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Panaji, 27th February, 2023 (Phalguna 8, 1944)

SERIES I No. 47

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

——

Notification

7/6/2023-LA

The Goa Value Added Tax (Amendment)

Act, 2023 (Goa Act 9 of 2023), which has been

passed by the Legislative Assembly of Goa

on 18-01-2023 and assented to by the

Governor of Goa on 21-02-2023, is hereby

published for the general information of the

public.

Pooja D. Phadte, Joint Secretary (Law).

Porvorim, 27th February, 2023.

——

The Goa Value Added Tax (Amendment)

Act, 2023

(Goa Act 9 of 2023) [21-02-2023]

AN

ACT

further to amend the Goa Value Added Tax

Act, 2005 (Goa Act 9 of 2005).

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 Value Added

Tax (Amendment) Act, 2023.

EXTRAORDINARY

No. 2

(2) Save as otherwise provided in this

Act,—

(a) sections 3 (ii) and 3 (iii) of this Act

shall be deemed to have come into force

on the 01st day of April, 2017;

(b) sections 2, 3 (i) and 3 (iv) of this Act

shall come into force on the date of

publication of this Act in the Official

Gazette; and

(c) section 4 of this Act shall be deemed

to have come into force on the 31st day of

March, 2020.

2. Amendment of section 10.— In section

10 of the Goa Value Added Tax Act, 2005 (Goa

Act 9 of 2005), (hereinafter referred to as the

“principal Act”), after sub-section (2B), the

following sub-section shall be inserted,

namely:—

“(2C)

Notwithstanding

anything

contained in sub-sections (2), (2A) and

(2B), after adjustment under sub-section (1),

the excess of input tax credit, as determined

in assessment or re-assessment or appeal

or revision for any year upto the year

ending on the 31st day of March, 2017, in

case of a dealer,—

(a) dealing in goods not covered under

clause (p) of section 2, and

(b) who has not applied for carry forward

of unutilized/excess input tax credit by

filing application under the provisions of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 47

(EXTRAORDINARY No. 2)

27TH FEBRUARY, 2023

1614

section 140 of the Goa Goods and Services

Tax Act, 2017 (Goa Act 4 of 2017) and the

rules made thereunder,

shall be refunded in the prescribed

manner and subject to the following

conditions:—

(i) the dealer should have completed

migration in accordance with section 139

of the Goa Goods and Services Tax Act,

2017 (Goa Act 4 of 2017);

(ii) he should have filed all returns in

accordance with the provisions of sections

37, 38, 39 and 44 of the Goa Goods and

Services Tax Act, 2017 (Goa Act 4 of 2017)

for the period commencing from the 1st

day of July, 2017 till the date of such order

as referred in sub-clause (iv) of this clause;

(iii) the dealer should not have any

outstanding liability towards payment of

tax, cess, interest, late fee, penalty, etc.

under the Goa Goods and Services Tax Act,

2017 (Goa Act 4 of 2017), the Central Goods

and Services Tax Act, 2017 (Central Act 12

of 2017), the Integrated Goods and Services

Tax Act, 2017 (Central Act 13 of 2017) and

the Goods and Services Tax (Compensation

to States) Act, 2017 (Central Act 15 of 2017)

as on the date of such order as referred in

sub-clause (iv) of this clause;

(iv) such excess input tax credit

determined is a result of,-

(a) assessment made in consequence

of or to give effect to, any order of a

Sanctioning Authority or Appellate

Authority or Revisional Authority or of a

Court;

(b) order of an Appellate Authority or

Revisional Authority or Sanctioning

Authority or of a Court;

(v) the dealer is assessed or re-assessed

for all the subsequent years, from the year

in which he has the excess input tax credit

upto the year ending on the 31st day of

March, 2017, before grant of such refund;

and

(vi) the dealer should not have claimed

refund under sub-section (2B) of this

section.”.

3. Amendment of section 18.— In section

18 of the principal Act,—

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

-section shall be substituted, namely:—

“(4) Certificate of registration shall not

be granted to a dealer unless,—

(a) he has declared his Permanent

Account Number, mobile number, e-

mail address in the application for

registration and validated the same in

the manner as may be prescribed; and

(b) he has deposited in the

Government treasury prescribed fee

in the prescribed manner and within

the prescribed time.”;

(ii) for sub-section (10), the following

sub-section shall be substituted, namely:—

“(10) Any registration granted under

the provisions of this Act shall remain

valid until it is cancelled:

Provided that, before passing the order

of cancellation, the dealer shall be given

a reasonable opportunity of being

heard.”;

(iii) after sub-section (10), the following

sub-section shall be inserted namely;

“(10A) Notwithstanding anything

contained in any Order, judgement or

decision of any Authority, Administrative

Tribunal or Court, any dealer who has

failed to renew the registration after the

expiry of validity of registration from the

1st day of April, 2017, shall be deemed

to have valid registration for all the

purposes under this Act:

Provided that no refund or adjustment

of any sum of amount already paid

towards renewal fee, tax, penalty or late

fee due to non-renewal of registration

shall be made.”;

(iv) in sub-section (11), for the expression

“by order cancel his certificate of

registration from such date as may be

specified by him in such order.”, the

expression “by order cancel his certificate

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 47

(EXTRAORDINARY No. 2)

27TH FEBRUARY, 2023

1615

of registration from such date as may be

specified by him in such order and the

dealer shall not be entitled to any benefits

available to a registered dealer under this

Act from date specified in such order.” shall

be substituted.

4. Insertion of new section 69A.— After

section 69 of the principal Act, the following

section shall be inserted, namely:—

“69A. Power of Government to extend

time limit in special circumstances.— (1)

Notwithstanding anything contained in this

Act, the Government may, by notification,

extend the time limit specified in, or

prescribed or notified, under this Act in

respect of actions which cannot be

completed or complied with, due to force

majeure.

(2) The power to issue notification under

sub-section (1) shall include the power to

give retrospective effect to such notification

from a date not earlier than the date of

commencement of this Act.

Explanation.— For the purposes of this

section, the expression “force majeure”

means war, epidemic, flood, drought, fire,

cyclone, earthquake or any other calamity

caused by nature or otherwise affecting

the implementation of any of the provisions

of this Act.”.

Secretariat,

SANDIP JACQUES

Porvorim-Goa.

Secretary to the

Dated: 27-02-2023.

Government of Goa,

Law Department

(Legal Affairs).

——

Notification

7/9/2023-LA

The Goa Municipalities (Amendment) Act,

2023 (Goa Act 10 of 2023), which has been

passed by the Legislative Assembly of Goa

on 18-01-2023 and assented to by the

Governor of Goa on 21-02-2023, is hereby

published for the general information of the

public.

Pooja D. Phadte, Joint Secretary (Law).

Porvorim, 27th February, 2023.

The Goa Municipalities (Amendment)

Act, 2023

(Goa Act 10 of 2023) [21-02-2023]

AN

ACT

further to amend the Goa Municipalities Act,

1968 (Act 7 of 1969).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

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

Act may be called the Goa Municipalities

(Amendment) Act, 2023.

(2) It shall be deemed to have come into

force on the 6th day of October, 2022.

2. Amendment of section 52.— In section

52 of the Goa Municipalities Act, 1968 (Act 7

of 1969), in sub-section (3), after the existing

proviso, the following proviso shall be

inserted, namely:—

“Provided further that notwithstanding

anything contained in this Act or the rules

made thereunder, the election of a

Chairperson and a Vice-Chairperson shall

be taken by show of hands.”.

3. Repeal and savings.— (1) The Goa

Municipalities (Amendment) Ordinance, 2022

(Ordinance No. 3 of 2022) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the Goa

Municipalities Act, 1968 (Act 7 of 1969) as

amended by the said Ordinance, shall be

deemed to have been done or taken under

the principal Act, as amended by this Act.

Secretariat,

SANDIP JACQUES

Porvorim-Goa.

Secretary to the

Dated: 27-02-2023.

Government of Goa,

Law Department

(Legal Affairs).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 47

(EXTRAORDINARY No. 2)

27TH FEBRUARY, 2023

1616

Notification

7/10/2023-LA

The Goa Private Universities (Amendment)

Act, 2023 (Goa Act 11 of 2023), which has

been passed by the Legislative Assembly of

Goa on 18-01-2023 and assented to by the

Governor of Goa on 21-02-2023, is hereby

published for the general information of the

public.

Pooja D. Phadte, Joint Secretary (Law).

Porvorim, 27th February, 2023.

———

The Goa Private Universities

(Amendment) Act, 2023

(Goa Act 11 of 2023) [21-02-2023]

AN

ACT

to amend the Goa Private Universities Act,

2020 (Goa Act 4 of 2020).

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 Private Universities

(Amendment) Act, 2023.

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

the Government may, by Notification in the

Official Gazette, appoint.

2. Amendment of section 3.— In section 3

of the Goa Private Universities Act, 2020 (Goa

Act 4 of 2020) (hereinafter referred to as the

“principal Act”),—

(i) in clause (b), for the expression “own

a land, buildings”, the expression “own or

possess on long term lease basis a land,

buildings” shall be substituted;

(ii) in clause (e), for the words “rupees

two crores” and “rupees ten crores”, the

words “rupees fifty thousand” and “up to

rupees five crores” shall be respectively

substituted.

3. Amendment of section 6.— In section 6

of the principal Act.—

(i) in sub-section (1), in clause (ii), for

the word “own”, the words “own or

possess on long term lease basis” shall be

substituted;

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

years”, the words “five years” shall be

substituted;

(iii) in sub-section (2), the following

proviso shall be inserted, namely:—

“Provided that the Government may,

if it is satisfied that the sponsoring body

could not comply with the provisions of

section 3 within the said period of five

years for reasons stated in writing,

extend the said period by further period

of two years, on the request made by

the sponsoring body for such extension”.

4. Amendment of section 11.— In section

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

the expression “receipt of an affidavit along

with documents from the sponsoring body to

the effect that all conditions referred to in

section 3 have been fulfilled”, the expression,

“after fulfillment of all the conditions under

this Act” shall be substituted.

5. Amendment of section 40.— In section

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

the following sub-section shall be substituted,

namely:—

“(4) The records of the students admitted

to the different courses of the University

and that their results shall be provided to

the Regulatory Authority as and when

required.”.

Secretariat,

SANDIP JACQUES

Porvorim-Goa.

Secretary to the

Dated: 27-02-2023.

Government of Goa,

Law Department

(Legal Affairs).

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