Panaji, 17th August, 2023 (Sravana 26, 1945)

SERIES I No. 20

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

1881

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)

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.

SUPPLEMENT

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;

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(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

financed

the

Government or commission or any

committee

constituted

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;

records;

(d) Arrangement, preservation 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 reports 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;

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(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;

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 recovery 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

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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

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;

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(b) lay down guidelines for training of

Archivists;

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;

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,

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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.

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1887

Notifcation

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)

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-fourth 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 inserted,

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, 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:—

“(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

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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.

Porvorim Goa.

NILESH CABRAL

04th August, 2023.

Minister for Enviroment

and Climate Change.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the

04th August, 2023.

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

Section 2 Definitions— (aa)

“commercial establishment”

means an establishment used

for commercial purpose, such

as, bars, shacks, restaurants,

private offices, fitness clubs,

retails stores, banks, financial

institutions, supermarkets,

auto and boat dealership, etc.

and other such establish-

ment;]

[(ba) ‘inert waste means

which is neither chemically

nor biologically reactive and

will not decompose;]

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”)

(i) For clause (aa) and (ab)

shall be renumbered as clauses

(ab) and (ac) respectively;

(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)” “Importer” means a

person who imports non-

biodegradable packaging

product or products;”; (v)

after clause (k) the following

clause shall be inserted,

namely:-

The

purpose

the

insertion is to define brand

owner and specify duties to

such brand owners for

ensuring proper segregation

and

collection

non

biodegradable garbage.

The purpose of the insertion

is to define Importer and

specify duties to such brand

owners for ensuring proper

segregation and collection of

non biodegradable garbage.

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“(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;”.

3. Amendment of section 5.— for

section 5 of the principal Act, the

following section shall be substi-

tuted, namely:-

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.

“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:-

[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.]

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 .

Schedule [See section 2(e)]

(1) Polyethlene;

(2) Polycarbonate;

(3) Polypropy lene;

(4) Polystyrene;

(5) Polyziny 1 Chloride (PVC);

(6) ABS;

(7) Acetal;

(8) Acrylic;

(9) Cellulose Acetate;

(10)

Cellulose

Acetate

Butyrate;

(11) Nylon.

[(12) Styrofoam;(13) Inter

waste;]

Schedule [See section 2(e)]

(1) Polyethlene ;

(2) Polycarbonate;

(3) Polypropy lene;

(4) Polystyrene;

(5) Polyziny1 Chloride (PVC);

(6) ABS;

(7) Acetal;

(8) Acrylic;

(9) Cellulose Acetate;

(10) Cellulose Acetate Butyrate;

(11) Nylon.

[(12) Styrofoam;

(13) Inter waste;]

(14) Glass;

(15) Aluminum

Purpose of insertion is to

include Glass and Aluminum

Packaging in the non biode-

gradable waste.

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1890

Notifcation

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)

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, 2023

1891

Notifcation

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)

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-fourth 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

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, 2023

1892

3. 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.

NILESH CABRAL

04-08-2023.

Hon. Minister for Law and Judiciary.

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa.

Secretary to the Legislative

04-08-2023.

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

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

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

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1893

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

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

body

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 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.

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1894

(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.”.

3. Amendment of section

20E.— In section 20E of the

principal Act, for the expres-

sion “the Inspector-General or

against any person appointed

for inspection or investigation

under section 20A”, the expres-

sion “the Inspector General or

any person appointed for

inspection or investigation

under section 20A or any

person/s

appointed

Administrator/s under section

20AA” shall be substituted.

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.

20E. Indemnity.— No suit,

prosecution or other legal

proceedings shall lie in any

court against the Government,

the Inspector-General or against

any person appointed for

inspection or investigation

under section 20A, for anything

good faith done or intended to

be done under this Act or rules

made thereunder.”

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1895

Notifcation

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)

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 Survey Committee

constituted under sub-section (1) of

section 12;

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;

historical records;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1896

(d) to acquire digital copies of the ancient

and historical records related to Goa

available in various institutions in India and

abroad;

(e) arrangement, preservation 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

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 reports 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

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

conservation and preservation of the

Manuscripts.

6. Responsibilities of Archivist.—(1) The

Archivist shall be responsible for—

(a) proper arrangement, maintenance and

preservation of ancient and historical

records under his charge;

(b) periodical review of all Historical

records;

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

1897

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

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 Department 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 Survey

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

1898

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

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,

conservation and use of ancient and

historical records;

(b) lay down guidelines for conducting

trainings

Manuscriptology

and

Paleography

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;

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

1899

(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;

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

1900

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 Article 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)

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, 2023

1901

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Demand

Voted by

Charged on the

Total

No.

Titles of Demand

Assembly Consolidated Fund

of the State of Goa

Legislature Secretariat

5192.18

426.00

5618.18

Raj Bhavan (Charged)

—

1937.10

General Administration and

14732.20

—

14732.20

Coordination

District and Sessions Court,

4523.54

—

4523.54

North Goa

District and Sessions Court,

4330.31

—

4330.31

South Goa

Prosecution

1943.44

—

1943.44

Election Office

10240.66

—

10240.66

Settlement and Land

4335.92

—

4335.92

Records

Treasury and Accounts

179403.90

—

179403.90

Administration, North Goa

Treasury and Accounts

901.00

—

901.00

Administration, South Goa

Debt Services (Charged)

—

398028.37

Notary Services

2355.40

—

2355.40

Excise

3025.10

—

3025.10

Commercial Taxes

6173.50

—

6173.50

Transport

29675.38

—

29675.38

Goa Public Service

—

821.70

Commission (Charged)

Goa Sadan

701.20

—

701.20

Collectorate, North Goa

6710.65

—

6710.65

Collectorate, South Goa

6620.42

—

6620.42

Police

99389.07

—

99389.07

Jails

2764.60

—

2764.60

Industries, Trade and

8526.40

—

8526.40

Commerce

Printing and Stationery

1951.00

—

1951.00

Public Works

268754.09

—

268754.09

Vigilance

1196.00

—

1196.00

(Rs. in lakhs)

(1)

(2)

(3)

(4)

(5)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1902

Home

8447.33

—

8447.33

Environment

3113.50

—

3113.50

Home Guards and Civil

4500.54

—

4500.54

Defence

Fire and Emergency Services 12919.11

—

12919.11

Official Language

2165.00

—

2165.00

Administrative Tribunal

277.20

—

277.20

Public Grievances

186.00

—

186.00

Small Savings and Lotteries

2261.00

—

2261.00

Panchayats

35695.04

—

35695.04

Finance

38650.00

—

38650.00

Revenue

2190.22

—

2190.22

School Education

219403.95

—

219403.95

Higher Education

58915.71

—

58915.71

Technical Education

9645.53

—

9645.53

Government Polytechnic,

3711.65

—

3711.65

Panaji

Government Polytechnic,

1730.02

—

1730.02

Bicholim

Government Polytechnic,

1129.50

—

1129.50

Curchorem

Goa College of Engineering

6347.21

Goa Architecture College

1609.20

—

1609.20

Sports and Youth Affairs

38424.40

—

38424.40

Art and Culture

19560.93

—

19560.93

Goa College of Art

891.50

—

891.50

Department of Archives

2737.35

—

2737.35

Museum

1467.70

—

1467.70

Goa Medical College

107135.96

—

107135.96

Health Services

104564.90

—

104564.90

Institute of Psychiatry and

7200.90

—

7200.90

Human Behaviour

Goa College of Pharmacy

3943.05

—

3943.05

Goa Dental College

10740.12

—

10740.12

Labour

10573.70

—

10573.70

(1)

(2)

(3)

(4)

(5)

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1903

Food and Drugs

2826.44

—

2826.44

Administration

Town and Country Planning

4051.80

—

4051.80

Municipal Administration

60432.06

—

60432.06

Information and Publicity

7604.20

—

7604.20

Social Welfare

49998.11

—

49998.11

Women and Child

50395.07

—

50395.07

Development

Factories and Boilers

1475.00

—

1475.00

Employment

981.20

—

981.20

Skill Development and

14824.71

—

14824.71

Entrepreneurship

Law

19042.75

—

19042.75

Rajya Sainik Board

341.32

—

341.32

Agriculture

27747.69

—

27747.69

Animal Husbandry and

17956.18

—

17956.18

Veterinary Services

Fisheries

10043.54

—

10043.54

Ports Administration

8559.20

—

8559.20

Forests

17565.42

—

17565.42

Handicraft, Textile and Coir

3285.70

—

3285.70

Civil Supplies

8851.50

—

8851.50

Cooperation

4508.96

—

4508.96

Science and Technology

21615.00

—

21615.00

State Election Commission

930.00

—

930.00

Water Resources

60563.12

—

60563.12

Planning, Statistics and

4357.09

—

4357.09

Evaluation

Electricity

385636.96

—

385636.96

River Navigation

6760.80

—

6760.80

Tourism

26485.70

—

26485.70

Goa Gazetteer

120.64

—

120.64

Legal Metrology

1189.00

—

1189.00

Department of Tribal Welfare 16168.64

—

16168.64

Information Technology

24113.95

—

24113.95

(1)

(2)

(3)

(4)

(5)

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1904

Mines

3101.85

—

3101.85

Civil Aviation

4464.05

—

4464.05

Department of Rural

22146.63

—

22146.63

Development

New and Renewable Energy

6279.24

—

6279.24

Department of Archaeology

4759.40

—

4759.40

Department of Public Private

340.00

—

340.00

Partnership

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.

(1)

(2)

(3)

(4)

(5)

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1905

Notifcation

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)

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)

Legislature Secretariat

0.01

—

0.01

Raj Bhavan (Charged)

—

0.01

General Administration and

1200.04

—

1200.04

Coordination

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1906

District and Sessions Court,

0.01

—

0.01

North Goa

District and Sessions Court,

0.01

—

0.01

South Goa

Prosecution

0.01

—

0.01

Election Office

0.01

—

0.01

Settlement and Land Records

0.01

—

0.01

Treasury and Accounts

0.01

—

0.01

Administration, South Goa

Notary Services

0.02

—

0.02

Excise

0.01

—

0.01

Commercial Taxes

0.01

—

0.01

Transport

0.01

—

0.01

Goa Public Service Commission

—

0.01

(Charged)

Goa Sadan

0.01

—

0.01

Collectorate, North Goa

0.01

—

0.01

Collectorate, South Goa

0.01

—

0.01

Police

0.01

—

0.01

Jails

0.01

—

0.01

Industries, Trade and Commerce

0.13

—

0.13

Printing and Stationery

0.01

—

0.01

Public Works

5640.00

—

5640.00

Vigilance

0.01

—

0.01

Home

0.01

—

0.01

Environment

500.01

—

500.01

Home Guards and Civil

0.01

—

0.01

Defence

Official Language

0.01

—

0.01

Administrative Tribunal

0.01

—

0.01

Public Grievances

0.01

—

0.01

Small Savings and Lotteries

0.14

—

0.14

Panchayats

0.03

—

0.03

School Education

619.13

—

619.13

Higher Education

0.01

—

0.01

Technical Education

0.01

—

0.01

Government Polytechnic,

0.01

—

0.01

Curchorem

(1)

(2)

(3)

(4)

(5)

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1907

Goa College of Engineering

0.01

—

0.01

Goa Architecture College

0.01

—

0.01

Sports and Youth Affairs

10000.01

—

10000.01

Art and Culture

0.02

—

0.02

Goa College of Art

0.01

—

0.01

Museum

0.01

—

0.01

Institute of Psychiatry and

0.03

—

0.03

Human Behaviour

Goa College of Pharmacy

0.01

—

0.01

Labour

0.01

—

0.01

Town and Country Planning

0.01

—

0.01

Municipal Administration

4151.27

—

4151.27

Information and Publicity

2500.01

—

2500.01

Social Welfare

1000.03

—

1000.03

Women and Child Development

102.53

—

102.53

Employment

0.01

—

0.01

Skill Development and

0.04

—

0.04

Entrepreneurship

Law

0.01

—

0.01

Rajya Sainik Board

0.01

—

0.01

Agriculture

2100.02

—

2100.02

Animal Husbandary and

0.01

—

0.01

Veterinary Services

Fisheries

0.05

—

0.05

Ports Administration

0.01

—

0.01

Forests

0.01

—

0.01

Handicraft, Textile and Coir

0.01

—

0.01

Civil Supplies

0.04

—

0.04

Cooperation

0.01

—

0.01

Science and Technology

0.01

—

0.01

State Election Commission

0.01

—

0.01

Water Resources

4600.01

—

4600.01

Planning, Statistics and

0.01

—

0.01

Evaluation

Electricity

40550.01

—

40550.01

River Navigation

0.01

—

0.01

Tourism

0.03

—

0.03

Goa Gazetteer

0.01

—

0.01

Legal Metrology

0.01

—

0.01

(1)

(2)

(3)

(4)

(5)

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1908

Department of Tribal Welfare

2000.01

—

2000.01

Information Technology

0.01

—

0.01

Mines

0.01

—

0.01

Civil Aviation

0.01

—

0.01

Department of Rural

0.02

—

0.02

Development

New and Renewable energy

0.01

—

0.01

Department of Archaeology

0.01

—

0.01

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.

(1)

(2)

(3)

(4)

(5)

(Rs. in lakhs)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT)

17TH AUGUST, 2023

1909

Notifcation

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)

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) after 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 fifteen

thousand”, the words “rupees thirty

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, 2023

1910

10. 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

duty

lieu

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, 2023

1911

Governor’s Recommendation under Article

207 of the Constitution of India

In pursuance of Article 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,

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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

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(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.

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(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)

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-fourth 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-

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1915

(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

Country Planning Department 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.

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www.goaprintingpre s.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 36.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—192/100—08/2023.

Financial 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

09^th August, 2023.

Communication.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa.

Secretary to the Legislative

09^th August, 2023.

Assembly of Goa.