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Goa Gazette · Government of Goa

Goa Gazette, No. 2223-23, 08 September 2022

Published 08 September 2022

Type
EOG
Gazette no.
2223-23
Num
1
Series
SI
Identifier
in.goa.egaz.2223-23.SI/2223-23-SI-EOG-1
Languages
English, Portuguese
Published at
Original source ↗

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

RNI No. GOAENG/2002/6410

Panaji, 8th September, 2022 (Bhadra 17, 1944) SERIES I No. 23 PUBLISHED BY AUTHORITY

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

__

Notification

7/6/2022-LA

The Goa Fiscal Responsibility and Budget Management (Amendment) Act, 2022 (Goa Act 10 of 2022), which has been passed by the Legislative Assembly of Goa on 18-07-2022 and assented to by the Governor of Goa on 26-08-2022, is hereby published for the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 7th September, 2022.

_________

The Goa Fiscal Responsibility and Budget Management (Amendment) Act, 2022

(Goa Act 10 of 2022) [26-08-2022]

AN

ACT

further to amend the Goa Fiscal Responsibility and Budget Management Act, 2006 (Goa Act 12 of 2006).

Be it enacted by the Legislative Assembly of Goa in the Seventy-third Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Goa Fiscal Responsibility and Budget Management (Amendment) Act, 2022.

(2) It shall be deemed to have come into

force on the 1st day of June, 2022.

2. Amendment of section 5.— In section 5 of the Goa Fiscal Responsibility and Budget Management Act, 2006 (Goa Act 12 of 2006), in clause (b), after the existing proviso, the following proviso shall be inserted, namely:—

"Provided further that for the financial year 2022-23, additional fiscal deficit of 1% over and above 3% of the Gross State Domestic Product (upto 4% of GSDP) shall be permissible;"

Secretariat, SANDIP JACQUES Porvorim, Goa. Secretary to the Dated: 07-09-2022. Government of Goa,

Law Department (Legal Affairs).

———

Notification

7/8/2022-LA

The Goa Registration of Tourist Trade (Amendment) Act, 2022 (Goa Act 11 of 2022), which has been passed by the Legislative Assembly of Goa on 22-07-2022 and assented to by the Governor of Goa on 26-08-2022, is777 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 8TH SEPTEMBER, 2022 hereby published for the general information of the public.

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

Porvorim, 7th September, 2022.

_________

The Goa Registration of Tourist Trade (Amendment) Act, 2022

(Goa Act 11 of 2022) [26-08-2022]

AN

ACT

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:—

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 be 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 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/-".

Secretariat, SANDIP JACQUES Porvorim, Goa. Secretary to the Dated: 07-09-2022. Government of Goa,Law Department (Legal Affairs). "(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 778 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 8TH SEPTEMBER, 2022 Notification

7/17/2022-LA

The Goa (Regulation of Land Development and Building Construction) (Amendment) Act,

2022 (Goa Act 12 of 2022), which has been

passed by the Legislative Assembly of Goa on

22-07-2022 and assented to by the Governor

of Goa on 26-08-2022, is hereby published for

the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 7th September, 2022.

_________

The Goa (Regulation of Land Development and Building Construction) (Amendment) Act, 2022

(Goa Act 12 of 2022) [26-08-2022]

AN

ACT

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:—

section 4 shall be subject to the condition of

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 or member of 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".

Secretariat, SANDIP JACQUES

Porvorim, Goa. Secretary to theDated: 07-09-2022. Government of Goa, Law Department "5. Public notice of the regulation.— (1) (Legal Affairs). The power to make regulations under 779 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 8TH SEPTEMBER, 2022 Notification

7/18/2022-LA

The Goa Succession, Special Notaries and Inventory Proceeding (Amendment) Act, 2022 (Goa Act 13 of 2022), which has been passed by the Legislative Assembly of Goa on 20-07-2022 and assented to by the Governor of Goa on 05-08-2022, is hereby published for the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 7th September, 2022.

_________

The Goa Succession, Special Notaries and Inventory Proceeding (Amendment) Act, 2022

(Goa Act 13 of 2022) [05-09-2022]

AN

ACT

further to amend the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 (Goa Act 23 of 2016).

BE it enacted by the Legislative Assembly of Goa in the Seventy-third Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Goa Succession, Special Notaries and Inventory Proceeding (Amendment) Act, 2022.

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 2.— In section 2 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 (Goa Act 23 of 2016) (hereinafter referred to as "the principal Act"), in clause (z), after the words "a written account", the expression ", either electronic or manual including online procedure" shall be inserted.

3. Amendment of section 35.— In section

35 of the principal Act,-

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

section shall be substituted, namely:—

"(1) Renunciation of an inheritance shall be made before the Court or before the Special Notary having jurisdiction over the place where the succession opens.";

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

sub-section shall be inserted, namely:—

"(4A) All such files shall be bound in volumes containing 200 pages each, numbered consecutively and each volume maintained annually shall be numbered serially starting from Volume I of year……..".

4. Amendment of section 52.— In section

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

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

be inserted, namely:—

"(ia) on the surviving spouse;";

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

be substituted, namely:—

"(iii) on the brothers and sisters and

their descendents;";

(c) item (iv) shall be omitted.

5. Insertion of new section 307A.— After section 307 of the principal Act, the following section shall be inserted, namely:—

"307A. Jurisdiction to draw instruments and deeds.— The Special Notary shall have jurisdiction to draw instruments and deeds including wills as below:—

(i) The Special Notar y having jurisdiction over the place where the succession opens shall be competent to draw deed of declaration of heirship and deed of renunciation.

(ii) The Special Notar y having jurisdiction over the place of permanent residence of the Testator/Testatrix, Donor or the executing par ty shall draw a will, consent or power of attorney respectively:

780 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 8TH SEPTEMBER, 2022

Provided that whenever owing to medical disability condition the Testator/ Testatrix is admitted to hospital or restricted at a place other than his permanent residence, then on production of valid medical documents, the will can be drawn by the Special Notary having jurisdiction over such place.".

6. Amendment of section 308.— In section 308 of the principal Act, in sub-section (2), for the expression "District Judge of the respective district court or an additional district judge nominated by him, as the case may be", the

words "District Special Notary of the respective

District" shall be substituted.

7. Amendment of section 310.— In section

310 of the principal Act, for the expression

"District Judge of the respective District Court

or an Additional District Judge nominated by

him, as the case may be", the words "District

Special Notary of the respective district" shall

be substituted.

8. Amendment of section 320.— In section 320 of the principal Act, in sub-section (3), for

the expression "within 3 days", the expression

"within 30 days after hearing all the parties"

shall be substituted.

9. Amendment of section 324.— In section

324 of the principal Act,—

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

expression "The power of attorney executed

abroad shall be countersigned by the Indian

Diplomatic Agent or the Consular services

and shall be duly stamped by the competent

Collector in Goa;", the expression "The

Power of attorney executed abroad except

where a certificate called an Apostille has

been issued thereto, shall be countersigned

by the Indian Diplomatic Agent or the

Consular services and shall be duly

stamped by the competent Collector in

Goa;" shall be substituted;

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

certified copy thereof" shall be omitted.

10. Amendment of section 333.— In section

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

the words "District Judge", the words

"District Special Notary" shall be substituted.

11. Amendment of section 337.— In section

337 of the principal Act, the expression "The

testator may keep the closed will with himself

or hand it over to a person of his confidence" shall be added at the end.

12. Omission of sections 338, 339 and 340.— In the principal Act, sections 338, 339 and 340 shall be omitted.

13. Amendment of section 346.— In section

346 of the principal Act,-

(i) in sub-section (4), the words "or a certified copy issued by an institution maintaining such records" shall be omitted;

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

sub-section shall be inserted, namely:—

"(4A) In the event when a party to succession deed produces documents of his identity and the names on the documents produced are different, the parties may produce a certificate issued by the Mamlatdar for certif ying the names appearing in different certificates are that of one and the same person.".

14. Insertion of new section 346A.— After section 346 of the principal Act, the following section shall be inserted, namely:—

"346A. Printed Deed of Declaration of Heirship.— (1) The Declarants and interested parties as specified in section 346 may opt to present to the Special Notary, a computer generated printout in black ink of the unsigned Deed of Declaration of Heirship, written in the language of the Court, complying with all the legal formalities as specified under section 346 and other provisions under this Act on a standard ledger paper (Legal Size) leaving a margin of 5 cm. on left side, 3 cms on top and the bottom and 2 cms. on the right side of the paper. The print shall be in Times New Roman Script with double spacing and continuous781 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY) 8TH SEPTEMBER, 2022 without break between words and numbers shall be written in words, accompanied by all the documents required for registration of said deed.

(2) Upon submission of printed Deed of Declaration of Heirship, all the parties shall put their name, sign and thumb impression by appearing in the office of the Special Notary, and thereafter the Special Notary shall sign the said deed.

(3) All the printed Deeds of Declaration of

Heirship registered before the Special Notary

alongwith all the supporting documents, until

they are preserved in a form of a bound book, as provided in sub-section (4), shall be maintained in a provisional file. In the same file, all the Deeds of Declaration of Heirship so

presented shall be kept as per the serial order

of its presentation and their pages numbered

serially.

(4) At the end of every 200 sheets, the District Special Notary of the concerned district shall initial all the pages of the Deed of Declaration of Heirship contained in the file and ensure that the sheets are bound in a book.".

Secretariat, SANDIP JACQUES Porvorim, Goa. Secretary to the Dated: 07-09-2022. Government of Goa,

Law Department (Legal Affairs).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 6.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—195/360—9/2022.

782
Cite this issue. Goa Gazette, Government of Goa, 08 September 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.2223-23.SI/2223-23-SI-EOG-1/. Archive identifier in.goa.egaz.2223-23.SI/2223-23-SI-EOG-1.