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

OFFICIAL GAZETTE — GOVT. OF GOA

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8TH SEPTEMBER, 2022

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).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY)

8TH SEPTEMBER, 2022

779

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).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 23

(EXTRAORDINARY)

8TH SEPTEMBER, 2022

780

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.