Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
Panaji, 17th August, 2023 (Sravana 26, 1945) SERIES I No. 20 PUBLISHED BY AUTHORITY
SUPPLEMENT
GOVERNMENT OF GOA
Goa Legislature Secretariat
___
Notifcation
LA/LEGN/2023/1545
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 7th August, 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 Public Records
Bill, 2023
(Bill No. 38 of 2023)
A
BILL
to regulate the management, administration and preservation of public records of the Government, local authorities, public sector undertakings, statutory bodies and corporations, commissions and committees constituted by the Government and for the 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 and commencement.— (1) This Act may be called the Goa Public Records Act, 2023.
(2) 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) "Board" means the Archival Advisory Board constituted under sub-section (1) of section 13;
(b) "Director" means the Director of Archives appointed by the Government and includes any officer authorized by the Government to perform the duties of the Director;
(c) "Government" means the
Government of Goa;
(d) "State" means the State of Goa;
(e) "prescribed" means prescribed by
rules made under this Act;
(f) "Public Records" includes,—
(i) any document, manuscript and file;
(ii) any microfilm, microfiche and
facsimile copy of a document;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023(iii) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(iv) any other material produced by a computer or by any other device, of any records creating agency;
(g) Records creating agency includes,—
(i) in relation to the Government, any ministry, department or office of the Government;
(ii) in relation to any statutory body or corporation wholly or substantially controlled or financed by the Government or commission or any committee constituted by the Government, the offices of the said body, corporation, commission or committee;
(h) "Records officer" means the officer nominated by the records creating agency under sub-section (1) of section 5.
(i) "Department" means Department of
Archives, Government of Goa.
3. Power of the Government to coordinate, regulate and supervise operations connected with administration, management, etc., of public records.— (1) The Government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this Act.
(2) The Government in relation to the public records of the records creating agencies may by order, authorize the Director of Archives subject to such conditions as may be specified in the order, to carry out all or any of the following functions, namely:—
(a) Supervision, management and control
of the Archives;
(b) Acceptance for deposit of public records of permanent nature after such period as may be prescribed;
(c) Custody, use and withdrawal of public
records;
(d) Arrangement, preser vation and
exhibition of public records;
(e) Preparation of inventories, indices, catalogues and other reference media of public records;
(f) analyzing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of the records management system;
(g) ensuring the maintenance, arrangement and security of public records in the archives and in the offices of the records creating agency;
(h) promoting utilization of available space and maintenance of equipments for preserving public records;
(i) tendering advice to records creating agencies on the compilation, classification and disposal of records and application of standard, procedures and techniques of records management;
(j) survey and inspection of public
records;
(k) organizing training programmes in various disciplines of Archives admini- stration and records management;
(l) accepting records from any private
source;
(m) regulating access to public records;
(n) receiving records from defunct bodies and making arrangement for securing public records in the event of national/State emergency;
(o) receiving repor ts on records management and disposal practices from the records officer;
(p) providing authenticated copies of,
or extracts from, public records;
(q) destroying or disposal of public
records;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023(r) obtaining on lease or purchasing or accepting as gift any document of public or national importance.
4. Prohibition against taking of public records out of State.— No person shall take or cause to be taken out of State any public records without the prior approval of the Government:
Provided that no such prior approval shall be required if any records are taken or sent out of State for any official purpose.
5. Records officer.— (1) Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this Act.
(2) Every record creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer.
6. Responsibilities of records officer.— (1) The records officer shall be responsible for,—
(a) proper arrangement, maintenance and preservation of public records under his charge;
(b) periodical review of all public records and weeding out public records of ephemeral value;
(c) appraisal of public records which are more than twenty-five years old in consultation with the Director with a view to retaining public records of permanent value;
(d) destruction of public records in such manner and subject to such conditions as may be prescribed under sub-section (1) of section 8;
(e) compilation of a schedule of retention for public records in consultation with the Director;
(f) periodical review for downgrading of classified public records in such manner as may be prescribed;
(g) adoption of such standards, procedures and techniques as may be recommended from time to time by the Director for improvement of record management system and maintenance of security of public records;
(h) compilation of annual indices of public
records;
(i) compilation of organizational history
and annual supplement thereto;
(j) assisting the Director for public
records management;
(k) submission of annual report to the Director in such manner as may be prescribed;
(l) transferring of records of any defunct
body to the Director, for preservation.
(2) The records officer shall act under the direction of the Director while discharging the responsibilities specified in sub-section (1).
7. Records officer to take appropriate action in the event of unauthorized removal, destruction, etc., of public records in his custody.— (1) The records officer shall, in the event of any unauthorized removal, destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action for the recovery or restoration of such public record.
(2) The records officer shall submit a report in writing to the Director without any delay on any information about any unauthorized removal, destruction, defacement or alteration of any public records under his charge and about the action initiated by him and shall take action as he may deem necessary subject to the directions, if any, given by the Director.
(3) The records officer may seek assistance from any Government officer or any other person for the purpose of recover y or restoration of public records and such officer or person shall render all assistance to the records officer.
8. Destruction or disposal of public records.— (1) No public record shall be OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 destroyed or otherwise disposed of except in such manner and subject to such conditions as may be prescribed.
(2) No record created before the year 1961 shall be destroyed except where in the opinion of the Director, it is so defaced or is in such condition that it cannot be put to any archival use.
9. Penalty for contraventions.— Whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.
10. Public records bearing security classification.— No public records bearing security classification shall be transferred to the Department of Archives.
11. Receipt of records from private sources.— (1) The Department of Archives may accept any record of public or national importance from any private source by way of gift, purchase or otherwise.
(2) The Department of Archives may, in such manner and subject to such conditions as may be prescribed, make any record referred to in sub-section (1) available to any bona-fide research scholar.
12. Access to public records.— (1) All unclassified public records as are more than thirty years old and are transferred to the Department of Archives may be, subject to such exceptions and restrictions as may be prescribed, made available to any bona fide research scholar.
Explanation.— For the purposes of this sub-section, the period of thirty years shall be reckoned from the year of the opening of the public record.
(2) Any records creating agency may grant permission to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed.
13. Archival Advisory Board.— (1) The Government may, by notification in the Official Gazette, constitute an Archival Advisory Board for the purposes of this Act.
(2) The Board shall consist of the following
members, namely:—
(a) Secretary Archives, Chairperson, Government of Goa ex officio;
(b) Two officers not Members, below the rank of ex officio; Under Secretary to the Government of Goa, each from the Revenue Department and Registration Department
(c) Two representatives Members;
not below the rank of Under Secretary to the Government of Goa nominated by the Government
(d) Three persons to be Members;
nominated by the State Government for the period not exceeding three years, one being an Archivist and two being Professors in the Post-graduate Department of History in any recognized University.
(e) Director Member-
Secretary, ex officio.
(3) The members nominated under clause (d) of sub-section (2) shall be paid such allowances as may be prescribed.
14. Functions of the Board.— The Board shall performs the following functions,
namely:—
(a) advise the Government on matters concerning the administration, manage-
ment, conservation and use of public records;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023(b) lay down guidelines for training of
Archivists;
(c) give directions for acquisition of
records from private custody;
(d) deal with such other matters as may
be prescribed.
15. Power of the Director to lay down norms and standards for courses in archival science.— The Director shall have the power to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.
16. Protection of action taken in good faith.— No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
17. Power to make rules.— (1) The Government may, by notification in the Official Gazette, and subject to condition of previous publications, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the period after which public records of permanent nature may be accepted under clause (b) of sub-section (2) of section 3;
(b) the manner in which periodical review of classified public records for downgrading shall be undertaken under clause (f) of sub-section (1) of section 6;
(c) the manner of submission of annual report to the Director under clause (k) of sub-section (1) of section 6;
(d) the manner in which and the conditions subject to which public records may be destroyed or disposed of under sub-section (1) of section 8;
(e) the manner in which and the conditions subject to which records of public or national importance may be made available to research scholar under sub- section (2) of section 11;
(f) exceptions and restrictions subject to which public records may be made available to a research scholar under sub- section (1) of section 12;
(g) the manner in which and the conditions subject to which any records creating agency may grant to any person access to public records in its custody sub- section (2) of section 12;
(h) the allowances payable to members of the Board under sub-section (3) of section 13;
(i) the matters with respect to which the Board may perform its functions under clause (d) of section 14;
(j) any other matter which is required
to be, or may be, prescribed.
18. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it be necessary or expedient for removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.
19. Repeal and saving— On and from the date of commencement of this Act, the corresponding provisions of any law in force in the State shall stand repealed:
Provided that such repeal shall not affect —
(a) the previous operation of the provisions so repealed or anything duly done or suffered there under,
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions so repealed, OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the provisions so repealed, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said provisions had not been repealed:
Provided that, subject to the proceeding proviso, anything done or any action taken (including any appointment made, notification issued or rule framed) under the provisions so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force.
Statement of Objects and Reasons
The Bill seeks to regulate the management, administration and preservation of public records of the Government, local authorities, public sector undertakings, statutory bodies and corporations, commissions and committees constituted by the Government.
This Bill seeks to achieve the above objects.
Financial Memorandum
Clause 13 (3) of the Bill involves financial implications towards creation of Board and payment of allowances to the members nominated under item (d) of sub-clause (2) of clause 13 of the Bill.
Memorandum Regarding Delegated Legislation
Clause 1 (2) 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 (1) (b) of the Bill seeks to empower the Government to frame rules to specify the period for acceptance for deposit of public records of permanent nature.
Clause 6 (1) (f) of the Bill seeks to empower the Government to frame rules to specify the manner of periodical review for downgrading of classified public records.
Clause 6 (1) (k) of the Bill seeks to empower the Government to frame rules for specifying the manner for submission of annual report to the Director of Archives.
Clause 8 (1) of the Bill seeks to empower the Government to frame rules to specify the manner and conditions for destruction or disposal of public records.
Clause 11(2) of the Bill seeks to empower the Government to frame rules to specify the manner and condition to make available records to research Scholars.
Clause 12 (1) of the Bill seeks to empower the Government to frame rules to specify exceptions and restrictions.
Clause 12 (2) of the Bill seeks to empower the Government to frame rules to specify the manner and conditions for granting permission to any person access to public record in its custody.
Clause 13 (3) of the Bill seeks to empower the Government to frame rules to specify the allowances to be paid to the nominated members.
Clause 14 (d) of the Bill seeks to empower the Government to frame rules for dealing with other matters
These delegations are of normal Character.
Porvorim Goa. SUBHASH PHAL DESSAI 03-08-2023. Minister for Archives.
Assembly Hall, NAMRATA ULMAN Porvorim, Goa. Secretary to the 03-08-2023. Legislative Assembly of Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Notifcation
LA/LEGN/2023/1546
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 7th August, 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 Non-Biodegradable Garbage
(Control) (Amendment) Bill, 2023
(Bill No. 40 of 2023)
A
BILL
further to amend the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Goa Act 5 of 1997).
BE it enacted by the Legislative Assembly of Goa in the Seventy-four th Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Goa Non-Biodegradable Garbage (Control) (Amendment) Act, 2023.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2 of the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Goa Act 5 of 1997) (hereinafter referred to as the "principal Act"),-
(i) clauses (aa) and (ab) shall be renumbered as clauses (ab) and (ac) respectively;
(ii) before clause (ab) so renumbered, the following clause shall be inser ted, namely:—
"(aa) "brand owner" means a person or a company who manufactures and sells any commodity under a registered brand label;";
(iii) clause (ba) shall be renumbered as
clause (bb);
(iv) before clause (bb) so renumbered, the following clause shall be inserted, namely:-
"(ba) "Importer" means a person who imports non-biodegradable packaging product or products;";
(v) after clause (k), the following clause
shall be inserted, namely:—
"(ka) "Producer" means person engaged in manufacture or import of products made out of non-biodegradable materials for packaging or wrapping the commodity;".
3. Substitution of section 5.— For section 5 of the principal Act, the following section shall be substituted, namely:—
"5. Duty of Owner, Occupier, Producer, Importer and Brand Owner to collect and deposit Non-Biodegradable garbage.— The Owner, Occupier, Producer, Impor ter and Brand Owner shall collect or cause to be collected from their respective land, buildings or locality, the non-biodegradable garbage and deposit or cause to be deposited the same in public receptacles or places provided for temporary deposit or collection of the non- biodegradable garbage or to the agency appointed for the purpose by following the procedure as specified by the Government by Notification in the Official Gazette.".
4. Amendment of Schedule.— In the Schedule to the principal Act, after item at Serial No. (13), the following items shall be
inserted, namely:—
"(14) Glass;
(15) Aluminium.".
Statement of Objects and Reasons
The Bill seeks to amend sections 2 and section 5 of the Goa Non-Biodegradable Garbage (Control) Act, 1996 so as to define brand owner, importer and producer as well as their duties to deposit Non-Biodegradable Garbage to the agency at appointed for the propose by the State Government by way of Notification and to include glass and OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 aluminum in the schedule. This amendment has been sought to ensure proper collection and disposal Goa Non-Biodegradable Garbage in the State of Goa.
This Bill seeks to achieve the above objects.
Financial Memorandum
No financial implications are involved in this Bill.
Memorandum Regarding Delegated Legislation
No delegated legislation is envisaged in this Bill.
NILESH CABRAL Porvorim Goa. 04th August, 2023. Minister for Enviroment
and Climate Change.
Assembly Hall, Porvorim, Goa. 04th August, 2023.
NAMRATA ULMAN Secretary to the Legislative Assembly of Goa.
______
ANNEXURE
Name of The Bill: The Goa Non-Biodegradable Garbage (Control Amendment) Bill, 2023.
Sr. No. Existing Provision Amendment proposed in the Bill Justification for amendment
1 2
3
4
1.
Section 2 Definitions— (aa)
The purpose of the
"commercial establishment"
insertion is to define brand
means an establishment used
owner and specify duties to
for commercial purpose, such
such brand owners for
as, bars, shacks, restaurants,
ensuring proper segregation
Amendment of Section 2.— In Section 2 of the Goa Non- Biodegradable Garbage Control Act, 1996 (Goa Act of 5 of 1997) (hereinafter referred to as the ("Principal Act")
private offices, fitness clubs,
and collection of non
retails stores, banks, financial
biodegradable garbage.
institutions, supermarkets,
(i) For clause (aa) and (ab) shall be renumbered as clauses (ab) and (ac) respectively;
auto and boat dealership, etc.
and other such establish-
ment;]
(ii) before clause (ab) so renumbered the following clause shall be inserted, namely:—
(aa) "brand owner" means a person or company who manufactures and sells any commodity under registered brand label;
[(ba) 'inert waste means
"(ba)" "Importer" means a
person who imports non-
which is neither chemically
biodegradable packaging
nor biologically reactive and
product or products;"; (v)
will not decompose;]
The purpose of the insertion is to define Importer and specify duties to such brand owners for ensuring proper segregation and collection of
after clause (k) the following
non biodegradable garbage.
clause shall be inserted,
namely:-
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 20231 2
3
4
"(ka)" "Producer" means person engaged in manufac- ture or import of products made out of non-biodegrad- able materials for packaging or wrapping the commodity;".
The purpose of the insertion is to define Producer and specify duties to such brand owners for ensuring proper segregation and collection of non biodegradable garbage.
3. Amendment of section 5.— for section 5 of the principal Act, the following section shall be substi- tuted, namely:-
Purpose of the amendment is to include Duty to the Brand Owner, Producer and Importer for depositing the non biodegradable waste at the location and to the agency that is notified by the State Government .
[5. Duty of owner and occupier to collect, segregated and store non-biodegradable gar- bage etc.- it shall be the duty of the owner and occupier to collect and segregate the non- biodegradable garbage gen- erated within their place and store securely until it is handed over to the local au- thority.]
"5. Duty of Owner, Occupier, Producer, Importer and Brand Owner to collect and deposit Non-Biodegradable garbage.— The Owner, Occupier, Producer, Importer and Brand Owner shall collect or cause to be collected from their respective land, buildings or locality, the non- biodegradable garbage and deposit or cause to be deposited, the same in public receptacles, or places provided for temporary deposit or collection of the non- biodegradable garbage or to the agency appointed for the purpose by following the procedure as specified by the Government by Notification in the Official Gazette.".
4. Amendment of Schedule.— In the Schedule to the principal Act, after item at Serial No. (13), the following items shall be inserted, namely:-
Schedule [See section 2(e)]
Schedule [See section 2(e)] (1) Polyethlene;
(1) Polyethlene ;
(2) Polycarbonate;
(3) Polypropy lene;
Purpose of insertion is to include Glass and Aluminum Packaging in the non biode- gradable waste.
(4) Polystyrene;
(5) Polyziny1 Chloride (PVC);
(6) ABS;
(2) Polycarbonate; (3) Polypropy lene; (4) Polystyrene; (5) Polyziny 1 Chloride (PVC); (6) ABS; (7) Acetal;
(7) Acetal;
(8) Acrylic;
(9) Cellulose Acetate;
(10) Cellulose Acetate Butyrate;
(11) Nylon.
[(12) Styrofoam;
(13) Inter waste;]
(8) Acrylic; (9) Cellulose Acetate; (10) Cellulose Acetate Butyrate; (11) Nylon. [(12) Styrofoam;(13) Inter waste;]
(14) Glass;
(15) Aluminum
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Notifcation
LA/LEGN/2023/1547
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 7th August, 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 Waste Management (Amendment) Bill, 2023
(Bill No. 41 of 2023)
A
BILL
further to amend the Goa Waste Management
Act, 2016 (Goa Act 19 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 Waste Manage- ment (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 13.— In section 13 of the Goa Waste Management Act, 2016 (Goa Act 19 of 2016), in clause (ii), sub-clause (n) shall be numbered as sub-clause (p) and before sub-clause (p) so numbered the following sub-clauses shall be, inserted, namely:—
"(n) Carry out consultancy work and project management for waste manage- ment projects in India and outside India.;
(o) Set up Goa Waste Management Institute in collaboration with an institute of repute or the Directorate of Skill Development and Entrepreneurship/ GIPARD etc."
Statement of Objects and Reasons
The Bill seeks to amend section 13 of the Goa Waste Management Act, 2016 (Goa Act 19 of 2016) so as to make provision to enable corporation to take up consultancy works and also for setting up Goa Waste Management Institute.
The Bill seeks to achieve the above objects.
Financial Memorandum
The financial implications of the amendment will be recovered through the consultancy charges and fees of short-term courses in waste management. The overall cost will be met through the fees charged for courses that will be offered through the proposed institute and part expenditure will be met from out of the annual grant in aid released by Department of Science, Technology & Waste Management under approved scheme and pattern of assistance.
Memorandum Regarding Delegated Legislation
Clause 1(2) of the Bill seeks to empower the Government to appoint the date for bringing into force the Act by Notification in the Official Gazette.
This delegation is of normal character.
(Shri ATANASIO MONSERRATE)
Assembly Hall, Minister for Science, Porvorim-Goa. Technology and 4th August, 2023. Waste Management.
Assembly Hall, (NAMRATA ULMAN) Porvorim-Goa. Secretary to the Legislative 4th August, 2023. Assembly of Goa.
_____
ANNEXURE
-----------------------------------------------------------------------------
Extract of section 13 clause (ii) sub clause (n) of the Goa Waste Management Corporation Act, 2016 -----------------------------------------------------------------------------
13. Functions:— The functions of the Corporation
shall be:-
(n) exercise any other function for carrying out
the purposes of this Act.
(Shri ATANASIO MONSERRATE)
Assembly Hall, Minister for Science, Porvorim-Goa. Technology and 4th August, 2023. Waste Management.
Assembly Hall, (NAMRATA ULMAN) Porvorim-Goa. Secretary to the Legislative 4th August, 2023. Assembly of Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Notifcation
LA/LEGN/2023/1560
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 4th August, 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 Societies Registration (Goa Amendment) Bill, 2023
(Bill No. 37 of 2023)
A
BILL
further to amend the Societies Registration Act, 1860 (Act 21 of 1860), as in force in the State of Goa.
BE it enacted by the Legislative Assembly of Goa in the Seventy-four th Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Societies Registration (Goa Amendment) Act, 2023.
(2) It shall come into force at once.
2. Insertion of new section 20AA.— After section 20A of the Societies Registration Act, 1860 (Act 21 of 1860), as in force in the State of Goa (hereinafter referred to as the "principal Act"), the following section shall be inserted, namely:—
"20AA. Power of the Government to appoint Administrator.— (1) If the Government, on receipt of a report from the Inspector General or otherwise, is satisfied that,-
(a) there is a need to secure proper management of the business of the society generally, or
(b) there is a need for preventing the affairs of the society from being conducted in a manner detrimental to the interest of the members, or
(c) there is apprehension that the affairs of the society are being so conducted to defeat the objects of the society or that the society or it's governing body is guilty of mismanagement, or
(d) there is any serious lapse on the part of the governing body in conducting administration of the society or in maintaining proper records of the society, or in maintaining proper accounts of the society, or
(e) there are any violations of any of the
bye-laws of the society, or
(f) there is mismanagement in the election process of the governing body of the society,
the Government may, by order published in the Official Gazette, appoint any person other than the member of such society as a sole Administrator or constitute a Committee of Administrators not exceeding three Administrators with one amongst them as a Chairman of such committee, for such period, not exceeding six months, as may be specified in the order, to manage the affairs of the society within the framework of such society:
Provided that for reasons to be recorded in writing, the Government may, by like order, extend either prospectively or retrospectively, the said period by any further periods not exceeding six months at a time, so however the aggregate period shall not extend beyond four years.
(2) On the appointment of the Administrator or of the Committee of Administrators under sub-section (1) and during the period of such appointment the governing body of the society shall cease to exercise any powers and perform and discharge any functions or duties conferred or imposed on it by this Act, or its memorandum of association or the rules and regulations or any other law and subject to any directions which the Government may from time to time issue, all such powers shall be exercised and functions or duties shall be performed or discharged by the Administrator.
(3) Every Administrator appointed under sub- section (1) shall be paid such honorarium and allowances as may be decided by the Government, the expenditure towards which shall be borne by the society.".
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 20233. Amendment of section 20E.— In section 20E of the principal Act, for the expression "the Inspector-General or against any person appointed for inspection or investigation under section 20A", the expression "the Inspector-General or any person appointed for inspection or investigation under section 20A or any person/s appointed as Administrator/s under section 20 AA" shall be substituted.
Statement of Objects and Reasons
The Bill seeks to insert section 20AA in the Societies Registration Act, 1860 (Act 21 of 1860), as in force in the State of Goa (hereinafter referred to as the "principal Act"), so as to empower the Government to appoint the Administrator/s in certain eventualities to secure the proper management of the business of the society.
The Bill also seeks to amend section 20E of the said Act, so as to protect the persons so appointed as Administrators under said section for anything done in good faith or intended to be done under the said Act or Rules made thereunder.
This Bill seeks to achieve the above objects.
Financial Memorandum
No financial implications are involved in this Bill.
Memorandum Regarding Delegated Legislation
Clause 2 of the Bill empowers the Government to issue order for appointing an Administrator
or a Committee of Administrators.
This delegation is of normal character.
Porvorim, Goa. 04-08-2023.
NILESH CABRAL Hon. Minister for Law and Judiciary.
Assembly Hall, Porvorim-Goa. 04-08-2023.
NAMRATA ULMAN Secretary to the Legislative Assembly of Goa.
______
ANNEXURE
Name of The Bill: The Societies Registration (Goa Amendment) Act, 2023.
Sr. No. Existing Provision Amendment proposed in the Bill Justification for amendment
1 2
3
4
1.
Insertion of new section 20AA.— After section 20A of the Societies Registration Act, 1860 (Act 21 of 1860), as in force in the State of Goa (hereinafter referred to as the "principal Act"), the following section shall be inserted, namely:–
The Bill seeks to insert section 20AA in the Societies Registration Act, 1860 (Act 21 of 1860), as in force in the State of Goa (hereinafter referred to as the "principal Act"), so as to empower the Government to appoint the Administrator/s in certain eventualities to secure the proper management of the business of the society.
20A. Investigation of affairs of society.— (1) Where, on informa- tion received under section 4A or otherwise, or in circum- stances referred to in section 12D, the Inspector-General is of the opinion that there is appre- hension that the affairs of the society registered under this Act, are being so conducted as to defeat the objects of the soci- ety or that the society or its gov- erning body, by whatever name called, or any officer thereof in actual effective
"20AA. Power of the Government to appoint Administrator.—(1) If the Government, on receipt of a report from the Inspector General or otherwise, is satisfied that,- (a) there is a need to secure p r o p e r m a n a g e m e n t o f t h e OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 1 2
3
4
business of the society
generally, or
(b) there is a need for preventing the affairs of the society from being conducted in a manner detrimental to the interest of the members, or
control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligetions, the Inspector- General may, either himself or by any person appointed by him in that behalf, inspect or investigate into the affairs of the society or inspect any insti-
tution managed by the society.
(c) there is apprehension that the affairs of the society are being so conducted to defeat the objects of the society or that the society or it's governing body is guilty of mis- management, or
(d) there is any serious lapse on the part of the governing b o d y i n c o n d u c t i n g administration of the society or in maintaining proper records of the society, or in maintaining proper accounts of the society, or
(e) there are any violations of any of the bye-laws of the society, or
(f) there is mismanagement in the election process of the governing body of the society, the Government may, by order published in the Official Gazette, appoint any person other than the member of such society as a sole Administrator or constitute a Committee of Administrators not exceeding three Administrators with one amongst them as a Chairman of such committee, for such period, not exceeding six months, as may be specified in the order, to manage the affairs of the society within the frame- work of such society:
Provided that for reasons to be recorded in writing, the Government may, by like order, extend either prospectively or retrospectively, the said period by any further periods not exceeding six months at a time, so however the aggregate period shall not extend beyond four years.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 20231 2
3
4
(2) On the appointment of
the Administrator or of the
Committee of Administrators
under sub-section (1) and
during the period of such
appointment the governing
body of the society shall cease
to exercise any powers and
perform and discharge any
functions or duties conferred
or imposed on it by this Act, or
its memorandum of asso-
ciation or the rules and
regulations or any other law
and subject to any directions
which the Government may
from time to time issue, all such
powers shall be exercised and
functions or duties shall be
performed or discharged by the
Administrator.
(3) Every Administrator
appointed under sub-section
(1) shall be paid such
honorarium and allowances as
may be decided by the
Government, the expenditure
towards which shall be borne
by the society.".
2.
3. Amendment of section
20E. Indemnity.— No suit, The Bill also seeks to prosecution or other legal 20E.— In section 20E of the amend section 20E of the proceedings shall lie in any principal Act, for the expres- said Act, so as to protect
sion "the Inspector-General or
court against the Government, the persons so appointed
against any person appointed
the Inspector-General or against as Administrators under
for inspection or investigation
any person appointed for said section for anything
under section 20A", the expres-
inspection or investigation done in good faith or
sion "the Inspector General or
under section 20A, for anything intended to be done under
any person appointed for
good faith done or intended to the said Act or Rules made
inspection or investigation
be done under this Act or rules thereunder.
under section 20A or any
made thereunder."
person/s appointed as
Administrator/s under section
20AA" shall be substituted.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Notifcation
LA/LEGN/2023/1561
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 8th August 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 Ancient and Historical Records, Acquisition and Preservation Bill, 2023
(Bill No. 39 of 2023)
A
BILL
to provide for the management, administration and preservation of ancient and historical records of the State of Goa other than those declared by or under any law made by Parliament to be of national importance 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 and commencement.— (1) This Act may be called The Goa Ancient and Historical Records, Acquisition and Preservation Act, 2023.
(2) 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) "Archivist" means the officer appointed by the Government under sub- section (1) of section 5;
(b) "Committee" means the Ancient and Historical Records Sur vey Committee constituted under sub-section (1) of section 12;
(c) "Director" means the Director of Department of Goa Gazetteer and Historical Records appointed by the Government and includes any officer authorized by the Government to perform the duties of the Director;
(d)) "Historical records" includes—
(i) any loose manuscript, file or bound volume of erstwhile Portuguese era or post liberation era having historical importance from academic and research perspective or political significance;
(ii) any photograph of any historical
event or incidence etc.;
(iii) any reproduction of image or images embodied in a microfilm (whether enlarged or not);
(e) "Mission" means the State Mission
for Manuscript.
(f) "prescribed" means prescribed by
rules made under this Act;
3. Power of the Government to coordinate, regulate and supervise operations connected with administration, management, etc., of historical records.— (1) The Government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of historical records under this Act.
(2) The Government in relation to the ancient and historical records may by order, authorize the Director of Department of Goa Gazetteer and Historical Records subject to such conditions as may be specified in the order, to carry out all or any of the following functions, namely:—
(a) supervision, management and control
of the ancient and historical records;
(b) acceptance for deposit of ancient and historical records of permanent value from various Departments of Government;
(c) custody and use of ancient and
historical records;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023(d) to acquire digital copies of the ancient and historical records related to Goa available in various institutions in India and abroad;
(e) arrangement, preser vation and exhibition of ancient and historical records;
(f) preparation of inventories, indices, catalogues and other reference media of ancient and historical records;
(g) analyzing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of the ancient and historical records management system;
(h) ensuring the maintenance, arrangement and security of ancient and historical records;
(i) promoting utilization of available space and maintenance of equipments for preserving ancient and historical records;
(j) tendering advice to private institutions/ organizations and individuals having ancient and historical records on the compilation, classification and disposal of records and application of standard, procedures and techniques of manuscript conservation;
(k) survey and inspection of ancient and
historical records;
(l) organizing training programmes in various disciplines of Manuscript conservation and paleography;
(m) accepting ancient and historical
records from any private source;
(n) regulating access to ancient and
historical records;
(o) receiving records from defunct bodies and making arrangement for securing ancient and historical records in the event of national/state emergency;
(p) receiving repor ts on records management and disposal practices from the Archivist of the Department;
(q) providing authenticated copies of, or extracts from, ancient and historical records;
(r) obtaining on lease or purchasing or accepting as gift any document of ancient and historical or national importance.
(s) setting up State Mission for Manuscript and establishment of Manuscript Conservation Centre. The Director shall act as the Project Director of the Mission.
4. Prohibition against taking of ancient and historical records out of State— No person shall take or cause to be taken out of State any ancient and historical records without the prior approval of the State Government.
Provided that no such prior approval shall be required if any records are taken or sent out of State for any official purpose.
5. Archivist. — (1) The Government may appoint Archivist for the Department of Goa Gazetteer and Historical Records to discharge the functions under this Act.
(2) He shall be responsible for the conser vation and preser vation of the Manuscripts.
6. Responsibilities of Archivist.—(1) The
Archivist shall be responsible for—
(a) proper arrangement, maintenance and preser vation of ancient and historical records under his charge;
(b) periodical review of all Historical
records;
(c) appraisal of historical records with a view to retaining historical records of permanent value;
(d) destruction of historical records in such manner and subject to such conditions as may be prescribed under sub-section (1) of section 8;
(e) compilation of a schedule of retention
for historical records;
(f) adoption of such standards, procedures and techniques as may be recommended OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 from time to time by the Director for improvement of manuscript management system and maintenance of security of historical records;
(g) compilation of annual indices of
ancient and historical records;
(h) assisting the Director for management and conservation of all ancient and historical records;
(i) submission of annual report to the Director in such manner as may be prescribed;
(2) The Archivist shall act under the direction of the Director while discharging the responsibilities specified in sub-section (1).
7. Archivist to take appropriate action in the event of unauthorized removal, destruction, etc., of ancient and historical records in his custody.—(1) The Archivist shall, in the event of any unauthorized removal, destruction, defacement or alteration of any ancient and historical records under his charge, forthwith take appropriate action for the recovery or restoration of such ancient and historical record.
(2) The Archivist shall submit a report in writing to the Director without any delay on any information about any unauthorized removal, destruction, defacement or alteration of any ancient and historical record under his charge and about the action initiated by him and shall take action as he may deem necessary subject to the directions, if any, given by the Director.
(3) The Archivist may seek assistance from any Government officer or any other person for the purpose of recovery or restoration of any ancient and historical record and such officer or person shall render all assistance to the Archivist.
8. Destruction or disposal of historical records.—(1) No historical record shall be destroyed or otherwise disposed of except in such manner and subject to such conditions as may be prescribed.
(2) No ancient and historical record created before the year 1961 shall be destroyed except where in the opinion of the Director, it is so defaced or is in such condition that it cannot be put to any archival use.
9. Penalty for contraventions.—Whosoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.
10. Receipt of records from private sources.— (1) The Depar tment of Goa Gazetteer and Historical Records may acquire any ancient and historical record from any person by way of gift, purchase or otherwise.
(2) The Department of Goa Gazetteer and Historical Records may, in such manner and subject to such conditions as may be prescribed, make any ancient and historical record referred to in sub-section (1) available to any bona-fide research scholar.
11. Access to ancient and historical records.— All unclassified ancient and historical records transferred to the Department of Goa Gazetteer and Historical Records may be, subject to such exceptions and restrictions as may be prescribed, made available to any bona fide research scholar.
12. Ancient and Historical Records Survey Committee.— (1) The Government may, by notification in the Official Gazette, constitute Ancient and Historical Records Sur vey Committee for the purposes of this Act.
(2) The Committee shall consist of the
following members, namely:—
(a) Secretary to the, Chairperson, Government of Goa ex-officio; The Department of Goa Gazetteer and Historical Records
(b) Three persons to be Members;
nominated by the Members; Government OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 for a period not exceeding three years, one being an Archivist and two being Professors in the Post-graduate Department of History in any recognized University
(c) One representatives of Member;
the Indian Council of Historical Research (ICHR)
(d) Two Memebers of the Members;
Institutions from Goa possessing ancient and historical records
(e) Director Member-
Secretary, ex officio
(3) The members nominated under clause (d) of sub-section (2) shall be paid such allowances as may be prescribed.
(4) The tenure of the committee shall be
three years from the date of its constitution.
(5) The committee shall meet as and when necessary at such time and place as the Chairperson may deem fit.
(6) The Committee shall regulate its own
procedure.
13. Functions of the Committee.— The Committee shall perform the following functions, namely:—
(a) advise the Government on matters concerning the administration, management, conser vation and use of ancient and historical records;
(b) lay down guidelines for conducting trainings on Manuscriptology and Paleography
(c) recommend for acquisition of ancient and historical records of permanent value from any person from any part of the country or abroad;
(d) deal with such other matters as may
be prescribed.
14. Power of the Director to lay down norms and standards for training in Manuscriptology and Paleography.— The Director shall have the power to lay down norms and standards relating to the training in Manuscriptology and Paleography and other ancillary subjects.
15. Protection of action taken in good faith.— No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
16. Power to make rules.— (1) The Government may, by notification in the Official Gazette, and subject to condition of previous publication, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner of submission of annual report to the Director under clause of sub- section (1) of section 6;
(b) the manner in which and the conditions subject to which historical records may be destroyed or disposed of under sub-section (1) of section 8;
(c) the manner in which and the conditions subject to which ancient and historical records of national importance may be made available to research scholar under sub-section (2) of section 10;
(d) exceptions and restrictions subject to which ancient and historical records may be made available to a research scholar under section 11;
(e) the allowances payable to members of the Committee under sub-section (3) of section 12;
(f) the matters with respect to which the Committee may perform its functions under clause (d) of section 13;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023(g) any other matter which is required to
be, or may be, prescribed.
17. Power to remove difficulty.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.
18. Repeal and saving.— On and from the date of commencement of this Act, the corresponding provisions of any law in force in the State shall stand repealed:
Provided that such repeal shall not affect—
(a) the previous operation of the provisions so repealed or anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions so repealed;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the provisions so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said provision had not been repealed:
Provided further that, subject to the preceeding proviso, anything done or any action taken (including any appointment made, notification issued or rule framed) under the provisions so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force.
Statement of Objects and Reasons
The Bill seeks to provide for management, administration and preservation of ancient and historical records of the State of Goa other than those declared by or under any law made by Parliament to be of national importance.
This Bill seeks to achieve the above objects.
Financial Memorandum
Clause 12 (3) of the Bill involves financial implications towards creation of Ancient and Historical Records Survey Committee and payment of allowances to the members nominated thereof under item (d) of sub-clause (2) of Clause 12.
Memorandum Regarding Delegated Legislation
Clause 1 (2) 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 6 (i) of the Bill seeks to empower the Government to frame rules to specify the manner for submission of annual report to the Director of Department of Goa Gazetteer and Historical Records.
Clause 10 (2) of the Bill seeks to empower the Government to frame rules to specify the manner and conditions to make available any historical records to any bonafide research scholar.
Clause 11 of the Bill seeks to empower the Government to frame rules to specify expectations and restrictions for making available all unclassified historical records to any bonafide research scholar.
Clause 12 (3) of the Bill seeks to empower the Government to frame rules to specify the allowances to be paid to the nominated members.
Clause 13 (d) of the Bill seeks to empower the Government to frame rules specifying other OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 matters on which the Committee shall deal with.
These delegations are of normal Character.
Porvorim Goa. DR. PRAMOD SAWANT 07-08-2023. Hon'ble Chief Minister/ Minister for Gazetteer.
Assembly Hall, NAMRATA ULMAN Porvorim, Goa. Secretary to the 07-08-2023. Legislative Assembly of Goa.
Governor's Recommendation under article 207 of the Constitution of India
In pursuance of Ar ticle 207 of the Constitution of India, I, P. S. Sreedharan Pillai, Governor of Goa, hereby recommend the introduction and consideration of the Goa Ancient and Historical Records, Acquisition and Preservation Bill, 2023.
P. S. SREEDHARAN PILLAI
Raj Bhavan, His Excellency. -08-2023 Governor of Goa.
––––––––
Notifcation
LA/LEGN/2023/1580
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 10th August, 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 Appropriation (No. 3) Bill, 2023
(Bill No. 23 of 2023)
A
BILL
to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Goa for the services and purposes of the financial year 2023-2024.
BE it enacted by the Legislative Assembly of Goa in the
Seventy-fourth Year of the Republic of India, as follows:—
1. Short title.— This Act may be called the Goa Appropriation
(No. 3) Act, 2023.
2. Issue of Rs. 26844,40,35,000/-, out of the Consolidated Fund of the State of Goa for the financial year 2023-2024.— From and out of the Consolidated Fund of the State of Goa, there may be paid and applied sums not exceeding those specified in Column (5) of the Schedule to this Act amounting in the aggregate to the sums of twenty six thousand eight hundred forty four crore forty lakh thirty five thousand rupees towards defraying the several charges which will arise for payment during the financial year 2023-2024 in respect of the services and for purposes specified in Column (2) of the said Schedule.
3. Appropriation.— The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Goa under this Act, shall be appropriated for the services and purposes expressed in the Schedule to this Act in relation to the said financial year.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023SCHEDULE
(See sections 2 and 3)
(Rs. in lakhs)
Sums not exceeding
Demand Voted by Charged on the Total
No. Titles of Demand Assembly Consolidated Fund of the State of Goa
(1) (2)
(3) (4) (5)
01 Legislature Secretariat 5192.18 426.00 5618.18
A1 Raj Bhavan (Charged) — 1937.10 1937.10
02 General Administration and 14732.20 — 14732.20
Coordination
03 District and Sessions Court, 4523.54 — 4523.54
North Goa
04 District and Sessions Court, 4330.31 — 4330.31
South Goa
05 Prosecution 1943.44 — 1943.44
06 Election Office 10240.66 — 10240.66
07 Settlement and Land 4335.92 — 4335.92
Records
08 Treasury and Accounts 179403.90 — 179403.90
Administration, North Goa
09 Treasury and Accounts 901.00 — 901.00
Administration, South Goa
A2 Debt Services (Charged) — 398028.37 398028.37
10 Notary Services 2355.40 — 2355.40
11 Excise 3025.10 — 3025.10
12 Commercial Taxes 6173.50 — 6173.50
13 Transport 29675.38 — 29675.38
A3 Goa Public Service — 821.70 821.70
Commission (Charged)
14 Goa Sadan 701.20 — 701.20
15 Collectorate, North Goa 6710.65 — 6710.65
16 Collectorate, South Goa 6620.42 — 6620.42
17 Police 99389.07 — 99389.07
18 Jails 2764.60 — 2764.60
19 Industries, Trade and 8526.40 — 8526.40
Commerce
20 Printing and Stationery 1951.00 — 1951.00
21 Public Works 268754.09 — 268754.09
22 Vigilance 1196.00 — 1196.00 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (Rs. in lakhs)
(1) (2)
(3) (4) (5)
23 Home 8447.33 — 8447.33
24 Environment 3113.50 — 3113.50
25 Home Guards and Civil 4500.54 — 4500.54
Defence
26 Fire and Emergency Services 12919.11 — 12919.11
27 Official Language 2165.00 — 2165.00
28 Administrative Tribunal 277.20 — 277.20
29 Public Grievances 186.00 — 186.00
30 Small Savings and Lotteries 2261.00 — 2261.00
31 Panchayats 35695.04 — 35695.04
32 Finance 38650.00 — 38650.00
33 Revenue 2190.22 — 2190.22
34 School Education 219403.95 — 219403.95
35 Higher Education 58915.71 — 58915.71
36 Technical Education 9645.53 — 9645.53
37 Government Polytechnic, 3711.65 — 3711.65
Panaji
38 Government Polytechnic, 1730.02 — 1730.02
Bicholim
39 Government Polytechnic, 1129.50 — 1129.50
Curchorem
40 Goa College of Engineering 6347.21 6347.21
41 Goa Architecture College 1609.20 — 1609.20
42 Sports and Youth Affairs 38424.40 — 38424.40
43 Art and Culture 19560.93 — 19560.93
44 Goa College of Art 891.50 — 891.50
45 Department of Archives 2737.35 — 2737.35
46 Museum 1467.70 — 1467.70
47 Goa Medical College 107135.96 — 107135.96
48 Health Services 104564.90 — 104564.90
49 Institute of Psychiatry and 7200.90 — 7200.90
Human Behaviour
50 Goa College of Pharmacy 3943.05 — 3943.05
51 Goa Dental College 10740.12 — 10740.12
52 Labour 10573.70 — 10573.70 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (Rs. in lakhs)
(1) (2)
(3) (4) (5)
53 Food and Drugs 2826.44 — 2826.44
Administration
54 Town and Country Planning 4051.80 — 4051.80
55 Municipal Administration 60432.06 — 60432.06
56 Information and Publicity 7604.20 — 7604.20
57 Social Welfare 49998.11 — 49998.11
58 Women and Child 50395.07 — 50395.07
Development
59 Factories and Boilers 1475.00 — 1475.00
60 Employment 981.20 — 981.20
61 Skill Development and 14824.71 — 14824.71
Entrepreneurship
62 Law 19042.75 — 19042.75
63 Rajya Sainik Board 341.32 — 341.32
64 Agriculture 27747.69 — 27747.69
65 Animal Husbandry and 17956.18 — 17956.18
Veterinary Services
66 Fisheries 10043.54 — 10043.54
67 Ports Administration 8559.20 — 8559.20
68 Forests 17565.42 — 17565.42
69 Handicraft, Textile and Coir 3285.70 — 3285.70
70 Civil Supplies 8851.50 — 8851.50
71 Cooperation 4508.96 — 4508.96
72 Science and Technology 21615.00 — 21615.00
73 State Election Commission 930.00 — 930.00
74 Water Resources 60563.12 — 60563.12
75 Planning, Statistics and 4357.09 — 4357.09
Evaluation
76 Electricity 385636.96 — 385636.96
77 River Navigation 6760.80 — 6760.80
78 Tourism 26485.70 — 26485.70
79 Goa Gazetteer 120.64 — 120.64
80 Legal Metrology 1189.00 — 1189.00
81 Department of Tribal Welfare 16168.64 — 16168.64
82 Information Technology 24113.95 — 24113.95 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (Rs. in lakhs)
(1) (2)
(3) (4) (5)
83 Mines 3101.85 — 3101.85
84 Civil Aviation 4464.05 — 4464.05
85 Department of Rural 22146.63 — 22146.63
Development
86 New and Renewable Energy 6279.24 — 6279.24
87 Department of Archaeology 4759.40 — 4759.40
88 Department of Public Private 340.00 — 340.00
Partnership
89 Department of Empowerment 120.08 — 120.08
of Persons with Disabilities
TOTAL 2283227.18 401213.17 2684440.35
Statement of Objects and Reasons
The Budget for the year 2023-2024 was presented to the Legislative Assembly on the 29th March, 2023. The Demands for Grants have since been discussed and voted by the Assembly. The Appropriation Bill is, therefore, introduced in accordance with the provisions of Article 204 of the Constitution of India to provide for appropriation out of the Consolidated Fund of the State of Goa of the moneys required for the services during the financial year 2023-2024.
Porvorim, Goa. Dr. PRAMOD SAWANT 10th August, 2023. Finance Minister/Chief Minister.
Assembly Hall, NAMRATA ULMAN Porvorim, Goa. Secretary to the 10th August, 2023. Legislative Assembly of Goa.
_________
Governor's Recommendation under Article 207
of the Constitution of India
In pursuance of Article 207 of the Constitution of India, I, P. S. Sreedharan Pillai, Governor of Goa, hereby recommend the introduction and consideration of the Goa Appropriation (No. 3) Bill, 2023, by the Legislative Assembly of Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Notifcation
LA/LEGN/2023/1581
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 10th August, 2023 is hereby published for general information in pursuance of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legisla- tive Assembly.
–––––––––
The Goa Appropriation (No. 4) Bill, 2023
(Bill No. 24 of 2023)
A
BILL
to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Goa for the services and purposes of the financial year 2023-2024.
BE it enacted by the Legislative Assembly of Goa in the
Seventy-fourth Year of the Republic of India, as follows:—
1. Short title.— This Act may be called the Goa Appropria-
tion (No. 4) Act, 2023.
2. Issue of Rs. 749,64,17,000/- out of the Consolidated Fund of the State of Goa for the financial year 2023-2024.— From and out of the Consolidated Fund of the State of Goa, there may be paid and applied sums not exceeding those specified in column (5) of the Schedule hereto amounting in the aggregate to the sums of seven hundred forty nine crore sixty four lakh seventeen thousand rupees towards defraying the several charges which will come in the course of payment during the financial year 2023-2024 in respect of the services and for purposes specified in column (2) of the said Schedule.
3. Appropriation.— The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Goa under this Act, shall be appropriated for the services and purposes expressed in the said Schedule to this Act in relation to the said financial year.
Schedule
(See sections 2 and 3)
(Rs. in lakhs)
Sums not exceeding
Demand Voted by Charged on the Total
No. Services and purposes Assembly Consolidated Fund of the State of Goa
(1) (2)
(3) (4) (5)
01 Legislature Secretariat 0.01 — 0.01
A1 Raj Bhavan (Charged) — 0.01 0.01
02 General Administration and 1200.04 — 1200.04
Coordination OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (Rs. in lakhs)
(1) (2) (3) (4) (5)
03 District and Sessions Court, 0.01 — 0.01
North Goa
04 District and Sessions Court, 0.01 — 0.01
South Goa
05 Prosecution 0.01 — 0.01
06 Election Office 0.01 — 0.01
07 Settlement and Land Records 0.01 — 0.01
09 Treasury and Accounts 0.01 — 0.01
Administration, South Goa
10 Notary Services 0.02 — 0.02
11 Excise 0.01 — 0.01
12 Commercial Taxes 0.01 — 0.01
13 Transport 0.01 — 0.01
A3 Goa Public Service Commission — 0.01 0.01
(Charged)
14 Goa Sadan 0.01 — 0.01
15 Collectorate, North Goa 0.01 — 0.01
16 Collectorate, South Goa 0.01 — 0.01
17 Police 0.01 — 0.01
18 Jails 0.01 — 0.01
19 Industries, Trade and Commerce 0.13 — 0.13
20 Printing and Stationery 0.01 — 0.01
21 Public Works 5640.00 — 5640.00
22 Vigilance 0.01 — 0.01
23 Home 0.01 — 0.01
24 Environment 500.01 — 500.01
25 Home Guards and Civil 0.01 — 0.01
Defence
27 Official Language 0.01 — 0.01
28 Administrative Tribunal 0.01 — 0.01
29 Public Grievances 0.01 — 0.01
30 Small Savings and Lotteries 0.14 — 0.14
31 Panchayats 0.03 — 0.03
34 School Education 619.13 — 619.13
35 Higher Education 0.01 — 0.01
36 Technical Education 0.01 — 0.01
39 Government Polytechnic, 0.01 — 0.01
Curchorem
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023
(Rs. in lakhs)
(1) (2) (3) (4) (5)
40 Goa College of Engineering 0.01 — 0.01
41 Goa Architecture College 0.01 — 0.01
42 Sports and Youth Affairs 10000.01 — 10000.01
43 Art and Culture 0.02 — 0.02
44 Goa College of Art 0.01 — 0.01
46 Museum 0.01 — 0.01
49 Institute of Psychiatry and 0.03 — 0.03
Human Behaviour
50 Goa College of Pharmacy 0.01 — 0.01
52 Labour 0.01 — 0.01
54 Town and Country Planning 0.01 — 0.01
55 Municipal Administration 4151.27 — 4151.27
56 Information and Publicity 2500.01 — 2500.01
57 Social Welfare 1000.03 — 1000.03
58 Women and Child Development 102.53 — 102.53
60 Employment 0.01 — 0.01
61 Skill Development and 0.04 — 0.04
Entrepreneurship
62 Law 0.01 — 0.01
63 Rajya Sainik Board 0.01 — 0.01
64 Agriculture 2100.02 — 2100.02
65 Animal Husbandary and 0.01 — 0.01
Veterinary Services
66 Fisheries 0.05 — 0.05
67 Ports Administration 0.01 — 0.01
68 Forests 0.01 — 0.01
69 Handicraft, Textile and Coir 0.01 — 0.01
70 Civil Supplies 0.04 — 0.04
71 Cooperation 0.01 — 0.01
72 Science and Technology 0.01 — 0.01
73 State Election Commission 0.01 — 0.01
74 Water Resources 4600.01 — 4600.01
75 Planning, Statistics and 0.01 — 0.01
Evaluation
76 Electricity 40550.01 — 40550.01
77 River Navigation 0.01 — 0.01
78 Tourism 0.03 — 0.03
79 Goa Gazetteer 0.01 — 0.01
80 Legal Metrology 0.01 — 0.01
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023
(Rs. in lakhs)
(1) (2) (3) (4) (5)
81 Department of Tribal Welfare 2000.01 — 2000.01
82 Information Technology 0.01 — 0.01
83 Mines 0.01 — 0.01
84 Civil Aviation 0.01 — 0.01
85 Department of Rural 0.02 — 0.02
Development
86 New and Renewable energy 0.01 — 0.01
87 Department of Archaeology 0.01 — 0.01
88 Department of Public Private 0.01 — 0.01
Partnership
TOTAL 74964.15 0.02 74964.17
Statement of Objects and Reasons
The Supplementary Demands for Grants for the year 2023-2024
(First Batch) was presented to the Legislative Assembly. This Bill is
introduced in pursuance of Article 204 read with Article 205 of the
Constitution of India to provide for appropriation of certain further
sums from and out of the Consolidated Fund of the State of Goa, to
meet the expenditure on certain services, granted by the Legislative
Assembly for those services, during the financial year 2023-2024.
Porvorim, Goa. Dr. PRAMOD SAWANT 10th August, 2023. Finance Minister/Chief Minister
Assembly Hall, NAMRATA ULMAN Porvorim, Goa. Secretary to the 10th August, 2023 Legislative Assembly of Goa.
Governor's Recommendation under Article 207 of the Constitution of India
In pursuance of Article 207 of the Constitution of India, I, P. S. Sreedharan Pillai, Governor of Goa, hereby recommend the introduction and consideration of the Goa Appropriation (No. 4) Bill, 2023, by the Legislative Assembly of Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Notifcation
LA/LEGN/2023/1582
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 10th August, 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 Salary, Allowances and Pension of Members of the Legislative Assembly (Amendment) Bill, 2023
(Bill No. 43 of 2023)
A
BILL
further to amend the Goa Salary, Allowances and Pension of Members of the Legislative Assembly Act, 2004 (Goa Act 20 of 2004).
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 Salary, Allowances and Pension of Members of the Legislative Assembly (Amendment) Act, 2023.
(2) It shall come into force at once.
2. Amendment of section 3.— In section 3 of the Goa Salary, Allowances and Pension of Members of the Legislative Assembly Act, 2004 (Goa Act 20 of 2004) (hereinafter referred to as the "principal Act"), in sub-section (2), for the expression "Rs. 3,000/- (Rupees three thousand only)", the expression "Rs. 4,000/- (Rupees four thousand only)" shall be substituted.
3. Amendment of section 5.— In section 5 of the principal Act, in sub-section (1), for the words "rupees fifteen lakhs", wherever they occur, the words "rupees forty lakhs" shall be substituted.
4. Amendment of section 6.— In section 6
of the principal Act, in sub-section (1),- (i) for the letters, figures and word "Rs. 30 lakhs", the letters, figures and word "Rs. 50 lakhs" shall be substituted;
(ii) the words "and such housing advance can be availed of by a member only once during his life time" shall be omitted;
(iii) af ter the existing proviso, the following proviso shall be inserted, namely:—
"Provided further that a member who has fully repaid the housing advance availed under this sub-section may, during his term of office, be sanctioned another housing advance of upto a maximum of Rs. 50 lakhs.".
5. Amendment of section 8.— In section 8 of the principal Act, for the letters and figures "Rs. 200/-", the letters and figures "Rs. 500/-" shall be substituted.
6. Amendment of section 11.— In section 11 of the principal Act, in sub-section (1),—
(i) for the words "rupees fif teen thousand", the words "rupees thir ty thousand" shall be substituted;
(ii) for the words "two thousand rupees", the words "four thousand rupees" shall be substituted;
(iii) for the words "rupees seventy thousand", the words "rupees two lakhs" shall be substituted.
7. Amendment of section 14.— In section 14 of the principal Act, in sub-section (3), for the expression "Rs. 7,500/-", the expression "Rs. 12,000/-" shall be substituted.
8. Amendment of section 15.— In section 15 of the principal Act, for the words "three hundred litres", the words "five hundred litres" shall be substituted.
9. Amendment of section 16.— In section 16 of the principal Act, in sub-section (2), for the expression "Rs. 3,00,000/- (Rupees Three lakhs only)", the expression "Rs. 5,00,000/- (Rupees Five lakhs only)" shall be substituted.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 202310. Amendment of section 19.— In section 19 of the principal Act, for the expression "not more than five persons, viz., one person as a Personal Secretary in the pay scale of Head Clerk and one Lower Division Clerk, one Peon and two Drivers", the expression "not more than seven persons, viz., one person as a Personal Secretary in the pay scale of Head Clerk, one person as a Personal Assistant in the pay scale of Upper Division Clerk and two Lower Division Clerks, one Peon and two Drivers" shall be substituted.
Statement of Objects and Reasons
In view of rising prices and considering present day cost, the Bill seeks to amend section 3 of the Goa Salary, Allowances and Pension of Members of the Legislative Assembly Act, 2004 (Goa Act 20 of 2004) (hereinafter referred to as the "said Act"), so as to enhance the amount from rupees three thousand to rupees four thousand entitled to a member of the Legislative Assembly for each day on duty in lieu of the accommodation to be provided to him during his period on duty.
The Bill also seeks to amend section 5 of the said Act so as to increase repayable motor car advance admissible to a member from rupees fifteen lakhs to rupees forty lakhs.
The Bill also seeks to amend section 6 of the said Act so as to enhance housing advance from rupees thirty lakhs to rupees fifty lakhs.
The Bill also seeks to amend section 8 of the said Act so as to enhance the contribution of a member, who have availed the motor car advance or housing advance, to the fund of unrecoverable advances from rupees two hundred to rupees five hundred per annum for every lakh of rupees of such advance granted.
The Bill also seeks to amend section 11 of the said Act so as to enhance pension admissible to a member from rupees fifteen thousand to rupees thirty thousand per month for the first year and enhance pension admissible for every successive year of his membership in the Assembly from rupees two thousand to rupees four thousand per month and to enhance maximum ceiling from rupees seventy thousand to rupees two lakhs per month.
The Bill also seeks to amend section 14 of the said Act so as to enhance amount towards reimbursement to a member during his travel outside the State in lieu of accommodation from rupees seven thousand five hundred to rupees twelve thousand.
The Bill also seeks to amend section 15 of the said Act so as to increase the quota of petrol/diesel admissible to a member per month for the use of his personal vehicle from three hundred liters to five hundred liters.
The Bill also seeks to amend section 16 of the said Act so as to enhance the powers of the Speaker to sanction the medical Bills of a member from rupees three lakhs to rupees five lakhs.
The Bill also seeks to amend section 19 of the said Act so as to enable a member to appoint a Personal Assistant and one more Lower Division Clerk.
This Bill seeks to achieve the above objects.
Financial Memorandum
The total financial implications on account of the amendment to sections 3, 5, 6, 11, 14, 15, 16 and 19 proposed in the Bill, would be to the tune of Rs. 1946.00 lakhs (Rupees Nineteen Crore forty six lakhs only) per annum.
Memorandum Regarding Delegated Legislation
No delegated legislation is involved in this
Bill.
Porvorim-Goa. NILESH CABRAL 9th August, 2023. Minister for Law, Judiciary
and Legislative Affairs.
Assembly Hall, NAMRATA ULMAN Porvorim-Goa. Secretary to the Legislative 9th August, 2023. Assembly of Goa.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Governor's Recommendation under Article 207 of the Constitution of India
In pursuance of Ar ticle 207 of the Constitution of India, I, Shreedharan Pillai, Governor of Goa, hereby recommend the introduction and consideration of the Goa Salary, Allowances and Pension of Members of the Legislative Assembly (Amendment) Bill, 2023, by the Legislative Assembly of Goa.
ANNEXURE ------------------------------------------------------------------------------ Extract of sections 3, 5, 6, 8, 11, 14,15, 16 and 19 of the Goa Salary, Allowances and Pension of the Members of the Legislative Assembly Act, 2004 (Goa Act No. 20 of 2004). ------------------------------------------------------------------------------
Section 3
3. Salaries and daily allowances.— (1) A member shall be entitled to receive salary at the rate of ten thousand rupees per month during his term of office and shall also be entitled to receive daily allowances at the rate of two thousand rupees for each day during any period on duty.
Explanation.— Daily allowance shall be admissible to a member for each day on duty irrespective of the time of his arrival or departure.
Provided that, the amount payable as salary and daily allowances shall be increased from time to time, at the rate arrived after deduction of the rate of dearness allowance as was applicable on the first day of April, 2012, from the rate of dearness allowance as notified from time to time, in terms of the Sixth Central Pay Commission's Recommendations.
(2) A member shall be entitled for an amount of Rs. 3,000/- (Rupees three thousand only), for each day on duty in lieu of the accommodation provided under section 13.
Section 5
5. Motor car advance.— (1) Subject to other provisions of this Act and to such conditions as may be prescribed, a Member may be sanctioned, by way of repayable advance, an amount of rupees fifteen lakhs for purchase of new motor car at such installments and interest fixed under the rules:
Provided that a member can avail of the maximum amount of advance of rupees fifteen lakhs and use the same, in part for the purpose of purchase of new motor car and in part for the repayment of outstanding amount of any advance or loan earlier availed of by a member for purchase of motor car either under this Act or any other law or rules made thereunder.
(2) The advance referred to in sub-section (1) may be availed of by a member once every three years provided the member has fully cleared any advance earlier availed under sub-section (1) and if such earlier advance has not been fully cleared, then, the member may be sanctioned a second advance only to the extent of the differential in the amount specified under sub-section (1).
(3) A motor car purchased under sub-section (1) shall be hypothecated to the Government and also insured, in the manner prescribed.
(4) A member may be allowed to sell the motor car purchased under sub-section (1) only for the purpose of repaying the entire amount of advance granted under sub-section (1), with the permission, of the sanctioning authority.
(5) Notwithstanding anything contained in sub- section (1), any advance or loan availed of by a member for purchase of motor car under the provision of any other law or rules made thereunder shall continue to be governed by the provision of such other law or rules.
Section 6
6. Housing advance.— (1) Subject to the provisions of this Act, a member may, during his term of office, be sanctioned a housing advance of upto a maximum of Rs. 30 lakhs, repayable within a maximum period of twenty years on such installments and interest as may be fixed by the Speaker, for construction of a house or a bungalow or for acquiring a flat, for residential purpose and such housing advance can be availed of by a member only once during his life time.
Provided that the balance of the increase in the loan amount can be availed of, by any member who has availed of the loan on an earlier occasion.
(2) The terms and conditions for the grant of housing advance under sub-section (1) shall be as prescribed and the recovery of the advance shall be made from the salary and pension of the member in the manner prescribed.
(3) Notwithstanding anything contained in sub- section (1), a member may be allowed to use out of the advance sanctioned to him under this section, OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 for the purpose of repaying any existing loan availed of by a Member from any Bank or financial institution for the purpose of housing to full extent or for the purpose of carrying out repairs to his house to the extent of 50% of the limit.
(4) A house, bungalow, etc. constructed or a flat acquired with the advance granted under this section shall be mortgaged to the Government by means of a registered deed of mortgage in the manner prescribed and the member shall have no right to sell, mortgage, assign, transfer or alienate in any manner whatsoever such house bungalow, flat, etc, until the entire advance granted under this section is repaid by the member and such mortgage to the Government shall have priority over all other dues.
Section 8
8. Creation of fund for unrecoverable advances.— There shall be created a fund under the authority of the Speaker to which shall be credited by every member who has availed of an advance under section 5 or section 6 of this Act, an amount of Rs. 200/- per annum for every lakh of rupees of advance granted under the said sections, and the amount in such fund shall be used towards meeting the unrecoverable advances under any of the provisions of this Act as and when such situation arises, in the manner prescribed. However, the amount credited to such fund shall not be considered as repayment towards the principal or interest of any advance or loan availed of by a member under this Act.
Section 11
11. Pension.— (1) Subject to the other provisions of this Act, with effect from the 1st day of July, 2004, there shall be paid to every person who has been a member, a pension of rupees fifteen thousand per mensem for the first year and two thousand rupees per month for every successive year of his membership in the Assembly subject to a maximum of rupees seventy thousand per month and while reckoning the period of one year, days exceeding 180 days in a calendar year shall be counted as one year:
Provided that, the amount payable as salary and daily allowances shall be increased from time to time, at the rate arrived after deduction of the rate of dearness allowance as was applicable on the first day of April, 2012, from the rate of dearness allowance as notified from time to time, in terms of the Sixth Central Pay Commission's Recommendations.
Provided that the members of the First Legislative Assembly, the members nominated to the Second Legislative Assembly and the members of the Sixth Legislative Assembly elected from the constituencies of Daman and Diu, of the then Union Territory of Goa, Daman and Diu, and who have served as such members for a period which falls short of five years, shall be deemed to have completed a term of five years and be paid pension accordingly:
Provided further that pension shall also be paid to the members nominated to the Sixth Legislative Assembly:
Provided also that the said members of the Sixth Legislative Assembly elected from the constituencies of Daman and Diu shall not draw the pension as long as they serve as Councillors of the Union Territory of Daman and Diu:
Provided also that after the death of the person as aforesaid, the pension shall be payable to his widow or her widower, as the case may be, as long as she or he does not remarry and after the death of the widow or widower, as the case may be, the
pension shall be payable to the dependent family members of the person as aforesaid till they attain the age of 25 years and to unmarried dependent daughter till she gets married or till her death, whichever is earlier, and such pension shall be payable subject to the provisions in the succeeding
sub-sections of this section and the other provisions of this Act.
(2) The pension payable to a person under sub-section (1), in case there be any outstanding amount or loan or any facilities availed under this Act, it shall be first adjusted towards repayment of
such outstanding amount or loan or any facility availed of, including interest payable thereon, till such entire outstanding amount or loan or facility is cleared.
(3) Where any person entitled to pension under
sub-section (1) –
(i) is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union Territory; or
(ii) becomes a member of the Council of States or the House of the People or any Legislative
Assembly of a State or Union Territory or any Legislative Council of a State; or OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (iii) is employed on a salary under Central
Government, or any State Government or any Corporation owned or controlled by the Central Government or by any State Government or any local authority or becomes otherwise entitled to any remuneration from such Government, Corporation or local authority, such person shall
not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration:
Provided that where the salary payable to such
person for holding such office or being such member or so employed or whom the remuneration referred to in clause (iii) payable to such person is, in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-
section.
(4) Where any person entitled to pension under sub-section (1) is also entitled to any pension from the Central Government or any State Government, or any Corporation owned or controlled by the Central Government or any State Government, or
any local authority under any law or otherwise, then,
(a) where the amount of pension to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be
entitled to any pension under that sub-section; and
(b) where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub- section (1), such person shall be entitled to pension under that sub-section only of an amount
which falls short of the amount of pension to which he is otherwise entitled under that sub- section:
Provided that any pension (whether known as Swantantra Sainik Samman pension or by any other name) received by such pensioner as a freedom fighter or any pension received by such pensioner as a teacher in an aided educational
institution shall not be taken into account for the purpose of this sub-section and such person shall be entitled to receive such pension in addition to the pension to which he is entitled under sub-section (1).
(5) In computing the number of years for the purpose of sub-section (1) the period during which a person has served as a Minister as defined in the Goa Salaries and Allowances of Ministers Act, 1964 (Act 3 of 1965) or as a Speaker or Deputy Speaker as defined in the Goa Salaries and Allowances of the Speaker and Deputy Speaker Act, 1964 (Act 4 of 1965) shall also be taken into account.
Section 14
14. Travelling allowance.— (1) In respect of every journey performed by a member for attending to any official business connected with his duties as a member outside the State, he shall be entitled to travelling allowance from his usual place of residence to such place where the business is to be transacted and for the return journey from such place to his usual place of residence, the amount of such allowance shall be the maximum amount which would be admissible in respect of journeys on tour to a Group "A" Officer of the Central Government serving in connection with the administration of the State of Goa and shall also be entitled to an advance of travelling allowance when proceeding on tour outside the State of Goa in connection with his duties as a member on the same terms and conditions as are applicable to the grant of an advance to the Group "A" officer aforesaid in connection with a tour.
Provided that a member shall also be entitled to travelling allowance, at the rate aforesaid for journey made by him for the purpose other than aforesaid, from his usual place of residence to Delhi or any other place within India and for the return journey from such place to his usual place of residence, not more than twice a year.
(2) Notwithstanding anything contained in sub-section (1), a member who performs a journey by road or by air between places connected by rail, whether wholly or in part, may draw the road mileage in place of the travelling allowance which would have been admissible to him if he had travelled by rail or actual air fare for each journey undertaken, as the case may be:
Provided that the total amount of travelling allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him, had he performed the journey by rail or actual, air fare with respect to journey undertaken, as the case may be.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023(3) A member travelling outside the State, either
in the capacity of committee member or in any other
official capacity, shall be entitled for reimbursement
of an amount to the extent of Rs. 7,500/- per day in
lieu of his/her accommodation/stay during his/her
travel as aforesaid
Section 15
15. Petrol/diesel for personal vehicle.— A member
shall be entitled for a maximum of three hundred
litres of petrol/diesel per month, for the use of his
personal vehicle, the cost of which shall be borne
by the Legislature Secretariat, in the manner
prescribed.
Section 16
16. Medical treatment, etc. to members.— (1) A
Member and the members of his family shall be
entitled, free of charge, to accommodation in
hospitals maintained by the Government and also
to medical treatment in the manner prescribed
under this Act.
(2) The Speaker shall have power to sanction
medical bills upto an amount of Rs. 3,00,000/-
(Rupees Three lakhs only), and for amounts
exceeding Rs. 3,00,000/- (Rupees Three lakhs only),
the medical bills shall be referred to a panel
consisting of the Chief Minister, the Speaker and
the Leader of Opposition, for sanction. The
operation of this section shall be in the manner
prescribed by rules.
Section 19
19. Staff to Member.— A member may appoint
not more than five persons, viz., one person as a
Personal Secretary in the pay scale of Head Clerk
and one Lower Division Clerk, one Peon and two
Drivers, all carrying the same pay scales as attached
to the equivalent posts in the Government. The
member may recruit the above staff from the
employees who are in service of the Government or
the Government Corporations, on deputation, or
from outside, whose term shall be co-terminus with
the term of a member.
Assembly Hall, NAMRATA ULMAN Porvorim–Goa. Secretary to the Legislative 9th August, 2023. Assembly of Goa.
Notifcation
LA/LEGN/2023/1583
The following Bill which was introduced in the Legislative Assembly of the State of Goa on 9th August, 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 Information Technology Development (Amendment) Bill, 2023
(Bill No. 42 of 2023)
A
BILL
further to amend the Goa Information Technology Development Act, 2007 (Goa Act 10 of 2007).
BE it enacted by the Legislative Assembly of Goa in the Seventy-four th Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Goa Information Technology Development (Amendment) Act, 2023.
(2) It shall come into force, on such date as the Government may, by notification in the Official Gazette, appoint.
2. Insertion of new section 38A.—In the Goa Information Technology Development Act, 2007 (Goa Act 10 of 2007), after section 38, the following section shall be inserted, namely:—
"38A. Development of notified area.—(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, once a notification is issued under sub-section (1) of section 38 declaring an area to be a notified area, the Government may by notification in the Official Gazette, appoint a committee consisting of- OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023 (i) The Managing — Chairperson;
Director of the Corporation
(ii) Concerned Deputy — Member;
Director of Directorate of Information Technology, Electronics and Communications, Government of Goa
(iii) One member to be — Member;
nominated by the Corporation from amongst the Directors of the Corporation
(iv) an officer not below the — Member;
rank of Deputy Town Secretary; Planner to be nominated by the Government
(v) Head of Engineering — Member;
Section/ Chief Engineer of the Corporation;
(vi) An officer to be — Member;
nominated by the Government of Goa
(vii) An Architect to be — Member;
nominated by the Corporation
(viii) A person having shown — Member.
capacity in industry or commerce, to be nominated by the Corporation
to decide and dispose of all applications for land development permissions and building construction, under all local or special laws including Goa Town and Country Planning Act, 1974 (Act 21 of 1975) and rules framed thereunder (hereinafter, in this section, referred to as the "said Act").
(2) The committee shall discharge all the functions of the Chief Town Planner, Town and Countr y Planning Depar tment in a non planning area, and functions of the Planning and Development Authority in a planning area, under the laws in force.
(3) The committee shall have regard to the provisions of all local laws including any regional plan, outline development plan, comprehensive development plan or other plans prepared under the said Act.
(4) Notwithstanding anything to the contrary contained in any other law for the time being in force, permissions for any land development and building construction in a notified area shall be decided and disposed by the said Committee and the same shall be governed by the Goa Land Development and Building Construction Regulations, 2010.
(5) Any person aggrieved by the decision or order made by the committee, may prefer an appeal to the Goa Town and Country Planning Board. The provisions of section 45 of the said Act, and the rules framed thereunder, shall, mutatis mutandis, apply to such appeal". be punished with fine which may extend upto fifty thousand rupees."
Statement of Objects and Reasons
The Bill seeks to insert a new section 38A in
the Goa Information Technology Development
Act, 2007 (Goa Act 10 of 2007) so as to
constitute a Committee who shall be
responsible to decide and dispose applications
for land development and building
construction having regard to the provisions
of all local laws including any regional plan,
outline development plan, comprehensive
development plan or other plans prepared
under the Goa Town and Country Planning
Act, 1974 (Act 21 of 1975) and the rules framed
thereunder and facilitate under the Goa Land Development and Building Construction Regulations, 2010, to facilitate the entre- preneurs in the Electronics Manufacturing/ Information Technology domain to obtain permissions for land development and building construction expeditiously.
This Bill seeks to achieve the above
object.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 20 (SUPPLEMENT) 17TH AUGUST, 2023Financial Memorandum
No financial implications are involved in this Bill.
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.
(ROHAN KHAUNTE) Minister for Information
Porvorim-Goa, Technology, Electronics and 09th August, 2023. Communication.
(NAMRATA ULMAN)
Assembly Hall, Porvorim-Goa. Secretary to the Legislative 09th August, 2023. Assembly of Goa.
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