Panaji, 6th April, 2023 (Chaitra 16, 1945)

SERIES I No. 1

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

NOTE

There are four Extraordinary and one Supplement to the Official Gazette, Series I No. 52 dated 30-03-2023 namely:-

1) Extraordinary dated 31-03-2023 from pages 1721 to 1722 from Department of Education, Art and Culture,

Notification regarding date of appointment on which provisions of Goa Private Universities (Amendment) Act, 2023

shall come into force.

2) Supplement dated 31-03-2023 from pages 1723 to 1864 from Department of Environment & Climate Change,

Notification regarding Wetlands (Conservation and Management) Rules, 2017.

3) Extraordinary (No.2) dated 31-03-2023 from pages 1865 to 1874, Notification from Department of Law regarding

Goa Appropriation (Vote on Account) Act, 2023; and date of appointment on which provisions of the Goa Panchayat

Raj (Amendment) Act, 2023 shall come into force, from Department of Panchayati Raj and Community Development.

4) Extraordinary (No. 3) dated 03-04-2023 from pages 1875 to 1878, order regarding revision of processing fees and

notification regarding amendment to schedule of Goa Tax on Infrastructure Act, 2009.

5) Extraordinary (No. 4) dated 05-04-2023 from pages 1879 to 1880, Department of Law, Notification regarding the

Goa Appropriation (No. 2) Act, 2023.

INDEX

Department

Notification

Subject

Pages

Finance

Not.- 1/11/2022-FIN (BUD)

Goa Delegation of Financial Powers (First

(Part)/700

Amendment) Rules, 2023.

2. a. Goa Legislature

LA/LEGN/2023/3542

The Goa Town and Country Planning (Second

Secretariat

Amendment) Bill, 2023.

b. —do—

LA/LEGN/2023/3543

The Goa Municipalties (Amendment) Bill, 2023.

c. —do—

LA/LEGN/2023/3544

The Goa Restriction on Trasnsfer of Agriculture

Land Bill, 2023.

d. —do—

LA/LEGN/2023/3545

The Goa Legislative Diploma No. 2070 dated

15-4-1961 (Amendment) Bill, 2023.

e. —do—

LA/LEGN/2023/3546

The Goa Regularisation of Unauthorized

Construction (Amendment) Bill, 2023.

f. —do—

LA/LEGN/2023/3547

The Goa Highways Law (Revival of Operation,

Amendment and Validation) Bill, 2023.

3. a. Home

Not.- 11/13/91-HD(G)/

Extension of validity period to the Scheme.

/Vol-I/862

b. —do—

Not.- 2/86/82-HD(G)/Part-II

Area of Goa Shipyard Limited declared as a

prohibited area.

Labour

Not.- 22/12/2002-LAB/256

Specification of works under Building and

other Construction workers’ Act, 1996.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

GOVERNMENT OF GOA

Department of Finance

Budget Division

–––

Notification

1/11/2022-FIN(BUD)(Part)/700

In exercise of the powers conferred by

clause (3) of Article 166 of the Constitution of

India, the Governor of Goa hereby makes the

following rules so as to amend the Goa

Delegation of Financial Powers Rules, 2008,

namely:—

1. Short title and commencement.— (1)

These Rules may be called the Goa Delegation

of Financial Powers (First Amendment) Rules,

2023.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of Rule Annexure-I.— In the

Goa Delegation of Financial Powers Rules,

2008, in the Annexure I,—

(i) Under the heading “Object Class 1

(Personnel services and benefits)”, after code

05, the following entities shall be inserted,

namely:—

“06 Outsourcing of DEOs Expenses towards

/Jr. Stenos and Other Hiring of Services for

Services

the Administrative

purpose

Outsourcing of Utility Expenses towards

Attendants

Hiring of Services for

Housekeeping Purpose

(Cleaning office premis-

es premises, Gardening,

Security Purpose etc.)”;

(ii) under the heading “Object Class 2

(Administrative expenses)”.—

(a) before code 11, the following entities

shall be, inserted, namely:—

“08 Maintenance of I.T.

Expenses towards Main-

Equipments

tenance contracts for

Computers and its

peripherals, Xerox/

/Copier

Machines,

Maintenance of Non

Expenses towards

I.T. Equipments/

maintenance of Genera-

Machinery

tor, Inverters, Central

UPS, all Machineries

requiring specialized

Services.

Maintenance of cars

Expenses towards

and other vehicles

overall maintenance

accept expenses for

Petrol, Oil, Lubricants”;

(b) after code 16, the following entries shall

be inserted, namely:—

“17 Refreshment Charges Expenses towards

Refreshment towards

Meetings, Official

Lunch/Dinner etc.

Entertainment/Gift

Expenses

Stationery Expenses

Expenses towards all

office stationery inclu-

ding Computer consu-

mables”;

be inserted, namely:—

“29 Telephone/Mobile

Expenses towards

Charges

Telephone, Internet,

Mobile Charges”

Procurement of I.T.

Expenses towards

Equipments

Procurement of

Computers and its

peripherals, Xerox/

/Copier Machines

Exhibition/Fair

Expenses towards

Expenses

organization of

Exhibition and Fairs

Furniture Expenses

Expenses towards

purchase of Office

Furniture’s

Electricity Charges

Expenses towards

Electricity Charges

Water Charges

Expenses towards

Water Charges”;

(iii) under the heading “Object Class 4

(Grants, etc.)”,—

(a) for the existing entry against Code 31,

the following entry shall be substituted,

namely:—

“31 Grants-in-aid (Non-

Grants given other than

Salaries)

salary purpose

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

33- Schemes/Subsidies

Schemes as well as

subsidies”;

(b) after code 34, the following entry shall

be inserted, namely:—

“35 Grants-in- aid (Salaries) Grants given for

purpose of Salaries”.

By order and in the name of the

Governor of Goa.

Pranab G. Bhat, Under Secretary (Finance

Budget-I).

Porvorim, 24th March, 2023.

———ttt———

Goa Legislature Secretariat

LA/LEGN/2023/3542

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th March, 2023 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 & Country Planning

(Second Amendment) Bill, 2023

(Bill No. 20 of 2023)

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-fourth 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 (Second 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 49.— In section

49 of the Goa Town and Country Planning

Act, 1974 (Act No. 21 of 1975), for the first

proviso, the following proviso shall be

substituted, namely:—

“Provided that no such certificate of

sanction or “no objection” shall be required

to be produced to transfer, assign, limit or

extinguish the right, title or interest in

respect of plot to be acquired through

inheritance in an ancestral property or in

family property by the legal heirs pursuant

to Succession Deed, Inventory proceeding,

Will, family partition/settlement, gift,

governed by the provisions of the Goa

Succession, Special Notaries and Inventory

Proceedings Act, 2012 (Goa Act 23 of 2016)

and the law in force:

Provided further that such development

permission shall be required where sub-

division results in plots in excess of number

of legal heirs.”.

Statement of Objects and Reasons

The Bill seeks to amend sub-section (6) of

section 49 of the Goa Town and Country

Planning Act, 1974 (Act 21 of 1975), so as to

prevent the misuse of exemption from

obtaining certificate of sanction or no

objection for sub-division in case of

inheritance within family resulting in sub-

division of land into multiple plots without

following sub-division standards and

provisions of statutory Plan.

This Bill seeks to control such sub-division

of property by amending sub-section (6) of

section 49 of the said Act, suitably.

Financial Memorandum

No financial implications are involved in

this Bill.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

Memorandum Regarding Delegated

Legislation

Clause 1 (2) of the Bill empowers the

Government to issue Notification for

appointing a date for bringing into force the Act.

This delegation is of normal character.

Porvorim–Goa

VISHWAJIT RANE

28th March, 2023.

Hon’ble Minister for

(TCP)

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa.

Secretary to the Legislative

28th March, 2023.

Assembly of Goa.

______

ANNEXURE

........................................................................................................

Extracts of Section 49 of the Goa Town and

Country Planning Act, 1974

(Act 21 of 1975)

.........................................................................................................

49. Sanction for sub-division of plot or layout of

private street and restriction on registration of

purchase, sale or transfer of immovable property.—

(1) Any person intending to sub-divide his plot or

make or layout a private street, on or after the date

on which a public notice of the preparation of a

Development Plan is published under sub-section

(1) of section 35, shall submit the layout plan

together with the prescribed particulars to the

Planning and Development Authority for sanction.

(2) The Planning and Development Authority may

within the prescribed period, sanction such plan

either with or without modifications and conditions

as it considers expedient or may refuse to give

sanction if it is of the opinion that such sub-division,

making or layout is not in conformity with the

proposals contained in a Development Plan.

(3) When the sanction is granted subject to

conditions or refused, the grounds for imposing such

conditions or such refusal shall be recorded in

writing in the order and such order shall be

communicated to the applicant in the manner

prescribed.

(4) If any person does any work in contravention

of the provisions of sub-section (1) or in

contravention of the modifications and conditions

of the sanction granted under sub-section (2) or

inspite of the refusal of sanction under sub-section

(2), the Planning and Development Authority may

direct such person by notice in writing to stop any

work in progress and after making an inquiry in the

prescribed manner, remove or pull down any work

or restore the land to its original condition.

(5) Any expenses incurred by the Planning and

Development Authority under sub-section (4) shall

be a sum due to the Planning and Development

Authority under this Act from the person in default.

(6) Not withstanding anything contained in any

other law for the time being in force, where any

document required to be registered under the

provisions of sub-section (1) of section 29 of the

Registration Act, 1908, purports to transfer, assign,

limit or extinguish the right, title or interest of any

person, in respect of plots which are not as per

Survey Plan issued by Survey Department or plots

which have no development permissions for such

sub-division from Planning and Development

Authority within a planning area or from the Town

and Country Planning Department within a area

other than planning area, no registering officer

appointed under the Act, shall register any

document, unless the owner of such plot produces

a certificate of sanction or a certificate of “no

objection” from the Planning and Development

Authority exercising jurisdiction in respect of the

planning area or from Chief Town Planner (Planning)

or such officer as may be authorized.

Provided that no such certificate of sanction or

“no objection” shall be required to be produced if

the sub-division of land or the making or layout of

any property results from the right of inheritance

within a family:

Provided further that no such certificate of

sanction or no objection shall be required to be

produced for the purpose of mortgaging immovable

property in favour of any financial institution

notified by the Government by a notification in the

Official Gazette, for the purpose of this Act.

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa.

Secretary to the

28th March, 2023.

Legislative.

______

LA/LEGN/2023/3543

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th March, 2023 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. 1

6TH APRIL, 2023

The Goa Municipalities (Amendment)

Bill, 2023

(Bill No. 19 of 2023)

BILL

further to amend the Goa Municipalities Act,

1968 (Act 7 of 1969).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-fourth 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 come into force at once.

2. Amendment of section 9.— In section 9

of the Goa Municipalities Act, 1968 (Act 7 of

1969) (hereinafter referred to as the “principal

Act”), in sub-section (2), for the word

“Director”, the words “State Election

Commission in consultation with the

Government” shall be substituted.

3. Amendment of section 184.— In section

184 of the principal Act,—

(i) in sub-section (3), for the words

“sixty days”, the words “ fifteen days”

shall be substituted;

(ii) in sub-section (4), for the words “sixty

days”, wherever they occur, the words

“fifteen days” shall be substituted;

(iii) in sub-section (6), for the words “the

person giving notice”, the words “the

permission shall be deemed to have been

granted and the person giving notice” shall

be substituted.

Statement of Objects and Reasons

1. The Bill seeks to amend section 9 of the

Goa Municipalities Act, 1968 (Act 7 of 1969)

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

devolving the powers of delimitation to the

State Election Commission so that elections

to the Municipal Councils are conducted in

a free, fair and transparent manner.

2. The Bill seeks to amend section 184 of

the said Act so as to curtail delay in obtaining

permission for construction of building and

to promote ease of doing business.

3. This Bill seeks to achieve the above

objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

Clause 4 of the Bill empowers the

Government to frame Rules providing for the

manner in which the Municipal Council may

submit its proposal to the Government for

execution of works of public interest in

Municipal area. This delegation is of normal

character.

VISHWAJIT P. RANE

Porvorim, Goa.

Minister for Urban

27th March, 2023.

Development.

Assembly Hall

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

27th March, 2023.

Assembly of Goa.

_______

(Annexure to the Bill No. 19 of 2023)

.............................................................................................................

The Goa Municipalities (Amendment) Bill, 2023

The Goa Municipalities Act, 1968

(Act 7 of 1969)

.............................................................................................................

9. Composition of Councils.— (1) Save as

otherwise provided by this Act, every Council shall

consist of Councillors elected at ward elections;

Provided that—

(1) in every Council, no less than (1/3) seats shall

be reserved for women;

(2) in every Council, seat shall also be reserved

for Scheduled Caste, Scheduled Tribes and Other

Backward Class and for woman belonging to

Scheduled Caste, as the case may be, the Scheduled

Tribes and Other Backward Class as provided in

sub-section (2). The Director shall from time to time

by an order published in the Official Gazette fix for

each municipal area—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

(a) the number of elected Councillors in

accordance with the following table:

(i) ‘A’ class— The minimum number of

elected Councillors shall be 20 and for every

2,500 of the voters in municipal area or part

thereof above 50,000 there shall be one

additional elected Councillors, or however,

that the total number of elected councilors

shall not exceed 25.

(ii) ‘B’ class— The minimum number of

elected Councillors shall be 12 and for every

2,500 voters in municipal area or part thereof

above 10,000 there shall be one additional

elected Councillors, so however, that the total

number of elected Councillors shall not exceed

20.

(iii) ‘C’ class— The number of elected

Councillors shall be 10.

(b) the number of seats, if any, to be reserved

for the Scheduled Castes or Scheduled Tribes so

that such number shall bear, as nearly as may

be, the same proportion to the number of elected

Councillors as the population of the Scheduled

Castes or of the Scheduled Tribes in the

municipal area bears to the total population of

that area and not less than one–third of such

seats shall be reserved for women and such seats

shall be allotted by rotation to different wards in

the Council.

Chairperson in the Council for Scheduled Castes,

the Scheduled Tribes and women so that such

number will bear as nearly as may be, the same

proportion to the number of elected Councillors

as the population of the scheduled Castes,

Scheduled Tribes in the municipal area bears to

the total population of that area and such seats

shall be allotted by rotation to different

constituencies in a Council.

(3) The reservation of seats for Scheduled Castes

and Scheduled Tribes made by an order under sub-

section (2) shall cease to have effect when the

reservation of seats for those Castes and Tribes in

the House of the People ceases to have effect under

the Constitution of India: Provided that nothing in

this sub-section shall render any person elected to

any such reserved seat ineligible to continue as a

Councillor during the term of office for which he

was duly elected by reason only of the fact that the

reservation of seats has so ceased to have effect.

(4) Every order under sub-section (2) shall take

effect for the purposes of the next general election

of the Council immediately following after the date

of the order.

CHAPTER XII

Control over Buildings

184. Notice of construction of building.— (1) The

expression to construct a building throughout this

Chapter includes—

(a) any material alteration, enlargement or

reconstruction of any building, or of any wall

including compound wall and fencing, verandah,

fixed platform, plinth, door step or the like,

whether constituting part of a building or not;

(b) the conversion into a place for human

habitation of any building not originally

constructed for human habitation;

for human habitation of any place originally

constructed as one such place;

(d) the conversion of two or more places of

human habitation into a greater number of such

places;

(e) such alterations of the internal

arrangements of a building, as affect its drainage,

ventilation or other sanitary arrangements, or its

security or stability; and

(f) the addition of any rooms, buildings, or

other structures to any buildings, and a building

so altered, enlarged, recons-tructed, converted

or added to, is throughout this Chapter included

under the expression a new building.

(2) Before beginning to construct any building,

the person intending so to construct shall give to

the Chief Officer notice thereof in writing and shall

furnish to him at the same time, if required by a

bye-law or by a special order to do so, a plan

showing the levels, at which the foundation and

lowest floor of such building are proposed to be

laid, by reference to some level known to the Chief

Officer, and all information required by the bye-

laws or demanded by the Chief Officer regarding

the limits, design, ventilation and materials of the

proposed building, and the intended situation and

construction of the drains, privies, waterclosets,

house-gullies and cess-pools, if any, to be used in

connection therewith, and the location of the

building with reference to any existing or projected

streets, the means of access to such building and

the purpose for which the building will be used:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

Provided that, if the bye-laws of the Council so

require, such notice shall be in such form as the

Council may from time to time prescribe and such

plans shall be signed by a person possessing the

qualifications laid down in the bye-laws or licensed

under the bye-laws so to sign such plans.

(3) If the person giving notice under sub-section

(2) fails to—

(i) furnish all the information and documents

required under sub-section (2); or

(ii) the Chief Officer deems it necessary to call

for any further information or documents, the

Chief Officer shall, within sixty days of the receipt

of the notice, require such person by an order in

writing to furnish such information or documents.

(4) Within sixty days of the receipt by the Chief

Officer of the notice under sub-section (2), or if any

further information and documents have been

called for under sub-section (3) then within sixty

days of the receipt of all such further information

and documents, the Chief Officer may—

(a) grant the necessary permission to construct

according to the plans and information furnished

under sub-section (2) and sub section (3);

(b) impose any conditions in accordance with

this Act or the rules and bye-laws made

thereunder, as to the level, drainage, sanitation,

materials or to the number of storeys to be

erected, or with reference to the location of the

building in relation to any street existing or

projected or to the means of access to such

building on the purpose for which the building

is to be used;

with unless and until all questions connected

with the respective location of the building or

street have been decided to his satisfaction;

(d) subject to the provisions of the next

succeeding section, refuse such permission for

reasons which shall be communicated to the

applicant in writing.

(5) The Council may, before any work has been

commenced in pursuance of any permission

granted by the Chief Officer under sub section (4),

revoke such permission and may give fresh

permission in lieu thereof or issue any other order

as may be passed by the Chief Officer under sub-

section (4).

(6) If the Chief Officer fails to issue an order

under clause (c) or (d) of sub-section (4) within the

period prescribed in that sub-section, the person

giving notice under sub-section (2) shall, after the

expiry of the said period, be entitled to proceed

with the work in respect of which such notice has

been given under sub-section (2), in the manner

specified in such notice, provided that such manner

is not inconsistent with any provision of this Act or

any rule or bye-law for the time being in force

thereunder.

(7) No person who becomes entitled under sub-

section (4), (5) or (6) to proceed with any intended

work of which notice is required by sub section (2),

shall commence such work after the expiry of the

period of one year from the date on which he first

became entitled so to proceed therewith, unless he

shall have again become so entitled by a fresh

compliance with the provisions of sub-sections (2)

to (6).

(8) If any person begins any construction of a

building of which notice is required to be given

under sub-section (2)— (i) without the permission

of the Chief Officer under sub-section (4) or of the

Council under sub-section (5), save as otherwise

provided under sub-section (6); or (ii) having

received permission under clause (a) of sub-section

(4), contrary to the plans and information furnished

under sub-sections (2) and (3); or (iii) having

received permission under clause (b) of sub-section

(4), contrary to the conditions imposed under that

clause or contrary to the plans and information

submitted under sub-sections (2) and (3) in so far as

such plans and information are not modified by

such conditions; or (iv) contrary to the provisions of

sub-section (6), when construction is begun under

that sub-section, the Chief Officer may, by a written

notice, require such person to stop such

construction and to alter or demolish any

construction already made as specified in the

notice. If, within fifteen days from the service of

such notice for demolishing any such construction,

the work of demolishing it is not commenced, the

Chief Officer may cause such work to be done and

the expenses incurred therefor shall be recoverable

from the person concerned in the same manner as

an amount due on account of a property tax.

(9) Any person who fails to comply with the

notice issued by the Chief Officer under sub-section

(8), shall, on conviction, be punished with fine

which may extend to fifteen thousand rupees.

(10) The Court convicting such person may also

direct such person to demolish or alter the building

in accordance with the order of the Chief Officer or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

in such other manner as the Court may deem proper

and within the period specified by the Court. If

such person fails to demolish or alter the building

within the period specified by the Court, or in the

manner required by the Court, he shall, on

conviction, be punished with further fine which

may extend to one hundred rupees for every day

after the expiry of the period for compliance

specified by the Court in its order during which

such non-compliance continues.

(11) Nothing in sub-section (8) or (10) shall be

deemed to affect the power of the Council or the

Chief Officer to demolish or alter the building under

section 190.

(12) The Chief Officer may, at any time, inspect

without giving notice of his intention to do so, any

work of which notice is required by sub-section (2);

and at any time during the execution of any work

may, by written notice, specify any matter in respect

of which the execution of such work is in

contravention of any provision of this Act or of any

bye-laws made under this Act or of any order passed

under this section; and require the person executing

such work to cause anything done contrary to any

such provision or bye-laws or order to be amended

or to do anything which by any such provision or

bye-law or order he is required to do but which has

been omitted.

(13) Any person aggrieved by an order of the

Chief Officer made under sub-section (8) may prefer

an appeal against the order to the Appellate

Tribunal within the period specified in the order

for the demolition of the construction or work to

which it relates.

(14) Where an appeal is preferred under sub-

section (13) against the order of demolition, the

Appellate Tribunal may, subject to the provisions of

sub-section (3) of section 184 C, stay the

enforcement of that order on such terms, and for

such purpose, as it may think fit: Provided that

where the erection of any building or execution of

any work has not been completed at the time of the

making of the order of demolition, no order staying

the enforcement of the order of demolition shall be

made by the Appellate Tribunal unless security

sufficient in the opinion of the said Appellate

Tribunal has been given by the appellant for not

proceeding with such erection or work pending

the disposal of the appeal.

(15) Subject to any order may by the Government

on appeal under section 184 D, every order made

by the Appellate Tribunal on appeal under this

section, and subject to the orders of the Government

and the Appellate Tribunal on appeal, the order of

demolition made by the Chief Officer shall be final.

(16) Where no appeal has been preferred against

an order of demolition made by the Chief Officer

under sub-section (8) or where an order of demolition

made by the Chief Officer under that sub-section

has been confirmed on appeal, whether with or

without variation, by the Appellate Tribunal in a

case where no appeal has been preferred against

the order of the Appellate Tribunal, and by the

Government in a case where an appeal has been

preferred against the order of the Appellate

Tribunal, the persons against whom the order has

been made shall comply with the order within the

period specified therein, or as the case may be,

within the period, if any, fixed by the Appellate

Tribunal or Government on appeal and on the

failure of the person to comply with the order within

such period, the Chief Officer may himself cause

the erection or the work to which the order relates

to be demolished and the expenses of such

demolition shall be recoverable from such person

as an amount due on account of property tax.

(17) If an order made by the Chief Officer under

sub-section (8) directing any person to stop the

construction is not complied with, the Chief Officer

may in addition to any other action that may be

taken under this Act, may require any Police Officer

to remove such person or his assistants and

workmen from the premises or to seize any

construction material, tool, machinery, scaffolding

or other things used in the construction within

such time as may be specified in the requisition

and such Police Officer shall comply with the

requisition accordingly.

(18) Any of the things caused to be seized by the

Chief Officer shall be disposed off by him in the

manner specified in section 156.

(19) After the requisition under sub-section (18)

has been complied with, the Chief Officer may, if he

thinks fit, depute by a written order, a Police Officer

or a Municipal Officer or other Municipal employee

to watch the premises in order to ensure that the

construction is not continued.

(20) Where a Police Officer or a Municipal Officer

or other Municipal employee has been deputed

under sub-section (19) to watch the premises, the

cost of such deputation shall be paid by the person

at whose instance such construction is being

continued or to whom notice under sub-section (8)

was given and shall be recoverable from such

person as an amount due on account of a property

tax].

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SERIES I No. 1

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(21) Notwithstanding anything contained in any

other provisions of this Act, the Chief Officer may,

subject to the recommendation of the Council,

regularize any construction in respect of which no

notice as required under sub-section (2) has been

given, on payment of a fine equivalent to the fees

and taxes payable in respect thereof from the date

of commencement of such construction, provided

that such construction is as per the building bye-

laws and complies with the provisions of any other

law for the time being in force.

Assembly Hall,

NAMRATA ULMAN

Porvorim–Goa.

Secretary, Legislature.

——–––

LA/LEGN/2023/3544

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th March, 2023 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 Restrictions on Transfer of

Agriculture Land Bill, 2023

(Bill No. 18 of 2023)

BILL

to impose restrictions on the transfer of

certain agricultural lands 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-fourth Year of the

Republic of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Restriction

on Transfer of Agricultural Land Act, 2023.

(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, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,-

(a) “agriculture” means cultivation of

paddy;

(b) “agriculturist” means a person who

cultivates agricultural land personally;

which is presently being used for cultivation

of paddy but does not include the land

which is earmarked for the use or purpose,

partly or fully, other than agriculture in any

plan prepared under the Goa Town and

Country Planning Act, 1974 (Act 21 of

1975);

(d) “Collector” means the Collector as

defined in clause (7) of section 2 of the Goa

Land Revenue Code, 1968 (Act No. 9 of

1969);

(e) “Government” means the Govern-

ment of Goa;

(f) “Mamlatdar” means a person

appointed as a Mamlatdar by the

Government and includes a Joint

Mamlatdar;

(g) “prescribed” means prescribed by

rules made under this Act;

(h) “to cultivate land personally” means

to cultivate land on one’s own account,-

(i) by one’s own labour; or

(ii) by the labour of any member of

one’s family; or

(iii) by a servant on wages payable in

cash or kind but not in crop share, or

by hired labour, under one’s personal

supervision or the personal supervision

of any member of one’s family;

(iv) “Tribunal” means the Administra-

tive Tribunal constituted under the Goa

Administrative Tribunal Act, 1965 (Act

No. 6 of 1965).

3. Restriction on transfer of agricultural

land.— (1) No person who owns or occupies

or in possession of an agricultural land shall

transfer such land by way of sale (including

sale in execution of a decree of a Civil Court

or for recovery of arrears of land revenue or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

for sums recoverable as arrears of land

revenue), gift, exchange, lease or by any

other mode of transfer, in favour of a person

other than an agriculturist:

Provided that the Collector may on an

application made in a prescribed form grant

permission to transfer such land to a person

other than Agriculturist in any of the following

circumstances, namely:—

(a) the land is required for purpose of

agriculture by industrial or commercial

undertaking in connection with any

industrial or commercial operations carried

on by such undertaking;

(b) the land is required by a co-operative

farming society;

Collector, the Collector is satisfied that the

land is required for cultivating it personally

by a person, who, not being an

agriculturist, intends to take up agriculture

and is capable of cultivating land

personally,

(d) in such other circumstances as may

be prescribed:

Provided further that the person referred

at clause (c) above shall take up agriculture

on such land within a period of three years

from the date of acquisition of such land

and continue to carry thereon agriculture,

failing which, such land shall vest in the

Government, upon expiry of three years

from the date of abandonment or

discontinuation of such activity.

(2) No person who owns or occupies or in

possession of any agricultural land shall use

or allow it to be used for any purpose other

than agriculture, except by following due

procedure laid down under any law in force.

(3) Any transfer of an agricultural land in

contravention of the provisions of sub-section

(1) shall be null and void and non-est in the

eyes of law and shall not confer any right or

title to or interest in such agricultural land in

favour of the transferee.

(4) If any question arises as to whether

any land is an agricultural land or not, the

Mamlatdar of the respective jurisdiction shall

after holding such inquiry as deemed fit by

him decide such question.

4. Act not to apply in certain cases.— The

provisions of this Act shall not apply to,-

(i) a mortgage of agricultural land for

raising loan for effecting any improvement

to the agricultural land;

(ii) an acquisition of right to agricultural

land by inheritance;

(iii) transfer of agricultural land by

operation of law; and

(iv) transfer of agricultural land in favour

of Government for any Government project.

5. Penalty.— Whoever contravenes the

provisions of section 3 by transferring the

agricultural land, the transferor as well as

the transferee each of them shall be punished

with fine equivalent to market value of such

land to be determined as per the rates fixed

by the Government for such land.

6. Forfeiture of land transferred in

contravention of section 3.— (1) Where in

respect of the transfer of any land, the

Collector suo moto or on the application of

any person has reason to believe that such

transfer is in contravention of section 3, he

shall issue notice to the transferor and the

transferee to show cause as to why the

transfer should not be declared to be in

contravention of said section 3, and shall also

hold an inquiry to decide whether the transfer

is in contravention of said section 3 or not.

(2) If, after holding such inquiry, the

Collector declares that the transfer to be in

contravention of section 3, the land in respect

of which such contravention has taken place

shall be deemed to be forfeited to the

Government without the payment of any

compensation.

(3) Notwithstanding anything contained in

sub-sections (1) and (2) hereinabove, all

transfers made in contravention of section 3

shall be void ab initio.

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7. Procedure in inquiries.— (1) All inquiries

and proceedings under this Act shall be

conducted by the Collector or such officer

not below the rank of Mamlatdar as authorized

by the Government by Notification in the

Official Gazette and in such manner as

prescribed.

(2) Every decision of the Collector or officer

stated in sub-section (1) shall be recorded in

the form of an Order and shall state the

reasons for such a decision.

8. Appeal and Revision.— (1) An appeal

shall lie from every original order, other than

an interim order, passed under this Act.-

(i) if such an order is passed by the

Mamlatdar, to the Collector;

(ii) if such an order is passed by the

Collector, to the Tribunal.

(2) No appeal shall lie against any order

except as provided under sub-section (1)

above.

(3) Any person, who is aggrieved by any

final order passed under sub-section (1) may,

within thirty days from the date of such final

order of the Collector or the Tribunal, file a

revision before the High Court;

(4) A revision application filed before the

High Court shall be heard by a bench

consisting of not less than two judges.

9. Bar of jurisdiction.— No Civil Court shall

have jurisdiction to entertain, try, settle,

decide or deal with any question which is by

or under this Act, required to be settled,

decided or dealt with by the Collector or the

officer stated in section 8 or the Tribunal.

10. Protection of action taken under this

Act.— (1) No suit, prosecution or other legal

proceedings shall lie against any person for

anything which is in good faith done or

intended to be done under this Act or any

rules made thereunder.

(2) No Suit or other legal proceeding shall

lie against the Government for any damage

caused or likely to be caused or any injury

suffered or likely to be suffered by virtue of

any provision contained in this Act or any

rules made thereunder or by anything in good

faith done or intended to be done in

pursuance of this Act or any rules made

thereunder.

11. Limitation and court fees.— (1) Every

appeal under this Act shall be filed within a

period of thirty days from the date of the order

of the Collector or the officer stated in section

8, as the case may be, and the provisions of

section 4, 5,12 and 14 of the Limitation Act,

1963 (Act 36 of 1963), shall apply to the filing

of such appeal.

(2) Notwithstanding anything contained in

the Court Fees Act, 1870 (7 of 1870), as in

force in the State of Goa, every appeal or

application made under this Act to the

Collector or authorized officer or to the

Tribunal shall bear a court fee stamp of

rupees fifty and every revision Application

filed before the High Court shall bear a court

fee stamp of rupees one hundred and fifty.

12. Power to make rules.— The Govern-

ment may, by notification in the Official

Gazette, make rules for the purpose of

carrying out the provisions of this Act.

13. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to any of the

provisions of this Act, the Government may,

by order, published in the Official Gazette,

make such provisions not inconsistent with

the provisions of this Act as may appear to it

to be necessary for removing the difficulty:

Provided that no such order shall be made

under this section after the expiry of three

years from date of the commencement of

this Act.

(2) Every order made under this section

shall be laid as soon as may be after it is

made, before the Legislative Assembly of Goa.

Statement of Objects and Reasons

The Bill seeks to impose restrictions on the

transfer of certain agricultural lands in the

State of Goa so as to preserve and protect

the land which is presently being used for

cultivation of paddy.

This Bill seeks to achieve above objects.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum regarding delegated Legislation

Clause 1(3) of the Bill seeks to empower

the Government to appoint the date for

bringing into force the Act by Notification in

the Official Gazette.

Clause 3 of the Bill seeks to empower the

Government to frame rules to specify

circumstances in which the Collector may

grant permission to transfer agricultural land

to a person other than agriculturist.

Clause 7 of the Bill seeks to empower the

Government to frame rules to specify the

manner for conducting the inquiries and

Proceedings.

Clause 12 of the Bill empowers the

Government to make rules for carrying out

all or any of the provisions of the Act.

Clause 13 of the Bill seeks to empower the

Government to issue an Order for the purpose

of removing any difficulty which may arise in

giving effect to the provisions of the Act

These delegations are of normal character.

Porvorim, Goa.

ATANASIO MONSERRATE

28th March, 2023.

Minister for Revenue.

NAMRATA ULMAN

Assembly Hall,

Secretary to the

Porvorim, Goa.

Legislative Assembly.

______

LA/LEGN/2023/3545

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th March, 2023 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 Legislative Diploma No. 2070

dated 15-04-1961

(Amendment) Bill, 2023

(Bill No. 17 of 2023)

BILL

further to amend the Legislative Diploma

No. 2070 dated 15-4-1961, in its application

to the State of Goa.

Be it enacted by the Legislative Assembly

of Goa in the Seventy-fourth Year of the

Republic of India as follows:—

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

Act may be called the Goa Legislative

Diploma No. 2070 dated 15-4-1961 (Amend-

ment) Act, 2023.

(2) It shall come into force at once.

2. Amendment of article 39.— In article 39

of the Legislative Diploma No. 2070 dated

15-4-1961 (herein after referred to as the

“Principal Code”), for the words “Prescribed

in this Code,” the words “Prescribed in this

Code and rules framed thereunder” shall be

substituted.

3. Amendment of article 50.— For article

50 of the Principal Code, the following article

shall be substituted, namely:—

“Art. 50-An outgoing member of the

managing committee of the comunidade

shall be eligible for re-election.”

4. Amendment of article 70.— In article 70

of the Principal Code,—

(i)in clause (i), the following proviso shall

be inserted namely:—

“Provided that during the pendency

of such inquiry, the Government may if

it is found expedient, suspend such

committee and appoint an Officer of the

Government to take charge of the affairs

of such Comunidade till the completion

of such inquiry.”;

(ii) in clause 3, for the expression “and

shall pay the fine of Rs. 50/-”, the expression

“and each such member shall pay the fine

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

of Rs. 10,000/- (Rupees ten thousand only)”

shall be substituted.

5. Amendment of article 327.— In article

327 of the Principal Code, for the expression

“5 meters”, the words “ten meters”, shall be

substituted.

6. Amendment of article 334-A.— In article

334-A of the Principal Code,-

(i) in clause (vii), for the words “Landless

Jonoeiros”, the words “Landless Jonoeiro

of the concerned Comunidade” shall be

substituted;

(ii) in the seventh proviso, for the

expression “Rs. 3,50,000/-” the expression

“Rs. 15,00,000/-’’ shall be substituted;

(iii) in the Explanation 1, after the words

“owns a plot of land or house”, expression

“or an undivided share in ancestral

property which, on the date of making

application for grant of land, has been

separately allotted share either in family

partition or Settlement or allotted through

Court proceedings or otherwise” shall be

inserted.

(iv) after Explanation 2, the following

explanation shall be inserted, namely:—

“Explanation 3.— An applicant falling

under clause (vii) above shall support his

application by a certificate issued by the

concerned Comunidade duly countersigned/

attested by the Administrator of the

concerned zone certifying that he is a jonoeiro

of such Comunidade”.

7. Insertion of new article 334-C:- After

article 334–B of the Principal Code, the

following article shall be inserted, namely:—

“Art. 334-C— Notwithstanding anything

contained in this Code, the Government

may with the prior consent of the concerned

Comunidade, grant land by way of long

lease for any public purpose, for such period

and on such terms and conditions as it may

deem fit, to any Government Department,

Government undertaking, or statutory body

constituted by Government.

8. Insertion of new articles.— After article

339 of the Principal Code, the following

articles shall be inserted, namely:—

Art. 339-A The Comunidade may entrust

the work of development of land, to any

private agency, by public auction and/or

by inviting bids subject to the approval of

the Government so that it can grant sub-

divided plots of land as per the provisions

of this Code.

Article 339-B “The immovable properties

belonging

and

vesting

the

Administrator of Comunidades in the North,

Central and South Zones shall be

considered as deemed to be covered by

the provisions of the Goa Public

Premises (Eviction

Unauthorised

Occupants) Act, 1988 (Goa Act No. 22 of

1988) and shall be considered as public

premises within the said Act for the

purposes of the said Act”.

Statement of Objects and Reasons

The Bill seeks to amend the Legislative

Diploma No. 2070 dated 15-4-1961 so as to

streamline the process of election of the

members of the Managing Committee of the

Comunidade, provide for development of land

by private agency and this Bill seeks to

achieve the above objects to effectively regulate

the process of grant of land by the Comunidades.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum regarding delegated Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim, Goa.

ATANASIO MONSERRATE

28th March, 2023.

Minister for Revenue.

NAMRATA ULMAN

Assembly Hall,

Secretary to the

Porvorim, Goa.

Legislative Assembly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

LA/LEGN/2023/3546

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th March, 2023 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 Regularisation of Unauthorized

Construction (Amendment) Bill, 2023

(Bill No. 16 of 2023)

BILL

further to amend the Goa Regularisation of

Unauthorized Construction Act, 2016 (Goa

Act 20 of 2016).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-fourth Year of the

Republic of India as follows:-

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

Act may be called the Goa Regularisation of

Unauthorized Construction (Amendment)

Act, 2023.

(2) It shall be deemed to have come into

force on the 6th day of March, 2023, except

section 3 which shall be deemed to have

come into force on the 24th day of June, 2016.

2. Amendment of section 3.— In section 3

of the Goa Regularisation of Unauthorized

Construction Act, 2016 (Goa Act 20 of 2016)

(hereinafter referred to as the “principal Act”),—

(i) in sub-section (1), before the existing

provisos, the following proviso shall be

inserted, namely:—

“Provided that no such written

consent as referred to in clauses (a) and

is divided/allotted between all co-

owners or members of family/families by

an order or decree of the Court in any

proceedings or by any registered Deed

or instrument”;

(ii) for sub-sections (6), (7) and (8), the

following sub-sections shall be substituted,

namely:—

“(6) The authorised officer shall not

entertain an application or proceed with

regularisation process of unauthorized

construction

where

the

title

ownership of any property/land upon

which unauthorized construction has

been carried out, is subject matter of a

dispute before any Court, Tribunal or any

Statutory Authority and such Court,

Tribunal or Statutory Authority has

passed an injunction or granted status

quo or any prohibitory order against

such property/land or construction.

(7) Where the title or ownership of any

property/land upon which unauthorized

construction has been carried out, is

subject matter of a dispute before any

Court, Tribunal or any Statutory

Authority but no such injunction or

status quo or any prohibitory order is

granted against such property/land or

construction by such Court, Tribunal or

Statutory Authority and the authorised

officer passes any order of regularization

of unauthorized construction under this

Act, such order shall be subject to the

decision of such Court or Tribunal or

Statutory Authority.

(8) Notwithstanding anything contai-

ned in the relevant Act or in any contract,

judgment, decree or order of any Court

or any Statutory Authority or any

instrument having the force of law, the

authorized officer may, entertain an

application under sub-section (1) and

pass an order of regularisation of

unauthorized construction under this Act

and upon passing of such order of

regularisation of unauthorized construc-

tion, such unauthorized construction

shall be deemed to have been regularised

under the relevant Act.”.

3. Substitution of section 7.— For section 7

of the principal Act, the following section shall

be substituted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

“7. Appeals.— (1) Any person aggrieved

by an order passed by the authorised officer

may prefer an appeal to the Government.

(2) Every appeal under this Act shall be

filed within a period of sixty days from the

date of the order of the authorised officer

and the provisions of sections 4, 5, 12 and

14 of the Limitation Act, 1963 (Central Act

36 of 1963), shall apply to the filing of such

appeal”.

4. Validation.— Notwithstanding anything

contained in any judgment, decree or order

of any Court, any appeal entertained by the

Government after expiry of the period of sixty

days by condoning the delay in filing of such

appeal, before the 6th day of March, 2023,

shall be deemed to have been validly

entertained in accordance with the provisions

of section 7 of the principal Act as amended

by this Act.

5. Repeal and saving.— (1) the Goa

Regularisation of Unauthorized Construction

(Amendment) Ordinance, 2023 (Ordinance

No. 1 of 2023) is here by repealed.

(2) Nothwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said ordinance, shall

be deemed to have been done or taken under

the principal Act, as amended by this Act.

Statement of Objects and Reasons

The Bill seeks to insert a proviso in sub-

section (1) of section 3 of the Goa Regularisa-

tion of Unauthorized Construction Act, 2016

(Goa Act 20 of 2016) (hereinafter referred to

as the “said Act”) so as to do away the

requirement of written consent as referred to

in clauses (a) and (c) of sub-section (1) of

section 3 of the said Act where the property/

land is divided/allotted between all co-

owners or members of family/families by an

order or decree of the court or by a registered

Deed or instrument.

The Bill also seeks to substitute sub-sections

(6), (7) and (8) of section 3 of the said Act so

as to not allow Regularisation of Unauthorized

Construction where the title or ownership of

any property/land upon which Unauthorized

Construction has been carried out, is subject

matter of a dispute before any Court, Tribunal

or any statutory Authority.

The Bill also seeks to substitute sections 7

of the said Act so as to make applicable

certain provisions of the Limitation Act, 1963

(Central Act 36 of 1963) to the appeals made

under the said Act.

The Bill also seeks to replace the Goa

Regularisation of Unauthorized Construction

(Amendment) Ordinance, 2023 (Ordinance

No. 1 of 2023) promulgated by the Governor

on 6th March, 2023.

This Bill seeks to achieve above objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum regarding delegated Legislation

No delegated Legislation is envisaged in

this Bill.

Assembly Hall,

ATANASIO MONSERRATE

Porvorim-Goa.

Minister for Revenue.

28th March, 2023.

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa

Secretary to the Legislative

28th March, 2023.

Assembly of Goa.

........................................................................................................

Extract of sub-section (1) of Section 3 & 7 of

The Goa Regularisation of Unauthorized

Construction Act, 2016 (Goa Act 20 of 2016).

........................................................................................................

3. Regularisation of unauthorized construction.—

(1) Any person who has carried out unauthorized

construction in the property specified herein below

before the 28th day of February, 2014, may make an

application in Form I hereto together with

application fee in the form of Court fee stamp of

rupees five, documents specified in Schedule I

hereto, sketch of the structure proposed to be

regularised alongwith dimensions to the officer as

may be authorised by the Government by

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

Notification in the Official Gazette, not below the

rank of Junior Scale Officer of Goa Civil Service, for

regularisation of such unauthorized construction,

within a period of 180 days from the date of coming

into force of this Act:

(a) any residential, commercial or residential

cum commercial unauthorised construction in

applicants own property or by the applicant who

is co-owner, with written consent of all other co-

owners thereto, in a property jointly held by the

applicant with such co-owners.

(b) any unauthorized construction of a

dwelling house by the applicant who is declared/

/registered as mundkar under the provisions of

the Goa, Daman and Diu Mundkars (Protection

from Eviction) Act, 1975 (Act No. 1 of 1976) or a

farm house constructed by the applicant who is

tenant or owner of an agricultural land.

applicant in undivided property jointly held by

a unit of family or families, with written consent

of all other members of the family/families.

(d) any unauthorized construction carried out

by an institution or a person other than an

individual in its property.

(e) any unauthorized construction carried out

by the applicant, in a property wholly owned by

another person with the consent of such person.

Provided that the person who could not make

application within above period may make such

application within a period of 30 days (thirty

days) from the date of coming into force of the

Goa Regularisation of unauthorised Construc-

tion (Amendment) Act, 2018.

“Provided for the that the person who could

not make aplication within the period as specified

in the first proviso may make such application

within a period of 90 days (Ninety days) from the

date of coming into force of the Goa

Regularaisation of Unauthorised Construction

(Amendment) Act, 2023.

Section: 7. Appeals.— any person aggrieved

by an order passed by the authorised officer may

prefer an appeal to the Government within a

period of 60 (sixty days) from the date of passing

of such order.

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa.

Secretary Legislature.

LA/LEGN/2023/3547

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 28th March, 2023 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 Highways Law (Revival of

Operation, Amendment & Validation)

Bill, 2023

(Bill No. 22 of 2023)

BILL

to revive the Operation of the Goa Highways

Act, 1974 (Act 10 of 1974).

Be it enacted by the Legislative Assembly

of Goa in the Seventy-fourth Year of the

Republic of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa Highways

Law (Revival of Operation, Amendment and

Validation) Act, 2023. (2) It shall extend to

the whole of the State of Goa.

(2) It shall be deemed to have come into

force on the 26th day of September, 2013.

2. Revival of operation.— (1) All the

provisions of the Goa Highways Act, 1974 (Act

10 of 1974) (hereinafter referred to as the

“1974 Act”), except the provisions relating

to the determination of compensation for

acquisition of land, shall stand revived with

effect on and from the 26th day of September,

2013.

(2) All rules, notifications, notices, orders,

directions issued or any other proceedings

initiated under the 1974 Act, except those

relating to determination of compensation for

acquisition of land, which were in force

immediately before the 26th day of

September, 2013 shall, for all purposes, be

deemed to have been revived on and from

the 26th day of September, 2013.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

(3) The provisions relating to the determina-

tion of compensation as specified in the First

Schedule of the Right to Fair Compensation

and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013

(Central Act 30 of 2013) shall apply to the

land acquisition proceedings under the 1974

Act:

Provided that, in the event the land has

been acquired under the Policy on

Procurement of land under Right to Fair

Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement

Act, 2013 for Direct Procurement of land to

set up public purposes projects on priority

basis, the provisions of sub-section (3) shall

not apply to such acquisition.

(4) Save as otherwise provided in this Act,

the provisions of the Right to Fair

Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement

Act, 2013 (Central Act 30 of 2013) shall cease

to apply to any land which is required for the

purpose specified in sub-section (1) of section

15 of the 1974 Act and any such land shall

be acquired by the Government only in

accordance with the provisions of the 1974 Act.

3. Amendment of section 2.— In section 2

of the 1974 Act,—

(i) for clause (h), the following clause

shall be substituted, namely:—

“(h)

Government”

means

the

Government of Goa;”;

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

shall be substituted, namely:—

“(kk) “land” includes benefits to arise

out of land, and things attached to the

earth or permanently fastened to

anything attached to the earth;”;

(iii) after clause (p), the following clause

shall be inserted, namely:—

“(pp) “person interested” means— (i)

all persons claiming an interest in

compensation to be made on account of

the acquisition of land under this

Act;

(ii) the Scheduled Tribes and other

traditional forest dwellers, who have lost

any forest rights recognised under the

Scheduled Tribes and Other Traditional

Forest Dwellers (Recognition of Forest

Rights) Act, 2006 (Central Act 2 of 2007);

(iii) a person interested in an easement

affecting the land;

(iv) persons having tenancy rights

under the relevant State laws including

share-croppers by whatever name they

may be called; and

(v) any person whose primary source

of livelihood is likely to be adversely

affected;”;

(iv) after clause (r), the following

clause shall be inserted, namely:—

“(rr) “Special Land Acquisition

Officer” means any person or authority

authorised by the Government, by a

notification in the Official Gazette, to

perform the functions of the Special

Land Acquisition Officer for such area

or areas, as may be specified in such

notification;”;

(v) clause (t) shall be omitted.

4. Amendment of section 16.— In section

16 of the 1974 Act, after the words “cause

the land to be marked out” the expression

“in the presence of the Special Land

Acquisition Officer” shall be inserted.

5. Substitution of section 17.— For section

17 of the 1974 Act, the following section shall

be substituted, namely:—

“17. Public Notice and other notices of

such requirements for acquisition.— (1) The

Special Land Acquisition Officer shall then

cause a public notice to be given at

convenient places on or near such land

stating that the Government intends to take

possession of the land, or, as the case may

be, to extinguish any right or interest in

the land and that claims to compensation

for all interest in such land, or any right or

interest in land to be extinguished may be

made to the Special Land Acquisition

Officer.

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SERIES I No. 1

6TH APRIL, 2023

(2) Such notice shall state the particulars

of the land so needed or right or interest in

land to be extinguished and shall require

all persons interested in the land or in the

right or interest to be extinguished to

appear personally or by an agent before

the Special Land Acquisition Officer, at the

time mentioned therein (such time not

being earlier than fifteen days after the date

of publication of the notice) and to state

the nature of their respective right or

interest in the land, or, as the case may be,

in the right or interest to be extinguished

and the amount and the particulars of their

claims to compensation for such right or

interest or both and their objections, if any,

to the measurements made under section

16. The Special Land Acquisition Officer

may, in any case, require such statement

to be made in writing and signed by the

party or his agent.

(3) The Special Land Acquisition Officer

shall also serve notice to the same effect

on the occupier of such land and on all

such persons known or believed to be

interested therein or to be entitled to act

for persons so interested, as reside or have

agents authorised to receive service on

their behalf, within the district in which

the land is situated.

(4) In case any person so interested

resides, elsewhere, a notice shall be served

in the manner provided in section 71.”.

6. Amendment of section 18.— In section

18 of the 1974 Act, in sub-section (1), for the

words “The Highway Authority or the officer

authorised by it”, the words “The Special

Land Acquisition Officer” shall be substituted.

7. Substitution of section 19.— For section

19 of the 1974 Act, the following section shall

be substituted, namely:—

“19. Taking possession of land.— (1)

Upon pronouncement of the award by the

Special Land Acquisition Officer, the land

shall vest absolutely in the Government free

from all encumbrances.

(2) Where any land has been vested in

the Government under sub-section (1), and

the amount determined by the Special Land

Acquisition Officer with respect to such

land has been deposited under section 39,

the Special Land Acquisition Officer may

by notice in writing direct the owner as

well as any other person who may be in

possession of such land to surrender or

deliver possession thereof to any person

duly authorised by it in this behalf within

sixty days of the service of the notice.

(3) Where the land has been vested in

the Government under sub-section (1), it

shall be lawful for any person authorised

by the Highway Authority in this behalf, to

enter and do such other act necessary

upon the land for carrying out the building,

maintenance, management or operation of

a highway or a part thereof, or any other

work connected therewith.”.

8. Insertion of new section 19A.— After

section 19 of the 1974 Act, the following

section shall be inserted, namely:—

“19A. Special powers to acquire land in

case of urgency in certain cases.— In case

of urgency, whenever the Government so

directs, the Special Land Acquisition

Officer, though no such award has been

made, may, on the expiration of thirty days

from the publication of the notice

mentioned in section 17, take possession

of any land needed for a public purpose

and such land shall thereupon vest

absolutely in the Government, free from all

encumbrances.

(2) The powers of the Government under

sub-section (1) shall be restricted to the

minimum

area

required

for

any

emergencies arising out of natural

calamities or any other emergency, with

the approval of the Government.

Provided

that

the

Special

Land

Acquisition Officer shall not take possession

of any building or part of a building under

this section without giving to the occupier

thereof at least forty-eight hours notice of

his intention to do so, or such longer notice

as may be reasonably sufficient to enable

such occupier to remove his movable

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SERIES I No. 1

6TH APRIL, 2023

property from such building without

unnecessary inconvenience.

(3) Before taking possession of any land

under this section, the Special Land

Acquisition Officer shall tender payment of

eighty percent of the compensation for such

land as estimated by him to the person

interested and entitled thereto.

(4) In case of any land to which, in the

opinion of the Government, the provisions

of sub-section (1), sub-section (2) or sub-

section (3) are applicable, the Government

may direct that any or all of the provisions

of sections 15 to 19, 26 to 28 and 32 shall

not apply.

(5) An additional compensation of

seventy-five

percent

the

total

compensation as determined, shall be paid

by the Special Land Acquisition Officer in

respect of land and property for acquisition

of which proceedings have been initiated

under sub-section (1) of this section:

Provided that no additional compensation

will be required to be paid in case the

project is one that affects the sovereignty

and integrity of India, the security and

strategic interests of the State or relations

with foreign States.”.

9. Substitution of section 24.— For section

24 of the 1974 Act, the following section shall

be substituted, namely:—

“24. Appeal against notice served under

sub-section (1) of section 23.— Where the

person on whom notice to remove an

encroachment has been served under sub-

section (1) of section 23 lays claim that the

land in respect of which encroachment has

been alleged is his property, he shall,

within the time-limit prescribed in the

notice for the removal of the encroachment,

file an appeal before the Collector under

intimation to the Highway Authority or the

officer authorised under sub-section (1) of

section 21, as the case may be. The

Collector shall after due enquiry record his

decision in writing and communicate the

same to the appellant and the Highway

Authority or such officer. The Highway

Authority or such officer shall till then

desist from taking further action in the

matter.”.

10. Amendment of section 26.— In section

26 of the 1974 Act, clauses (a), (c) and (e)

shall be omitted.

11. Amendment of section 28.— In section

28 of the 1974 Act,-

(i) in sub-section (1) clause (a) shall be

omitted;

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

section shall be substituted, namely:—

“(2) In determining the amount of

compensation, the Highway Authority or

the officer so authorised shall be guided

only by the actual monetary loss suffered

by the affected party.”.

12. Omission of sections 29, 30 and 31.—

Sections 29, 30 and 31 of the 1974 Act shall

be omitted.

13. Amendment of section 32.— In section

32 of the 1974 Act, sub-section (2) shall be

omitted.

14. Substitution of section 33.— For

section 33 of the 1974 Act, the following

section shall be substituted, namely:—

“33. No compensation for unauthorised

erections.— If any person has erected, re-

erected, or added or altered any building

on any land which is the subject matter of

a notification issued under sub-section 2 of

section 15, then any increase in the value

of the land from such erection, re-erection,

addition or alteration shall not be taken into

account in estimating the value of the

land.”.

15. Amendment of section 35.— In section

35 of the 1974 Act,—

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

section shall be substituted, namely:—

“(1) Any person aggrieved by the

award of the Special Land Acquisition

Officer, the Highway Authority or the

officer authorised under section 28 may,

by a written application to the Special

Land Acquisition Officer, the Highway

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

Authority or such officer, as the case may

be, require that the matter be referred

to the Civil Judge within the limit of

whose jurisdiction such land is situated.”;

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

section shall be substituted, namely:—

“(4) The Special Land Acquisition

Officer, the Highway Authority or the

officer authorised shall make the

reference in such manner as may be

prescribed.”.

16. Amendment of section 37.— For section

37 of the 1974 Act, the following section shall

be substituted, namely:—

“37. Superintendent of Police to enforce

surrender or remove any encroachment.—

If the Special Land Acquisition Officer, the

Highway Authority or any officer or servant

is opposed or impeded in taking possession

of any land or in executing any work or in

removing any encroachment under this

Act, the Special Land Acquisition Officer,

the Highway Authority or officer or servant

concerned shall apply to the Superinten-

dent of Police or such Police Officer as the

Government may empower in this behalf,

and the Superintendent or the officer so

empowered shall enforce the surrender,

removal or execution, as the case may be.”.

17. Amendment of section 39.— In section

39 of the 1974 Act,—

(i) in sub-section (2), after the expression

“under section 28,” the expression “or

under section 19” shall be inserted;

(ii) for sub-section (3), the following sub-

section shall be substituted, namely:—

“(3) If a reference is made under

section 35 against such award, after the

decision of the Authority under that

section, the Special Land Acquisition

Officer or the Highway Authority shall

make the payment of the compensation

awarded to the person entitled thereto

in accordance with the agreement, the

award or the decision of the authority

empowered to decide references under

section 35, as the case may be. The

amount shall be paid to the persons

entitled, by depositing the amount in

their bank accounts. If the person

entitled to compensation does not give

his consent to receive it or in the event

there is any dispute as to the title to

receive the compensation or as to the

apportionment of it, the Special Land

Acquisition Officer, or the Highway

Authority shall deposit the amount of the

compensation with the Authority to

which a reference under section 35

would be submitted:

Provided that any person admitted to be

interested may receive such payment

under protest as to the sufficiency of the

amount:

Provided further that no person who has

received the amount otherwise than under

protest shall be entitled to make an

application under sub-section (1) of section

35;

Provided also that nothing herein

contained shall affect the liability of any

person, who may receive the whole or any

part of any compensation awarded under

this Act, to pay the same to the person

lawfully entitled thereto.”.

18. Validation.— Notwithstanding anything

contained in any judgment, decree or order

of any Court, Tribunal or other authority to

the contrary, the provisions of the 1974 Act,

except the provisions relating to determina-

tion of compensation, shall be deemed to

have been in force in all material times during

the period commencing on the 26th day of

September, 2013 and ending with the date of

commencement of this Act, and anything

done or any action taken under the 1974 Act,

except those relating to determination of

compensation shall be deemed to have been

validly done or taken under the 1974 Act.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

Statement of Objects and Reasons

After the enactment of Right to Fair

Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement

Act, 2013 the process of acquisition of land

for roads became extremely difficult. The bill

therefore seeks to revive Goa Highway Act

1974 (Act 10 of 1974) which was repealed

upon commencement of said Central Act 30

of 2013. Proposed bill also seeks to amend

said Highway Act 1974 so that process of

acquisition and award is simplified and

acquisition for road could be done

expeditiously. While the present bill provides

for acquisition for land for roads, it also

provides payment of compensation to

affected land owners under Central Act 30 of

2013.

This bill seeks to achieve above objects.

Financial Memorandum

Presently, there are no financial implica-

tions. However, as and when land will be

acquired for road, there will be financial

implication on that account which cannot be

quantified at this stage.

Memorandum regarding delegataed

Legislation

Clause 3 of the bill empowers the

Government to authorize any person or

authority by notification in the Official Gazette

to perform the function of Special Land

Acquisition Officer.

This delegation is of normal character.

NILESH CABRAL

Porvorim, Goa.

Minister for

28th March, 2023.

Public Works Department.

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

28th March, 2023.

Legislative Assembly.

Department of Home

Home—General Division

–––

Notification

11/13/91-HD(G)/Vol-I/862

Read: (1) Notification No.11/13/91-HD(G)

dated 20-08-2013 published in the

Official Gazette, Series I No. 22

dated 29-08-2013.

(2) Notification No. 11/13/91-HD(G)/

/1485 dated 18-05-2015 published

in the Official Gazette, Series I

No. 8 dated 21-05-2015.

(3) Notification No.11/13/91-HD(G)/

/2028 dated 15-06-2016 published

in the Official Gazette, Series I

No. 12 dated 23-06-2016.

(4) Notification No.11/13/91-HD(G)/

/1226 dated 02-05-2017 published

in the Official Gazette, Series I

No. 6 dated 11-05-2017.

(5) Notification No. 11/13/91-HD(G)//

Vol-I/1941 dated 11-07-2019.

(6) Notification No. 11/13/91-HD(G)/

/Vol-I/858 dated 23-03-2021.

The Government of Goa vide Notification

No. 11/13/91-HD(G) dated 20-08-2013,

published in the Official Gazette, Series I

No. 22 dated 29-08-2013 (hereinafter called

the “Principal Notification”) framed the

scheme for providing employment in

Government to the children of freedom

fighters as announced in the Budget Speech

2013-14. The Government desired that the

continuity of the said scheme is essential to

bestow the benefits under the said scheme

to the children of Freedom Fighters registered

with the Home Department, the Government

of Goa is pleased to amend the said scheme

as under:

Amendment of clause 3

Clause 3 (c) of the said scheme shall be

read as under:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

“(c)

However,

the

prevalent

reservation of 2% points under Group ‘A’

and ‘B’ based on roster points shall

continue vis-a-vis posts filled through

GPSC for further period of one year w.e.f.

1st March, 2023”.

Amendment of clause 7

Clause 7 of the scheme shall be read as

under

“The scheme shall be valid for further

period of one year w.e.f. 01-03-2023 to

29-02-2024”.

By order and in the name of the

Governor of Goa.

Diksha N. Tari, Under Secretary,

(Home-II).

Porvorim, 23rd March, 2023.

–––––––

Notification

2/86/82-HD(G)/Part-II/916

In exercise of the powers conferred by sub-

clause (d) of clause (8) of section 2 of the

Official Secrets Act, 1923 (Central Act 19 of

1923) (hereinafter referred to as the “said

Act”) read with Notification No. II/21019/2/

89-IS(US.DII) dated 21-08-1989 of the

Government of India, Ministry of Home

Affairs, New Delhi, published in the Gazette

of India, Part II, issued under Section 3, Sub-

section (ii) vide No. S.O. 2081, dated 9-9-1989,

the Government of Goa, hereby declares the

entire yard of the Goa Shipyard Limited,

Unit-II admeasuring 2240 sq. mtrs, at plot

No. 8 and 9, Unit-III admeasuring 2884 sq.

mtrs, SA-2 and AA-3 (plot No. 12 and 13),

Unit-IV admeasuring 6198 sq. mtrs. at plot

Nos. 63, 64, 65, 74 and 75 and Unit-V

admeasuring 11500 sq. mtrs. at plot Nos. 23

to 26 and 33 to 36 at Sancoale Industrial

Estate, Sancoale, Goa to be a prohibited place

for the purpose of the said Act, for the period

of five years from the date of publication of

this notification in the Official Gazette.

By order and in the name of the

Governor of Goa.

Vivek K. Naik, Under Secretary (Home-I).

Porvorim, 29th March, 2023.

Department of Labour

Notification

22/12/2002-LAB/256

In exercise of the powers conferred by

clause (d) of sub-section (1) of section 2 of the

Building and Other Construction Workers’

(Regulation of Employment and Conditions of

Service) Act, 1996 (Central Act No. 27 of 1996)

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

Government of Goa hereby specifies the

following works, in addition to those already

specified in said clause (d) of sub-section (1)

of section 2 of the said Act, for the purposes of

the said Act, namely:—

(a) cutting, breaking and crushing of stone.

(b) cutting and polishing of slabs/tiles.

etc.

(d) sewerage and plumbing work.

(e) electrical works including wiring,

distribution, panel fixing etc.

(f) installation and repair of fire fighting

systems.

(g) installation and repair of cooling and

heating systems.

(h) installation of lifts, escalators etc.

(i) installation of security gates, devices etc.

(j) fabrication and installation of iron/metal

grills, windows, doors.

(k) construction of water harvesting

structures.

(l) interior work including carpeting, false

ceiling, lighting, plaster of Paris.

(m) cutting, glazing and installation of glass

panels.

(n) making of bricks, roofing tiles, etc. not

covered under Factories Act, 1948.(63 of

1948).

(o) installation

energy

efficient

equipment like solar panels etc.

(p) installation of modular units for use in

places such as kitchens.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

6TH APRIL, 2023

(q) making and installation of pre-fabricated

concrete modules etc.

(r) construction of sports/recreation

facilities including swimming pools, golf

courses etc.

(s) construction/erection of signage, road

furniture, bus shelters/depots/stands,

signalling system etc.

(t) construction of rotaries, installation of

fountains, etc.

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(u) construction of public parks, walking

tracks and landscaping, etc.

This Notification shall come into force on the

date of it’s publication in the Official

Gazette.

By order and in the name of Governor of

Goa.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 31st March, 2023.