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Panaji, 25th October, 2023 (Kartika 3, 1945)

SERIES I No. 29

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF GOA

Department of Finance

Office of the Commissioner of State Taxes

––

Notification

CCT/12-9/2023-24/2519

(Under sub-section (3) of section 13 of the

Goa Value Added Tax Act, 2005).

Sub.:- Delegation of powers conferred upon

Commissioner under section 31B of

the Goa Value Added Tax Act, 2005

(Goa Act No. 9 of 2005)

In exercise of the powers conferred under

sub-section (3) of section 13 of the Goa Value

Added Tax Act, 2005 (Goa Act No. 9 of 2005),

I, the undersigned Commissioner of State Tax,

Goa do hereby delegate the powers conferred

under section 31B to the respective Additional

Commissioners of State Tax, within their

respective jurisdiction.

The powers delegated shall be exercised

strictly in accordance with the provisions of

the Goa Value Added Tax Act, 2005 (Goa Act

No. 9 of 2005).

Given under the seal of this office.

S. S. Gill, IAS (Commissioner of State Tax,

Goa).

Panaji, 25th October, 2023.

EXTRAORDINARY

No. 2

Department of Law

Legal Affairs Division

Notification

7/38/2023-LA

The Goa Ancient and Historical Records,

Acquisition and Preservation Act, 2023 (Goa

Act 43 of 2023), which has been passed

by the Legislative Assembly of Goa on

10-08-2023 and assented to by the Governor

of Goa on 19-10-2023, is hereby published

for the general information of the public.

D. S. Raut Desai, Joint Secretary (Law).

Porvorim, 25th October, 2023.

––––––––

The Goa Ancient and Historical Records,

Acquisition and Preservation Act, 2023

(Goa Act 43 of 2023) [19-10-2023]

ACT

to provide for the management, administra-

tion 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.

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25TH OCTOBER, 2023

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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 other than those

declared by or under any law made by

Parliament to be of national importance.

(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;

(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

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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

such

standards,

procedures and techniques as may be

recommended 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

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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 bonafide 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 bonafide 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

Government for a

period not exceeding

three years, one being

an Archivist and two

being Professors in the

Post-graduate Depart-

ment of History in any

recognized University

Member;

the Indian Council of

Historical Research

(ICHR)

(d) Two members 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.

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(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

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 (i) 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;

(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;

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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 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.

SANDEEP JACQUES,

Secretary to the

Secretariat,

Government of Goa,

Porvorim-Goa.

Law Department

Dated: 25-10-2023.

(Legal Affairs).

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