on such terms and conditions as it may think

fit and proper and to construct or alter and

maintain any such building or works, with

prior approval of Government;

(xviii) to sell, exchange, lease or otherwise

dispose of all or any portion of the properties

of the Foundation, moveable or immovable,

with prior approval of Government, on such

terms and conditions as it may think fit and

proper without prejudice to the interests

and activities of the Foundation;

(xix) to draw and accept, to make and

endorse, to discount and negotiate

Government of India and other promissory

notes, bills of exchanges, cheques or other

negotiable instruments;

(xx) to execute conveyances, transfers,

re-conveyances, mortgages, leases; licenses

and agreements in respect of property,

moveable

immovable

including

Government securities belonging to the

Foundation or to be acquired for the purpose

of the Foundation, with prior approval of

Government;

(xxi) to appoint in order to execute an

instrument or transact any business of the

Foundation any person as it may deem fit,

with the approval of Government;

(xxii) to start or discontinue any program

offered by the Foundation;

(xxiii) to enter into any agreement with

the Central Government, other State

Government, or any other authorities,

institutions, and industries for receiving

grants;

(xxiv) to accept grant of money, securities

or property of any kind or description on

such terms and conditions as it may be deem

expedient;

(xxv) to raise and borrow money on

bonds, mortgages, promissory notes or

other obligations or securities founded or

based upon all or any of the properties and

assets of the Foundation or without any

securities and upon such terms and

conditions as it may think fit and to pay out

of the funds of the Foundation, all expenses

incidental to the raising of money, and to

repay and redeem any money borrowed or

debt made with the prior approval of

Government;

(xxvi) to invest the funds of the Foundation

or moneys entrusted to the Foundation in or

upon such securities or deposits and in such

manner as it may deem fit and from time to

time transpose any investments with the

prior approval of Government;

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(xxvii) to make such regulations for

regulating the affairs and the management

of the Foundation and its properties and to

amend and to repeal them;

(xxviii) to constitute for the benefit of the

academic, research, technical, administra-

tive and other staff, in such manner and

subject to such conditions as may be

prescribed, pension, insurance, provident

fund and gratuity and other schemes as it

may deem fit and to make such grants as it

may think fit for the benefit of the staff of the

Foundation and to aid in the establishment

and support associations, institutions, funds

and trusts for the benefit of the staff and the

students of the Foundation;

(xxix) to confer rankings and other

distinctions in such manner as may be

prescribed;

(xxx) to delegate all or any of its powers

to the Chairperson or any committee or to

any one or more members of its body or to

its officers;

(xxxi) to form a State level Ethical Review

Committee to administer approval of

research projects/proposals that include

human/animal subjects;

(xxxii) to administer and facilitate

sharing/use of any data that has received

from public or Government funding, for the

purpose of research, academic use after the

end of the proprietary data period;

(xxxiii) to do all such other acts and

things as the Foundation may consider

necessary, conducive or incidental to the

attainment or enlargement of the aforesaid

objects or any of them.

6. Authorities of the Foundation.— “The

Authorities of the Foundation shall be as

follows, namely:”

(i) The Governing Council;

(ii) the Finance Committee; and

(iii) such other authorities as prescribed.

7. Governing Council.— “(1) The Governing

Council shall be the supreme authority of the

Foundation. The Governing council shall be

constituted by the Government which shall

consist of,”

(a) the Chairperson;

(b) vice-Chairperson of the State Higher

Education Council;

(c)

Secretary,

Higher

Education,

Government of Goa;

(d) Director of Higher Education,

Government of Goa;

(e) Director of Education, Government of

Goa;

(f) three outstanding academicians in

various disciplines to be nominated by the

Government;

(g) four persons having outstanding

research work in the field of science,

technology, social science and humanities

to be nominated by the Government;

(h) three members, one each from the

research institutes in the State of Goa,

namely, National Institute of Oceanography,

National Centre for Polar and Ocean

Research, and Central Costal Agricultural

Research Institute;

(i) three eminent persons from Industry/

Profession to be nominated by the

Government; and

(j) Managing Director.

(2) Where a person has become a member

of the Governing Council by reason of the

office or appointment, he shall hold the

membership till he ceases to hold that office

or appointment.

(3) The term of office of the members of the

Governing Council other than the ex-officio

members shall be three years.

(4) A member of the Governing Council

shall cease to be a member if he resigns or

becomes of unsound mind, or becomes

insolvent or is convicted of a criminal offence

involving moral turpitude.

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(5) A member of the Governing Council,

other than an ex-officio member, may resign

his office by a letter addressed to the

Chairperson and such resignation shall take

effect as soon as it is accepted by the

Chairperson.

(6) Any casual vacancy in the Governing

Council shall be filled by nomination by the

Government.

(7) The Chairperson shall chair the meeting

of the Governing council and in his absence

the vice-chairperson of the State Higher

Education Council shall chair the meeting.

8. Chairperson of the Foundation.— “(1)

The Chairperson shall be appointed by the

Government.

(2) The Chairperson shall be a full-time

position.

(3) The person to be appointed as a

Chairperson shall be a serving/retired Vice

Chancellor of any Central/State University, or

Director of any National Level academic/

research Institution established under the Act

of Parliament, or an outstanding academic

scholar with minimum experience of ten

years as a Professor and shall have a

minimum of 15 research publications in any

of the journals listed in Group II of UGC CARE

(University Grants Commission Consortium

for Academic and Research Ethics).

(4) The salary and other emoluments of the

Chairperson shall be equivalent to that of the

Director at Indian Institute of Management

(IIM)/Indian Institute of Technology.

(5) The Chairperson shall hold office for a

term of three years from the date on which

he enters upon his office, and he shall be

eligible for re-appointment for further term

till he attains the age of seventy years.

(6) If the office of the Chairperson becomes

vacant due to death, resignation or otherwise

or if he is unable to perform his duties due to

ill health or any other cause, the vice-

chairperson of the State Higher Education

Council may perform the functions of the

Chairperson and in absence of both of them,

the Government may authorize any other

member of the Governing Council to perform

the functions of the Chairperson until the new

Chairperson is appointed and he assumes his

office or until the existing Chairperson attends

to the duties of his office, as the case may be.

9. Functions of Chairperson.— “The Chair-

person shall,”

(i) be the competent authority to appoint

researchers, staff, librarians, finance officer

and other officers on the recommendation

of the Governing Council, in accordance

with the guidelines as may be framed by

the Governing council.

(ii) be the competent authority to take

disciplinary action against the officers of

the Foundation as prescribed;

(iii) have all powers relating to the

maintenance of proper discipline in the

Foundation;

(iv) if, in his opinion, any emergency has

arisen which requires that immediate

action be taken, take such action as he

may deem fit and report the same for

confirmation in the next meeting of the

authority which, in the ordinary course,

would have dealt with the matter.

10. Meetings of Governing Council.— “(1)

The Governing Council shall meet at least

once in three months and not less than fifteen

days notice shall be given of such meetings

to the members. In case of any exigencies a

meeting can be called without giving fifteen

days prior notice.

(2) The meeting of the Governing Council

shall be called by the Managing Director

under instructions of the Chairperson.

(3) One-half of the members of the

Governing Council shall form the quorum at

any meeting.

(4) In case of difference of opinion among

the members the opinion of the majority shall

prevail.

(5) Each member of the Governing Council

shall have one vote and in the case of equality

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of votes, the Chairperson of the Governing

Council or the member presiding over that

meeting shall, as the case may be, have a

casting vote.

(6) If urgent action by the Governing

Council becomes necessary, the Chairperson

may permit the business to be transacted by

circulation of papers to the members of the

Governing Council. The action so proposed

to be taken shall not be taken unless agreed

to by a majority of members of the Governing

Council. The action so taken shall be

forthwith intimated to all the members of the

Governing Council. In case Governing Council

concerned fails to take decision, the matter

shall be referred to the Chairperson whose

decision shall be final.

11. Powers and functions of the Governing

Council.— “The Governing Council shall be

the chief executive authority of the Foundation

and shall have all powers necessary to

administer the Foundation subject to the

provisions of this Act and the rules made

thereunder. The Governing Council shall be

the plenary authority of the Foundation and

shall formulate and review from time to time

the broad policies and programmes of the

Foundation and devise measures for the

improvement and development of the

Foundation and shall also have the following

powers and functions, namely:—

(i) to provide academic and administra-

tive structure of the Foundation with the

approval of Government;

(ii) to consider and pass the annual

report, financial statement and the budget

estimates;

(iii) to make rules concerning the

administration of the affairs of the

Foundation including prescribing the

procedures to be followed by the authorities

and the officers of the Foundation in the

discharge of their functions;

(iv) to manage and regulate the finances,

accounts, investments, properties, business

and all other administrative affairs of the

Foundation and for that purpose, to

constitute committees and delegate the

powers to such committees or such officers

of the Foundation as it may deem fit;

(v) to invest any money belonging to the

Foundation, including any unapplied

income, in such stock, funds, shares or

securities, as it may, from time to time,

think fit, or in the purchase of immovable

property in India, with the like power of

varying such investments from time to time

with the approval of Government;

(vi) to transfer or accept transfer of any

moveable or immobile property on behalf

of the Foundation with the approval of

Government;

(vii) to enter into, vary, carryout and

cancel contracts on behalf of the Foundation

and for that purpose to appoint such

officers as it may think fit;

(viii) to provide the buildings, premises,

furniture and apparatus and other means

needed for carrying on the work of the

Foundation;

(ix) to entertain, adjudicate upon, and if

it thinks fit, to redress any grievances of

the officers, teachers, students and

employees of the Foundation;

(x) to create academic, research,

administrative, ministerial and other

necessary posts, determine the number

and emoluments of such posts, specify the

minimum qualifications for appointment to

such posts on such terms and conditions

of service as prescribed.

(xi)

appoint

examiners

and

moderators, and to remove them if

necessary, and to fix their fees, emoluments

and travelling and other allowances;

(xii) to select a common seal for the

Foundation; and

(xiii) to exercise such other powers and

to perform such other duties as may be

considered necessary, or imposed on it by

or under this Act.

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12. Managing Director.— (1) There shall be

a Managing Director of the Foundation.

(2) The Managing Director shall be

appointed by the Government, on the

recommendation of the Chairperson, subject

to fulfilling selection criteria specified in sub-

section (3) and on such terms and conditions

as prescribed;

(3) The person to be appointed as a

Managing Director shall be an academic

person/eminent researcher in any field not

below the rank of Professor with administra-

tive experience; or an academic person/

eminent researcher not below the rank of

Associate Professor with minimum of 10 years

of Teaching/Research experience, a minimum

of 10 research publications in the Journals

listed in Group II of UGC CARE (University

Grants Commission Consortium for Academic

and Research Ethics), and shall have

administrative experience;

(4) The term of office of the Managing

Director shall be three years or till he attains

the age of sixty five years, whichever is earlier,

and he shall be eligible for another term on

recommendation of the Chairperson.

(5) The salary and other emoluments of the

Managing Director shall be at the level of

Professor Grade in accordance with

guidelines of University Grants Commission,

at the Level 14 of Pay Matrix issued by

University Grants Commission under 7th Pay

Commission.

13. Functions of the Managing Director.—

“The Managing Director shall,”

(i) be the ex-officio Secretary of

Governing Council, all the committees and

other bodies of the Foundation and shall

also be the Convenor of all the meetings.

He shall note and maintain the minutes of

the meetings;

(ii) be the principal adjutant of the

Chairperson in all matters pertaining to the

administration of the Foundation. The

Governing Council may entrust to him any

other special responsibilities and powers;

(iii) have the power to appoint, with the

approval of Government, the non-teaching

staff and contingent staff in pursuance of

the recommendations of the selection

committee, appointed for that purpose, in

such manner as prescribed. He shall be

the competent authority to take disciplinary

action against employees in accordance

with such procedure as prescribed;

(iv) comply with all direction and orders

of the Governing Council and Chairperson;

(v) be the custodian of records, common

seal and such other property of the

Foundation as the Governing Council shall

commit to charge.

14. Finance Committee.— “There shall be

a Finance Committee constituted by the

Governing Council consisting of,”

(a) The Chairperson;

(b) The Managing Director;

Finance, Government of Goa;

(d) Representative of Directorate of

Higher Education, Government of Goa;

(e) One member nominated by the

Governing Council from amongst its

members who shall hold office so long as

he continue as member of the Governing

Council; and

(f) One member nominated by the

Governing Council from outside of the

Foundation, with knowledge in Finance.

15. Functions and duties of the Finance

Committee.— ”The functions and duties of

the Finance Committee shall be,—

(1) to examine and scrutinize the annual

budget of the Foundation and to make

recommendations on financial matters to the

Governing Council;

(2) to consider all proposals for new

expenditure and to make recommendations

to the Governing Council;

(3) to consider the periodical statements of

accounts and to review the finances of the

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Foundation from time to time and consider

re-appropriation statements and audit reports

and make recommendations to the Governing

Council;

(4) to give its views and make recommenda-

tions to the Governing Council on any

financial question affecting the Foundation

either on its own initiative or on reference

from the Governing Council or the

Chairperson.

(5) The Finance Committee shall meet at

least, thrice in a year. Three members of the

Finance Committee shall form the quorum.

(6) The Chairperson shall preside over the

meetings of the Finance Committee, and in

his absence, a member nominated by the

Chairperson among the members of the

Finance committee shall preside. In case of

difference of opinion among the members, the

opinion of the majority of the members present

shall prevail.

16. Other Authorities, Officers and

Employees.— (1) The Foundation may appoint

any other authorities, officers or employees

as prescribed.

(2) Every officer or employee of the

Foundation shall be appointed after executing

a contract between the Foundation and the

officer/employee, and a copy thereof shall be

furnished to the officer or the employee

concerned.

(3) Any dispute arising out of a contract

between the Foundation and any of its officers

or employees shall, at the request of the

officer or the employee concerned or at the

instance of the Foundation, be referred to a

Tribunal for arbitration consisting of three

members appointed by the Governing

Council in such manner as prescribed.

17. Sponsored Schemes.— Whenever the

Foundation receives funds from any

Government, or other agencies sponsoring a

scheme to be executed by the Foundation,

notwithstanding anything in this Act or the

rules, the amount received shall be kept by

the Foundation separately from the Foundation

fund and utilized only for the purpose of the

scheme; and the staff required to execute the

scheme shall be recruited in accordance with

the terms and conditions stipulated by the

sponsoring organization.

18. Selection Committees.— The Governing

Council shall constitute various selection

committees for appointment of officers and

employees. The procedure for appointment

of members of selection committees and the

procedure to be adopted by the committees

shall be such prescribed by the Government.

19. Power to make rules.— The Government

may, by notification, make rules for carrying

out all or any of the provisions of this Act.

20. Vacancy, etc. not to invalidate any act

or proceeding.— No act or proceeding of the

Governing Council, or any other authority or

officer or body of the Foundation shall be

invalidated or questioned on the ground

merely due to existence of any vacancy or

defect in the constitution thereof.

21. Indemnity against General Procee-

dings.— No suit, prosecution or other legal

proceedings shall lie against the Foundation

or any authority or officer or employee of the

Foundation for anything which is in good faith

done or intended to be done in pursuance of

the provisions of this Act, or the rules made

thereunder.

22. Power to remove difficulties.— If any

difficulty arises as to the first constitution or

reconstitution of any committee, or Governing

Council of the Foundation after the

commencement of this Act or otherwise in

giving effect to the provisions of this Act, the

Government may, by order, make such

provisions not inconsistent with the

provisions of this Act, as may appear to it to

be necessary or expedient for removing the

difficulty:

Provided that no such order shall be made

after the expiry of two years from the date of

the commencement of this Act.

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Statement of Objects and Reasons

The Honourable Prime Minister of India in

his address at the 106th Indian Science

Congress on 3rd January 2019, emphasized

the need for establishing an expanded

research ecosystem. There is a need to build

a strong research ecosystem at all

educational institutions in the State of Goa. It

is considered necessary to encourage

excellence in innovative research in the State

of Goa and to provide the state-of-the-art

research facilities to researchers, faculty and

the students of Goa.

The National Education Policy (NEP 2020)

aims to bring significant changes in education

in India, and therefore emphasizes on

research and innovation at all educational

levels. To bring the State of Goa at the

forefront of research and innovation, the sub-

committee entrusted to prepare a roadmap

for the implementation of NEP 2020 in the

State of Goa has recommended to establish

Goa State Research Foundation.

The Foundation shall function to inculcate,

facilitate and promote a research culture in the

State of Goa, and establish a state-of-the-art

research infrastructure. This will help produce

world-class researchers to achieve sustainable

economic growth, enhance national security,

promote well-being and societal progress, and

elevate Goa’s position as a global leader in

frontier areas of science, technology,

humanities, social sciences, etc.

This Bill seeks to achieve the above objects.

Financial Memorandum

During initial years an expenditure of about

Rs. 25 Crores is expected, which would be

increased subsequently after the establish-

ment of the Foundation. However, the exact

funding to the Foundation shall be decided in

consultation with Department of Finance from

time to time.

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 into force

the Act.

Clause 19 of the Bill empowers the

Government to frame rules for carrying out

priorities of the Act.

Panaji-Goa

Dr. PRAMOD SAWANT

20th July, 2022.

Minister for Education.

Assembly Hall,

NAMRATA ULMAN,

Porvorim – Goa

Secretary (Legislative

20th July, 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 State

Research Foundation Bill, 2022, by the

Legislative Assembly of Goa.

RAJ BHAVAN

P. S. SREEDHARAN PILLAI

Date : 20-07-2022.

Governor of Goa.

—–––––

LA/LEGN/2022/1389

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Excise Duty (Amendment)

Bill, 2022

(Bill No. 17 of 2022)

BILL

further to amend the Goa Excise Duty Act,

1964 (Act No. 5 of 1964).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

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608

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

Act may be called the Goa Excise Duty

(Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 30.— In section

30 of Goa Excise Duty Act, 1964 (Act No. 5 of

1964) (hereinafter referred to as the “principal

Act”),—

(i) clause (f) shall be omitted;

(ii) second proviso shall be omitted.

3. Amendment of section 31.— In section

31 of the principal Act, clause (e) shall be

omitted.

4. Amendment of section 34.— In section

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

the words “two years”, the words “six

months” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to omit clause (f) alongwith

second proviso of section 30 of the Goa Excise

Duty Act, 1964 (Act No. 5 of 1964), so as to

do away with the punishment specified for

illegal toddy tapping being severe. Nowadays

there is no much toddy tapping activity. If

there is any violation or illegal toddy tapping,

there is a penal provision in section 35 of the

said Act.

The Bill also seeks to omit clause (e) of

section 31 of the said Act as it is not

enforceable and there is every likelihood

about misuse of said provision.

Further, the Bill also seeks to amend

section 34 of the said Act so as to reduce the

punishment from two years to six months as

penal provision of imprisonment of two years

for giving false information is too severe in

nature.

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.

Assembly Hall,

Shri. PRAMOD SAWANT

Porvorim, Goa.

Hon. Chief Minister/

21-07-2022

Finance Minister

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

21-07-2022

Assembly of Goa.

________

ANNEXURE

……………………………………………………………………………………………………………………………

Extracts from the Goa Excise Duty Act, 1964

(No. 5 of 1964)

……………………………………………………………………………………………………………………………

30. [Penalty for contravention of provision.—

Whoever, in contravention of this Act, or of any

rules or orders made thereunder, or of the conditions

in any licence or permit obtained under this Act,—

(a) imports, exports, transports or possesses

any excisable article; or

(b) manufactures or produces any excisable

article or bottles liquor; or

or pot still; or

(d) uses, keeps, or has in his possession any

materials, still, utensils, implements or apparatus

whatsoever for the purpose of manufacturing any

excisable article; or

(e) sells any excisable article or foreign liquor;

(f) draws toddy from any tree,

shall, on conviction before a Magistrate, be

punished for each such offence with—

(i) [rigorous] imprisonment which may extend

to [seven] years, with or without fine, if the

offence relates to intoxicating drug or opium as

defined in clauses (kkk) and (oo) respectively of

section 2:

[Provided that the minimum punishment shall

not be less than six months.]

(ii) a fine which may extend to [ten thousand

rupees] or imprisonment for a term which may

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extend to [two years] or; with both, if the offence

relates to any other matter:

Provided that in respect of any offence under

clause (f), the amount of fine may be such lower

figure as may be prescribed.]

31. Penalty for certain Acts or omissions by holders

of licence.— Whoever, being the holder of a licence

or permit granted under this Act or being in the

employ of such holder and acting on his behalf,—

(a) fails to produce such licence or permit on

demand by any Excise Officer or any other officer

empowered to make such demand; or

(b) wilfully does or omits to do anything in

breach of any of the conditions of his licence or

permit not otherwise provided for in this Act; or

section 22 of this Act; or

(d) permits drunkenness, disorderly conduct,

riot or gambling in any place in which any liquor

is sold or manufactured; or

(e) permits persons of notoriously bad

character to meet or remain in any such place,

shall, on conviction before a Magistrate, be

punished for each such offence with fine which

may extend to [ten thousand rupees or with

imprisonment which may extend to six months]

or with both.

34. Vexatious search seizure, etc., by officers.— (1)

[Any Excise Officer or a Police Officer] or other

person exercising powers under this Act, or under

the rules made thereunder, who,—

(a) without reasonable ground of suspicion

searches or causes to be searched any place;

(b) vexatiously and unnecessarily detains,

searches or arrests any person;

movable property of any person, on pretence of

seizing or searching for any article liable to

confiscation under this Act;

(d) commits, as such officer, any other act to

the injury of any person, without having reason

to believe that, such act is required for the

execution of his duty;

shall, on conviction before a Magistrate, be

punished with fine which may extend to two

thousand rupees

(2) Any person wilfully and maliciously giving

false information and so causing an arrest or a search

to be made under this Act shall be punishable with

fine which may extend to two thousand rupees or

with imprisonment for a term which may extend to

two years or with both.

—–––––

LA/LEGN/2022/1390

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Labour Welfare Fund

(Amendment) Bill, 2022

(Bill No. 25 of 2022)

BILL

further to amend the Goa Labour Welfare

Fund Act, 1986 (Act No. 4 of 1987).

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 Labour Welfare

Fund (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Insertion of new section 29A.— After

section 29 of the Goa Labour Welfare Fund

Act, 1986 (Goa Act 4 of 1987), the following

section shall be inserted, namely:—

“29A Compounding of Offences.— (l) Any

offence punishable under this Act, not

being an offence punishable with

imprisonment only, or with imprisonment

and also with fine, may, on an application

of the accused person, either before or after

the institution of any prosecution, be

compounded by such Officer, as the

Government may, by notification in the

Official Gazette, specify, for a sum

equivalent to seventy-five percent of the

maximum fine provided for such offence,

in such manner as prescribed.

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(2) Nothing contained in sub-section (l)

shall apply to an offence committed by a

person for the second time or thereafter

within a period of five years from the date,—

(a) of commission of a similar offence

which was earlier compounded;

(b) of commission of a similar offence for

which such person was earlier convicted.

(3) Every officer referred to in sub-

section (1) shall exercise the powers to

compound an offence, subject to the

direction, control and supervision of the

Government.

(4)

Every

application

for

the

compounding of an offence shall be made

in such form and in such manner as may

be prescribed.

(5) Where any offence is compounded

before the institution of any prosecution,

no prosecution shall be instituted in

relation to such offence, against the

offender in relation to whom the offence is

so compounded.

(6) Where the composition of any offence

is made after the institution of any

prosecution, such composition shall be

brought by the officer referred to in sub-

section (1) in writing to the notice of the

court in which the prosecution is pending

and on such notice of the composition of

the offence being given, the person against

whom the offence is so compounded shall

be discharged.

(7) Any person who fails to comply with

an order made by the officer referred to in

sub-section (1), shall be liable to pay a sum

equivalent to twenty percent of the

maximum fine provided for the offence, in

addition to such fine.

(8) No offence punishable under the

provisions of this Act shall be compounded

except under and in accordance with the

provisions of this section”.

Statement of Objects and Reasons

The Bill seeks to insert a new section 29A

in the Goa Labour Welfare Fund Act, 1986 (Act

No. 4 of 1987) so as to enable compounding of

offences punishable under the said Act on

payment of certain sum as specified therein.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

Clause 2 of the Bill empowers the

Government to frame rules for prescribing the

form of application and the manner in which

the same to be made.

This delegation is of normal character.

Porvorim, Goa.

ATANASIO MONSERRATE

21st July, 2022

Minister for Labour and

Assembly Hall.

Employment

Porvorim, Goa.

NAMRATA ULMAN

21st July, 2022.

Secretary to the Legislative

Assembly of Goa.

________

ANNEXURE–A

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

Extract of The Goa Labour Welfare Fund, 1986

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

Section – 1

26. Penalty for non-compliance with direction.—

Any person who wilfully fails to produce any

document required by the Board or to furnish any

information called for by the Board or willfully fails

to comply with any directions issued by the Board

under section 25, shall, on conviction be punished.-

(a) for the first offence, with imprisonment for a

term which may extend to three months, or with

fine which may extend to five hundred rupees, or

with both; and

(b) for a second or subsequent offence, with

imprisonment for a term which may extend to six

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611

months, or with fine which may extend to one

thousand rupees, or with both:

Provided that in the absence of special and

adequate reasons to the contrary to be mentioned

in the judgement of the court, in any case where the

offender is sentenced to fine only; the amount of fine

shall not be less than hundred rupees.

27. Penalty for obstructing inspection or for failure

to produce documents, etc.— Any person who

willfully obstructs an Inspector in the exercise of

his powers or discharge of his duties under this Act

or fails to produce for inspection on demand by an

Inspector any registers, record or other documents

maintained in pursuance of the provisions of this

Act or the rules made there under or to supply to

him on demand true copies of any such document,

shall, on conviction, be punished-

(a) for the first offence, with imprisonment for a

term which may extend to three months, or with fine

which may extend to five hundred rupees, or with

both; and

(b) for a second or subsequent offence, with

imprisonment for a term which may extend to six

months or with fine which may extend to one

thousand rupees, or with both:

Provided that in the absence of special and

adequate reasons to the contrary to be mentioned

in the judgement of the court, in any case where

the offender is sentenced to fine only, the amount

of fine shall not be less than hundred rupees.

28. Offences by companies.— (1) If the person

committing an offence under this Act is a company,

every person, who, at the time the offence was

committed, was in-charge of, and was responsible

to the company for the conduct of the business of

the company as well as the company, shall be liable

to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-

section shall render any such person liable to any

punishment provided in this Act, if he proves that

the offence was committed without his knowledge,

or that he exercised all due diligence to prevent

the commission of the offence.

(2) Notwithstanding anything contained in

sub-section. (1) where an offence under this Act

has been committed by a Company, and it is proved,

that the offence has been committed with the

consent or connivance of, or is attributable to any

neglect on the part of any director, manager,

secretary or other officer of the Company, such

director, manager, secretary or officer shall also be

deemed to be guilty of that offence and shall be

liable to be proceeded against and punished

accordingly.

Explanation.— For the purposes of this section–

(a) ‘Company’ means a body corporate and

includes a firm or other association of individuals;

and

(b) ‘Director’ in relation to a firm means a

partner in the firm.

29. General provision for punishment for

offences.— Any employer who contravenes any

provision of this Act or of any rule or order made

thereunder shall, if no other penalty is provided

separately under this Act, be punishable with

imprisonment which may extend to six months or

with a fine which may extend to one thousand

rupees or with both.

—–––––

LA/LEGN/2022/1391

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Industrial Development

(Amendment) Bill, 2022

(Bill No. 28 of 2022)

BILL

further to amend the Goa Industrial

Development Act, 1965 (Act No. 22 of 1965).

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 Industrial

Development (Amendment) Act, 2022.

(2) It shall come into force at once.

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612

2. Amendment of section 47.— In section

47 of the Goa Industrial Development Act,

1965 (Act No. 22 of 1965) (hereinafter referred

to as the “principal Act”), sub-section (2)

thereof shall be omitted.

3. Amendment of section 49.— In section

49 of the principal Act,-

(i) in sub-section (1), 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 may extend to fifty thousand

rupees” shall be substituted;

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

“with imprisonment for a term which may

extend to three months or with fine which

may extend to Rs. 1000/- or with both”,

the expression “with fine which may

extend to fifty thousand rupees” shall be

substituted

Statement of Objects and Reasons

The Bill seeks to amend sections 47 and 49

of the Goa Industrial Development Act, 1965

(Act No. 22 of 1965), so as to decriminalize

the provisions of imprisonment in the said

Act.

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.

Secretariat,

Shri. MAUVIN GODINHO

Porvorim-Goa.

Minister for Industries

Dated: 20-07-2022.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

Dated: 20-07-2022

Assembly of Goa.

LA/LEGN/2022/1392

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Preservation of Trees

(Amendment) Bill, 2022

(Bill No. 30 of 2022)

BILL

further to amend the Goa, Daman and Diu

Preservation of Trees Act, 1984 (Act No. 6 of

1984).

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

Bill may be called the Goa Preservation of

Trees (Amendment) Bill, 2022.

(2) It shall come into force at once.

2. Amendment of long title.— In the Goa,

Daman and Diu Preservation of Trees Act,

1984 (Act 6 of 1984) (hereinafter referred to

as the “principal Act”), in the long title, for

the expression “Union territory of Goa, Daman

and Diu”, the words “State of Goa” shall be

substituted.

3. Amendment of section 1.— In section 1

of the principal Act,-

(i) in sub-section (1), the expression,

“Daman and Diu” shall be omitted;

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

“Union territory of Goa, Daman and Diu”,

the words “State of Goa” shall be

substituted.

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4. Amendment of section 2.— In section 2

of the principal Act, in clauses (c) and (e),

the expression, “Daman and Diu” shall be

omitted;

5. Amendment of section 3.— In section 3

of the principal Act,—

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

section shall be substituted, namely:—

“(1) The Government shall, by

notification, constitute a Tree Authority

for the State of Goa.”;

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

section shall be substituted, namely:—

“(2) The Tree Authority shall consist of

the following members, namely:—

(i) Chief Secretary

— Chairperson;

(ii) Secretary

— Member.

(Forests)

(iii) Principal Chief

— Member.

Conservator of

Forests

(iv) Chief Wildlife

— Member.

Warden

(v) four Members

— Members.

of the Legislative

Assembly of Goa

nominated by the

Government

(vi) two representa-

— Members.

tives of the local

bodies nominated

by the Government

(vii) Secretary (Urban — Member.

Development)

(viii) Secretary

— Member.

(Revenue)

(ix) Secretary

— Member.

(Panchayats)

(x) Member Secretary, — Member.

Goa State Biodiver-

-sity Board

(xi) Conservator of

— Member

Forests (Conserva- Secretary.”.

tion)

6. Substitution of section 7.— For section 7

of the principal Act, the following section shall

be substituted, namely:—

“7. Duties of Tree Authority.— Not

withstanding anything contained in any

other law for the time being in force the

Tree Authority shall, subject to any general

or special order of the Government,-

(a) “suggest measures for preservation

of green cover including tree cover

within its jurisdiction;

(b) monitor the extent of green cover

including

tree

cover

within

its

jurisdiction as per biannual report on

state of forest and tree cover published

by Forest Survey of India, Ministry of

Environment, Forest and Climate

Change, Government of India;

of tree which each locality, type of land

and premises shall have;

(d) create an enabling environment for

development and maintenance of

nurseries, supply of seeds, saplings and

trees to persons who are required to

plant new trees or to replace trees which

have been felled;

(e) monitor progress of plantations

carried out in lieu of trees permitted to

be felled or disposed off by Tree Officer;

(f) facilitate organization of demon-

stration and extension services for the

purposes of this Act and assisting private

and public institutions connected with

planting and preservation of trees;

(g) undertake such schemes or

measures as may be directed from time

to time by the Government for achieving

the objects of this Act;

(h) undertake critical study of the

proposals involving felling of trees spread

over an area admeasuring more than one

OFFICIAL GAZETTE — GOVT. OF GOA

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hectare under its jurisdiction for

construction of buildings, roads,

factories, irrigation works, laying out of

electric, telephone, telegraphic and other

transmission lines with regard to

protection of existing trees and

planting of more trees, wherever

possible; and

(i) advise on promotion, demarcation,

acquisition and development of land as

wood lots, gardens, parks and picnic

spots in cities, towns and villages for the

use and recreation of public.”

7. Amendment of section 15.— In section

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

the words “thirty days”, the words sixty days

from the date of such order or direction” shall

be substituted.

8. Amendment of section 22.— In section

22 of the principal Act, in clause (a), in sub-

clause (i), for the words “rupees twenty five

thousand”, the words “rupees fifty thousand”

shall be substituted.

9. Amendment of section 30.— In section

30 of the principal Act, the words “the

Government” shall be omitted.

Statement of Objects and Reasons

The Goa, Daman and Diu Preservation of

Trees Act, 1984 (Act No. 6 of 1984) (hereinafter

referred to as the “said Act”) was enacted by

when Goa was a part of the Union Territory of

Goa, Daman and Diu. After enactment of the

Goa, Daman and Diu Reorganization Act, 1987

(Central Act 18 of 1987), a new State of Goa

and new Union Territory of Daman and Diu

were formed. After Goa attained statehood,

the said Act remained in force and it is now

proposed to omit the expressions, “Daman and

Diu” and “Union territory” wherever

occurring in the said Act.

The Bill also seeks to amend section 3 of the

said Act so as to constitute a single Tree

Authority and to specify the members of the

Tree Authority.

The Bill also seeks to substitute section 7 of

the said Act so as to specify the duties of a

Tree Authority.

The Bill also seeks to amend sub-section (1)

of section 15 of the said Act so as to increase

period of thirty days provided to file appeal to

sixty days in view of directions of the Hon’ble

High Court passed in order dated 08-07-2021

in Public Interest Litigation Writ Petition

No. 08/2021 (Living Heritage Foundation Vs

State of Goa and Others).

The Bill also seeks to amend section 22 of

the said Act so as to increase quantum of the

compounding fee with a view to make it more

deterrent and also considering the increase in

the market value of timber/produce over the

years.

The Bill also seeks to amend section 30 of

the said Act so as to make the said Act

applicable to the Government as well.

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

Shri VISHWAJIT P. RANE

21-07-2022.

Minister for Forests.

Assembly Hall

NAMRATA ULMAN

Porvorim, Goa

Secretary to the

21-07-2022.

Legislative Assembly.

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615

ANNEXURE

Detailed Justification for the Amendments Proposed

Section

Existing Provision

Proposed Amendment

Justification

Goa,

Daman

and

Diu

Preservation of Trees Act,

1984

Short

title,

extent

and

commencement.—

This Act may be called the Goa,

Daman and Diu Preservation of

Trees Act, 1984.

For the words “Union Territory”

wherever they occur

Definitions.— In this Act, unless

the context otherwise require

Government

The expressions “ Daman and

Diu”

Establishment of the Tree

Authority.—

The Government shall, by

notification, constitute a Tree

Authority for each revenue

district in the union territory of

Goa, Daman & Diu.

The Tree Authority shall

consist of the following

members, namely:—

(i) (Development

Commi-

ssioner or any other officer

not below the rank of

Secretary

the

Government nominated

by the Government —

Chairman;

(ii) Collector of the concerned

Revenue District— Member;

(iii) Two Members of the

Legislative

Assembly

Goa Preservation of Trees

Act, 1984

Short title, extent and

commencement.—

This Act may be called the

Goa Preservation of Trees

Act, 1984.,

the words “State of Goa”

shall be substituted

Definitions.— In this Act,

unless the context otherwise

require

Government of Goa

Shall be omitted

Establishment of the Tree

Authority.—

The Government shall, by

notification, constitute a Tree

Authority for the State of Goa.

The Tree Authority shall

consist of the following

members, namely:—

(i) Chief

Secretary—

Chairperson;

(ii) Secretary (Forests)—

member.

(iii) Principal Chief Conser-

vator

Forests—

member.

(iv) Chief Wildlife Warden—

member.

(v) four Members of the

Legislative Assembly of

Amendment proposed as the

earlier Act was enacted in 1984

when Goa was part of Indian

Union as Union Territory and

now it is a State and Daman &

Diu are Union Territories

The members of two authorities

are same except public

representatives. The agenda of

both tree authorities are more

or less same and usually joint

meetings

are

convened.

Therefore, Goa being a small

State, it is proposed that instead

of two there may be a single

apex authority at State level.

1. Since the notification of the

Act in 1984, when the

Forest Department in

Goa was headed by

Conservator of Forests, the

organizational set up and

its

functions

have

increased manifold. The

Department was headed by

Chief Conservator of Forests

in 2002, by Additional

Principal Chief Conservator

of Forests in 2009 and by

Principal Chief Conservator

of Forests since 2012.

(i)

(a),

(aa)

& (e)

(e)

(1)

(2)

OFFICIAL GAZETTE — GOVT. OF GOA

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616

(a)

(b)

nominated

the

Government— Member.

(iv) Two Representatives of the

local bodies nominated

the

Government—

Members;

(v) Conservator of Forests

or his nominee — Member-

Secretary.

Duties of Tree Authority

Notwithstanding

anything

contained in any other law for the

time being in force, the Tree

Authority shall, subject to any

general or special order of the

Government, be responsible for:

the preservation of all trees

within its jurisdiction;

carrying out census of the

existing trees and obtaining,

Goa nominated by the

Government — members.

(vi) two representatives of

the

local

bodies

nominated

the

Government—members.

(vii) Secretary

(Urban

Development)

—

member.

(viii) Secretary (Revenue) —

member.

(ix) Secretary (Panchayats) —

member.

(x) Member

Secretary,

Goa State Biodiversity

Board— Member.

(xi) Conservator of Forests

( C o n s e r v a t i o n ) —

member secretary.

Duties of Tree Authority

Notwithstanding anything

contained in any other law for

the time being in force the Tree

Authority shall, subject to any

general or special order of the

Government:

,suggest

measures

for

preservation of green cover

including tree cover within its

jurisdiction;

monitor the extent of green

cover including tree cover

2. In view of the proposed

changes to sub-section (1)

of section 3 of the Act,

proposed

include Principal Chief

Conservator of Forests,

Chief Wildlife Warden &

Secretaries

three

concerned Departments

and other experts to

ensure

larger

stake-

-holder participation. The

proposed amendment does

not exclude any of the

earlier members.

3. Presently, Deputy Conser-

vator of Forests (DCF) of

two territorial forest

divisions i.e. North & South

Goa are the Member

Secretaries

their

respective District-wise

Tree Authorities. Since

both

the

DCF’s/Tree

Officers

are

under

administrative control of

Conservator of Forest

(Conservation),

proposed that for the State

level Tree Authority, he may

be designated as Member

Secretary of the Tree

Authority.

Ever since 1984, either due to

technical advancements or

due to increased functions of

Forest Department, some of the

duties of Tree Authority are

proposed for substitution and

renumbered.

The provision under this

sub clause is proposed for

modification in light of reports

of Forest Survey of India which

includes both tree cover and

extent of green cover outside

forest area and provides a

comparative picture on both in

its biannual report.

The primary objective of this

duty of Tree Authority is to

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617

whenever considered necessary,

declarations from all owners or

occupants about the number of

trees in their lands;

ascertain/assess the tree/

green cover within its

jurisdiction i.e. all areas in Goa

except Government Forest

lands. This sub-section is

proposed to be deleted for the

following reasons:—

a. This Act is of 1984 when

the technology was

neither readily available

nor widely used for

assessment of forest and

tree cover; and tree census

was one of the methods to

assess tree cover.

b. Forest Survey of India,

Ministry of Environment,

Forest & Climate Change,

Government of India (FSI)

has been publishing

biannual report on state of

forest and tree cover in

all States since 1987.

Over a period of time,

with technological and

methodological improve-

ments owing to better

satellite data, higher

scale

mapping

and

improvements in method

of interpretation, the

successive reports of FSI

present a continuous,

comprehensive and

comparative picture of

extent and quality of forest

and tree cover in all states

including Goa. The report

also provides necessary

information

for

the

purpose of management of

trees outside forest areas.

c. As per FSI, there is no

record of tree census

worldwide as complete

enumeration of all the

trees is neither possible

nor feasible due to large

non-sampling

error.

Moreover, the cost and

manpower required for

such enumeration will be

within its jurisdiction as per

biannual report on state of

forest and tree cover published

by Forest Survey of India,

Ministry of Environment,

Forest and Climate Change,

Government of India;

OFFICIAL GAZETTE — GOVT. OF GOA

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618

specify standards regarding

kind of tree which each locality,

type of land and premises shall

have;

huge.

d. As per an exercise carried

out by forest department,

tree census in entire Goa

will include approxi-

mately 3.17 Crore trees

spread over in about 2,482

Sq. Km area and is likely

to entail expenditure of

Rs. 89.09 Crore.

e. Moreover, deliverables of

census i.e. the tree/green

cover may not be of much

significance for any

specific implementation

considering that Goa is

one of the greenest

States in country. This

sub-section is proposed to

be inserted in lieu of the

extant sub-clause (b) of

clause 7 to achieve its

primary objective i.e. to

ascertain/assess the tree/

green cover within its

jurisdiction.

a. The provision under this

sub clause is proposed

for modification with

regards to number or

number per hectare trees

to be planted because

number of trees to be

planted by a private

person will depend on

his own requirement

and land availability.

Moreover, it will be very

difficult to implement this

clause on ground.

b. However,

the

Tree

Authority from time to

time may suggest and

issue advisory/guideline

about type of tree species

suitable for plantation in

a particular locality/area

and desired spacing

between two trees and

between tree lines for

proper growth of the tree.

specifying standards regarding

the number and kind of trees

which each locality, type of land

and premises shall have and

which shall be planted subject to

minimum of five trees per hectare

in the case of rural areas;

(c)

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Tree authority may guide and

suggest measures for further

scientific development of

nurseries for raising of Quality

Planting Material [QPM] which

may be supplied to individuals

to plant new trees in lieu of trees

felled.

The primary objective of this

duty of Tree Authority is to

ensure that trees are planted in

lieu of the trees that have been

permitted to be felled. This sub

section is proposed to be deleted

since a duty for compensatory

plantation has already been cast

by virtue of provisions of Section

10 of the Act as per which

“Every person, who is granted

permission under section 9 of

this Act to fell or dispose off any

tree, as specified in clauses (j) of

section 2 of this Act, shall be

bound to plant/replant such

number and kind of trees in the

area from which the tree is felled

or disposed off by him under

such permission, as may

be directed by Tree Officer.

Regarding transplantation of

trees both the tree officers have

been directed to critically

examine all the tree felling

permissions and give specific

reasons/recommendations with

respect to trees which can be

preserved at the site and trees

which could be transplanted at

the cost of user agency. This sub

section is proposed to be

inserted in lieu of the extant sub

clause (e) of clause 7 to achieve

its primary objective i.e. to

ensure that trees are planted in

lieu of the trees that have been

permitted to be felled. This

additional provision is to ensure

that section 10 of Act is followed

in letter and spirit and for each

tree felled the requisite number

of trees are planted. It is

development and maintenance

of nurseries, supply of seeds,

saplings and trees to persons

who are required to plant new

trees or to replace trees which

have been felled;

planting and transplanting of

trees necessitated by construc-

tion of buildings, new roads or

widening of existing roads or

replacement of trees which have

failed to come up along roads or

for safeguarding danger to life

and property;

create an enabling environ-

ment for development and

maintenance of nurseries,

supply of seeds, saplings and

trees to persons who are

required to plant new trees

or to replace trees which

have been felled;

monitor

progress

plantations carried out in

lieu of trees permitted to be

felled or disposed off by Tree

Officer;

(d)

(e)

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620

proposed that it may be

monitored from time to time by

the Tree Authority.

The

words

“facilitate”

proposed to be inserted.

This sub-section is proposed to

be deleted and renumbered as

this proviso is covered under

sub-section (c) of section 7 of the

Act

The word “undertaking” to be

replaced with “undertake”

The primary objective of this

duty of Tree Authority is to

critically analyze all develop-

ment proposals involving tree

felling received under the Act.

The Tree Officers receive more

than 1,000 tree cutting

proposals per year. This would

not only be humungous task for

the Tree Authority to critically

analyze each and every

proposal but also likely to cause

delay in grant of permission, if

any.

As per section 9 (3) of this Act,

tree officer can give tree felling

permission maximum in One

Hectare area at a time. In case

area is more than one hectare,

the proposal will have to be put

for approval of Government for

exemption as per Section 30 of

this Act.

In view of above, it is proposed

to modify this sub clause so that

Tree authority may undertake

critical study of development

organization of demonstration

and extension services for the

purposes of this Act and

assisting private and public

institutions connected with

planting and preservation of

trees;

planting and maintaining such

number of trees as may be

considered necessary according

to the prescribed standards on

roads, in public parks and

gardens and on the banks of

rivers or lakes or seashores;

undertaking such schemes or

measures as may be directed

from time to time by the

Government for achieving the

objects of this Act;

undertaking critical study of

the proposals of various

Government Departments and

private bodies for construction

of buildings, roads, factories,

irrigation works, laying out of

electric, telephone, telegraphic

and other transmission lines

with regard to protection of

existing trees and planting of

more trees, wherever possible;

and

sect

Spe

Pro

23 o

to a

clau

wri

exp

or m

pro

facilitate organization of

demonstration and exten-

sion services for the

purposes of this Act and

assisting private and public

institutions connected with

planting and preservation of

trees;

To be deleted

undertake such schemes or

measures as may be directed

from time to time by the

Government for achieving

the objects of this Act;

undertake critical study of

the proposals involving

felling of trees spread over

an area admeasuring more

than one hectare under its

jurisdiction for construction

of buildings, roads, factories,

irrigation works, laying out

of electric, telephone,

telegraphic and other

transmission lines with

regard to protection of

existing trees and planting

of more trees, wherever

possible; and

(f)

(g)

(h)

(i)

OFFICIAL GAZETTE — GOVT. OF GOA

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projects which involve felling

of trees spread over an area

admeasuring more than one

Hectare within its jurisdiction.

With the recommendations of

Tree Authority, development

project may be placed before

competent authority for

consideration/approval.

The words “advise on”

proposed to be inserted.

Amendment proposed as per

the directions of Hon’ble High

Court in PIL Writ Petition No.

08/2021 (Living Heritage

Foundation Vs State of Goa &

Others)

and

also

acknowledged by the Tree

Authority meeting held on

02-09-2021

——

Amendment proposed to limit

the power of acceptation of

composition by a Tree Officer

or any Forest Officer not

below the rank of Deputy

Conservator of Forests up to

Rs. 50,000/- due to hike in

market rates and value of

timber.

advise

promotion,

demarcation, acquisition and

development of land as wood

lots, gardens, parks and picnic

spots in cities, towns and

villages for the use and

recreation of public.

Appeal. —

An appeal shall lie against the

order or direction of the Tree

officer or the Deputy Collector,

as the case may be under

sections 9,10,11, 12 and 12A to

the Appellate Authority within

a “period of sixty days from the

date of issuing of order or

directions.”

Power to compound offence

The Government may, by

notification, empower a Tree

Officer or any Forest Officer not

below the rank of Deputy

Conservator of Forests-to

compound

any

offence

committed under this Act on

payment of –

a sum not exceeding “rupees

fifty thousand”] by way of

composition for the offence

which such person is suspected

to have committed, and

promotion,

demarcation,

acquisition and development of

land as wood lots, gardens,

parks and picnic spots in cities,

towns and villages for the use

and recreation of public.

Appeal. —

An appeal shall lie against the

order or direction of the Tree

officer or the Deputy Collector,

as the case may be under

sections 9,10,11, 12 and 12A to

the Appellate Authority within

a period of thirty days .

Power to compound offence

The Government may, by

notification, empower a Tree

Officer or any Forest Officer not

below the rank of Deputy

Conservator of Forests-to

compound

any

offence

committed under this Act on

payment of –

a sum not exceeding “rupees

twenty five thousand” by way

of composition for the offence

which such person is suspected

to have committed, and

(j)

(1)

22.

1 (a)

(i)

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a. As per section 30 of Act, the

Act and its provisions are

not applicable to the

Government.

b. However, as per present

dispensation, in case of

Government Department,

tree felling is regulated

through Government of Goa,

Circular No.13-3-92-FOR

dated 15-11-1991. In place of

tree felling permission, Tree

officer issues No Objection

Certificate for felling of

Trees. The obligation to

plant saplings three times

the number of trees felled is

followed. However, security

deposit and felling fee is not

taken from Government

Department.

c. In view of the above, it is

proposed that to implement

Act in letter and spirit, it

should be applicable to

Government

well.

Accordingly, the words “the

Government” is proposed

for deletion/omission from

section 30 as it is not in

consonance with the spirit

of Act i.e. “preservation of all

the trees”.

d. Notwithstanding

the

proposed

amendment,

Section 31 of the Act gives

power to Government to

exempt any area or any

species of trees from all or

any of the provisions of this

Act in public interest. This

provision can be used on

case-to-case basis for

exemption to Government

Department considering the

importance/strategic

significance of particular

government project.

Act not to apply to certain

areas.-

Nothing in this Act shall

apply to the Government, a

Government forest under the

control

the

Forest

Department, a forest or forest

land notified under the Indian

Forest Act, 1927.

Act not to apply to certain

areas.-

Nothing in this Act shall apply

to a Government forest under the

control of the Forest Department,

a forest or forest land notified

under the Indian Forest Act,

1927.

30.

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LA/LEGN/2022/1393

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Essential Services

Maintenance (Amendment) Bill, 2022

(Bill No. 31 of 2022)

BILL

to amend the Goa Essential Services

Maintenance Act, 1988 (Goa Act No. 20

of 1989).

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 Essential Services

Maintenance (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 4.— In section 4

of the Goa Essential Services Maintenance

Act, 1988 (Goa Act No. 20 of 1989) (hereinafter

referred to as the “principal Act”),—

(i) for the words “six months”, the words

“three years” shall be substituted;

(ii) for the words “fine which may extend

to two hundred rupees”, the words

“minimum fine of rupees one thousand”

shall be substituted.

3. Amendment of section 5.— In section 5

of the principal Act,—

(i) for the words “one year”, the words

“three years” shall be substituted;

(ii) for the words “fine which may extend

to one thousand rupees”, the words

“minimum fine of rupees five thousand”

shall be substituted.

4. Amendment of section 6.— In section 6

of the principal Act,—

(i) for the words “one year”, the words

“three years” shall be substituted;

(ii) for the words “fine which may extend

to one thousand rupees”, the words

“minimum fine of rupees five thousand”

shall be substituted.

5. Amendment of section 9.— In title and

in section 9 of the principal Act, for the word

“non-bailable”, wherever it occurs, the

expression “cognizable and non-bailable”

shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend sections 4, 5, and

6 of the Goa Essential Services Maintenance

Act, 1988 (Goa Act No. 20 of 1989), so as to

increase the punishment provided in said

sections to have deterrent effect and

prevention of offence. Amendment to section

9 is consequential in nature.

This Bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

Clause 1(2) of the Bill empowers the

Government to issue Notification in the

Official Gazette for appointing a date to bring

the Act into force.

These delegation are of normal character.

Porvorim-Goa,

Dr. PRAMOD SAWANT

21-07-2022.

Home Minister

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

21-07-2022.

Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

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624

ANNEXURE

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

Extract of section 4, 5, 6 and 9 of

The Goa Essential Services Maintenance Act,

1988 (Goa Act 20 of 1989)

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

Section – 4

4. Penalty of illegal strikes.— Any person who

commences a strike which is illegal under this act

or goes or remains on, or otherwise takes part in, any

such strike shall be punishable with imprisonment

for a term which may extend to six months, or with

fine which may extend to two hundred rupees, or

with both.

Section – 5

5. Penalty of instigation, etc.— Any person who

instigates or incites other persons to take part in, or

otherwise acts in furtherance of, a strike which is

illegal under this Act shall be punishable with

imprisonment for a term which may extend to one

year, or with fine which may extend to one thousand

rupees, or with both, and any vehicle or other

conveyance which is used by such person while

committing such offence, shall, if having regards to

all the circumstances the Court considers it just and

proper so to order, be forfeited to the Government.

Section – 6

6. Penalty for giving financial aid to illegal strikes—

Any person who knowingly extends or supplies any

money in furtherance or support of a strikes which

is illegal under this Act shall be punishable with

imprisonment for a term which may extend to one

year or with fine which may extend to one thousand

rupees, or with both.

Section – 9

9. Offences under Act to be non-bailable—

Notwithstanding anything contained in the Code

of Criminal procedure, 1973 (Central Act 2 of 1974),

all offences under this Act shall be non-bailable.

—–––––

LA/LEGN/2022/1394

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Diseases of Animals

(Amendment) Bill, 2022

(Bill No. 36 of 2022)

Bill

further to amend the Goa Diseases of Animals

Act, 1974 (Goa Act 9 of 1974)

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 Diseases of

Animals (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 28.— In section

28 of the Goa Diseases of Animals Act, 1974

(Goa Act 9 of 1974) (hereinafter referred to

as the “principal Act”), for the expression

“shall, on conviction, be punished in the case

of a first conviction with fine which may

extend to one hundred rupees, and in the

case of a second or subsequent conviction

whether under the same or any other clause

of this section, with simple imprisonment for

a term which may extend to three months,

or with fine which may extend to five

hundred rupees or with both.”, the

expression

“shall, on conviction, be punished in the

case of a first conviction with a fine which

may extend to two thousand rupees, and

in the case of a second or subsequent

conviction whether under the same or any

other clause of this section, with fine which

may extend to five thousand rupees.” shall

be substituted.

3. Amendment of section 29.— In section

29 of the principal Act, for the expression

“with imprisonment for a term which may

extend to six months, or with fine which may

extend to one hundred rupees, or with both,

and in the case of a subsequent conviction

with imprisonment for a term which may

extend to six months, or with fine which may

extend to five hundred rupees, or with both”,

the expression “with fine which may extend

OFFICIAL GAZETTE — GOVT. OF GOA

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625

to two thousand rupees, and in the case of a

subsequent conviction with fine which may

extend to five thousand rupees” shall be

substituted.

4. Amendment of section 30.— In section

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

the expression “with imprisonment for a term

which may extend to six months, or with fine

which may extend to five hundred rupees, or

with both”, the expression “with fine which

may extend to five thousand rupees” shall

be substituted.

Statement of Objects and Reasons

The Bill seeks to amend sections 28, 29 and

30 of the Goa Diseases of Animals Act, 1974

(Goa Act 9 of 1974) so as to decriminalise the

provisions of imprisonment for violations

contained in said sections.

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

NILKANTH HALARNKAR

20th July,2022

Minister for Animal

Husbandry and

Veterinary Services

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa

Secretary to the Legislative

20th July, 2022

Assembly of Goa.

______

ANNEXURE

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

Extracts of Section 28, 29 and 30 of the Goa

Diseases of Animals Act, 1974 (Act 9 of 1974)

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

28. Penalties.— Whoever,—

(i) fails to comply with or contravenes the

terms of any notification issued under section 5,

or fails to carry out any requisition made or

directions given, by or under the said section, or

(ii) fails to carry out any direction specified in,

or contravenes the terms of, any notification

issued under section 6 or imports any animal in

contravention of the provisions of sub-section (2)

thereof, or

(iii) fails to feed or look after the upkeep of the

animal under sub-section (4) of section 7 or fails

to produce the permit under sub-section (5)

thereof, or

(iv) fails to comply with an order made by an

Inspector under sub-section (1) of section 8, or

(v) removes any animal or thing from an

infected area or place in contravention of the

provisions of section 14, or

(vi) fails to comply with any direction given

by an Inspector or a Police Officer under section

15, or

(vii) fails to cleanse or disinfect any vessel, or

vehicle used for removing animals in the manner

prescribed as required under sub-section (1), or

fails to cause any vessel or vehicle to stop and

remain stationary when required to do so under

sub-section (2), of section 16, or

(viii) fails to comply with an order made by a

Veterinary Surgeon under section 17,

(ix) fails to report that an animal is infective

as required by section 19, or

(x) fails to keep an infective animal separate

as required by section 20, or

(xi) keeps or grazes any animal which he knows

to be infective in contravention of the provisions

of section 21, or

(xii) brings or attempts to bring any animal

which he knows to be infective in contravention

of the provisions of section 22, or

(xiii) disinters or causes to be disinterred the

carcass or any part of the carcass of any animal

which at the time of its death was infective or

was destroyed on account of its being infective

or suspected to be infective in contravention of

the provisions of section 24,

shall, on conviction, be punished in the case

of a first conviction with fine which may extend

to one hundred rupees, and in the case of a

second or subsequent conviction whether under

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the same or any other clause of this section, with

simple imprisonment for a term which may

extend to three months, or with fine which may

extend to five hundred rupees or with both.

29. Penalty for placing carcass of infective animal

in river, etc.— Whoever places or causes or permits

to be placed in any river, lake, canal or other water

or in the sea within such distance from the shore,

as may be prescribed, the carcass or any part of the

carcass of any animal which at the time of its death

was infected or which was destroyed on account of

its being infective or suspected to be infective, in

contravention of the provisions of section 23, shall,

on conviction, be punished, in the case of a first

conviction with imprisonment for a term which may

extend to six months, or with fine which may extend

to one hundred rupees, or with both, and in the

case of a subsequent conviction with imprisonment

for a term which may extend to six months, or with

fine which may extend to five hundred rupees, or

with both.

30. Penalty for vexatious entry, inspection and

seizure.— (1) Whoever, being an Inspector or a

Veterinary Surgeon, appointed under this Act,

vexatiously and unnecessarily enters or inspects

any land, building or other place or any vessel or

vehicle or seizes or detains any animal shall, on

conviction, be punished with imprisonment for a

term which may extend to six months, or with fine

which may extend to five hundred rupees, or with

both.

(2) No prosecution under this section shall be

instituted after the expiry of three months from the

date on which the offence has been committed.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa

Secretary to the Legislative

20th July, 2022

Assembly of Goa

—–––––

LA/LEGN/2022/1395

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 School Education

(Amendment) Bill, 2022

(Bill No. 37 of 2022)

BILL

further to amend the Goa School Education

Act, 1984 (Act 15 of 1985).

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 School Education

(Amendment) Act, 2022.

(2) it shall come into force at once.

2. Amendment of section 4.— In section 4

of the Goa School Education Act, 1984 (Goa

Act No. 15 of 1985) (hereinafter referred to as

the “principal Act”),-

(i) for sub-section (4), the following sub-

section shall be substituted, namely:—

“(4) Where a school is established

without prior permission of the Director,

he may, after giving the managing

committee or the manager of such

school a reasonable opportunity of

showing cause against the proposed

action, take over the management of

such school for a limited period not

exceeding three years.”;

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

sub-section shall be inserted, namely:—

“(4A) Where an additional class is

opened in an existing school, without the

prior permission of the Director, he may,

after giving the managing committee or

the manager of such school a reasonable

opportunity of showing cause against

the proposed action, withdraw the

recognition of such school.”.

3. Amendment of section 19.— In section

19 of the principal Act, for sub-section (4),

the following sub-section shall be substituted,

namely:—

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“(4) Where any aided school collects fees

or any other charges or receives any other

payment beyond the prescribed limit fixed

by the Director, he may, after giving the

managing committee or the manager of

such school a reasonable opportunity of

showing cause against the proposed

action, take over the management of such

school for a limited period not exceeding

three years.”.

4. Amendment of section 23.— In section

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

the expression “he shall be punished with

imprisonment for a term which may extend

to three months or with fine which may extend

to one thousand rupees or with both”, the

expression “he shall be punished with fine

which shall not be less than ten thousand

rupees, but which may extend to fifty

thousand rupees” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 4, 19 and

23 of the Goa School Education Act, 1984 (Act

15 of 1985) so as to decriminalize the

provisions of imprisonment as specified in

said sections of the said Act.

This Bill seeks to achieve above object.

Financial Memorandum

No financial implications are involved in

this Bill

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Panaji-Goa

PRAMOD SAWANT

20th July, 2022

Minister for Education

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa

Secretary (Legislative

Assembly of Goa)

LA/LEGN/2022/1396

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Agriculture Produce and

Livestock Marketing (Promotion and

Facilitation (Amendment) Bill, 2022

(Bill No. 39 of 2022)

BILL

further to amend the Goa Agricultural

Produce

and

Livestock

Marketing

(Promotion and Facilitation) Act, 2007 (Goa

Act 11 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 Agricultural

Produce and Livestock Marketing (Promotion

and Facilitation) (Amendment) Act, 2022.

(2) It shall come into force at once.

2. Substitution of section 49.— For section

49 of the Goa Agricultural Produce and

Livestock

Marketing

(Promotion

and

Facilitation) Act, 2007 (Goa Act 11 of 2007),

the following section shall be substituted,

namely:—

“(49) Power to levy market fees (single

point levy).— The Marketing Board shall

levy and collect market fee from buyer in

respect of notified agricultural produce

including livestock bought by such buyer

in the principle market yard or sub market

yard(s) or market sub-yard(s) or anywhere

in the State of Goa either brought from

outside the State or from within the State,

at such rate as may be notified by the

Government by notification in the Official

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Gazette but not exceeding two percent ad

valorem on transacted produce in case of

non-perishable agricultural produce and

not exceeding one percent ad valorem in

case of perishable agricultural produce and

livestock.

Provided that market fees specified under

this section shall not be levied for the second

time, in whatever name it is called i.e. cess,

user charge, service charge, etc, in any

principal market yard, sub-market yard(s),

market sub-yard(s), or anywhere in the State

of Goa, private market yard, electronic

trading platform within the State provided

that market fee at applicable rate has already

been paid on that notified agricultural

produce in any principal market yard sub

market yard(s), market sub-yard(s), private

market yard, electronic trading platform

within the State and the evidence to this effect

has been furnished, by the concerned person

that market fee has already been paid as

aforesaid in the State:

Provided further that in case of commercial

transactions between traders, the market fee

shall be collected and paid by the seller:

Provided also that in case buyer is not

licencee and seller is farmer, the liability of

payment of market fee shall be of commission

agent who will collect the market fee from

buyer and deposit to the Marketing Board”.

Statement of Objects and Reasons

The Bill seeks to amend section 49, of the

Goa Agricultural Produce and Livestock

Marketing (Promotion and Facilitation) Act,

2007 (Goa Act 11 of 2007) so as to enable the

Marketing Board to levy and collect market

fee from buyer of notified agricultural produce

so as to provide self sustainability to the

Marketing Board and help the Marketing

Board in creating necessary infrastructure in

agriculture marketing. This will also provide

data of notified items imported/exported in

the State of Goa at the check post at various

borders.

Financial Memorandum

The Amendment proposed will generate

revenue amounting to approximately Rs. 800

lakhs per anum on account of levy of Market

Fee on notified agriculture commodities and

livestock which will help to self sustainability

to the Marketing Board and hence there will

not be any financial burden on State

exchequer.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in this

Bill.

Assembly Hall,

Shri RAVI NAIK

Porvorim, Goa

Hon. Minister for

21-07-2022.

Agriculture

Assembly Hall,

Smt. NAMRATA ULMAN

Porvorim, Goa

Secretary to Legislative

21-07-2022.

Assembly of Goa.

_______

ANNEXURE

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

Extract of Section 49 the Goa Agricultural

Produce and Livestock Marketing (Promotion

and Facilitation) Act, 2007 (Goa Act 11 of

2007).

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

49. Levy of market fee (single point levy of

market fee).-

The Marketing Board shall levy and collect

market fee from buyer in respect of notified

agricultural produce including livestock bought

by such buyer in the principal market yard or sub-

market yard(s) or market sub-yard(s) either brought

from outside the State or from within the State, at

such rate as may be notified by the Government

but not exceeding two percent ad valorem on

transacted produce incase of non-perishable

agricultural produce and not exceeding one

percent ad valorem in case of perishable

agricultural produce and livestock:

Provided that the notified agricultural produce

imported/purchased/ bought from any person other

than agriculturist into the market area shall not be

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liable for payment of Market fee with effect from

15-06-2020.

Provided that market fees specified under this

section shall not be levied for the second time, in

whatever name it is called, i.e. cess, user charge,

service charge, etc., in any principal market yard,

sub-market yard, market sub-yard, private market

yard, electronic trading platform within the state

provided that market fee at applicable rate has

already been paid on that notified agricultural

produce in any principal market yard, sub-market

yard, market sub-yard, private market yard,

electronic trading platform within the State and

the evidence to this effect has been furnished, by

the concerned person that market fee has already

been paid as aforesaid in the State:

Provided further that in case of commercial

transactions between traders, the market fee shall

be collected and paid by the seller:

Provided also that in case of buyer is not licencee

and seller is farmer, the liability of payment of

market fee shall be of commission agent who will

collect the market fee from buyer and deposit to

the Marketing Board.

__________

LA/LEGN/2022/1397

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 Plant Diseases and Pests

(Amendment) Bill, 2022

(Bill No. 40 of 2022)

Bill

to amend the Goa Plant Diseases and Pests

Act, 1976 (Act No.12 of 1976)

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 Plant Diseases

and Pests (Amendment) Act, 2022.

It shall come into force at once.

2. Amendment of section 10.— In section

10 of the Goa Plant Diseases and Pests Act,

1976 (Act No. 12 of 1976),—

I. in sub-section (2), for the expression

“fine not exceeding fifty rupees or in

default to simple imprisonment for a period

not exceeding ten days”, the expression

“fine not exceeding five thousand rupees”

shall be substituted;.

II. in sub-section (3), for the expression

“fine not exceeding two hundred and fifty

rupees or in default to simple imprisonment

for a term not exceeding one month”, the

expression “with fine not exceeding five

thousand rupees” shall be substituted;.

Statement of Objects and Reasons

The Bill seeks to amend section 10, of the

Goa Plant Diseases and Pests Acts, 1976 (Act

No. 12 of 1976) so as to decriminalize the

provisions of imprisonment as specified in said

section 10 of the said Act.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in this

Bill.

Porvorim-Goa

Shri. RAVI NAIK

Dated: 21-07-2022.

Hon’ble Minister for

Agriculture

Assembly Hall, NAMRATA ULMAN

Porvorim, Goa

Secretary to the Legislative

Dated: 21-07-2022.

Assembly of Goa.

__________

LA/LEGN/2022/1398

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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.

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630

The Goa Ferries (Amendment) Bill, 2022

(Bill No. 41 of 2022)

BILL

To amend the Goa Ferries Act, 1990 (Goa No.

Act 9 of 1990).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Rupublic of India as follows:—

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

Act may be called the Goa Ferries

(Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 10.— In section

10 of the Goa Ferries Act, 1990 (Goa Act No.

9 of 1990), sub-section (2) thereof shall be

omitted.

Statement of Objects and Reasons

The Bill seeks to amend section 10 of the

Goa Ferries Act, 1990 (Goa Act No. 9 of 1990)

so as to decriminalize the provision of

imprisonment as contained in said section

10 of the said Act.

This Bill seeks to achive 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

SUBHASH PHAL DESSAI

Dated 20-07-2022.

Hon. Minister for River

Navigation Department

Assembly Hall

NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

Dated: 20-07-2022.

Assembly of Goa.

ANNEXURE

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

Extract of section 10 of the Goa

Ferries Act, 1990

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

10 (1) Whoever fails to pay the toll or uses any

public ferry without paying the toll or obstructs any

officer appointed to collect the toll in any way in

exercise of his duties under the Act shall be liable

to pay such amount as may be prescribed as penalty.

Porvorim-Goa

SUBHASH PHAL DESSAI

Dated 20-07-2022.

Hon. Minister for River

Navigation Department.

Assembly Hall

NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

Dated: 20-07-2022.

Assembly of Goa.

__________

LA/LEGN/2022/1399

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Staff Selection Commission

(Amendment) Bill, 2022

(Bill No. 26 of 2022)

BILL

further to amend the Goa Staff Selection

Commission Act, 2019 (Goa Act 11 of 2019).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

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

Act may be called the Goa Staff Selection

Commission (Amendment) Act, 2022.

(2) It shall be deemed to have come into

force on the 11th day of May, 2022.

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2. Amendment of section 7.— In section 7

of the Goa Staff Selection Commission Act,

2019 (Goa Act 11 of 2019), in sub-section (8),

the following proviso shall be inserted,

namely:—

“Provided that where advertisements for

filling up of the sub-ordinate services/posts

were issued prior to the 8th day of January,

2022, the concerned Department may

conduct examination and complete the

selection process of such sub-ordinate

services/posts not later than one year from

the date of commencement of the Goa Staff

Selection Commission (Amendment)

Act, 2022.”.

3. Repeal and savings.— (1) The Goa Staff

Selection

Commission

(Amendment)

Ordinance, 2022 (Ordinance No. 2 of 2022) is

hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the Goa Staff

Selection Commission Act, 2019 (Goa Act 11

of 2019) as amended by the said Ordinance,

shall be deemed to have been done or taken

under the said Act, as amended by this Act.

Statement of Objects and Reasons

In section 7, of the Goa Staff Selection

Commission Act, 2019 (Goa Act 11 of 2019)

(hereinafter referred to as the “said Act”) sub-

section (8) was inserted which inter-alia laid

down that the Government Departments may,

after obtaining prior approval from the

Department of Personnel of the Government,

conduct examinations for selecting candidates

for appointment to sub-ordinate services/posts

for a period of one year from the date of

commencement of the Goa Staff Selection

Commission (Amendment) Act, 2021.”.

Prior to coming into effect of the model code

of conduct for Assembly elections in February

2022, various Departments had initiated the

process of filling up of vacancies by

advertising and accepting the applications. It

will be wasteful exercise to re-advertise the

vacancies. So also, Departments are facing

shortage

manpower,

and

many

Departments have desired to complete the

recruitment process and fill up the vacancies

for which the advertisements were issued and

the applications are accepted prior to coming

into force of the Model code of conduct.

The insertion of proposed proviso to sub-

section (8) of section 7 of the said Act shall

enable the concerned Department to conduct

examination and complete the selection

process to sub-ordinate services/posts not

later than one year from the date of

commencement of the Goa Staff Selection

Commission (Amendment) Act, 2022, in cases

where advertisements for filling up the sub-

ordinate services/posts were issued prior to

8th day of January, 2022.

The Bill also seeks to repeal the Goa Staff

Selection Commission (Amendment) Ordinance,

2022 (Ordinance No. 2 of 2022) promulgated by

the Governor of Goa on 11-05-2022.

This Bill seeks to achieve the above objects.

Financial Memorandum

Financial implications are involved in this

Bill in relation to the recruitment process,

salaries etc.

Memorandum Regarding Delegated Legislation

No delegated legislation is envisaged in this

Bill.

Assembly Hall,

Dr. PRAMOD SAWANT

Porvorim-Goa,

Hon. Chief Minister

20th July, 2022.

Assembly Hall, NAMRATA ULMAN

Porvorim-Goa.

Secretary (Legislature)

20th July, 2022.

———

ANNEXURE

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

Extract of the Section 7 of the Goa Staff

Selection Commission Act, 2019.

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

Amendment of section 7.— In section 7 of the Goa

Staff Selection Commission Act, 2019 (Goa Act 11 of

2019) after sub-section (7), the following sub-section

shall be inserted, namely:—

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“(8) Notwithstanding anything contained in

this section, the Government Departments may,

after obtaining prior approval from the

Department of Personnel of the Government,

conduct examinations for selecting candidates

for appointment to sub-ordinate services/posts for

a priod of one year from the date of commencement

of the Goa Staff Selection Commission

(Amendment) Act, 2021.”.

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa.

Secretary (Legislature)

20th July, 2022.

__________

LA/LEGN/2022/1400

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Fruit and Ornamental Plant

Nurseries (Regulation) (Amendment)

Bill, 2022

(Bill No. 38 of 2022)

Bill

to amend ‘The Goa Fruit and Ornamental Plant

Nurseries (Regulation) Act, 1995 (Goa Act

13 of 1997)

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 Fruit and

Ornamental Plant Nurseries (Regulation)

(Amendment) Act, 2022.

(2) It shall come into force at once.

1. Amendment of section 15.— In section 15

of the Goa Fruit and Ornamental Plant

Nurseries (Regulation) Act, 1995 (Goa Act 13

of 1997) for the expression “with fine which

may extend to one thousand rupees, or

imprisonment for a term which may extend to

one month, or with both”, the expression “with

fine which may extend to five thousand

rupees” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 15 of the

Goa Fruit and Ornamental Plant Nurseries

(Regulation) Act, 1995 (Goa Act 13 of 1997) so

as to decriminalize the provision of

imprisonment as specified in said section 15

of the said Act.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in this

Bill.

Porvorim-Goa

Shri. RAVI NAIK

Dated: 21-07-2022.

Hon’ble Minister for

Agriculture

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa

Secretary to the Legislative

Dated: 21-07-2022.

Assembly of Goa.

__________

LA/LEGN/2022/1401

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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 Media Persons and Media

Institutions (Prevention of Violence and

Damage or Loss to Property) Bill, 2022

(Bill No. 42 of 2022)

BILL

to provide for the prevention of violence

against media persons and prevention of

damage or loss to the property of media

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persons and media institutions in the State

of Goa 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 and commencement.—

(a) This Act may be called the Goa Media

Persons and Media Institutions (Prevention

of Violence and Damage or Loss to Property)

Act, 2022.

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

Goa.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “media institution” includes any

registered newspaper establishment, news

channel establishment, news-based

electronic media establishment or news

station establishment;

(b) “media person” means a person whose

principal avocation is that of a journalist and

who is employed as a journalist, either on

regular, part time or contract basis, in, or in

relation to, one or more media institutions

and includes an editor, sub-editor, news

editor, reporter, correspondent, cartoonist,

news-photographer, television cameraman,

leader-writer, feature-writer, copy-tester and

proof-reader but does not include a person

who,-

(i) is employed mainly in a managerial

or administrative capacity; or

(ii) being employed in a supervisory

capacity, performs, either by the nature

of the duties attached to his office or by

reason of the powers vested in him,

functions mainly of a managerial nature;

online periodical work containing public

news or comments on public news and

includes such other class of printed or

periodical work as may, from time to time,

be notified in this behalf by the Central

Government in the Official Gazette under

the working journalists and Other

Newspaper Employees (Conditions of

Service) and Miscellaneous Provisions Act,

1955 (45 of 1955);

(d) “news channel” means a television

channel which is registered as news

channel with the Ministry of Information

and Broadcasting, Government of India;

(e) “newspaper establishment” means

an establishment under the control of any

person or body of persons, whether

incorporated or not which deals with, the

production or publication of newspaper or

runs a news agency or syndicate.

Explanation.— For the purposes of this

clause,—

(i) different departments, branches and

centres of newspaper establishment shall

be treated as parts thereof;

(ii) a printing press shall be deemed to

be a newspaper establishment if the

principal business thereof is to print

newspaper;

(f) “news-based electronic media”

means any news-based electronic media

that uses electronic devices for the end

user to access the content;

(g) “news station” means a television or

radio station which produces and

broadcasts news;

(h) “offender” means any person, who

either by himself or as a member or leader

of a group of persons or organization

commits or attempts to commit or abets or

instigates or provokes the commission of

violence under this Act;

(i) “property” means any property,

movable or immovable or equipment or

machinery owned by or in possession of a

media person or media institution;

(j) “violence” means an act which causes

harm, injury or endangers the life of any

media person during the discharge of his

duty as a media person, or damage or loss

to the property belonging to any media

person or media institution;

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3. Prohibition of violence.— Any act of

violence against a media person or damage

or loss to the property of media person or

media institution is hereby prohibited.

4. Penalty.— Whoever commits or abets or

instigates or provokes the commission of any

act of violence in contravention of the

provisions of section 3, shall be punished

with imprisonment which may extend to

three years, or with fine, which may extend

to fifty thousand rupees, or with both.

5. Investigation of Offence.— Notwithstan-

ding anything contained in the Code of

Criminal Procedure, 1973 (Central Act 2 of

1974), a police officer not below the rank of

Police Inspector of concerned Police Station

shall investigate any offence under this Act.

6. Cognizance of Offence.— Any offence

committed under this Act shall be

cognizable and non-bailable and triable by

the Court of Judicial Magistrate First Class.

7. Liabilities to pay compensation for

damage or loss caused to property.— (a) In

addition to the punishment specified in

section 4, the offender shall be liable to pay

compensation for damage or loss caused to

the property of media person or media

institution, as may be determined by the

Court referred to in section 6 and he shall

also be liable to reimburse medical

expenditure incurred by the media person.

(b) If person convicted under this Act does

not pay the compensation and medical

expenditure imposed under sub-section (1),

the same shall be recovered as if it were

arrears of land revenue, due from him.

8. Punishment for misuse of provisions

contained in this Act.— (a) Whoever, being

a media person willfully misuses the

provisions of this Act or uses the same for

malicious purposes or makes a false

complaint under this Act shall be punishable

with imprisonment which may extend to

three years or with fine, which may extend

to fifty thousand rupees, or with both.

(b) The media person, after conviction

under sub-section (1), shall not be entitled

for any Government benefit as a Media

Person, and his accreditation card shall be

permanently revoked.

9. Act not in derogation of any other

law.—The provisions of this Act shall be in

addition to, and not in derogation of, the

provisions of any other law for the time

being in force.

Statement of Objects and Reasons

The Bill seeks to provide for the prevention

of violence against media persons and

prevention of damage or loss to the property

of media persons or media institutions, in

the State of Goa. The Bill seeks to prohibit

violence against media persons and

damage or loss to the property belonging

to media persons or media institutions and

to check the recurrence of such incidents

in the State.

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

Dr. PRAMOD SAWANT

Date

Chief Minister.

Assembly Hall NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

Assembly of Goa

__________

LA/LEGN/2022/1402

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 21st 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.

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The Goa Public Health (Amendment) Bill,

2022

(Bill No. 43 of 2022)

BILL

further to amend the Goa Public Health Act,

1985 (Act No. 25 of 1985)

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 Public Health

(Amendment) Act, 2022.

(2) It shall come into force at once.

2. Amendment of section 40.— In section

40 of the Goa Public Health Act, 1985 (Act

No. 25 of 1985) (hereinafter referred to as the

“principal Act”), in sub-section (6), for the

expression “simple imprisonment for a term

which may extend to 30 days or with fine

which may extend to Rs. 5000/-, or with

both”, the expression “fine which may

extend to Rs. 25,000/-” shall be substituted.

3. Amendment of section 50E.— In section

50E of the principal Act, for the expression

“imprisonment which may extend to three

months or with fine which may extend to

Rs. 5000/-, or with both”, the expression “fine

which may extend to Rs. 25,000/-” shall be

substituted.

4. Amendment of section 71.— In section 71

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

clause (b), for the expression “imprisonment

which may extend to three months, or with fine

or with both”, the expression “fine which may

extend to Rs. 25,000/-” shall be substituted.

5. Amendment of section 87 F.— In section

87 F of the principal Act, for the expression

“imprisonment for a term which shall not be

less than six months, but which may extend

to three years and with a fine which shall not

be less than ten thousand rupees”, the

expression “a fine which shall not be less than

ten thousand rupees, but which may extend

to Rs. 25,000/-” shall be substituted.

6. Amendment of section 94C.— In section

94C of the principal Act, for the expression

“liable to punishment with imprisonment for

a term which may extend to six months or a

fine which may extend to Rs. 50,000/- or both”,

the expression “punishable with a fine which

may extend to Rs. 50,000/-” shall be

substituted.

7. Amendment of section 111.— In section

111 of the principal Act, for the expression

“imprisonment which may extend to one year

or with fine which may extend to one

thousand rupees or with both”, the expression

“fine which may extend to one thousand

rupees” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend sections 40, 50E,

71, 87F, 94C and 111 of the Goa Public Health

Act, 1985 (Act No. 25 of 1985) so as to

decriminalize the provisions contained therein

in order to eliminate the risk of imprisonment

for citizens for minor violations.

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.

VISHWAJIT RANE

Dated: 22-07-2022.

Hon’ble Minister for

Health.

Assembly Hall.

NAMRATA A. ULMAN

Porvorim, Goa.

Secretary to the Legislative

Dated: 22-07-2022.

Assembly of Goa

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636

ANNEXURE

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Extract of sections 40, 50, 71, 87F, 94C and

111 of the Goa Public Health Act,1985

(Act No. 25 of 1985)

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Section 40

40. Power of Health Officer to abate nuisance.—

(1) If the Health Officer is satisfied, whether upon

information received under section 39 or otherwise,

of the existence of a nuisance, he shall be duty

bound to issue a notice, within a period of seven

days from the date of receipt of such information or

date of knowledge of the existence of such

nuisance, as the case may be, requiring the person

who is responsible for such nuisance or by whose

act, default or sufferance or thing the nuisance arises

or continues, and/or if that person cannot be found,

the owner or occupier of the premises in respect of

which the nuisance arises or continues, to abate the

nuisance and to execute such works and take such

steps as may be necessary for that purpose, within a

period as may be fixed in the notice, not exceeding

sixty days in any case:

Provided that, the Health Officer, for reasons to

be recorded in writing, and upon the application

in writing by such person to whom such notice is

issued, may extend the period specified in such

notice, by a further period of fifteen days, in the facts

and circumstances of the case.

(2) The officer-in-charge of the police station of

the area concerned shall be duty bound and

responsible, when called upon by the concerned

Health Officer or such other officer as authorised

by the Directorate of Health Services, to provide

necessary police protection for removal and/or to

ensure removal of such nuisance and shall also

provide all possible assistance for removal of such

nuisance. The officer-in-charge of the police

station, shall be answerable and responsible for non-

compliance of the requisition made by the Health

Officer or by such other person as specified in this

sub-section.

(3) The directions as contained in the notice

under sub-section (1) shall have effect,

notwithstanding anything contained in any other

law for the time being in force or any custom or usage

or decree or order of a Court, or any agreement or

contract, express or implied, as far as they are not

inconsistent with the provisions of this section.

(4) The issuance of the notice under sub-section

(1) to a person, as an occupier of any premises, shall

not create any legal right, title or interest in such

person, in respect of such premises, if such person

is not the owner of such premises as the notice issued

is only for creating the liability of abatement of

nuisance or execution of any work or to take such

steps as may be directed under sub-section (1) .

(4-A) Notwithstanding anything contained in

sub-section (5), if any person, whether owner or

occupier of any premises, to whom a notice is issued

by the Health Officer under sub-section (1), fails to

comply with the directions given therein within

the specified period or within the extended period,

as the case may be, and the nuisance is caused due

to improper drainage or due to overflowing of septic

tanks, etc., the owner or occupier of the premises

shall be liable to pay a fine of rupees five hundred

per day till such time the nuisance is abated or the

occurrence thereof is stopped.

(ii) in sub-section (5), after the first proviso, the

following proviso shall be inserted, namely:—

Provided further that the Health Officer, after

giving due notice to the defaulter, may request

the Electricity Department or the Public Works

Department, as the case may be, to disconnect

the electricity or water supply to the premises or

place in respect of which the nuisance arose or

continues and the Electricity Department or the

Public Works Department to whom such request

is made shall forthwith disconnect said supply

and such disconnection shall continue till the

nuisance is removed to the entire satisfaction of

the Health Officer.

(5) If any person, owner or occupier of any

premises, to whom a notice is issued by the Health

Officer under sub-section (1), fails to comply with

the directions given therein, within the specified

period or within the extended period, as the case

may be, the Health Officer shall himself execute

any work or take such steps, which he may consider

necessary, to abate the nuisance and to prevent the

recurrence thereof:

Provided that, any expenses incurred or loss

suffered on account of execution of any work or

steps taken by the Health Officer, for abatement of

nuisance under this sub-section, shall be recovered

from the person to whom the notice under sub-

section (1) was issued, as arrears of land revenue.

(6) The failure to comply with the directions

contained in the notice issued under sub-section

(1) shall be cognizable offence, punishable with

simple imprisonment for a term which may extend

to 30 days or with fine which may extend to Rs. 5000/-,

or with both:

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Provided that the said offence may be

compounded by the Health Officer, if the offender

agrees to pay a fine of Rs. 3,500/-.

(7) In case of any nuisance arising in respect of

the premises belonging to the Government, the

officer-in-charge of the said premises or Head of

office, as the case may be, shall be liable personally

to be issued a notice under sub-section (1) as also

for the penalty specified in sub-section (6) :

Provided that if the Health Officer himself is the

office-in-charge of such premises or Head of office,

the provisions of sub-section (1) shall not be

applicable to him although he shall be duty bound

and liable to abate the nuisance within a period of

eight days from the date of knowledge of the

existence of nuisance.

(8) If the Health Officer, after receiving the

information of any nuisance, either under section

39 or upon his own knowledge, intentionally or

deliberately, fails or neglects, to take any action as

provided for, in sub-section (1), (5) or (7) as the case

may be, within the period specified thereto, he

shall be liable for payment of fine at the rate of at

least Rs. 50/- per day and which may extend to

Rs. 5000/-, upon conviction by the Judicial

Magistrate First Class, after a complaint at that

regard is filed by any person aggrieved by a

nuisance.

Section 50E

50E— Penalty for operating ambulance van

without permit.— Whoever operates or causes or

allows to operate an ambulance van in contravention

of the provisions of section 50-A, shall be

punishable with imprisonment which may extend

to three months or with fine which may extend to

Rs. 5000/-, or with both.

Section 71

71. Power of Government to confer special powers

on officers to control notified disease.— (1) (a) In the

event of the prevalence or threatened outbreak of a

notified disease in any place or area, Government

may declare that such place or area is visited by or

threatened with, an outbreak of such disease.

(b) The power conferred on the Government by

clause (a) may also be exercised, in the case of a

place or area situated in a district, by the Collector

of the district subject to the control of the

Government.

under clause (a) or withdrawal thereof in whole or

in part shall be published in the Official Gazette and

shall come into operation on the date of such

publication.

(d) Any declaration made by the Collector under

clause (b) or withdrawal thereof in whole or in part

shall be published in the Official Gazette and shall

come into operation on the date of such

publication.

(2) When a declaration under clause (a) or clause

(b) of sub-section (1) comes into operation, and until

withdrawn, the Collector or any person duly

authorised by him by general or special order, or if

empowered in this behalf by rules made under this

Act, the Health Officer or any other officer of the

Government other than the Collector may, subject

to such exceptions, restrictions, limitations and

conditions as may be prescribed either generally

or in the case of the notified disease to which the

declaration relates, exercise the following powers,

namely:—

(a) power to order the evacuation of infected

houses and houses adjoining them or in their

neighbourhood, or generally of all houses in an

infected locality;

(b) power to make vaccination and preventive

innoculations compulsory subject to the

provisions of sub-section (3) ;

(i) that persons arriving from places outside

the local area, or residing in any building,

adjacent to, or in the neighbouring of, an

infected building, shall be examined by any

specified medical officer or by any one of a

specified class of medical officers;

(ii) that the clothing, bedding or other

articles belonging to such persons shall

be disinfected, if there is reason to suspect that

they have been exposed to infection; and

(iii) that any such person shall give address

and present himself daily for medical

examination at a specified time and place, for

a period not exceeding ten days;

(d) power to take such measures as may be

necessary in respect of, or in relation to, articles

exposed to infection from any notified disease, or

likely to infect persons with any such disease,

including (i) the placing or restrictions on the

movements of such persons, and (ii) the

destruction of such articles and the placing of

restrictions on their export from, import into, or

transport within the local area;

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(e) power to direct that any consignment of

grain exported into such area by rail, road or

otherwise, shall be examined and, if necessary

unloaded and disinfected in any specified

manner;

(f) power to close all or any existing markets

and to appoint special places where markets may

be held; and

(g) power to direct the local authorities to take

such measures as may be necessary in respect of

cattle within local area;

(3) (a) If any person who, or a child in whose care,

is sought to be vaccinated or innoculated in

pursuance of the power referred to in clause (b) of

sub-section (2) declare before a Magistrate specially

empowered by the Government in this behalf that

as a result of a careful inquiry into the subject, he

believes that such vaccination or innoculation, will

be injurious to his health or the health of the child,

as the case may be, the Magistrate may, after giving

notice to the Health Officer and hearing any

representation by him or on his behalf exempt such

person or child from vaccination or innoculations,

on such person aforesaid undertaking to subject

himself and the members of his family to isolation of

such description and for such period and to such

further restrictions, if any, as may be, directed by

the Magistrate:

Provided that any exemption granted under this

clause shall cease to have effect after a conviction

under clause (b) and no exemption, shall be granted

to any person who has been so convicted.

(b) Any person who commits a breach of any

undertaking given by him under clause (a) shall be

punished with imprisonment which may extend to

three months, or with fine or with both.

(4) The local authority may, in its discretion give

compensation to any person who, in its opinion has

sustained substantial loss by the destruction of any

property under the powers conferred by this section

but save as provided in this sub-section, no claim

for compensation shall lie for any loss or

damage caused by any exercise of the powers

aforesaid.

Section 87F

87F. Penalty.— Whoever contravenes the

provisions of this Chapter shall, on conviction, be

punishable with imprisonment for a term which shall

not be less than six months, but which may extend

to three years and with a fine which shall not be less

than ten thousand rupees.

Section 94C

94C. Punishment for non-compliance with order

under section 94A.— Any person or statutory

functionary or other functionaries or the principal

officer of any authority or local body, responsible for

complying with the order under section 94A,

disobeying or not complying forthwith, or abetting

violation of any orders under section 94A shall, on a

trial by a Magistrate, be liable to punishment with

imprisonment for a term which may extend to six

months or a fine which may extend to Rs. 50,000/- or

both.

Section 111

111. Punishment for malicious abuse of powers.—

Any local authority or any officer or servant of a local

authority or of the Government, or any person

appointed under section 11 of this Act, who

maliciously abuses any powers conferred on

him by or under this Act shall be punished with

imprisonment which may extend to one year or with

fine which may extend to one thousand rupees or

with both.

Explanation.— No prosecution shall be instituted

under this section without the previous sanction of

the Government.

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