777
Panaji, 8th September, 2022 (Bhadra 17, 1944)
SERIES I No. 23
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
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, is
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778
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:—
“(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 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).
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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:—
“5. Public notice of the regulation.— (1)
The power to make regulations under
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 the
Dated: 07-09-2022.
Government of Goa,
Law Department
(Legal Affairs).
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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 Notary having
jurisdiction over the place where the
succession opens shall be competent to
draw deed of declaration of heirship and
deed of renunciation.
(ii) The Special Notary having
jurisdiction over the place of permanent
residence of the Testator/Testatrix, Donor
or the executing party shall draw a
will, consent or power of attorney
respectively:
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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 certifying the
names appearing in different certificates
are that of one and the same person.”.
14. Insertion of new section 346A.— After
section 346 of the principal Act, the following
section shall be inserted, namely:—
“346A. Printed Deed of Declaration of
Heirship.— (1) The Declarants and interested
parties as specified in section 346 may opt to
present to the Special Notary, a computer
generated printout in black ink of the unsigned
Deed of Declaration of Heirship, written in the
language of the Court, complying with all the
legal formalities as specified under section 346
and other provisions under this Act on a
standard ledger paper (Legal Size) leaving a
margin of 5 cm. on left side, 3 cms on top and
the bottom and 2 cms. on the right side of the
paper. The print shall be in Times New Roman
Script with double spacing and continuous
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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.