Panaji, 1st August, 2024 (Sravana 10, 1945)

SERIES I No. 18

Reg. No. RNP/GOA/32/2024-2026

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

533

GOVERNMENT OF GOA

Goa Legislature Secretariat

___

LA/LEGN/2024/1338

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 29th July, 2024 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 Goods and Services Tax

(Second Amendment) Bill, 2024

(Bill No. 16 of 2024)

BILL

further to amend the Goa Goods and Services

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

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the Republic

of India as follows:—

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

Act may be called the Goa Goods and

Services Tax (Second Amendment) Act, 2024.

(2) The provisions of this Act shall come

into force on such date as the Government

SUPPLEMENT

may, by notification in the Official Gazette

appoint and different dates may be appointed

for different provisions of this Act.

2. Amendment of section 2.— In the Goa

Goods and Services Tax Act, 2017 (Goa Act 4

of 2017) (hereinafter referred to as the

“principal Act”), in section 2, for clause (61),

the following clause shall be substituted,

namely:—

“(61) “Input Service Distributor” means

an office of the supplier of goods or services

or both which receives tax invoices

towards the receipt of input services,

including invoices in respect of services

liable to tax under sub-section (3) or

sub-section (4) of section 9, for or on behalf

of distinct persons referred to in section

25, and liable to distribute the input tax

credit in respect of such invoices in the

manner provided in section 20;”.

3. Substitution of section 20.— For section

20 of the principal Act, the following section

shall be substituted, namely:—

“20. Manner of distribution of credit by

Input Service Distributor.— (1) Any office

of the supplier of goods or services or both

which receives tax invoices towards the

receipt of input services, including invoices

in respect of services liable to tax under

sub-section (3) or sub-section (4) of section

9, for or on behalf of distinct persons

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534

referred to in section 25, shall be required

to be registered as Input Service Distributor

under clause (viii) of section 24 and shall

distribute the input tax credit in respect of

such invoices.

(2) The Input Service Distributor shall

distribute the credit of State tax or

integrated tax charged on invoices

received by him, including the credit of

State or integrated tax in respect of services

subject to levy of tax under sub-section (3)

or sub-section (4) of section 9 paid by a

distinct person registered in the same State

as the said Input Service Distributor, in

such manner, within such time and subject

to such restrictions and conditions as may

be prescribed.

(3) The credit of State tax shall be

distributed as State tax or integrated tax

and integrated tax as integrated tax or State

tax, by way of issue of a document

containing the amount of input tax credit,

in such manner as may be prescribed.”.

4. Insertion of new section 122A.— After

section 122 of the principal Act, the following

section shall be inserted, namely:—

“122A. Penalty for failure to register

certain machines used in manufacture of

goods as per special procedure.–– (1)

Notwithstanding anything contained in this

Act, where any person, who is engaged in

the manufacture of goods in respect of

which any special procedure relating to

registration of machines has been notified

under section 148, acts in contravention of

the said special procedure, he shall, in

addition to any penalty that is paid or is

payable by him under Chapter XV or any

other provisions of this Chapter, be liable

to pay a penalty equal to an amount of one

lakh rupees for every machine not so

registered.

(2) In addition to the penalty under sub-

-section (1), every machine not so registered

shall be liable for seizure and confiscation:

Provided that such machine shall not be

confiscated where,––

(a) the penalty so imposed is paid; and

(b) the registration of such machine is

made in accordance with the special

procedure within three days of the

receipt of communication of the order of

penalty.”.

Statement of Objects and Reasons

Clause 2 and 3 of the Bill seeks to amend

clause (61) of section 2 and section 20 of the

Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017) (hereinafter may be referred

to as “the said Act”) so as to make

registration of Input Service Distributor (ISD)

mandatory in case of procurement of

common input services and distribution of

Input Tax Credit (ITC) thereof to distinct

persons and also to include the ISD to

distribute Input Tax Credit in respect of

services, the tax on which is liable to be paid

under reverse charge mechanism under sub-

-sections (3) and (4) of section 9 of the said

Act and also to make mandatory the

procedure as laid down in section 20 for

distribution of ITC by ISD.

Clause 4 of the Bill seeks to insert a new

section 122A to provide for penalty and

confiscation of the unregistered machines in

case of failure to register certain machines

used in manufacture of notified goods as per

special procedure notified under section 148

of the said Act.

This Bill seeks to achieve the above objects.

Financial Memorandum

The proposed Goa Goods and Services Tax

(Second Amendment) Bill, 2024 does not

involve any recurring or non-recurring

expenditure from the Consolidated Fund of

the State.

Memorandum Regarding Delegated

Legislation

Clause 3 of the Bill empowers the

Government to frame rules for prescribing the

manner, time and conditions and restrictions

for distributing the credit of State tax or

integrated tax charged on invoices received

OFFICIAL GAZETTE — GOVT. OF GOA

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535

by Input Service Distributor, including the

credit of State or integrated tax in respect of

services subject to levy of tax under

sub-section (3) or sub-section (4) of section 9

of the Goa Goods and Services Tax Act, 2017

(Goa Act 4 of 2017).

These delegations are of normal character.

Assembly Hall,

SHRI PRAMOD SAWANT

Porvorim, Goa.

Hon. Chief Minister/

22nd July, 2024.

/Finance Minister.

Assembly Hall,

SMT. NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

22nd July, 2024.

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,

the Governor of Goa, hereby recommend the

introduction and consideration of the Goa

Goods and Services Tax (Second Amendment)

Bill, 2024 by the Legislative Assembly of Goa.

RAJ BHAVAN

P. S. SREEDHARAN PILLAI

Date: 18th July, 2024.

Governor of Goa.

_______

ANNEXURE

-------------------------------------------------------------

Extracts from The Goa Goods and Services

Tax Act, 2017 (Goa Act 4 of 2017)

-------------------------------------------------------------

Section 2. Definitions.— (61) “Input Service

Distributor” means an office of the supplier of goods

or services or both which receives tax invoices

issued under section 31 towards the receipt of

input services and issues a prescribed document

for the purposes of distributing the credit of central

tax, State tax, integrated tax or Union territory tax

paid on the said services to a supplier of taxable

goods or services or both having the same

Permanent Account Number as that of the said

office;

Section 20 – Manner of distribution of credit by

Input Service Distributor.—

(1) The Input Service Distributor shall distribute

the credit of central tax as central tax or integrated

tax and integrated tax as integrated tax or central

tax, by way of issue of a document containing the

amount of input tax credit being distributed in

such manner as may be prescribed.

(2) The Input Service Distributor may distribute

the credit subject to the following conditions,

namely:––

(a) the credit can be distributed to the

recipients of credit against a document

containing such details as may be prescribed;

(b) the amount of the credit distributed shall

not exceed the amount of credit available for

distribution;

attributable to a recipient of credit shall be

distributed only to that recipient;

(d) the credit of tax paid on input services

attributable to more than one recipient of credit

shall be distributed amongst such recipients to

whom the input service is attributable and such

distribution shall be pro rata on the basis of the

turnover in a State or turnover in a Union territory

of such recipient, during the relevant period, to

the aggregate of the turnover of all such

recipients to whom such input service is

attributable and which are operational in the

current year, during the said relevant period;

(e) the credit of tax paid on input services

attributable to all recipients of credit shall be

distributed amongst such recipients and such

distribution shall be pro rata on the basis of the

turnover in a State or turnover in a Union territory

of such recipient, during the relevant period, to

the aggregate of the turnover of all recipients

and which are operational in the current year,

during the said relevant period.

Explanation.— For the purposes of this

section,—

(a) the “relevant period” shall be—

(i) if the recipients of credit have turnover

in their States or Union territories in the

financial year preceding the year during

which credit is to be distributed, the said

financial year; or

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536

(ii) if some or all recipients of the credit

do not have any turnover in their States or

Union territories in the financial year

preceding the year during which the credit

is to be distributed, the last quarter for

which details of such turnover of all the

recipients are available, previous to the

month during which credit is to be

distributed;

(b) the expression “recipient of credit”

means the supplier of goods or services or

both having the same Permanent Account

Number as that of the Input Service

Distributor;

registered person engaged in the supply of

taxable goods as well as goods not taxable

under this Act, means the value of turnover,

reduced by the amount of any duty or tax

levied [under entries 84 and 92A] of List I of

the Seventh Schedule to the Constitution and

entries 51 and 54 of List II of the said Schedule.

________

LA/LEGN/2024/1339

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th July, 2024 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 Irrigation

(Amendment) Bill, 2024

(Bill No. 17 of 2024)

BILL

further to amend the Goa Irrigation Act, 1973

(Act No. 18 of 1973).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

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

Act may be called the Goa Irrigation

(Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Irrigation Act, 1973 (Act No. 18 of

1973) (hereinafter referred to as the “principal

Act”), after clause (1), the following clause

shall be inserted, namely:—

“(1A) “Bulk user of water” means any

person including an institution, a company

or an establishment, whether Government

or not, including restaurant, hotel, multi

dwelling unit, water treatment plant,

desalination plant, or any other commercial

or industrial establishment, or an

establishment dealing with activity of

construction, whose consumption of water

exceeds 30 cubic meters per day;”.

3. Insertion of new section 85A.— After

section 85 of the principal Act, the following

section shall be inserted, namely:—

“85A. Obligation of the Bulk user of

water.— Every Bulk user of water shall treat

sewage, before its release, by adopting the

standards as specified by the Goa State

Pollution Control Board, failing which, he

shall be charged a penalty of Rs. 10/- per

cubic meter of water supplied to him or

part thereof.”.

Statement of Objects and Reasons

The Department of Water Resources of the

Government supplies large quantity of water

to the bulk users and such bulk users are

duty bound to treat sewage, before it being

released, so as to prevent contamination of

water resources in the State. However, some

bulk users do not treat sewage and release it

untreated, which pollutes water bodies, fresh

water and canal water. The Government has

to undertake desilting of water bodies and

irrigational canals every year by spending

huge amount.

The Bill, therefore, seeks to charge penalty

of Rs. 10/- per cubic meter of water supplied

to bulk users or part thereof, who do not treat

the water after its use and release untreated

OFFICIAL GAZETTE — GOVT. OF GOA

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537

sewage, so that such amount collected by

charging penalty can be utilized for

improving/enhancing quality of water

resources of the State.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this Bill, however, it would generate

additional revenue which cannot be

quantified at this stage.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Assembly Hall,

SUBHASH SHIRODKAR

Porvorim, Goa.

Minister for Water

24th July, 2024.

Resources.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary (Legislature).

24th July, 2024.

_______

ANNEXURE

-------------------------------------------------------------

Extracts of Section as of The Goa Irrigation

Act, 1973

(Act No. 18 of 1973)

-------------------------------------------------------------

Section 85. Obstruction to be removed and

damage repaired.— Where and person is convicted

under the Section 84, the court sentencing him any

order he shall remove the obstruction or repair the

damage in respect of which the conviction has been

made within a period to be specified in such order.

If such person neglects or refuses to obey such

orders within a period specified, any Canal Officer

duly empowered by the Government in this behalf

may remove such obstructions, or repair such

damage, and the cost of such removal or repair as

certified by the said officer shall be recoverable

from such persons as an arrear of land revenue.

LA/LEGN/2024/1340

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th July, 2024 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 Ground Water Regulation

(Amendment) Bill, 2024

(Bill No. 18 of 2024)

BILL

further to amend the Goa Ground Water

Regulation Act, 2002 (Goa Act 1 of 2002).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

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

Act may be called the Goa Ground Water

Regulation (Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Ground Water Regulation Act, 2002

(Goa Act 1 of 2002) (hereinafter referred to

as the “principal Act”), after clause (a), the

following clause shall be inserted, namely:—

“(aa)

“acquifer

systems”

means

geological formation capable of storing and

transmitting ground water;”.

3. Amendment of section 17.— In section

17 of the principal Act,—

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

shall be substituted, namely:—

“(B) For illegal sinking/construction

and/or use of well, or transportation of

ground water:

If any person/user,—

OFFICIAL GAZETTE — GOVT. OF GOA

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538

(a) contravenes or fails to comply with

any of the provisions of this Act or any

rule made thereunder, in sinking of an

open well or bore well or transportation

of ground water; or

(b) obstructs the Ground Water Officer

or any other person authorized by him

to exercise the powers under this Act,

he shall be punishable with fine as

specified in the table below,—

TABLE

For illegal sinking

of an open

of a bore well/

well/illegal

transportation

of ground water in

of ground water

violation of any of

the terms and

conditions stipulated

in the permission

granted for

transportation

of ground water

For the first Fine which may

Fine which may

offence

extend for rupees extend to rupees

five thousand only five lakhs only.

For the

Fine which may

second

extend for rupees extend to rupees

or subse-

ten thousand only ten lakhs only.

quent

offence

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

shall be inserted, namely:—

“(C) For polluting or contaminating

ground water by injecting treated/

untreated water into the aquifer systems:

If any person/user,—

(a) pollutes or contaminates ground

water by injecting treated or untreated

water into the aquifer systems; or

(b) obstructs the Ground Water Officer

or any other person authorized by him

to exercise the powers under this Act,

he shall be punishable with a fine of

rupees ten lakhs and the well if any

sunk, shall be filled and permanently

sealed and the expenditure incurred

thereto shall be recovered from such

person/user.”.

Statement of Objects and Reasons

The present quantum of fines as provided

in the Goa Ground Water Regulation Act, 2002

(Goa Act 1 of 2002) (hereinafter referred to

as the “said Act”) are not effective to deter

the activities of illegal sinking/construction

of wells and illegal transportation of ground

water. There is an urgent need to protect

ground water aquifer from pollution and/or

contamination. Therefore, the Bill seeks to

amend clause (B) of section 17 of the said

Act so as to enhance the quantum of fines.

The water quality of several wells in the

State, especially in the urban areas and in

the industrial estates, have been deteriorating

due to direct or indirect injection of pollutants

into the aquifers. Many such incidents have

come to light wherein industrial affluent was

directly released/pumped into the aquifer.

The Ministry of Jal Shakti, Department of

Water Resources, River Development and

Ganga Rejuvenation in pursuance of the

directions issued by the Hon’ble National

Green Tribunal, New Delhi vide its Order

dated 15-4-2015 in O.A. Nos. 204/205/206 of

2014 and powers conferred by sub-section

(3) of section 3 read with section 5 of the

Environment (Protection) Act, 1986 (29 of

1986) has notified guidelines to regulate and

control ground water extraction in India vide

notification No. S.O. 3289(E) dated 24-9-2020,

published

the

Gazette

India,

Extraordinary,

Part

II-SEC3(ii)

dated

24-9-2020.

As per the provisions contained in the

clause 16.0 of the said Guidelines a penalty

of Rs. 10,00,000/- is to be levied for injection

of treated/untreated water into the aquifer

systems.

This Bill seeks to achieve the above object.

Financial Memorandum

No Financial implications are involved in

this Bill, however, it will generate additional

revenue by way of collection of penalty.

No Financial implications are involved in

this Bill, however, it will generate additional

revenue by way of collection of penalty.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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539

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Assembly Hall,

SUBHASH SHIRODKAR

Porvorim, Goa.

Minister for Water

24th July, 2024.

Resources.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary (Legislature).

24th July, 2024.

_______

ANNEXURE

-------------------------------------------------------------

Extract of Section 17 of the Goa Ground

Water Regulation Act, 2002

(Goa Act 1 of 2002)

-------------------------------------------------------------

Section 17. Offences and Penalties.—

(A) For non-receipt of information:

If any user.—

(a) contravenes or fails to comply with any of

the provisions of this Act or rules made

thereunder, in supplying information as

prescribed; or

(b) obstructs the Ground Water Officer or any

other person authorized by him to exercise any

powers under this Act,

he shall be punishable—

(i) for the first offence, with fine which may

extend to rupees one thousand; and

(ii) for the second and subsequent offence,

with fine which may extend to rupees two

thousand, every time.

(B) For illegal sinking/construction and/or use of

wells and/or transportation of water and/or

polluting and contaminating ground water:

If any user—

(a) contravenes or fails to comply with any of

the provisions of this Act or rules made

thereunder;

(b) obstructs the Ground Water Officer or any

other person authorized by him to exercise the

powers under this Act,

he shall be punishable—

(i) for the first offence, with fine which may

extend to rupees five thousand;

(ii) for the second and subsequent offence,

with fine which may extend upto rupees ten

thousand, every time and the well shall be

sealed by the Ground Water Officer.

–––––---

LA/LEGN/2024/1341

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th July, 2024 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 Bharatiya Nagarik Suraksha Sanhita

(Goa Amendment) Bill, 2024

(Bill No. 21 of 2024)

BILL

to amend the Bharatiya Nagarik Suraksha

Sanhita, 2023 (Central Act No. 46 of 2023),

as in force in the State of Goa.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

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

Act may be called the Bharatiya Nagarik

Suraksha Sanhita (Goa Amendment) Act,

2024.

(2) It shall come in force at once.

2. Amendment of section 396.— In section

396 of the Bharatiya Nagarik Suraksha

Sanhita, 2023 (Central Act No. 46 of 2023), as

in force in the State of Goa,-

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

“District Legal Service Authority or the

State Legal Service Authority, as the case

may be” the words “State Government”

shall be substituted;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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540

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

“State or the District Legal Services

Authority”,

the

words

“State

Government” shall be substituted;

(iii) in sub-section (5), for the words

“State or the District Legal Services

Authority”, the words “State Government”

shall be substituted;

(iv) in sub-section (6), for the expression

“State or the District Legal Services

Authority, as the case may be”, the words

“State Government” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 396 of the

Bharatiya Nagarik Suraksha Sanhita 2023

(Central Act No. 46 of 2023), as in force, in

the State of Goa so as to enable the State

Government to decide the quantum of

compensation to be awarded to the victim or

his dependants who have suffered loss or

injury as a result of the crime and who require

rehabilitation, under the scheme prepared by

the State Government in terms of sub-section

(1) of said section 396 of the said Act.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim, Goa.

DR. PRAMOD SAWANT

24th July, 2024.

Chief Minister.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

19th July, 2024.

Assembly of Goa.

ANNEXURE

--------------------------------------------------------------

Extract of Section 396, Bharatiya Nagarik

Suraksha Sanhita 2023 (Central Act No. 46 of

2023), as in force in the State of Goa

--------------------------------------------------------------

Section 396

396. Victim Compensation scheme.— (1) Every

State Government in co-ordination with the Central

Government shall prepare a scheme for providing

funds for the purpose of compensation to the victim

or his dependents who have suffered loss or injury

as a result of the crime and who require

rehabilitation.

(2) Whenever a recommendation is made by the

Court for compensation, the District Legal Service

Authority or the State Legal Service Authority, as

the case may be, shall decide the quantum of

compensation to be awarded under the scheme

referred to in sub-section (1).

(3) if the trial Court, at the conclusion of the trial,

is satisfied, that the compensation awarded under

section 395 is not adequate for such rehabilitation,

or where the cases end in acquittal or discharge

and the Victim has to be rehabilitated, it may make

recommendation for compensation.

(4) Where the offender is not traced or identified,

but the victim is identified, and where no trial take

place, the victim or his dependents may make an

application to the State or the District Legal Service

Authority for award of compensation.

(5) On receipt of such recommendations or on

the application under sub-section (4), the State or

the District Legal Service Authority shall, after due

enquiry award adequate compensation by

completing the enquiry within two months.

(6) The State or the District Legal Service

authority, as the case may be, to alleviate the

suffering of the victim, may order for immediate

first-aid facility or medical benefits to be made

available free of cost on the certificate of the police

officer not below the rank of the officer in charge of

the police station or a Magistrate of the area

concerned, or any other interim relief as the

appropriate authority deems fit.

(7) The compensation payable by the State

Government under this section shall be in addition

to the payment of fine to the victim under section

67(4), section 68, section 70(1) and section 70(2) of

Bharatiya Nyaya Sanhita 2023.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

19th July, 2024.

Assembly of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

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541

LA/LEGN/2024/1342

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th July, 2024 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 Court-Fees Bill, 2024

(Bill No. 22 of 2024)

BILL

to consolidate and amend the law relating

to fees taken in the courts and public offices

and fees taken in respect of certain matters in

the State of Goa, other than fees falling under

entries 77 and 96 of List I in the Seventh

Schedule to the Constitution of India.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the Republic

of India as follows:—

CHAPTER I

Preliminary

1. Short title, extent commencement and

application.— (1) This Act may be called the

Goa Court-Fees Act, 2024.

(2) It shall extend to the whole of the State

of Goa.

(3) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

(4) The provisions of this Act shall not apply

to fees or stamps relating to documents

presented or to be presented before any officer

serving under the Central Government.

(5) In the absence of any specific provision

to the contrary, nothing in this Act shall affect

any special law now in force relating to fees

taken in the courts and public offices.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Application” shall have the same

meaning as assigned to it in the context of

its used in the body and schedule of this

Act;

(b) “Appeal” shall have the same

meaning as assigned to it in the context of

its used in the body and schedule of this

Act;

means such officer as the Government may,

by notification in the Official Gazette,

appoint in this behalf for the whole or any

part of the State of Goa;

(d) “Collector” includes any officer

authorised by the Chief Controlling Revenue

Authority to perform the functions of a

Collector under this Act;

(e)

“Government”

means

the

Government of Goa;

(f) “High Court” means the High Court

of Bombay at Goa;

(g) “Plaint” includes set-off, counter

claim, cross objection, etc., and shall have

the same meaning as assigned to it in the

context of its used in the body and schedule

of this Act, respectively;

(h) “Petition” shall have the same

meaning as assigned to it in the context of

its used in the body and schedule of this

Act;

(i) “prescribed” means prescribed by

rules made under this Act;

(j) “Schedule” means Schedule I,

Schedule II and Schedule III appended

hereto;

CHAPTER II

Fees in the High Court

3. Levy of fees in High Court.— The fees

payable for the time being to the clerks and

officers (other than the sheriffs and attorneys)

of the High Court; or chargeable in that Court

under article 10 of Schedule I and articles 9,

12 and 17 of Schedule II hereto, shall be as

per the provisions of this Act.

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4. Fees on documents filed, etc. in High

Court in its extraordinary jurisdiction.— No

document of any of the kinds specified in

schedules hereto, as chargeable with fees,

shall be filed, exhibited or recorded in, or shall

be received or furnished by the High Court in

any case coming before such Court in the

exercise of its extraordinary original civil

jurisdiction or in the exercise of its

extraordinary original criminal jurisdiction or

in the exercise of its jurisdiction as regards

appeals from the judgments (other than

judgments passed in the exercise of the

ordinary original civil jurisdiction of the Court)

of one or more Judges of the said Court, or of

a Division Court or in the exercise of its

jurisdiction as regards appeals from the Courts

subject to its superintendence or in the

exercise of its jurisdiction as a Court of

reference or revision unless in respect of such

document there shall be paid a fee of an

amount not less than that indicated by either

of the schedules hereto as the proper fee for

such document.

5. Procedure in case of difference as to

necessity or amount of fee.— (1) When any

difference arises between the officer whose

duty it is to see that any fee is paid under this

Chapter and any suitor, petitioner, appellant,

applicant or attorney, as to the necessity of

paying a fee or the amount thereof, the

question shall, when the difference arises in

the High Court, be referred to the taxing-

officer, whose decision thereon shall be final,

except when the question is, in his opinion,

one of general importance, in which case he

shall refer it to the final decision of the Chief

Justice of such High Court, or of such Judge

of the High Court as the Chief Justice shall

appoint either generally or specially in this

behalf.

(2) The Chief Justice of the High Court shall

declare who shall be taxing-officer for the

purpose of sub-section (1).

CHAPTER III

Fees in other Courts and in Public Offices

6. Fees on documents filed, etc., in Courts

or in public offices.— Except in the Courts

hereinbefore mentioned, no document of any

of the kinds specified as chargeable with fees

in the Schedules shall be filed, exhibited or

recorded in any Court of Justice, or shall be

received or furnished by any public officer,

unless in respect of such document there has

been paid a fee of an amount not less than that

indicated in either of the said Schedules as the

proper fee for such document.

7. Computation of fees payable in certain

suits.— The amount of fee payable in the suits

specified herein shall be computed,—

(i) for money.— In suits for money

(including

suits

for

damages

compensation, or arrears of maintenance, of

annuities, or of other sums payable

periodically), according to the amount

claimed.

(ii) for maintenance and annuities.— In

suits for maintenance and annuities or other

sums payable periodically—according to the

value of the subject-matter of the suit, and

such value shall be deemed to be ten times

the amount claimed to be payable for one

year:

(iii) for other movable property having a

market-value.— In suits for movable

property other than money, where the

subject-matter has a market-value,

according to such value at the date of

presenting the plaint;

(iv) In suits —

(a) for movable property of no market-

value.— for movable property where the

subject matter has no market-value as for

instance in the case of documents relating

to title,

(b) to enforce a right to share in joint

family property.— to enforce the right to

share in any property on the ground that

it is joint family property,

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consequential relief.— to obtain a

declaratory decree or order, where

consequential relief is prayed,

(d) for an injunction.— to obtain an

injunction,

(e) for easements.— for a right to some

benefit (not herein otherwise provided for)

to arise out of land, and

(f) for accounts.— for accounts,

according to the amount at which the relief

sought is valued in the plaint or memorandum

of appeal:

Explanation.—

In all such suits the plaintiff shall state the

amount at which he values the relief sought:

(v) for possession of land, houses and

gardens.— In suits for the possession of

land, houses and gardens, according to the

value of the subject-matter; and such value

shall be deemed to be, where the subject

matter is land, and,—

(a) where the land forms an entire

estate, or a definite share of an estate,

paying annual revenue to Government,

or forms part of such an estate and is

recorded in the Collector’s register as

separately assessed with such revenue

and such revenue is permanently settled,

ten times the revenue so payable:

(b) where the land forms an entire

estate, or a definite share of an estate,

paying annual revenue to Government,

or forms part of such estate and is

recorded as aforesaid and such revenue

is settled, but not permanently, five times

the revenue so payable:

revenue, or has been partially exempted

from such payment, or is charged with

any fixed payment in lieu of such revenue,

and net profits have arisen from the land

during the year next before the date of

presenting the plaint, fifteen times such

net profits but where no such net profits

have arisen therefrom, the amount at

which the Court shall estimate the land

with reference to the value of similar land

in the neighbourhood;

(d) where the land forms part of an

estate paying revenue to Government,

but is not a definite share of such estate

and is not separately assessed as above-

mentioned, the market value of the land;

(e) for houses and gardens.— Where

the subject-matter is a house or garden,

according to the market value of the

house or garden;

(vi) to enforce a right of pre-emption.—

In suits to enforce a right of pre-emption,

according to the value (computed in

accordance with clause (v) of this section)

of the land, house or garden in respect of

which the right is claimed;

(vii) for interest of assignee of land

revenue.— In suits for the interest of an

assignee of land revenue, fifteen times his

net profits as such for the year next before

the date of presenting the plaint;

(viii) to set aside an attachment.— In

suits to set aside an attachment of land or

of an interest in land or revenue, according

to the amount for which the land or interest

was attached:

Provided that, where such amount

exceeds the value of the land or interest,

the amount of fee shall be computed as if

the suit is for the possession of such land or

interest.

(ix) to redeem.— In suits against a

mortgagee for the recovery of the property

mortgaged;

(x) to foreclose.— and in suits by a

mortgagee to foreclose the mortgage, or

where the mortgage is made by conditional

sale, to have the sale declared absolute,

according to the principal money expressed

to be secured by the instrument of

mortgage;

(xi) for specific performance.— In suits for

specific performance,

(a) of a contract of sale, according to

the amount of the consideration;

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(b) of a contract of mortgage, according

to the amount agreed to be secured;

the aggregate amount of the fine or

premium (if any) and of the rent agreed

to be paid during the first year of the

term;

(d) of an award, according to the

amount or value of the property in

dispute;

(xii) between landlord and tenant.— In

the following suits between landlord and

tenant:—

(a) for the delivery by a tenant of the

counterpart of a lease,

(b) to enhance the rent of a tenant

having a right of occupancy,

lease,

(d) for the recovery of immovable

property from a tenant, including a tenant

holding over after the determination of a

tenancy,

(e) to contest a notice of ejectment,

(f) to recover the occupancy of

immovable property from which a tenant

has been illegally ejected by the landlord,

and

(g) for abatement of rent,

according to the amount of the rent of the

immovable property to which the suit refers,

payable for the year next before the date of

presenting the plaint.

8. Fee on memorandum of appeal against

order relating to compensation.— (1) The

amount of fee payable under this Act on a

memorandum of appeal against an order

relating to compensation under any Act for the

time being in force for the acquisition of land

for public purposes, shall be computed

according to the difference between the

amount awarded and the amount claimed or

challenged by the appellant:

Provided that, where the Government is an

acquiring body, it shall not be liable for

payment of fee in such appeals.

Explanation.— For the purposes of this sub-

section, “amount” means the amount in

dispute and it shall not include the amount of

statutory benefits.

(2) The amount of fee payable under this Act

on a memorandum of appeal against an award

of a Claims Tribunal preferred under section

173 of the Motor Vehicles Act, 1988 (Central

Act 59 of 1988), shall be computed as

follows:—

(i) if such appeal is preferred by the

insurer or owner of the motor vehicle, the

full ad valorem fee leviable on the amount

at which the relief is valued in the

memorandum of appeal according to the

scale specified under article 1 of Schedule I

hereto;

(ii) if such appeal is preferred by any

other person, one-half of the ad valorem fee

leviable on the amount at which the relief

is valued in the memorandum of appeal

according to the said scale:

Provided that if such person succeeds in

the appeal, he shall be liable to make good

the deficit, if any, between the full ad

valorem fee payable on the relief awarded

in the appeal according to the said scale and

the fee already paid by him; and the amount

of such deficit shall, without prejudice to

any other mode of recovery, be recoverable

as an arrear of land revenue.

9. Power to ascertain net profits or market-

value.— If the Court sees reason to think that

the annual net profits or the market-value of

any such land, house or garden as is specified

in clauses (v) and (vi) of section 7 have or has

been wrongly estimated, the Court may, for

the purpose of computing the fee payable in

any suit therein mentioned, issue a

commission to any proper person directing

him to make such local or other investigation

as may be necessary, and to report thereon to

the Court.

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10. Procedure where net profits or market-

value wrongly estimated.— (1) If in the result

of any such investigation, the Court decides

that the net profits or market-value have or

has been wrongly estimated, the Court, if the

estimation has been excessive, may in its

discretion refund the excess paid as such fee:

but, if the estimation has been insufficient, the

Court shall require the plaintiff to pay so much

additional fee as would have been payable had

the said market-value or net profits been rightly

estimated.

(2) In such case the suit shall be stayed until

the additional fee is paid. If the additional fee

is not paid within such time as the Court shall

fix, the suit shall be dismissed.

11. Procedure in suits for mesne profits or

account when amount decreed exceeds

amount claimed.— (1) In suits for mesne

profits or for immovable property and mesne

profits, or for an account, if the profits or

amount decreed are or is in excess of the

profits claimed or the amount at which the

plaintiff valued the relief sought, the decree

shall not be executed until the difference

between the fee actually paid and the fee

which would have been payable had the suit

comprised the whole of the profits or amount

so decreed shall have been paid to the proper

officer.

(2) Where the amount of mesne profits is left

to be ascertained in the course of the execution

of the decree, if the profits so ascertained

exceed the profits claimed, the further

execution of the decree shall be stayed until

the difference between the fee actually paid

and the fee which would have been payable

had the suit comprised the whole of the profits

so ascertained is paid. If the additional fee is

not paid within such time as the Court shall

fix, the suit shall be dismissed.

12. Decision of questions as to valuation.—

Every question relating to valuation for the

purpose of determining the amount of any fee

chargeable under this Chapter on a plaint or

memorandum of appeal, shall be decided by

the Court in which such plaint or

memorandum, as the case may be, is filed, and

such decision shall be final as between the

parties to the suit:

Provided that whenever any such suit

comes before a Court of appeal, reference or

revision, if such Court considers that the said

question has been wrongly decided to the

detriment of the revenue, it shall require the

party by whom such fee has been paid to pay

so much additional fee as would have been

payable had the question been rightly

decided, and the provisions of sub-section (2)

of Section 10, shall apply.

13. Refund in cases of remand.— (1) Where

a plaint or memorandum of appeal which has

been rejected by the lower Court is ordered

to be received, or where a suit is remanded in

appeal for a fresh decision by the lower Court,

the Court making the order or remanding the

appeal shall, where the whole decree is

reversed and the suit is remanded, and may

in other cases direct the refund to the appellant

of the full amount of fee paid on the

memorandum of appeal, and, if on second

appeal the case is remanded to the trial Court,

also on the memorandum of appeal in the first

appellate Court.

(2) Where an appeal is remanded in second

appeal for a fresh decision by the lower

appellate Court, the High Court when

remanding the appeal may direct the refund

to the appellant of the full amount of fee paid

on the memorandum of second appeal.

(3) Notwithstanding anything contained in

sub-sections (1) and (2) if the order of remand

does not cover the whole of the subject matter

of the suit, the refund shall not extend to more

than so much of the fee as would have been

originally payable on that part of the subject

matter in respect of which the suit has been

remanded:

Provided that no refund shall be ordered if

the remand was occasioned by the fault of the

person who would otherwise be entitled to a

refund.

14. Refund of fee on application for review

of judgment.— Where an application for a

review of judgment is presented on or after

the ninetieth day from the date of the decree,

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the Court, unless the delay was caused by the

applicant’s laches, may, in its discretion, grant

him a certificate authorizing him to receive

back from the Collector or by way of e-payment,

in the manner as prescribed, so much of the

fee paid on the application as exceeds the fee

which would have been payable had it been

presented before such day.

15. Refund where Court reverses or modifies

its former decision on ground of mistake.—

Where an application for a review of judgment

is admitted, and where, on the rehearing, the

Court reverses or modifies its former decision

on the ground of mistake in law or fact, the

applicant shall be entitled to a certificate from

the Court authorising him to receive back from

the Collector or by way of e-payment, in the

manner as prescribed, so much of the fee paid

on the application as exceeds the fee payable

on any other application to such Court under

clause (b) and (c) of article 1 of Schedule II

hereto:

Provided that this section shall not entitle

the applicant to such certificate where the

reversal or modification is due, wholly or in

part, to fresh evidence which might have been

produced at the original hearing.

16. Refund of Fee.— Where the Court refers

the parties to a suit to any one of the mode of

settlement of dispute referred to in section 89

of the Code of Civil Procedure, 1908 (Act 5 of

1908) and the matter is settled by one of the

modes provided under section 89 of the Code

of Civil Procedure, 1908 (Act 5 of 1908), the

plaintiff shall be entitled to a certificate from

the Court authorising him to receive back from

the Collector or by way of e-payment, in the

manner as prescribed, the full amount of the

fee paid in respect of such plaint.

17. Refund in cases of delay in presentation

of plaint, etc.— (1) Where a plaint or

memorandum of appeal is rejected on the

ground of delay in its presentation or where

the fee paid on a plaint or memorandum of

appeal is deficient and the deficiency is not

made good within the time allowed by law or

granted by the Court, or the delay in payment

of the deficit fee is not condoned and the plaint

or memorandum of appeal is consequently

rejected, the Court shall direct the refund to

the plaintiff or the appellant, of the fee paid on

the plaint or memorandum of appeal which has

been rejected.

(2) Where a memorandum of appeal is

rejected on the ground that it was not

presented within the time allowed by the law

of limitation, one-half of the fee shall be

refunded.

18. Refund on settlement before hearing.—

Wherever by agreement of parties,—

(i) any suit is dismissed as settled out of

Court before any evidence has been

recorded on the merits of the claim; or

(ii) any suit is compromised ending in a

compromise decree before any evidence

has been recorded on the merits of the claim;

(iii) any appeal is disposed of before the

commencement of hearing of such appeal,

half the amount of all fees paid in respect of

the claim or claims in the suit or appeal shall

be ordered by the Court to be refunded to the

parties by whom the same have been

respectively paid.

Explanation (1): The expression “merits of

the claim” refers to all matters which arise for

determination in the suit not being matters

relating to the frame of the suit, misjoinder of

parties and cause of action, the jurisdiction of

the court to entertain or try the suit or the fee

payable, but includes matters arising on pleas

of res-judicata, limitation and the like.

Explanation (2): The expression “hearing of

the appeal” includes the “vista” of a case filed

in the appellate court.

19. Refund of fee paid by mistake or

inadvertence.— Any fee paid by mistake or

inadvertence shall be ordered to be refunded.

20. Procedure for obtaining refund.— When

a person becomes entitled to a refund of court

fees, the court shall grant a certificate

authorising him to receive back from the

Collector or by way of e-payment, in the

manner as prescribed, the amount specified

therein, calculated according to the provisions

of this Act.

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21. Multifarious suits.— Where a suit

embraces two or more distinct subjects, the

plaint or memorandum of appeal shall be

chargeable with the aggregate amount of the

fees to which the plaints or memoranda of

appeal in suits embracing separately each of

such subjects would be liable under this Act:

Provided that nothing in this section shall

be deemed to affect the power conferred by

section 9 of the Code of Civil Procedure, 1908

(Act 5 of 1908).

22. Written examinations of complainants.—

When the first or only examination of a person

who complains of the offence of wrongful

confinement, or of wrongful restraint, or of any

offence other than an offence for which police-

officers may arrest without a warrant, and who

has not already presented a petition on which

a fee has been levied under this Act, is

reduced to writing under the provisions of the

Bharatiya Nagrik Suraksha Sanhita (Central

Act No. 46 of 2023), the complainant shall pay

a fee of ten rupees, unless the Court thinks fit

to remit such payment.

23. Exemption of certain documents.—

Nothing contained in this Act shall render the

following documents chargeable with any

fee:—

(i) Power-of-attorney to institute or defend

a suit when executed by a member of any

of the Armed Forces of the Union not in civil

employment.

(ii) Application for certified copies of

documents or of any other purpose in the

course of a criminal proceeding presented

by or on behalf of the Government to a

criminal Court.

(iii) Written statements called for by the

Court after the first hearing of a suit.

(iv) Application or petition to a Collector

or other officer making a settlement of land-

revenue, or to a Board of Revenue, or a

Commissioner of Revenue, relating to

matters connected with the assessment of

land or the ascertainment of rights thereto

or interests therein, if presented, previous

to the final confirmation of such settlement.

(v) Application relating to a supply for

irrigation of water belonging to Government.

(vi) Application for leave to extend

cultivation, or to relinquish land, when

presented to an officer of land-revenue by a

person holding, under direct engagement

with Government, land of which the

revenue is settled, but not permanently.

(vii) Application for service of notice of

relinquishment of land or of enhancement

of rent.

(viii) Written authority to an agent to

distrain.

(ix) First application (other than a petition

containing a criminal charge or information)

for the summons of a witness or other person

to attend either to give evidence or to

produce a document or in respect of the

production or filing of an exhibit not being

an affidavit made for the immediate purpose

of being produced in Court.

(x) Bail-bonds in criminal cases,

recognizances to prosecute or give

evidence, and recognizances for personal

appearance or otherwise.

(xi) Petition by a prisoner, or other person

in duress or under restraint of any Court or

its officers.

(xii) Complaint of a public servant as

defined in the Bharatiya Nyaya Sanhita, 2023

(Central Act No. 45 of 2023), a municipal

officer, or an officer or servant of a Railway

Company.

(xiii) Application for the payment of

money due by Government to the applicant.

(xiv) Applications for compensation under

any law for the time being in force relating

to the acquisition of property for public

purposes.

CHAPTER IV

Probates, Letters of Administration and

Certificates of Administration

24. Relief where too high a court-fee has been

paid.— Where any person on applying for the

probate of a will or letters of administration has

estimated the property of the deceased to be

of greater value than the same has afterwards

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proved to be, and has consequently paid too

high a court-fee thereon, if, within six months

after the true value of the property has been

ascertained, such person produces the

probate or letters to the Chief Controlling

Revenue Authority for the local area in which

the probate or letters has or have been

granted, and delivers to such Authority a

particular inventory and valuation of the

property of the deceased, verified by affidavit

or affirmation, and if such Authority is satisfied

that a greater fee was paid on the probate or

letters than the law required, the said

Authority may,—

(a) cancel the stamp on the probate or

letters if such stamp has not been already

cancelled;

(b) substitute another stamp for denoting

the court-fee which should have been paid

thereon; and

between them as in the case of spoiled

stamps, or repay the same in money, at his

discretion.

25. Relief where debts due from a deceased

person have been paid out of his estate.—

Whenever it is proved to the satisfaction of such

Authority that an executor or administrator has

paid debts due from the deceased to such an

amount as, being deducted out of the amount

or value of the estate, reduces the same, to a

sum which, if it had been the whole gross

amount or value of the estate, would have

occasioned a less court-fee to be paid on the

probate or letters of administration granted in

respect of such estate than has been actually

paid thereon under this Act, such Authority

may return the difference, provided the same

be claimed within three years after the date of

such probate or letters.

Provided that when, by reason of any legal

proceeding, the debts due from the deceased

have not been ascertained and paid, or his

effects have not been recovered and made

available, and in consequence thereof the

executor or administrator is prevented from

claiming the return of such difference within

the said term of three years, the said Authority

may allow such further time for making the

claim as may appear to be reasonable under

the circumstances.

26. Relief in case of several grants.— (1)

Whenever a grant of probate or letters of

administration has been or is made in respect

of the whole of the property belonging to an

estate, and the full fee chargeable under this

Act has been or is paid thereon, no fee shall

be chargeable under the same Act when a like

grant is made in respect of the whole or any

part of the same property belonging to the

same estate.

(2) Whenever such a grant has been or is

made in respect of any property forming part

of an estate, the amount of fees then actually

paid under this Act shall be deducted when a

like grant is made in respect of property

belonging to the same estate, identical with

or including the property to which the former

grant relates.

27. Probates declared valid as to trust-

property though not covered by court-fee.—

The probate of the will or the letters of

administration of the effects of any person

deceased heretofore or hereafter granted shall

be deemed valid and available by his

executors or administrators for recovering,

transferring or assigning, any movable or

immovable property whereof or whereto the

deceased was possessed or entitled,

either wholly or partially as a trustee,

notwithstanding the amount or value of such

property is not included in the amount or value

of the estate in respect of which a court-fee

was paid on such probate or letters of

administration.

28. Provision for case where too low a court-

fee has been paid on probates, etc.— Where

any person on applying for probate or letters

of administration has estimated the estate of

the deceased to be of less value than the same

has afterwards proved to be, and has in

consequence paid too low a court-fee thereon,

the Chief Controlling Revenue Authority for the

local area in which the probate or letters has

or have been granted may, on the value of the

estate of the deceased being verified by

affidavit or affirmation, cause the probate or

letters of administration to be duly stamped

on payment of the full court-fee which ought

to have been originally paid thereon in respect

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of such value and of the further penalty, if the

probate or letters is or are produced within

one year from the date of grant, of five times,

or, if it or they, is or are produced after one

year from such date, of twenty times, such

proper court-fee, without any deduction of the

court-fee originally paid on such probate or

letters of administration:

Provided that, if the application be made

within six months after the ascertainment of

the true value of the estate and the discovery

that too low a court-fee was at first paid on

the probate or letters of administration, and if

the said Authority is satisfied that such fee was

paid in consequence of a mistake or of its not

being known at the time that some particular

part of the estate belonged to the deceased,

and without any intention of fraud or to delay

the payment of the proper court-fee, the said

Authority may remit the said penalty, and

cause the probate or letters of administration

to be duly stamped on payment only of the sum

wanting to make up the fee which should have

been at first paid thereon.

29. Administrator to give proper security

before letters stamped under section 28.— In

case of letters of administration on which too

low a court-fee has been paid at first, the said

Authority shall not cause the same to be duly

stamped in manner aforesaid until the

administrator has given such security to the

Court by which the letters of administration

have been granted as ought by law to have

been given on the granting thereof in case the

full value of the estate of the deceased had

been then ascertained.

30. Executors, etc., not paying full court-fee

on probates, etc., within six months after

discovery of under-payment.— Where too low

a court-fee has been paid on any probate or

letters of administration in consequence of any

mistake, or of its not being known at the time

that some particular part of the estate

belonged to the deceased, if any executor or

administrator acting under such probate or

letters of administration does not, within six

months after the discovery of the mistake or

of any effects not known at the time to have

belonged to the deceased, apply to the said

Authority and pay what is wanting to make

up the court-fee which ought to have been

paid at first on such probate or letters of

administration, he shall forfeit the sum of one

thousand rupees and also a further sum at the

rate of ten percent on the amount of the sum

wanting to make up the proper court-fee.

31. Notice of applications for probate or

letters of administration to be given to

Revenue-authorities and procedure thereon.—

(1) Where an application for probate or letters

of administration is made to any Court other

than the High Court, the Court shall cause

notice of the application to be given to the

Collector.

(2) Where such an application as aforesaid

is made to the High Court, the High Court shall

cause notice of the application to be given to

the Chief Controlling Revenue Authority.

(3) The Collector within the local limits of

whose revenue-jurisdiction the property of the

deceased or any part thereof is, may at any

time inspect or cause to be inspected, and take

or cause to be taken copies of, the record of

any case in which application for probate or

letters of administration has been made; and

if, on such inspection or otherwise, he is of

opinion that the petitioner has under-

estimated the value of the property of the

deceased, the Collector may, if he thinks fit,

require the attendance of the petitioner (either

in person or by agent) and take evidence and

inquire into the matter in such manner as he

may think fit, and, if he is still of opinion that

the value of the property has been under-

estimated, may require the petitioner to

amend the valuation.

(4) If the petitioner does not amend the

valuation to the satisfaction of the Collector,

the Collector may move the Court before

which the application for probate or letters of

administration was made, to hold an inquiry

into the true value of the property:

Provided that no such motion shall be made

after the expiration of six months from the date

of the exhibition of the inventory required by

section 277 of the Indian Succession Act, 1865

(10 of 1865), or as the case may be, by section

98 of the Probate and Administration Act, 1881

(5 of 1881).

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(5) The Court, when so moved as aforesaid,

shall hold, or cause to be held, an inquiry

accordingly, and shall record a finding as to

the true value, as near as may be, at which

the property of the deceased should have been

estimated. The Collector shall be deemed to

be a party to the inquiry.

(6) For the purposes of any such inquiry, the

Court or person authorised by the Court to hold

the inquiry may examine the petitioner for

probate or letters of administration on oath

(whether in person or by commission), and

may take such further evidence as may be

produced to prove the true value of the

property. The person authorised as aforesaid

to hold the inquiry shall return to the Court

the evidence taken by him and report the

result of the inquiry, and such report and the

evidence so taken shall be evidence in the

proceeding, and the Court may record a

finding in accordance with the report, unless

it is satisfied that it is erroneous.

(7) The finding of the Court recorded under

sub-section (5) shall be final, but shall not bar

the entertainment and disposal by the Chief

Controlling Revenue Authority of any

application under section 28.

(8) The Government may make rules for the

purposes of sub-section (3).

32. Payment of court fees in respect of

probates and letters of administration.— (1)

No order entitling the petitioner to the grant

of probate or letters of administration shall be

made upon an application for such grant until

the petitioner has filed in the Court a valuation

of the property in the form set forth in

Schedule III, and the Court is satisfied that the

fee specified in article 10 of Schedule I has been

paid on such valuation.

(2) The grant of probate or letters of

administration shall not be delayed by reason

of any report made by the Collector under sub-

section (3) of section 31.

33. Recovery of penalties, etc.— (1) Any

excess fee found to be payable on any inquiry

held under sub-section 6 of section 31 and any

penalty or forfeiture under section 30, may, on

the certificate of the Chief Controlling Revenue

Authority, be recovered from the executor or

administrator as if it were an arrear of land

revenue by any Collector.

(2) The Chief Controlling Revenue Authority

may remit the whole or any part of any such

penalty or forfeiture as aforesaid, or any part

of any penalty under section 28 or of any court-

fee under section 28 in excess of the full court-

fee which ought to have been paid.

34. Sections 6 and 44 not to apply to probates

or letters of administration.— Nothing in

section 6 or section 44 shall apply to probates

or letters of administration.

CHAPTER V

Process-Fees

35. Rules as to cost of processes.— (1) The

High Court shall make rules as to the following

matters, namely:—

(i) the fees chargeable for serving and

executing processes issued by such court

in its appellate jurisdiction, and by the other

Civil and Revenue Courts established within

the local limits of such jurisdiction;

(ii) the fees chargeable for serving and

executing processes issued by the Criminal

Courts, established within such limits in the

case of offences other than offences for

which police officers may arrest without a

warrant; and

(iii) the remuneration of the peons and all

other persons employed by leave of a Court

in the service or execution of processes.

(2) The High Court may from time to time

amend the rules so made.

36. Confirmation and publication of rules.—

(1) All such rules and amendments shall, after

being confirmed by the Government, be

published in the Official Gazette, and shall

thereupon have the force of law.

(2) Until such rules are made and published,

the fees leviable for serving and executing

processes shall continue to be levied and shall

be deemed to be fees leviable under this Act.

37. Tables of process fees.— A table in the

English and regional languages, showing the

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fees chargeable for such service and

execution, shall be exposed to view in a

conspicuous part of each Court.

38. Number of peons in district and

subordinate Courts.— Subject to the rules to

be made by the High Court and approved by

the Government, every District Judge, the

Principal Judge and every Magistrate of a

District shall fix, and may from time to time

alter, the number of peons or persons

necessary to be employed for the service and

execution of processes issued out of his Court,

and each of the Courts subordinate thereto.

39. Number of peons in Revenue Courts.—

Subject to rules to be framed by the Chief

Controlling Revenue Authority and approved

by the Government, every officer performing

the functions of a Collector of a District shall

fix, and may from time to time alter, the

number of peons necessary to be employed

for the service and execution of processes

issued out of his Court or the Courts

subordinate to him.

CHAPTER VI

Of the Mode of Levying Fees

40. Rate of fee in force on date of presentation

of document to be applicable.— All fees shall

be charged and collected under this Act at the

rate in force on the date on which the

document chargeable to court-fees is or was

presented.

41. Collection of fees by stamps or

e-payment.— All fees chargeable under this

Act shall be collected by stamps or e-payment.

42. Stamps to be impressed or adhesive.—

The stamps or e-payment used to denote any

fees chargeable under this Act shall be

impressed or adhesive or partly impressed and

partly adhesive, as the Government may, by

notification in the Official Gazette, from time

to time direct.

43. Rules for supply, number, renewal and

keeping accounts of stamps.— (1) The

Government may, from time to time, make rules

for regulating,—

(a) the supply of stamps to be used under

this Act;

(b) the number of stamps to be used for

denoting any fee chargeable under this Act;

stamps;

(d) the keeping accounts of all stamps

used under this Act; and

(e) the manner of payment of court-fee

and refund thereof by e-payment:

Provided that, in the case of stamps used

under section 3 in a High Court, such rules

shall be made, with the concurrence of the

Chief Justice of the High Court.

(2) All such rules shall be published in the

Official Gazette, and shall thereupon have the

force of law.

44. Stamping documents inadvertently

received.— No document which ought to bear

a stamp under this Act shall be of any validity,

unless and until it is properly stamped:

Provided that where any such document is

through mistake or inadvertence received,

filed or used in any Court or office without

being properly stamped, the presiding Judge

or the head of the office, as the case may be,

or, in the case of a High Court, any Judge of

such Court, may, if he thinks fit, order that such

document be stamped as he may direct; and,

such

document

being

stamped

accordingly, the same and every proceeding

relative thereto shall be as valid as if it had

been properly stamped in the first instance.

45. Amended document.— Where any such

document is amended in order merely to

correct a mistake and to make it conform to

the original intention of the parties, it shall not

be necessary to impose a fresh stamp.

46. Cancellation of stamp.— (1) No

document requiring a stamp under this Act

shall be filed or acted upon in any proceeding

in any Court or office until the stamp has been

cancelled.

(2) Such officer as the Court or the head of

the office may from time to time appoint shall,

on receiving any such document, forthwith

effect such cancellation by punching out the

figure-head so as to leave the amount

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designated on the stamp untouched, and the

part removed by punching shall be burnt or

otherwise destroyed:

Provided that, where court-fee is paid by e-

payment, the officer competent to cancel

stamp shall verify the genuineness of the

payment and after satisfying himself that the

court-fee is paid, shall lock the entry in the

computer and make an endorsement under his

signature on the document that the court-fee

is paid and the entry is locked.

CHAPTER VII

Miscellaneous

47.

Repayment

fee

certain

circumstances.— (1) When any suit in a Court

or any proceeding instituted by presenting a

petition to a Court is settled by agreement of

parties before any evidence is recorded, or any

appeal or cross objection is settled by

agreement of parties before it is called on for

effective hearing by the Court, half the amount

of the fee paid by the plaintiff, petitioner,

appellant, or respondent on the plaint, petition,

appeal or cross objection, as the case may be,

shall be repaid to him by the Court:

Provided that, no such fee shall be repaid if

the amount of fee paid does not exceed one

hundred rupees or the claim for repayment is

not made within one year from the date on

which the suit, proceeding, appeal or cross

objection was settled by agreement.

(2) The Government may, from time to time,

by order, provide for repayment to the

plaintiffs, petitioners, complainants under

section 138 of the Negotiable Instruments Act,

1881 (Act No. 26 of 1881) appellants or

respondents of any part of the fee paid by them

on plaints, petitions, complaints appeals or

cross objections, in suits, complaints under

section 138 of the Negotiable Instruments Act,

1881 (Act No. 26 of 1881), proceedings or

appeals disposed of under such circumstances

and subject to such conditions as may be

specified in the order.

Explanation.— For the purpose of this

section, effective hearing shall exclude the

dates when the appeal is merely adjourned

without being heard or argued.

48. Admission in criminal cases of

documents for which proper fee has not been

paid.— Whenever the filing or exhibition in a

Criminal Court of a document in respect of

which the proper fee has not been paid is, in

the opinion of the presiding Judge, necessary

to prevent a failure of justice, nothing

contained in section 4 or section 6 shall be

deemed to prohibit such filing or exhibition.

49. Sale of stamps.— (1) The Government

may from time to time make rules for regulating

the sale of stamps or e-payment to be used

under this Act, the persons by whom alone

such sale is to be conducted, and the duties

and remuneration of such persons.

(2) All such rules shall be published in the

Official Gazette, and shall thereupon have the

force of law.

(3) Any person appointed to sell stamps

who disobeys any rules made under this

section, and any person not so appointed who

sells or offers for sale only stamp, shall, on

conviction, be punished with imprisonment for

a term which may extend to three years or with

fine which may extend to five thousand rupees

or with both.

50. Power to reduce or remit fees.— The

Government may, from time to time, by

notification in the Official Gazette, reduce or

remit, in the whole or in any part of the State,

all or any of the fees mentioned in the

Schedules hereto and may in like manner

cancel or vary such order.

51. Saving of fees to certain officers of High

Courts.— Nothing in Chapters II and VII of this

Act applies to the fees which any officer of the

High Court is allowed to receive in addition to

a fixed salary.

52. Saving as to stamp duties.— Nothing in

this Act shall be deemed to affect the stamp

duties chargeable under any other law for the

time being in force relating to stamp duties.

Explanation.— The Stamp duty shall have

the same meaning as provided under the

Indian Stamp Act, 1899 (2 of 1899).

53. Power to make Rules.— (1) The

Government may, by notification in the Official

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Gazette, make rules to carry out the purposes

of this Act.

(2) All rules made by the Government under

this Act shall be laid before House of the State

Legislature as soon as may be after they are

made and shall be subject to such

modifications as the State Legislature may

make during the session in which they are so

laid or the session immediately following.

54. Repeal and savings.— The Court Fees

Act, 1870 (Central Act 7 of 1870) in its

application to the State of Goa, is hereby

repealed:

Provided that, such repeal shall not affect

the previous operation of any of the laws so

repealed and anything done or any action

taken (including any appointment, notification,

order, rule, form, application, reference, notice,

report or certificate made or issued) under any

such law shall, in so far as it is not inconsistent

with the provisions of this Act, be deemed to

have been done or taken under the

corresponding provision of this Act and shall

continue to be in force accordingly, unless and

until superseded by anything done or any

action taken under this Act:

“SCHEDULE I”

Ad valorem Fees

Article number

Proper fee

(1)

(2)

(3)

When such amount or value exceeds ten

thousand rupees, for every five hundred rupees,

or part thereof, in excess of ten thousand rupees,

upto twenty thousand rupees.

When such amount or value exceeds twenty

thousand rupees, for every one thousand rupees,

or part thereof, in excess of twenty thousand

rupees, upto thirty thousand rupees.

When such amount or value exceed thirty

thousand rupees, for every two thousand rupees,

or part thereof, in excess of thirty thousand

rupees, upto fifty thousand rupees.

When such amount or value exceeds fifty

thousand rupees, for every five thousand rupees,

or part thereof, in excess of fifty thousand rupees,

upto one lakh rupees.

When such amount or value exceeds one lakh

rupees, for every ten thousand rupees, or part

thereof, in excess of one lakh rupees, upto eleven

lakh rupees.

When the amount or value of the subject-matter

in dispute does not exceed one thousand rupees.

When such amount or value exceeds one

thousand rupees, for every one hundred rupees,

or part thereof, in excess of one thousand rupees,

upto five thousand rupees.

When such amount or value exceeds five

thousand rupees, for every hundred rupees, or

part thereof, in excess, of five thousand rupees,

upto ten thousand rupees.

Twelve rupees

Fifteen rupees

Two hundred

rupees

Plaint, written statement

pleading a set-off or counter

-claim or memorandum of

appeal (not otherwise

provided for in this Act) or

of cross –objection presented

to any Civil or Revenue

Court

except

those

mentioned in section 3.

Seventy five rupees

One hundred

rupees

One hundred

rupees

One hundred and

fifty rupees

Two hundred

rupees

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(1)

(2)

(3)

One thousand and

two hundred rupees

Plaint in a suit for

possession under section

6 of the Specific Relief Act,

1963 (47 of 1963).

One half of fee on the

difference between the

amount claimed by the

applicant and the

amount awarded by

the Collector according

to the scale under

article 1 of this

Schedule, subject to a

minimum fee of fifty

rupees.

When such amount or value exceeds eleven

lakhs rupees, for every one lakh rupees, or part

thereof, in excess of eleven lakhs rupees.

Provided that, the maximum fee leviable on such

plaint or memorandum of appeal shall be three

lakh rupees.

A fee of one half the

amount prescribed in

the

scale

under

article 1 of this

Schedule.

Application

the

Collector for reference to

the Court under section 18

of the Land Acquisition

Act, 1894 (1 of 1894) or to

the

authority

under

section 64 of Right to

Fair Compensation and

Transparency in Land

Acquisition, Rehabilitation

and Resettlement Act, 2013

(Act 30 of 2013).

Application for review of

judgment, if presented on

or after the ninetieth day

from the date of the decree.

The fee leviable on the

plaint or memorandum

of appeal.

Copy of a decree or order

having the force of a decree.

When such decree or order is made by any Civil

Court other than a High Court, or by any Revenue

Court

When such decree or order is made by a District

Court

When such decree or order is made by a High

Court.

One hundred rupees

One hundred and

fifty rupees.

Two hundred rupees.

Copy or translation of a

judgment or order not

being, or having the force

of, a decree.

Fifty rupees.

When such judgment or order is passed by any

Civil Court, other than a High Court or by the

Presiding Officer of any Revenue Court or Office,

or by any other Judicial or Executive Authority,

When such judgment or order is passed by a

High Court.

One hundred rupees.

Application for review of

judgment, if presented

before the ninetieth day

from the date of the decree.

One-half of the fee

leviable on the plaint

or memorandum of

appeal.

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(1)

(2)

(3)

Copy of any document liable

to stamp duty under the

Indian Stamp Act, 1899 (2 of

1899), when left by any

party to a suit or proceeding

in place of the original

withdrawn

(a) When the Stamp duty chargeable on the

original does not exceed two hundred

rupees.

(b) In any other case.

The amount of the

duty chargeable on

the original.

Five hundred rupees.

Copy of any revenue or

judicial proceeding or order

not otherwise provided for

by this Act, or copy of any

account, statement , report

or the like, taken out of any

Civil or Criminal or Revenue

Court or office, or from the

office of any chief officer

charged with the executive

administration of a Division.

Ten rupees.

For every three hundred and sixty words or

fraction of three hundred and sixty words.

When the amount or value of the property in

respect of which the grant of probate or letters is

made exceeds one thousand rupees, but does not

exceed ten thousand rupees.

When such amount or value exceeds ten

thousand rupees, but does not exceed fifty

thousand rupees.

When such amount or value exceeds fifty

thousand rupees, but does not exceed two lakh

rupees.

When such amount or value exceeds two lakh

rupees, but does not exceed three lakh rupees.

When such amount or value exceeds three lakh

rupees:

Provided that when, after the grant of a certificate

under the Indian Succession Act, 1925 (Act 39 of

1925), or under any law for the time being in force,

in respect of any property included in an estate,

a grant of probate or letters of administration is

made in respect of the same estate, the fee

payable in respect of the latter grant shall be

reduced by the amount of the fee paid in respect

of the former grant.

10. Probate of a will or letters of

administration with or

without will annexed

Two and half per

centum on such amount

or value.

Three and half per

centum on such amount

or value.

Five per centum on

such amount or value.

Six per centum on

such amount or value.

Seven and half per

centum on such amount

or value, subject to the

maximum of seventy-

five thousand rupees:

11. Certificate under the Indian

Succession Act, 1925 (Act 39

of 1925).

Two and half per

centum on the amount

or value of any debt or

security specified in

the certificate under

Part X section 374 of the

Act, and three and half

per centum on the

amount or value of any

debt or security to

In any case

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which the certificate is

extended under sec-

tion 376 of the Act.

(1)

(2)

(3)

Note:

(1) The amount of a debt is its amount including interest, on the day on which the inclusion of the debt in the

certificate is applied for, so far as such amount can be ascertained.

(2) Whether or not any power with respect to a security specified in a certificate has been conferred under the Act,

and, where such a power has been so conferred, whether the power is for the receiving of interest or dividends on, or for the

negotiation or transfer of, the security, or for both purposes, the value of the security is its market-value on the day on which

the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.

12. An application or petition

made by any assessee to the

High Court under section

256 of the Income Tax Act,

1961 (43 of 1961).

One half of ad valorem

fee leviable on the

amount in dispute

namely, the difference

between the amount of

tax actually assessed

and the amount of tax

admitted by the asses-

see as payable by him

subject to minimum fee

of one hundred twenty

five rupees.

13. Application or petition

containing complaint or

charge of an offence under

section 138 of the Negotiable

Instruments Act, 1881 (Act

No. 26 of 1881).

(A)

When the amount of cheque

does not exceed ten

thousand rupees.

(B)

When the amount of cheque

does exceed ten thousand

rupees.

Two hundred rupees.

Two hundred rupees

for every ten thousand

rupees or part thereof

subject to the maxi-

mum of rupees one lakh

fifty thousand.

Table of rates of ad valorem fees leviable on the institution of suits

When the amount or value of the

But does not exceed

Proper fee

subject matter exceeds

(1)

(2)

(3)

Rs.

….

1,000

200

1,000

1,100

212

1,100

1,200

224

1,200

1,300

236

1,300

1,400

248

1,400

1,500

260

1,500

1,600

272

1,600

1,700

284

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1,700

1,800

296

1,800

1,900

308

1,900

2,000

320

2,000

2,100

332

2,100

2,200

344

2,200

2,300

356

2,300

2,400

368

2,400

2,500

380

2,500

2,600

392

2,600

2,700

404

2,700

2,800

416

2,800

2,900

428

2,900

3,000

440

3,000

3,100

452

3,100

3,200

464

3,200

3,300

476

3,300

3,400

488

3,400

3,500

500

3,500

3,600

512

3,600

3,700

524

3,700

3,800

536

3,800

3,900

548

3,900

4,000

560

4,000

4,100

572

4,100

4,200

584

4,200

4,300

596

4,300

4,400

608

4,400

4,500

620

4,500

4,600

632

4,600

4,700

644

4,700

4,800

656

4,800

4,900

668

4,900

5,000

680

5,000

5,100

695

(1)

(2)

(3)

Rs.

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5,100

5,200

710

5,200

5,300

725

5,300

5,400

740

5,400

5,500

755

5,500

5,600

770

5,600

5,700

785

5,700

5,800

800

5,800

5,900

815

5,900

6,000

830

6,000

6,100

845

6,100

6,200

860

6,200

6,300

875

6,300

6,400

890

6,400

6,500

905

6,500

6,600

920

6,600

6,700

935

6,700

6,800

950

6,800

6,900

965

6,900

7,000

980

7,000

7,100

995

7,100

7,200

1,010

7,200

7,300

1,025

7,300

7,400

1,040

7,400

7,500

1,055

7,500

7,600

1,070

7,600

7,700

1,085

7,700

7,800

1,100

7,800

7,900

1,115

7,900

8,000

1,130

8,000

8,100

1,145

8,100

8,200

1,160

8,200

8,300

1,175

8,300

8,400

1,190

8,400

8,500

1,205

(1)

(2)

(3)

Rs.

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8,500

8,600

1,220

8,600

8,700

1,235

8,700

8,800

1,250

8,800

8,900

1,265

8,900

9,000

1,280

9,000

9,100

1,295

9,100

9,200

1,310

9,200

9,300

1,325

9,300

9,400

1,340

9,400

9,500

1,355

9,500

9,600

1,370

9,600

9,700

1,385

9,700

9,800

1,400

9,800

9,900

1,415

9,900

10,000

1,430

10,000

10,500

1,505

10,500

11,000

1,580

11,000

11,500

1,655

11,500

12,000

1,730

12,000

12,500

1,805

12,500

13,000

1,880

13,000

13,500

1,955

13,500

14,000

2,030

14,000

14,500

2,105

14,500

15,000

2,180

15,000

15,500

2,255

15,500

16,000

2,330

16,000

16,500

2,405

16,500

17,000

2,480

17,000

17,500

2,555

17,500

18,000

2,630

18,000

18,500

2,705

18,500

19,000

2,780

(1)

(2)

(3)

Rs.

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19,000

19,500

2,855

19,500

20,000

2,930

20,000

21,000

3,030

21,000

22,000

3,130

22,000

23,000

3,230

23,000

24,000

3,330

24,000

25,000

3,430

25,000

26,000

3,530

26,000

27,000

3,630

27,000

28,000

3,730

28,000

29,000

3,830

29,000

30,000

3,930

30,000

32,000

4,030

32,000

34,000

4,130

34,000

36,000

4,230

36,000

38,000

4,330

38,000

40,000

4,430

40,000

42,000

4,530

42,000

44,000

4,630

44,000

46,000

4,730

46,000

48,000

4,830

48,000

50,000

4,930

50,000

55,000

5,080

55,000

60,000

5,230

60,000

65,000

5,380

65,000

70,000

5,530

70,000

75,000

5,680

75,000

80,000

5,830

80,000

85,000

5,980

85,000

90,000

6,130

90,000

95,000

6,280

95,000

1,00,000

6,430

(1)

(2)

(3)

Rs.

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and the fee increases at the rate of rupees 200 for every rupees 10,000 or part thereof upto rupees 11,00,000

and over rupees 11,00,000 at the rate of rupees 1,200 for every rupees 1,00,000 or part thereof, upto a maximum

fee of rupees 31,230, for example:—

Rs.

1,00,000

6,430

2,00,000

8,430

3,00,000

10,430

4,00,000

12,430

5,00,000

14,430

6,00,000

16,430

7,00,000

18,430

8,00,000

20,430

9,00,000

22,430

10,00,000

24,430

11,00,000

26,430

12,00,000

27,630

13,00,000

28,830

14,00,000

30,030

15,00,000

31,230

“SCHEDULE II”

Fixed Fees

Article number

—

Proper fee

(1)

(2)

(3)

(a) When presented to any officer of the Customs

or Excise Department or to any Magistrate

by any person having dealings with the

Government, and when the subject-matter

of such application relates to exclusively to

those dealings;

or when presented to any officer of land

revenue by any person holding temporarily

settled land under direct engagement with

Government, and when the subject-matter

of the application or petition relates

exclusively to such engagement;

or when presented to any Municipal

Council/Commissioner under any Act for the

time being in force for the conservancy or

improvement of any place, if the application

or petition relates solely to such conservancy

or improvement.

Application or petition

Five rupees.

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(1)

(2)

(3)

or when presented to any Civil Court other

than a principal Civil Court of original

jurisdiction or to a Collector or other officer

of revenue in relation to any suit or case in

which the amount or value of the subject-

matter is less than fifty rupees;

or when presented to any Civil, Criminal or

Revenue Court or to any Board or Executive

Officer for the purpose of obtaining a copy

or translation of any judgement, decree or

order passed by such Court, Board or Officer

or of any other document on record in such

Court or office.

(b) When containing a complaint or charge of

any offence other than the offence under

the Negotiable Instruments Act, 1881 (Act

No. 26 of 1881);

or when presented to a Civil, Criminal or

Revenue Court or to a Collector, or any

revenue officer having jurisdiction equal or

subordinate to a Collector, or to any

Magistrate in his executive capacity, and

not otherwise provided for by this Act;

or to deposit in Court revenue or rent;

or for determination by a Court of the

amount of compensation to be paid by

landlord to his tenant.

other Chief Controlling Revenue or

Executive Authority, or to a Commissioner

of Revenue or Circuit, or to any chief officer

charged with the executive administration

of a division and not otherwise provided by

this Act.

(d) When presented to any competent authority

for the purpose of obtaining a certificate of

domicile.

(e) When presented to the High Court,—

(i) for direction, order or writ under article

226 of the Constitution of India for the

enforcement of any of the fundamental

rights conferred by Part III of the

Constitution of India or for the exercise

of its jurisdiction under article 227

thereof.

(ii) in any other case not otherwise

provided for by this Act.

Five rupees.

Thirty rupees.

Twenty rupees.

Two hundred and

fifty rupees.

Five rupees.

Three hundred

rupees.

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(1)

(2)

(3)

When the Court grants the application and is of

opinion that the transmission of such records

involves the use of the post.

(a) When presented to a District Court.

(b) When presented to a Commissioner or a

High Court.

Fifty rupees.

In addition to any fee

levied on the

application under

clause (a), clause (b)

or clause (d) of article

1 of this Schedule.

Five rupees.

Application to any Civil

Court that records may be

called for from another

Court.

Application for leave to

sue as a pauper

—do—

Application for leave to

appeal as a pauper.

Ten rupees.

Twenty-five rupees.

Revision

application

when presented to the

High Court under section

115 of the Code of Civil

Procedure, 1908 (5 of 1908).

Plaint or memorandum of

appeal in a suit to obtain

possession under the Goa

Mamlatdar’s Court Act,

1966 (Act 9 of 1966).

Plaint or memorandum of

appeal in a suit to

establish or disprove a

right of occupancy.

Bail

bond

other

instrument of obligation

given in pursuance of an

order made by a Court or

Magistrate under any

section of the Bharatiya

Nagrik Suraksha Sanhita

(Central Act No. 46 of

2023) or the Code of Civil

Procedure, 1908 (5 of 1908),

and

not

otherwise

provided for by this Act.

Undertaking

under

section 49 of the Indian

Divorce Act, 1869 (4 of

1869) or under any

corresponding other law

for time being in force.

Twenty rupees.

Twenty-five rupees.

Twenty rupees.

Fifty rupees.

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10.

Wakalatnama

(1)

(2)

(3)

Ten rupees.

When presented for the conduct of any one

case,—

(a) to any Civil or Criminal Court other than

a High Court, or to any Revenue Court, or to

any Collector or Magistrate, or other executive

officer, except such as are mentioned in

clauses (b) and (c) below.

(b) to a Commissioner or Revenue, Circuit

or Customs, or to any Officer charged with the

executive administration of a Division, not

being the Chief Revenue or Executive

Authority.

other Chief controlling Revenue or Executive

Authority.

(a) to any Civil Court other than a High

court, or to any Revenue Court, or Executive

officer other than the High Court or Chief

Controlling Revenue or Executive Authority.

(b) to a High Court or Chief Commissioner

or other Chief Controlling Executive or

Revenue Authority.

(i) when presented to the High Court.

(ii) When presented to the Court other than

High Court

(i) Government where no fees has been

prescribed under any relevant law.

(ii) any forest officer where such appeal is

provided for, by or under the Indian Forest

Act, 1927 (16 of 1927) or any corresponding

law in force, where no specific fee is

specified.

Twenty rupees.

Thirty rupees.

11.

Memorandum of appeal

when the appeal is not

from a decree or an order

having a force of decree,

and is presented,—

12.

Caveat

13.

Application for permi-

ssion to cut timber in

Government forest or

otherwise relating to such

forest.

14.

Memorandum of appeal

presented to,—

15.

Plaint or memorandum of

appeal in each of the

following Suits:-

(i) to alter or set aside a

summary decision or

order of any of the Civil

Courts not established by

Letters Patent or of any

Revenue Court;

Twenty rupees.

One hundred rupees.

Fifty rupees.

One hundred rupees.

Fifty rupees.

One thousand rupees.

Thirty rupees.

Fifty rupees.

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(ii) to alter or cancel

any entry in a register

of the names of

proprietors of revenue-

paying estates;

(iii) to obtain a

declaratory decree

where no consequen-

tial relief is prayed;

(iv) to set aside an

award;

(v) to set aside an

adoption;

(vi) every other suit

where it is not possible

to estimate at a

money-value

the

subject-matter

dispute, and which

not

otherwise

provided for by this

Act.

16.

Agreement in writing

stating a question for

the opinion of the

Court under the Code

of Civil Procedure,

1908 (5 of 1908).

17. Every petition under

the Indian Divorce

Act, 1869 (4 of 1869),

except

petitions

under section 144 of

the same Act, and

every memorandum of

appeal under section

55 of the same Act.

18. Appeal to High Court

under section 260A of

the Income-Tax Act,

1961 (Central Act 43 of

1961).

19. Every Petition, procee-

ding or misc civil

application

under

the Goa Succession,

Special Notaries and

Inventory Proceeding

Act, 2012 (Goa Act 23

of 2016).

(1)

(2)

(3)

Five hundred rupees.

One hundred rupees.

Five hundred rupees.

Two hundred rupees.

Five hundred rupees.

Ten hundred rupees.

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SCHEDULE III

(See section 32)

Form of valuation (to be used with such modifications, if any, as may be necessary).

IN THE COURT OF

RE-PROBATE of the Will

of and credits of

(or Administration of the property), deceased

solemnly affirm

make oath

and say that I am the executor (or one of the executors or one of the next of kin) of.....................................................

………………………………………...., deceased, and that I have truly set forth in Annexure A to this affidavit

all the property and credit of which the above named deceased died possessed or was entitled to at the

time of his death, and which have come, or are likely to come, to my hands.

2. I further say that I have also truly set forth in Annexure-B all the items I am by law allowed to deduct.

3. I further say that the said assets, exclusive only of such last mentioned items but inclusive of all rents,

interest, dividends and increased values since the date of the death of the said deceased, are under the

value of

ANNEXURE A

Valuation of the Movable and Immovable Property of the Deceased

Rs.

Cash in the house and at the banks, household goods,

wearing apparel, books, plate, jewels, etc

… …. … ..

(State estimated value according to best of

Executor’s or Administrator’s belief).

Property in Government securities transferable

at the Public Debt Office.

… …. … ..

(State description and value at the price of the day; also the

interest separately, calculating it to the time of making

the application).

Immoveable property consisting of (State description, giving,

… …. … ..

in the case of houses the assessed value, if any, and the

number of years’ assessment the market-value is estimated

at, and in the case of land, the area, the market –value and

all rents that have accrued).

Leasehold property

… …. … ..

(If the deceased held any leases for years determinable, state

the number of years’ purchase the profit rents are estimated to

be worth and the value of such, inserting separately arrears

due at the date of death and all rents received or due since

that date to the time of making the application).

Property in public companies

… …. … ..

(State the particulars and the value calculated at the price of

the day; also the interest separately, calculating it to the time

of making the application).

Policy of insurance upon life, money out on mortgage and other

securities, such as bonds, mortgages, bills, notes and other

securities for money

… …. … ..

(State the amount of the whole; also the interest separately,

calculating it to the time of making the application).

Books-debts

… …. … ..

(other than bad).

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Stock-in-trade

… …. … ..

(State the estimated value, if any).

Other property not comprised under the foregoing heads

… …. … ..

(State the estimated value, if any).

_________

Total :

_________

Deduct amount shown in Annexure B not subject to duty

_________

Net Total:

_________

_______

ANNEXURE B

Schedule of Debts, etc.

Rs.

Amount of debts due and owing from the deceased,

payable by law out of the estate

… …. … ..

Amount of funeral expenses

… …. … ..

Amount of mortgage incumbrances

… …. … ..

Property held in trust not beneficially or

with general power to confer a beneficial interest

… …. … ..

Other property not subject to duty

… …. … ..

Total :

__________

Statement of Objects and Reasons

The Bill seeks to consolidate and amend the law relating to fees payable in the courts and

public offices and fees taken in respect of certain matters in the State of Goa, other than fees

falling under entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India.

This Bill seeks to achieve the above objects.

Financial Memorandum

The Bill would generate additional revenue to the exchequer.

Memorandum Regarding Delegated Legislation

Clauses 14, 15, 16 and 20 of the Bill empowers the Government to refund of fee.

Clauses 31 (8), 43 (1), 49 (1) and Clause 53 of the Bill empowers the Government make rules

to carry out the purpose of the Act.

Porvorim-Goa

ALEIXO SEQUEIRA

Dated: 24th July, 2024.

Minister for Law and Judiciary.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa.

Secretary to the Legislative

Dated: 24th July, 2024.

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, the

Governor of Goa, hereby recommend the introduction and consideration of the Goa Court

Fees Bill, 2024 by the Legislative Assembly of Goa.

P. S. SREEDHARAN PILLAI

Governor of Goa.

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LA/LEGN/2024/1343

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th July, 2024 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 Succession, Special Notaries and

Inventory Proceeding (Amendment) Bill, 2024

(Bill No. 23 of 2024)

BILL

further to amend the Goa Succession, Special

Notaries and Inventory Proceeding Act,

2012 (Goa Act No. 23 of 2016).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

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

Act may be called the Goa Succession,

Special Notaries and Inventory Proceeding

(Amendment) Act, 2024.

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

the Government may, by Notification in the

Official Gazette appoint.

2. Amendment of section 319.— In section

319 of the Goa Succession, Special Notaries

and Inventory Proceeding Act, 2012 (Goa Act

No. 23 of 2016) (hereinafter referred to as the

“principal Act”), after clause (b), the

following clause shall be inserted, namely:—

“(c) if the interested party/declarant does

not comply with the provisions of

sub-sections (2), (4), (6), (7), (9) and (10) of

section 346.”.

3. Substitution of section 346.— For section

346 of the principal Act, the following section

shall be substituted, namely:—

“346. Declaration of heirship.— (1) After

the succession opens, the law does not

require

that

mandatory

inventory

proceedings be instituted to partition the

inheritance, heirship may be proved by a

deed of declaration of heirship drawn by

the Special Notary.

(2) For the purpose of execution of a deed

of declaration of heirship the interested

party shall submit an application in writing

before

the

Special

Notary

having

jurisdiction over the place where the

succession opens upon death of the

concerned estate leaver/deceased person

as per section 8, clearly stating therein the

following details, namely:—

(i) the name/s and permanent

residence of the deceased person/s;

(ii) the place of death of deceased

person/s;

(iii) residence of the deceased

person/s at the time of death;

(iv) the time of death of the deceased

person/s (if such time of death is known

to the interested party);

(v) the name, address and contact

number of interested party;

(vi) the right in which the interested

party claims heirship of the estate leaver/

deceased person;

(vii) the names, addresses and contact

numbers of all other legal heirs of the

estate leaver/deceased person;

(viii) the details of the family or other

relatives of the deceased person/s

alongwith their residential address and

contact numbers; and

(ix) reason for execution of deed of

declaration of heirship.

(3) Three persons and at least one of the

interested parties shall have to declare on

oath before the Special Notary that the

interested party or parties named by them

are the only heir or heirs of the deceased

person. If such deceased person was

married, the name of the spouse shall also

be disclosed and whether the spouse is

surviving or has expired. The interested

party shall also declare in the Act whether

the value of the inheritance exceeds Rs. 10

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lakhs or not and he shall disclose the names

of the spouses of the heirs, if any.

(4) The declarants shall produce the

following documents:—

(a) death certificate of the deceased

person;

(b) will or gift deed mortis causa,

when the succession is founded on such

document;

(c)

document/s

prove

the

relationship of the heir or heirs to the

deceased person/s;

(d) the certified copies of photo identity

proof of the interested party and all other

legal heirs as specified in the application

submitted under sub-section (2).

(5) The provision of production of

documents as specified in sub-section (4)

shall be scrupulously followed by the

Special Notary and reference of all such

documents produced alongwith the

application shall be made by him to that

effect in deed of declaration of heirship.

(6) The application under sub-section (2)

shall be submitted in the manner as

prescribed under rules 14 and 15 of the

Order VI of the Code of Civil Procedure,

1908 (5 of 1908) for signing and verification

of the pleadings and the date shall be

mentioned on the application. All the

documents as specified in sub-section (4)

shall be annexed to the application.

(7) Where a party is unable to produce

a birth certificate, death certificate or a

marriage certificate issued by the

authorities, the party may produce an order

or decree of the court certifying such birth,

death or marriage.

(8) In the event when a party to

succession deed produces documents of his

identity and the names on the documents

produced are different, the parties may

produce a certificate issued by the

Mamlatdar for certifying the names

appearing in different certificates are that

of one and the same person.

(9) When all the interested parties are

abroad, a constituted attorney with special

powers may make the declaration required

under sub-section (3).

(10) A person, who under the provisions

of this chapter is not competent to be a

witness and a person who is a successor

of the presumed heir, shall not be

competent to be a declarant.

(11) If the declarant/s or the interested

party or parties or their attorneys, are

found to have knowingly made a false

declaration, with regard to the particulars

required under sub-section (3), they shall

be liable for penal action under sections

227 and 236 of the Bharatiya Nyaya Sanhita,

2023 (Central Act No. 45 of 2023).

(12) The fact that any person has been

brought on record in Court proceedings

other than inventory proceedings as legal

representative of the deceased, shall not

amount to a declaration of heirship.

(13) A deed of declaration of heirship

shall be sufficient evidence for the purpose

of,—

(i) mutation;

(ii) transfer of shares;

(iii) withdrawal of money from a bank

or other financial institution where the

deposit does not exceed Rs. 50,000/-:

Provided that where there is only one

heir, there is no restriction on withdrawal

of any amount from the deposit.

(14) The application submitted by the

interested party under sub-section (2) shall

be a part of the record of the Special Notary

and it shall be preserved alongwith the

other records.

(15) The fee or duty on a deed of

declaration of heirship shall be as

prescribed, on each inheritance opened,

irrespective of the number of heirs.

(16) The Special Notary recording the

deed of declaration of heirship shall, at the

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expense of the interested party or parties,

publish within 15 days, an extract of the

declaration, disclosing the name and

permanent residence of the deceased and

the names of the interested parties and

other identification particulars, in the

Government Gazette. When the value of

inheritance exceeds Rs. 10 lakhs in all, such

extract shall also be published in a

newspaper in circulation in the locality

where the deed is drawn. The Special

Notary shall require the interested party

or parties to advance the expenses towards

the publication of the notice.

(17) Any person claiming to be an heir

of the deceased who has not been named

in the declaration may file a suit for

declaration of heirship and consequential

reliefs. If such suit is filed, a notice thereof

shall forthwith be given by the Court to

the respective Special Notary or by the

Plaintiff in the suit, enclosing a certified

copy of the plaint.

(18) If the Special Notary has not

received any notice from the Court or the

Plaintiff, he shall, within 30 days of the

publication of the extract, issue a certified

copy of declaration of heirship, which shall

contain an endorsement that no such

communication of institution of any suit has

been received by him.

(19) Failure to file suit under sub-section

(17), shall not deprive the aggrieved party

to challenge the deed of declaration within

the period of limitation.”.

4. Amendment of section 361.— In section

361

the

principal

Act,

for

the

expression “the Indian Penal Code (45 of

1860)”, wherever it occurs, the expression

“the Bharatiya Nyaya Sanhita, 2023

(Central Act No. 45 of 2023)” shall be

substituted.

Statement of Objects and Reasons

The Bill seeks to amend sections 319 and

346 of the Goa Succession, Special Notaries

and Inventory Proceeding Act, 2012 (Goa

Act 23 of 2016) so as to confer adjudicatory

powers to the special notary while

recording deed of declaration of heirship

for collecting additional information from

the applicant/interested party and to

preserve the documents and application

for office record in order to comply with

certain recommendations made by the

Chairman of the Commission of Inquiry,

Justice V. K. Jadhav (Retd.) in his Report

dated 26-10-2023.

The Bill also seeks to make consequential

amendment to section 361 of the said Act

in view of enactment of the Bharatiya

Nyaya Sanhita, 2023 (Central Act No. 45 of

2023).

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

ALEIXO SEQUEIRA

Dated: 25-07-2024

Hon. Minister for

Law and Judiciary

Assembly Hall,

NAMRATA ULMAN

Porvorim-Goa,

Secretary to the Legislative

Dated: 25-07-2024

Assembly of Goa.

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Sr. No.

Existing Provision

Amendment proposed in the Bill

Justification for amendment

Section 319.— When the

Special Notary shall refuse to

perform the act.— The Special

Notary shall refuse to perform

the act:—

(a) If such act is

forbidden by law;

(b) If the Special Notary

doubts the mental faculties

of any party, unless one of

the witnesses be a doctor

and the Special Notary

records that such doctor

has certified that such

party is in his full senses.

Amendment of section 319.— In

section 319 of the Goa Succession,

Special Notaries and Inventory

Proceeding Act, 2012 (Goa Act No.

23 of 2016) (hereinafter referred to

as the “principal Act”), after clause

(b), the following clause shall be

inserted, namely:-

“(c) if the interested party/

declarant does not comply with

the provisions of sub-sections (2),

(4), (6), (7), (9) and (10) of section

346.”.

to amend sections 319 and 346

of the Goa Succession, Special

Notaries and Inventory

Proceeding Act, 2012 (Goa

Act 23 of 2016) so as to confer

adjudicatory powers to

the special notary while

recording deed of declaration

of heirship for collecting

additional information from

the applicant/interested

party and to preserve the

documents and application

for office record in order

to comply with certain

recommendations

made

by the Chairman of the

Commission of Inquiry, Justice

V. K. Jadhav (Retd.) in his

Report dated 26-10-2023.

346.

Declaration

heirship.— (1) After the

succession opens, and the

law

does

not

require

that mandatory inventory

proceedings be instituted to

partition the inheritance,

heirship may be proved by a

deed of declaration of

heirship drawn by the Special

Notary.

(2) Three persons and at

least one of the interested

parties shall have to declare

on oath before the Special

Notary that the interested

party or parties named by

them are the only heir or heirs

of the deceased. If such

deceased

person

was

married, the name of the

spouse shall also be disclosed

Substitution of section 346.—

For section 346 of the principal

Act, the following section shall be

substituted, namely:—

“346. Declaration of heirship.—

(1) After the succession opens, the

law does not require that

mandatory inventory proceedings

be instituted to partition the

inheritance, heirship may be

proved by a deed of declaration of

heirship drawn by the Special

Notary.

(2) For the purpose of execution

of a deed of declaration of heirship

the interested party shall submit

an application in writing before

the Special Notary having

jurisdiction over the place where

the succession opens upon death

of the concerned estate leaver/

ANNEXURE

Name of The Bill: The Goa Succession, Special Notaries and

Inventory Proceeding (Amendment) Bill, 2024.

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572

and whether the spouse is

surviving or has expired. The

interested party shall also

declare in the act whether

the value of the inheritance

exceeds Rs. 10 lakhs or not

shall disclose the names of

the spouses of the heirs, if

any.

(3) The declarants shall

produce

the

following

documents:— (a) death

certificate of the deceased; (b)

will or gift deed mortis causa,

when the succession is

founded on such document;

relationship of the heir or

heirs to the deceased;

(4) Where a party is unable

to produce a birth certificate,

death

certificate

marriage certificate issued by

the authorities, the party may

produce an order or decree of

the court certifying such

birth, death or marriage.

(4A) In the event when a

party to succession deed

produces documents of his

identity and the names on

the documents produced are

different, the parties may

produce a certificate issued

the

Mamlatdar

for

certifying

the

names

appearing

different

certificates are that of one

and the same person.

(5) When all the interested

parties

are

abroad,

constituted attorney with

special powers may make the

declaration required under

sub-section (2).

(6) A person, who under

the provisions of this chapter

is not competent to be a

witness and a person who is

a successor of the presumed

heir, shall not be competent

to be a declarant.

/deceased person as per section

8, clearly stating therein the

following details, namely:—

(i) the name/s and permanent

residence of the deceased

person/s;

(ii) the place of death of

deceased person/s;

(iii)

residence

the

deceased person/s at the time

of death;

(iv) the time of death of the

deceased person/s (if such time

of death is known to the

interested party);

(v) the name, address and

contact number of interested

party;

(vi) the right in which the

interested party claims heirship

of the estate leaver/deceased

person;

(vii) the names, addresses

and contact

numbers of all other legal

heirs of the estate leaver/

deceased person;

(viii) the details of the family

or other relatives of the deceased

person’s along with their

residential address and contact

numbers; and

(ix) reason for execution of

deed of declaration of heirship.

(3) Three persons and at least one

of the interested parties shall have

to declare on oath before the

Special Notary that the interested

party or parties named by them are

the only heir or heirs of the

deceased person. If such deceased

person was married, the name of the

spouse shall also be disclosed and

whether the spouse is surviving or

has expired. The interested party

shall also declare in the Act

whether the value of the

inheritance exceeds Rs. 10 lakhs or

not and he shall disclose the names

of the spouses of the heirs, if any.

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(7) If the declarants or the

interested party or parties or

their attorneys, are found to

have knowingly made a false

declaration, with regard to

the particulars required

under sub-section (2), they

shall be liable for penal

action under section 191 and

199 of the Indian Penal Code

(45 of 1860).

(8) The fact that any

person has been brought on

record in Court proceedings

other

than

inventory

proceedings

legal

representative

the

deceased, shall not amount

to a declaration of heirship.

(9) A deed of declaration

of heirship shall be sufficient

evidence for the purpose

of:— (i) mutation; (ii) transfer

of shares; (iii) withdrawal of

money from a bank or other

financial institution where

the deposit does not exceed

Rs. 50,000/- Provided that

where there is only one heir,

there is no restriction on

withdrawal of any amount

from the deposit.

(10) The fee or duty on a

deed of declaration of

heirship

shall

prescribed,

each

inheritance opened, irrespec-

tive of the number of heirs.

(11) The Special Notary

recording the deed of

declaration of heirship

shall, at the expense of

the interested party or

parties, publish within 15

days, an extract of the

declaration, disclosing the

name

and

permanent

residence of the deceased

and

the

names

the

interested

parties

and

other

identifica-

tion particulars, in the

(4) The declarants shall produce

the following documents: —

(a) death certificate of the

deceased person;

(b) will or gift deed mortis

causa, when the succession is

founded on such document;

relationship of the heir or heirs

to the deceased person/s;

(d) the certified copies of

photo identity proof of the

interested party and all other

legal heirs as specified in the

application submitted under

sub-section (2).

(5) The provision of production

of documents as specified in sub-

section (4) shall be scrupulously

followed by the Special Notary and

reference of all such documents

produced

alongwith

the

application shall be made by him

to that effect in deed of declaration

of heirship.

(6) The application under sub-

section (2) shall be submitted in

the manner as prescribed under

rules 14 and 15 of the Order VI of

the Code of Civil Procedure, 1908

(5 of 1908) for signing and

verification of the pleadings and

the date shall be mentioned on the

application. All the documents as

specified in sub-section (4) shall be

annexed to the application.

(7) Where a party is unable to

produce a birth certificate, death

certificate or a marriage certificate

issued by the authorities, the party

may produce an order or decree of

the court certifying such birth,

death or marriage.

(8) In the event when a party

to succession deed produces

documents of his identity and the

names

the

documents

produced are different, the

parties may produce a certificate

issued by the Mamlatdar for

OFFICIAL GAZETTE — GOVT. OF GOA

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574

Government Gazette. When

the value of inheritance

exceeds Rs. 10 Lakhs in all,

such extract shall also be

published in a newspaper in

circulation in the locality

where the deed is drawn. The

Special Notary shall require

the interested party or

parties to advance the

expenses

towards

the

publication of the notice.

(12) Any person claiming

to be an heir of the deceased

who has not been named in

the declaration may file a suit

for declaration of heirship

and consequential reliefs. If

such suit is filed, a notice

thereof shall forthwith be

given by the Court to the

respective Special Notary or

by the Plaintiff in the suit,

enclosing a certified copy of

the plaint.

(13) If the Special Notary

has not received any notice

from the Court or the Plaintiff,

he shall, within 30 days of

the publication of the extract,

issue a certified copy of

declaration of heirship,

which shall contain an

endorsement that no such

communication of institution

of any suit has been received

by him.

(14) Failure to file suit

under sub-section (12), shall

not deprive the aggrieved

party to challenge the deed

of declaration within the

period of limitation.

certifying the names appearing in

different certificates are that of

one and the same person.

(9) When all the interested

parties are abroad, a constituted

attorney with special powers may

make the declaration required

under sub-section (3).

(10) A person, who under the

provisions of this chapter is not

competent to be a witness and a

person who is a successor of the

presumed heir, shall not be

competent to be a declarant.

(11) If the declarant/s or the

interested party or parties or their

attorneys, are found to have

knowingly

made

false

declaration, with regard to the

particulars required under sub-

section (3), they shall be liable for

penal action under sections 227

and 236 of the Bharatiya Nyaya

Sanhita, 2023 (Central Act No. 45

of 2023).

(12) The fact that any person

has been brought on record in

Court proceedings other than

inventory proceedings as legal

representative of the deceased,

shall not amount to a declaration

of heirship.

(13) A deed of declaration of

heirship shall be sufficient

evidence for the purpose of,—

(i) mutation;

(ii) transfer of shares;

(iii) withdrawal of money

from a bank or other financial

institution where the deposit

does not exceed Rs. 50,000/-:

Provided that where there is

only one heir, there is no

restriction on withdrawal of any

amount from the deposit.

(14) The application submitted

by the interested party under sub-

section (2) shall be a part of the

record of the Special Notary and

it shall be preserved alongwith

the other records.

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(15) The fee or duty on a deed

of declaration of heirship shall be

as prescribed, on each inheritance

opened, irrespective of the

number of heirs.

(16) The Special Notary

recording the deed of declaration

of heirship shall, at the expense of

the interested party or parties,

publish within 15 days, an extract

of the declaration, disclosing the

name and permanent residence of

the deceased and the names of

the interested parties and other

identification particulars, in the

Government Gazette. When the

value of inheritance exceeds Rs.

10 lakhs in all, such extract shall

also be published in a newspaper

in circulation in the locality where

the deed is drawn. The Special

Notary shall require the interested

party or parties to advance the

expenses towards the publication

of the notice.

(17) Any person claiming to be

an heir of the deceased who has

not been named in the declaration

may file a suit for declaration of

heirship and consequential reliefs.

If such suit is filed, a notice thereof

shall forthwith be given by the

Court to the respective Special

Notary or by the Plaintiff in the

suit, enclosing a certified copy of

the plaint.

(18) If the Special Notary has

not received any notice from the

Court or the Plaintiff, he shall,

within 30 days of the publication

of the extract, issue a certified

copy of declaration of heirship,

which

shall

contain

endorsement that no such

communication of institution of

any suit has been received by him.

(19) Failure to file suit under

sub-section (17), shall not deprive

the aggrieved party to challenge

the deed of declaration within the

period of limitation.”.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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1ST AUGUST, 2024

576

Amendment of section 361.— In

section 361 of the principal Act,

for the expression “the Indian

Penal Code (45 of 1860)”, wherever

it occurs, the expression “the

Bharatiya Nyaya Sanhita, 2023

(Central Act No. 45 of 2023)” shall

be substituted.

361. Penalty for incorrectly

recording, endorsing, copying,

and translating documents

with intent to injure.— (1)

Every

Special

Notary

appointed under this Act and

every person employed in his

office for the purposes of this

Act, who being charged with

drawing, endorsing, copying,

or translating a document,

does so in a manner which he

knows or believes to be

incorrect, intending thereby

to cause or knowing it to be

likely that he may thereby

cause injury as defined in

the Indian Penal Code

(45 of 1860), to any person,

shall be punishable with

imprisonment for a term

which may extend to seven

years and shall also be liable

to fine.

(2) Every Special Notary

appointed under this Act and

every person employed in his

office for the purposes of

this Act, who has access to

the documents, books and

registers maintained in his

office, remove, mutilate,

destroys

make

any

alteration thereto intending

thereby to cause or knowing

it to be likely that he may

thereby cause injury as

defined in the Indian Penal

Code (45 of 1860), to any

person shall be punishable

with imprisonment for a term

which may extend to seven

years and shall also be liable

to fine.

Amendment to section 361 of

the said Act is in view of

enactment of the Bharatiya

Nyaya Sanhita, 2023 (Central

Act No. 45 of 2023).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

(SUPPLEMENT)

1ST AUGUST, 2024

577

LA/LEGN/2024/1351

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 30th July, 2024 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 Panchayat Raj (Amendment)

Bill, 2024

(Bill No. 24 of 2024)

BILL

Further to amend the Goa Panchayat Raj Act,

1994 (Goa Act No. 14 of 1994)

Be it enacted by the Legislative Assembly

of the State of Goa in the Seventy-fifth Year of

the Republic of India, as follows:

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

Act may be called the Goa Panchayat Raj

(Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 18.— In section

18 of the Goa Panchayat Raj Act, 1994 (Goa

Act No. 14 of 1994) (hereinafter referred to

as the “principal Act”), in sub-section (8), for

the expression “Indian Evidence Act, 1872

(Central Act 1 of 1872)”, the expression

“Bharatiya Sakshya Adhiniyam, 2023 (Central

Act 47 of 2023)” shall be substituted.

3. Amendment of section 219.— In section

219 of the principal Act, for the expression

“within the meaning of section 21 of the

Indian Penal Code”, the expression “as

defined in clause (28) of section 2 of the

Bharatiya Nyaya Sanhita, 2023 (Central Act

45 of 2023)” shall be substituted.

4. Amendment of section 239-C.— In

section 239-C of the principal Act, in

sub-section (3), for the expression “sections

193, 219 and 228 of the Indian Penal Code,

1860 (Central Act 45 of 1860)”, the expression

“sections 229, 257 and 267 of the Bharatiya

Nyaya Sanhita, 2023 (Central Act 45 of 2023)”,

shall be substituted.

Statement of Objects and Reasons

In view of enactment of three new Acts,

namely:—

(i) the Bharatiya Nyaya Sanhita, 2023

(Central Act No. 45 of 2023);

(ii) the Bharatiya Nagarik Suraksha

Sanhita, 2023 (Central Act No. 46 of 2023);

and

(iii) the Bharatiya Sakshya Adhiniyam,

2023 (Central Act No. 47 of 2023), the Bill

seeks to make consequent amendments to

sections 18, 219 and 239-C of the Goa

Panchayat Raj Act, 1994 (Goa Act No. 14 of

1994).

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

No delegated legislation is involved in this

Bill.

Assembly Hall,

(SHRI MAUVIN GODINHO)

Porvorim, Goa.

Minister for Panchayats.

19th July, 2024

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa.

Secretary, Legislature.

19th July, 2024.

_______

LA/LEGN/2024/1352

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 30th July, 2024 is hereby published

for general information in pursuance of

Rule-138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

(SUPPLEMENT)

1ST AUGUST, 2024

578

The Indian Stamp (Goa Amendment)

Bill, 2024

(Bill No. 27 of 2024)

BILL

further to amend the Indian Stamp Act, 1899

(2 of 1899), as in force in the State of Goa.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-Fifth Year of the

Republic of India as follows:—

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

Act may be called the Indian Stamp (Goa

Amendment) Act, 2024.

(2) It shall be deemed to have come into

force on 29th day of February, 2024.

2. Amendment of section 3A.— In section

3A of the Indian Stamp Act, 1899 (2 of 1899),

as in force in the State of Goa, in sub-section

(1), in the first proviso, for the words “fifteen

times”, the words “six times” shall be

substituted.

3. Repeal and saving.— (1) The Indian

Stamp (Goa Amendment) Ordinance, 2024

(Ordinance No. 1 of 2024) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the Indian

Stamp Act, 1899 (2 of 1899) as amended by

the said Ordinance, shall be deemed to have

been done or taken under the said Act, 1899,

as amended by this Act.

Statement of Objects and Reasons

The Bill seeks to amend section 3A of the

Indian Stamp Act, 1899 (2 of 1899), as in force

in the State of Goa, for rationalization of Stamp

duty on Mining Lease.

The Bill also seeks to repeal the Indian

Stamp (Goa Amendment) Ordinance, 2024

(Ordinance No. 1 of 2024) which was

promulgated by the Governor of Goa on

29-02-2024.

Financial Memorandum

Earlier regime was based on fixed revenue

from royalty which has since changed after

auction regime. Though there may be a

notional loss of revenue it will be

compensated by flow of additional sizeable

revenue through Premium Payable by the

successful bidder upon commencement of

mining operations.

Memorandum Regarding Delegated

Legislation

No delegated legislation is involved in this

Bill.

Porvorim-Goa.

(SHRI. ATANASIO MONSERRATE)

26th July, 2024

Minister for Revenue.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa.

Secretary to the Legislative

26th July, 2024

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, Shri P. S. Sreedharan

Pillai, Governor of Goa, hereby recommend

the introduction and consideration of the

Indian Stamp (Goa Amendment) Bill, 2024,

by the Legislative Assembly Goa.

Place: Raj Bhavan

P. S. SREEDHARAN PILLAI

Dona Paul, Goa.

Governor of Goa.

26th July, 2024.

_______

LA/LEGN/2024/1353

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 30th July, 2024 is hereby published

for general information in pursuance of

Rule-138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

(SUPPLEMENT)

1ST AUGUST, 2024

579

The Goa Escheats, Forfeiture and Bona

Vacantia Bill, 2024

(Bill No. 30 of 2024)

BILL

to provide for taking over of charge,

management, administration, supervision,

custody and disposal of property vested in

the State of Goa qua ultima heres under

article 296 of the Constitution of India by

escheat or lapse, or as bona vacantia and

for matters connected therewith or

incidental thereto.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the Republic

of India as follows:—

CHAPTER-I

Preliminary

1. Short title, extent, commencement and

application.— (1) This Act may be called the

Goa Escheats, Forfeitures and Bona Vacantia

Act, 2024.

(2) It shall extend to the whole of the State

of Goa.

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

the Government may, by notification in the

Official Gazette, appoint.

(4) It applies to all properties, which

according to the Constitution of India have

vested or having become vested or shall vest

in the Government by escheat or lapse, or as

bona vacantia, or which is forfeited or having

become forfeited or shall forfeit in the

Government under the provisions of this Act.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Appellate Authority” means the

Government or such authority that the

Government may by general or special

order delegate such function to;

(b) “Bona vacantia” includes any

property, situated in the State of Goa, of

which there is no rightful owner, but does

not include an escheat or any movable

property found in a public place;

a legal claim on the previous owner, or

just or natural right or claim to succeed to

the previous owner’s property or to any

part thereof and claiming any interest in

escheated property;

(d) “Competent Authority” means any

person or authority authorised by the

Government not below the rank of Junior

Scale Officer-Class A, by notification in the

Official Gazette, to perform such functions

of the competent authority or functions

incidental thereto under this Act;

(e) “Court” means any civil court of

competent jurisdiction;

(f) “Escheat” means the automatic

transfer to the Government of property of

a person who dies intestate and without

any legal heirs according to his personal

law;

(g) “Escheated property” means any

movable or immovable property such as

land, building or other real or personal

property or any interest, legal or equitable

in it, which has vested or having become

vested or shall vest in the Government by

escheat or lapse, or as bona vacantia under

the provisions of this Act;

(h) “Government”means the Government

of Goa;

(i)“Notification” means a notification

published in the Official Gazette; and the

word “notified” shall be construed

accordingly;

(j)“prescribed” means prescribed by

rules made under this Act;

(k) “property” means and includes

movable or immovable property, as the

case it may be.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 18

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CHAPTER-II

Escheats

3. Escheats.— (1) Notwithstanding

anything contained in any other law for the

time being in force, where any person dies

intestate and without leaving legal heirs

according to his personal law, the property

of such person shall automatically stand

transferred to the Government, and the

Government may cause possession or

management or administration of such

property to be taken over by escheat or lapse,

or as bona vacantia for want of rightful owner,

and on such finding of fact by the Competent

Authority, the Government shall become the

owner of the property without any further

act or document.

4. Preliminary enquiry.— Whenever the

Competent Authority finds out or receives

information from any source that any person

has died interstate and without any legal heirs

and the property of such deceased person is

lying within his jurisdiction, he shall cause

an inquiry to be made to ascertain whether

such deceased person has died intestate and

whether he has left any legal heirs.

5. Publication.— If as a result of the inquiry

under section 4, the Competent Authority is

satisfied that the deceased person has died

intestate and without legal heirs and that

prima facie it is a case of escheat, he shall

publish in the Official Gazette and in two local

newspapers having wide circulation in the

State and two local newspapers in regional

language, a notice calling upon all persons

who may have any claim to the property of

such deceased person to appear before him

and prefer claim within a period of three

months from the date of publication of such

notice.

6. Investigation and Decision.— (1) If any

claim is preferred within the period specified

under section 5, the Competent Authority

shall investigate the claim by taking on

record all evidence produced by the claimant

and he shall decide the case within a period

of four months from the date of receipt of the

claim, after such inquiry as he deems fit to

make, and issue notice of the decision to the

parties concerned.

(2) The decision of the Competent Authority

under sub-section (1) shall be subject to the

provisions of sections 7.

(3) Inquiry to be conducted by the

Competent Authority under sub-section (1)

shall be of summary nature and for the

purpose of such inquiry the Competent

Authority may summon and examine on oath

any person and may compel production of

any document or thing.

(4) It shall be the duty of the Competent

Authority to obtain full information from the

public records and by personal inquiries in

respect of the property, being in all cases

careful not to infringe any private rights or to

occasion unnecessary trouble or vexation to

individuals.

(5) Any income accruing from any such

property shall be kept in Government

treasury till the final disposal of all claims in

respect thereof.

7. Appeal.— (1) Any person aggrieved by

the decision of the Competent Authority

under section 6 may prefer an appeal to the

Appellate Authority within a period of three

months from the date of receipt of the notice

of the decision under sub-section (1) of

section 6 and the decision of the Appellate

Authority on such appeal shall be final.

(2) An appeal shall be decided by the

Appellate Authority within a period of three

months of such appeal being made.

(3) The Appellate Authority shall have the

power to grant interim relief on such terms

and conditions as may be necessary in

circumstances of each case.

(4) No order under sub-section (1) shall be

passed without giving all the persons

interested an opportunity of being heard.

8. Finality of Order.— Save as otherwise

expressly provided in this Act, any order

made by Competent Authority or Appellate

Authority under this Act shall not be called

OFFICIAL GAZETTE — GOVT. OF GOA

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in question in any original suit, application

or execution proceeding and no injunction

shall be granted by any court or other

authority in respect of any action taken or to

be taken in pursuance of any power conferred

by or under this Act.

9. Disposal of escheats.— The escheats

shall be disposed of in such manner as

prescribed:

Provided that any immovable property

which is escheated to the Government shall

not be ordinarily sold until it has been in

possession of the Government for five years

or more.

10. Taking possession by Competent

Authority.— (1) Notwithstanding anything

contained in sections 5 to 9 (both inclusive),

the Competent Authority may, if satisfied after

the inquiry under section 4 that any person

has died interstate and without any legal heirs

and the property of such deceased person is

lying within his jurisdiction, he shall take

possession of such property, provided that

the property is not in the possession of any

person or the person in possession does not

offer any opposition.

(2) If there is opposition in taking

possession of any property by the Competent

Authority under sub-section (1), the person

in possession of the property may be left in

possession thereof until the claim is finally

settled under this Act:

(3) The property taken possession of under

sub-section (1) shall be managed by the

Government in such manner as prescribed.

CHAPTER III

Abandoned Property

11. Abandoned property.— Any property

lying in the State of Goa abandoned by its

rightful

owner

shall

belong

the

Government.

12. Preliminary enquiry.— Whenever the

Competent Authority finds or receives

information from any source that any

property lying within his jurisdiction has been

abandoned by its rightful owner, he shall

cause an inquiry to be made to ascertain

whether there is any legal claimant to such

property.

13. Publication.— (1) If, as a result of the

inquiry under section 12, the Competent

Authority is satisfied that there is a prima

facie case of abandonment of the property

by the rightful owner thereof, he shall publish

in the Gazette and in two local newspapers

having wide circulation in the State and two

local newspapers in regional language, a

notice calling upon all persons who may have

any claim to such property to appear before

him and to prefer claim within a period of

three months from the date of publication of

such notice.

(2) The provisions of sections 6, 7, 8, 9 and

10 shall mutatis and mutandis apply in case

of abandoned property.

CHAPTER-IV

Unclaimed Property

14. Unclaimed properties found in public

places.— Any article found in a public place,

the owner of which is not known, shall be

taken charge of by any police officer who

shall send them for disposal to the Competent

Authority.

15. Publication in the Gazette.— (1) The

Competent Authority shall publish a notice

in the Gazette inviting claimants to prefer

claims to the article sent to him by the police

under section 14 within a period of three

months from the date of publication of such

notice.

(2) Nothing contained in sub-section (1)

shall prevent the Competent Authority from

disposing of any perishable articles, which

come into his possession, at any time, either

before or after the publication of the notice

under sub-section (1).

(3) The article referred to in sub-section

(2) shall be sold in public auction in such

manner as prescribed, and the proceeds of

the sale shall be handed over to the rightful

claimants after deducting the expenses of the

sale or credited to the Government treasury,

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if no claim is preferred within the period

specified in sub-section (1).

16. Forfeiture of articles.— If no claim is

preferred within the period specified in sub-

section (1) of section 15, the Competent

Authority shall pass an order forfeiting the

articles, other than those dealt with under

the sub-section (2) of the said section, to the

Government, and the articles shall thereupon

be sold in public auction in such manner as

prescribed, and the sale proceeds credited

to the Government treasury.

17. Uncontested claim.— If a claim is

preferred within the time allowed and it is

not contested, the article shall be handed

over to the Government.

18. Contested claim.— (1) In the case of a

contested claim, the Competent Authority

shall investigate the claim by taking on

record all evidence produced by the claimant

and he shall decide the case within a period

of four months from the date of receipt of the

claim, after such inquiry as he deems fit to

make, and issue notice of the decision to the

parties concerned.

(2) Inquiry to be conducted by the

Competent Authority under sub-section (1)

shall be of summary nature and for the

purpose of such inquiry the Competent

Authority may summon and examine on oath

any person and may compel production of

any document or thing. The decision of the

Competent Authority under sub-section (1)

shall be final:

Provided that nothing contained in this

section shall prevent the Competent Authority

from disposing of any perishable articles

which come into his possession by public

auction in the manner prescribed, at any time

before the decision on the claim, and if the

claimant is successful in proving his claim,

the sale proceeds shall be handed over to

the claimant.

CHAPTER-V

Miscellaneous

19. Register of properties.— The Competent

Authority shall cause to be kept and

maintained a register in which shall be

entered all the particulars of such item of

every property to which this Act applies and

also, in the case of any such property having

been sold under this Act, the amount of sale

proceeds thereof.

20. Power of Government to make

rules.— (1) The Government may, by

notification in the Gazette, make rules for the

purpose of carrying into effect the provisions

of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for,—

(a) the superintendence and disposal of

escheats and abandoned property;

(b) the manner in which property shall

be managed by the Government;

public auctions under this Act;

(d) any other matter which has to be, or

may be, prescribed.

(3) Every rule made under this Act shall

be laid as soon as may be after it is made

before the Legislative Assembly while it is in

session.

21. Protection of action taken under this

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

proceedings shall lie against any officer/

employee of the Government for anything

which is in good faith done or intended to be

done under this Act or any rules made

thereunder.

(2) No suit or other legal proceeding shall

lie against the Government for any damage

caused or likely to be caused or any injury

suffered or likely to be suffered by virtue of

any provision contained in this Act or any

rules made thereunder or by anything in good

faith done or intended to be done in

pursuance of this Act or any rules made

thereunder.

22. Act to have overriding effect.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

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therewith contained in any other law for the

time being in force or in any instrument or in

any decree or order of any court or other

authority having effect by virtue of any law

other than this Act.

23. Power to remove difficulties.— If any

difficulty arises in giving effect to any of the

provisions of this Act, the Government may,

by order published in the Official Gazette,

make such provisions not inconsistent with

the provisions of this Act as appear to it to be

necessary or expedient for removing the

difficulty:

Provided that no such order shall be

made after the expiration of a period of

two years from the date of commencement

of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the Legislative Assembly of Goa.

Statement of Objects and Reasons

The Bill seeks to provide for taking over of

charge,

management,

administration,

supervision, custody and disposal of property

vested in the State of Goa qua ultima heres

under Article 296 of the Constitution of India

by escheat or lapse, or as bona vacantia and

unclaimed property.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

Section 2 (d) of the Bill seeks to empower

the Government to appoint the Competent

Authority by Notification in the Official

Gazette.

Section 4 of the Bill seeks to empower the

Competent Authority to cause an inquiry to

be made to ascertain whether such deceased

person has died interstate and whether he

has left any legal heirs.

Section 6 of the Bill empowers the

Competent Authority to investigate the claim

by taking on record all evidence produced

by the claimant within a period of four

months from the date of receipt of the claim.

Section 7 of the Bill lays provision to prefer

for an appeal within a period of three months

from the date of receipt of the notice of the

decision under sub-section (1) of section 6 if

any person aggrieved by the decision of the

Competent Authority.

Section 9 lays provision for disposal of

escheats in such manner as prescribed with

proviso that any immovable property which

is escheated to the Government shall not be

ordinarily sold until it has been in possession

of the Government for five years or more.

Section

the

Bill

empowers

notwithstanding anything contained in

sections 5 to 9 (both inclusive), Competent

Authority if satisfied after the inquiry under

section 4 that any person has died interstate

and without any legal heirs and the property

of such deceased person is lying within his

jurisdiction, he shall take possession of such

property, provided that the property is not in

the possession of any person or the person in

possession does not offer any opposition. And

if there is opposition in taking possession then

a person in possession of the property may

be left in possession thereof until the claim is

finally settled under this Act.

Section 11 of the Bill states if any property

lying in the State abandoned by its rightful

owner shall belong to Government.

Section 14 of the Bill states if any article

found in a public place the owner of which

is not known, the police officer shall take

charge of same and then to send them to

Competent Authority for its disposal.

Section 20 of the Bill seeks to empower

the Government to make rules for the purpose

of carrying into effect the provisions of this

Act.

Section 22 of the Bill states the provision of

this Act shall have effect notwithstanding

anything inconsistent therewith contained in

any other law for the time being in force or

in any instrument or in any decree or order

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of any court or other authority having effect

by virtue of any law other than this Act

Section 23 of the Bill empower the

Government to issue an Order for the purpose

of removing any difficulty which may arise in

giving effect to the provisions of the Act.

These delegations are of normal character.

Porvorim, Goa

(ATANASIO MONSERRATE)

29th July, 2024

Minister for Revenue.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa

Secretary to the Legislative

29th July, 2024

Assembly.

______

LA/LEGN/2024/1354

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 30th July, 2024 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 Industrial Development

(Amendment) Bill, 2024

(Bill No. 31 of 2024)

BILL

further to amend the Goa Industrial

Development Act, 1965 (Act No. 22 of 1965).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the Republic

of India as follows:—

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

Act may be called the Goa Industrial

Development (Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 2.— In section 2

of the Goa Industrial Development Act, 1965

(Act No. 22 of 1965) (hereinafter referred to

as the “principal Act”),—

(i) in clause (a), for the word “road”,

the expression “means of access” shall be

substituted;

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

shall be inserted, namely:—

“(aa) Board of Directors” or “Board”

means the collective body of the

directors of the Corporation;”;

(iii) clause (c) shall be omitted;

(iv) for clause (e), the following clause

shall be substituted, namely:—

“(e) “development” with its gra-

mmatical variations and cognate

expressions, means the carrying out of

building, engineering, quarrying, mining

or other operations, in, on, over or under

land or water, or the making of any

material change, to any building, or land,

or in the use of any building or land,

and includes demolition of any existing

building, structure or erection or part of

such building, structure or erection and

re-development, sub-division of any land

and “to develop” shall be construed

accordingly.”

(v) for clause (f), the following clause

shall be substituted, namely:—

“(f) “Enterprise” means an industrial

undertaking, commercial undertaking, or

utility for which land may be provided

by the Corporation;”;

(vi) in clause (g), for the word

“industries”, the word “enterprises” shall

be substituted;

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

shall be substituted, namely:—

“(h) “Industrial Estate” means any

industrial area notified by the State

Government where the Corporation

provides amenities, plots or builds factory

sheds or buildings and makes them

available for any enterprise;”;

(viii) clause (i) shall be omitted;

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

shall be inserted, namely:—

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“(ha) “Land” includes benefits to arise

out of land, and things attached to the

earth or permanently fastened to

anything attached to the earth;”;

(x) clause (l) shall be omitted.

3. Amendment of section 4.— In section 4

of the principal Act, in sub-section (1),—

(i) in clause (f), for the words “Small

Scale Industries Association”, the words

“Goa State Industries Association” shall be

substituted;

(ii) in clauses (g), and (h), for the word

“Government”, wherever it occurs, the

words “State Government” shall be

substituted;

(iii) in clause (hh),—

(a) for the word “three”, the word

“two” shall be substituted;

(b) after the word “pharma”, the

words “or any other industrial sector”

shall be inserted;

words “State Government” shall be

substituted;

(iv) after clause (i), the following clause

shall be inserted, namely:—

“(j) Chairperson, Confederation of

Indian Industry - Goa State Council;”

(v) the following proviso shall be

inserted, namely:—

“Provided that the Corporation shall

have at least one woman director.”.

4. Substitution of section 7.— For section 7

of the principal Act, the following section shall

be substituted, namely:—

“7. Meetings of the Corporation.— (1) The

Board of Directors shall meet at such times

and places, and shall, subject to the other

provisions of this section, observe such

rules of procedure in regard to the

transaction of its business as may be

prescribed.

(2) There shall be atleast four meetings

of the Board of Directors in every financial

year and that not more than one hundred

and twenty days shall intervene between

two consecutive meetings of the Board of

Directors.

(3) A meeting of the Board of Directors

shall be called by giving not less than seven

days’ notice in writing to every director at

his address registered with the Corporation

or by electronic means:

Provided that a meeting of the Board

of Directors may be called at shorter

notice to transact urgent business

subject to the condition that the

Chairman of the Corporation, shall be

present at the meeting:

Provided further that in case of

absence of the Chairman from such a

meeting of the Board, decisions taken

at such a meeting shall be circulated

to all the directors and shall be final

only on ratification thereof by the

Chairman.

(4) In the absence of the Chairman, the

directors present from amongst the Board

of Directors shall choose the presiding

officer to preside over the meeting of the

Board of Directors.

(5) The quorum for a meeting of the

Board of Directors shall be as may be

decided by the Corporation from time to

time but shall not be less than four

directors.

(6) All questions which come up before

any meeting shall be decided by a majority

vote of the members present and voting,

and in the event of an equality of votes,

the person presiding, shall have a second

or casting vote.”.

5. Insertion of new section 7A.— After

section 7 of the principal Act, the following

section shall be inserted, namely:—

“7A. Conflict of Interest.— (1) A director

of the Corporation, who is, or whose

relatives are, directly or indirectly,

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concerned or interested in any contract,

or proposal entered into or proposed to be

entered into by or on behalf of the

Corporation, shall at the earliest possible

opportunity, disclose the nature and extent

of his interest (whether pecuniary or

otherwise) to the Board of Directors, in

writing.

Explanation:

(i) Without prejudice to the generality

of the foregoing clause, the phrase

“concerned or interested” includes a

director or his relatives) having

shareholding or other ownership

interest, having given or received a loan

to, or being a promoter, director,

manager, chief executive officer of any

company, body corporate, partnership

firm, limited liability partnership,

association of persons, body of individuals

or any artificial juridical person having

any contract or proposal entered into or

proposed to be entered into with the

Corporation.

(ii) “relative” means the parents,

spouse, children, sibling of a director,

spouse of the director’s sibling and

children of the director’s sibling.

(2) Upon disclosure by a director of any

interest in accordance with sub-section (1)

above, the interested director shall recuse

himself from any discussions and voting

relating to such matters, unless otherwise

decided by the other directors.

(3) A contract entered into by the

Corporation where a disclosure under

sub-section (1) above ought to have been

made, but was not made, shall be voidable

at the option of the Corporation.”.

6. Amendment of section 8.— In section 8

of the principal Act,—

(i) in sub-section (1),—

(a) in clause (c), the expression “or

from all meetings of the Corporation for

three consecutive months” shall be

omitted;

(b) for clause (d), the following clause

shall be substituted, namely:—

“is convicted of an offence involving

moral turpitude,”,

expression shall be inserted, namely:—

“he shall cease to be a director of

the Corporation.”;

(ii) in sub-section (2), after clause (d),

the following clause shall be inserted,

namely:—

“(e) has failed to disclose any conflict

of interest in accordance with section

7A.”.

7. Amendment of section 10.— In section

10 of the principal Act, sub-section (2) shall

be omitted.

8. Amendment of section 13.— In section

13 of the principal Act, in clause (ii), in sub-

clause (d), for the word “Government” the

words “State Government” shall be

substituted.

9. Amendment of section 14.— In section

14 of the principal Act,—

(i) in clause (c), the words “and common

facilities” shall be omitted;

(ii) in clause (d), for the words “industrial

undertakings”, the word “enterprise” shall

be substituted.

10. Insertion of new sections 14A to 14D.—

After section 14 of the principal Act, the

following sections shall be inserted,

namely:—

“14A. Power to lay pipeline infrastruc-

ture.— (1) When any industrial area is

taken up for development under sub-clause

(b) of clause (ii) of section 13, the

Corporation, or any person empowered in

this behalf by the State Government by

notification in the Official Gazette

(hereinafter in this section referred to as

“the authorised person”), may for the

purposes of: (i) carrying gas, water or

electricity from a source of supply to the

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said industrial area; or (ii) constructing any

sewers or drains necessary for carrying

the waste liquids of an industrial process

through, any intervening industrial area,

lay down, place, inspect, maintain, alter,

remove or repair any pipeline infrastructure

in, on, under, over, along or across any land

in such industrial areas.

(2) While exercising the power conferred

by sub-section (1), the Corporation or the

authorised person shall cause as little

damage as possible to property of the

industrial area. Compensation to all persons

who have sustained any damage as a

consequence of the exercise of such power

as aforesaid shall be paid, in proportion to

the damage so caused, by the Corporation

or, in the case of the authorised person, by

the State Government.

(3) Nothing herein shall authorise or

empower the Corporation or the person

authorised to lay down or place any pipe

line infrastructure, or any other works into,

through or against any building or in any

land not dedicated to public use without

the consent of the person to whom the land

has been allotted or occupiers thereof,

except that the Corporation or such

authorised person may at any time enter

upon and lay or place any new pipe line

infrastructure in the place of an existing

pipe line infrastructure in, on, under, over,

along or across any land wherein any such

pipe line infrastructure, has been already

lawfully laid down or placed in pursuance

of this Act, and may repair or alter any

pipe so laid down:

Provided that, nothing in the aforesaid

provision shall be construed to mean that

the Corporation or other person is

forbidden from having the said land

acquired at any time by the State

Government in the normal course.

Explanation: For the purposes of this

section, “pipeline infrastructure includes

a pipe, pipe line, conduit, supply or

services lines, posts or other appliances

or apparatus.

14B. Powers of entry and inspection.—

(1) Any officer of the Corporation, and/or

any person authorised by the Corporation

in this behalf, may enter upon or into any

premise, with or without assistants or

workmen for the purpose of,—

(a) making any inspection, survey,

measurement, enquiry or taking levels

of such premise;

(b) examining construction and

ascertaining the course of sewers and

drains;

(d) setting out boundaries and

intended lines of work;

(e) marking such levels, boundaries

and lines by placing marks and cutting

trenches;

(f) doing any other thing necessary

for the efficient implementation of this

Act:

Provided that,—

(i) no such entry shall be made

except between the hours of sunrise

and sunset and without giving

reasonable notice to the occupier of

the premises;

(ii) notwithstanding the proviso at

(i) above, any officer of the Corporation

authorized in this behalf may carry out

surprise inspection at any premise

without providing any advanced

notice to the occupier of the said

premise; and

(iii) sufficient opportunity shall in

every instance be given to enable

women (if any) to withdraw from such

premise.

14C. Power to levy service charge.—

Notwithstanding anything contained in

any contract or in any law for the time

being in force, the Corporation may levy

on the owner or occupier of the enterprise

development cost, fees or service charges

to cover its expenses on construction and

maintenance of roads, drainage, water-

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supply and such other services and

amenities as may be provided by it

including provision of street lighting, at

such rates as may be specified by the

Corporation from time to time and such

cost, fees or charges may be levied on the

plot holders or other persons receiving

benefit of the services or amenities.

14D. Environmental Sustainability

Measures.— (1) The Corporation may

encourage and promote the development

and use of environmentally sustainable

practices,

materials,

technologies,

including resource efficiency, energy

efficiency, renewable energy, emission

reduction, waste management and water

conservation in industrial areas and

industrial estates.

(2) For the purpose of sub-section (1)

above, the Corporation may do all things

that are necessary or convenient to enable

it to achieve the objective thereunder,

including identifying and introducing

guidelines,

measures,

indicators,

monitoring mechanisms, review processes

and issuing orders or directions to

persons.”.

11. Amendment of section 15.— In section

15 of the principal Act, for the words “Officer

authorised by the Corporation”, the words

“Officer authorised by the Board of Directors”

shall be substituted.

12. Substitution of section 27.— For section

27 of the principal Act, the following section

shall be substituted, namely:—

“27. Acquisition and Disposal of Land.—

Whenever any land is required by the

Corporation for any purpose in furtherance

of the objects of this Act, the Corporation

may acquire such land by agreement, or

the State Government may, upon an

application of the Corporation in that behalf,

order proceedings to be taken under the

relevant land acquisition law for acquiring

the same on behalf of the Corporation as if

such lands were needed for a public

purpose within the meaning of the relevant

land acquisition laws.”

13.

Amendment of Section 28.— In section

28 of the principal Act,—

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

section shall be substituted, namely:—

“(1) Subject to any directions given

by the State Government under this Act,

the Corporation may dispose of any land

acquired by the State Government and

transferred to it, with or without

undertaking or carrying out any

development thereon, to such persons

in such manner and subject to such

terms and conditions, as it considers

expedient for securing the purposes of

this Act.”;

(ii) sub-section (2) shall be omitted.

14. Amendment of section 29.— In section

29 of the principal Act, for sub-section (1),

the following sub-section (1) shall be

substituted, namely:—

“(1) For the furtherance of the objects of

this Act, the State Government may, by

notification in the Official Gazette, upon

such conditions as may be agreed upon

between the State Government and the

Corporation, place at the disposal of the

Corporation any lands vested in the State

Government.”.

15. Omission of sections 31, 32, 33, 34, 35

and 36.— In the principal Act, sections 31,

32, 33, 34, 35 and 36 shall be omitted.

16. Amendment of section 37A.— In section

37A of the principal Act, in sub-section (1),—

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

shall be substituted, namely:—

“(a) declare an area to be an industrial

area;”;

(ii) in clause (c), the proviso shall be

omitted.

17.

Substitution of section 37B.— For

section 37B of the principal Act, the following

section shall be substituted, namely:—

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“37B. Development of areas.— (1)

Notwithstanding anything to the contrary

contained in any other law for the time

being in force, the State Government may,

with respect to any area notified under sub-

section (1) of Section 37A by notification in

the Official Gazette, appoint a Industrial

Planning and Development Committee

consisting of,—

(i) the Managing Director of the

Corporation— Chairperson.

(ii) Under Secretary (Revenue) of the

Government of Goa— Member;

(iii) One member nominated by the

Corporation from amongst the Directors

of the Corporation having knowledge in

the field of engineering, architecture,

industry, etc.— Member

(iv) An officer not below the rank of

Deputy Town Planner to be nominated

by the Government— Member Secretary

(v) General Manager (Engineering) of

the

Goa

Industrial

Development

Corporation— Member,

to decide and dispose of all

applications for land development,

permissions, No Objection Certificate,

construction and building under all

local or special laws including Goa

Town and Country Planning Act, 1974

(Goa Act No 21 of 1975) and the Goa

(Regulation of Land Development and

Building Construction) Act, 2008 (Goa

Act No. 6 of 2008), and rules and

regulations framed thereunder, as

amended

from

time

(hereinafter in this section, collectively

referred to as the “said law”)

(2) The Industrial Planning and

Development Committee shall discharge all

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 said laws in force.

(3) Without prejudice to the generality

of sub-section (2) of section 37B, the

Industrial Planning and Development

Committee may,—

(a) provide approvals and clearances

based on proposals submitted in relation

to industrial areas and industrial estates

in accordance with the Goa (Regulation

of Land Development and Building

Construction) Act, 2008 (Goa Act No. 6

of 2008), as amended from time to time;

(b) advise on sub-division of plots in

an industrial area and industrial estate;

(d) advise the Corporation in relation

to notices issued in respect to inspection,

demolition,

eviction,

removal

obstruction or other action in an

industrial area or industrial estate; and

(e) perform any other function which

supplemental,

incidental

consequential to any of the functions

aforesaid or which may be prescribed

for the proper implementation of this Act.

(4) The Industrial Planning and

Development 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 laws.

(5) All decisions of the Industrial

Planning and Development Committee shall

be approved by at least three members of

the Industrial Planning and Development

Committee, compulsorily including the

Managing Director. The Corporation may

make regulations governing the procedure

for conduct of meetings of the Industrial

Planning and Development Committee.

(6) No compensation shall be claimable

by any person for any damage or loss

which he may sustain in consequence of

any order of the Industrial Planning and

Development Committee made under this

section.

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(7) Notwithstanding anything to the

contrary contained in any other law for the

time being in force, the Corporation may

make regulations to govern the grant of

development permissions in an industrial

area and/or industrial estate.

(8) Any person aggrieved by the decision

or order made by the Industrial Planning

and Development Committee in discharging

the functions of the Planning and

Development Authority in accordance with

sub-section (2) above, 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.”

18.

Substitution of section 38.— For

section 38 of the principal Act the following

section shall be substituted, namely:—

“38. Recovery of sums due to the

Corporation as arrears of land revenue.—

All sums payable by any person to the

Corporation or recoverable by it by or

under this Act or any rule or regulation

made thereunder or any agreement made

pursuant thereto and all charges or

expenses incurred in connection therewith

shall, without prejudice to any other mode

of recovery, be recoverable as arrears of

land revenue on the application of the

Corporation.”

19. Insertion of new sections 38A to 38E.—

After section 38 of the principal Act, the

following sections shall be inserted,

namely:—

“38-A. Unauthorised construction or

alteration.— (1) Where any person,

whether at his own instance or at the

instance of any other person, undertakes

or carries out construction of or alterations

to any building in an industrial area or

industrial estate contrary to the terms

under which he holds such building or

land under this Act or any rules or

regulations made thereunder, including the

terms of any license, approvals or

permissions granted to such person, the

Corporation may make a conditional order

requiring such person to take any of the

following steps as may be specified in the

order, namely—

(a) immediately prevent or stop such

construction or alteration, if such

construction or alteration is ongoing;

and/or

(b) remove such construction or

alteration within the period specified in

such order, which period shall not be

less than one month from the date of

service of such order.

(2) The person against whom an order

under sub-section (1) above is made, may,

within the time specified in the order,

appear and show cause against such order.

(3) Where such person, within the time

specified in the order:

(a) does not show cause against the

order; or

(b) appears and shows cause against

the order, but the Corporation is satisfied

that the order, either as originally made

or subject to such modification as it

considers necessary, is reasonable and

proper, then the order shall be made

absolute.

(4) Where such person, within the time

specified in the order, appears and shows

cause against the order, and the

Corporation is satisfied with the cause so

shown, then no further action shall be

taken by the Corporation in the matter.

(5) Where an order is made absolute

under sub-section (3) above, and the

person against whom such order is made,

fails to comply with the order within the

time specified thereunder, an authorized

officer of the Corporation may, with or

without assistants or workmen, enter upon

the premises of such person and demolish

or caused to be demolished such

unauthorised construction or alteration,

and the expenses of such demolition shall

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be recoverable by the Corporation from

such person.

(6)

Wherever

required

the

Corporation, the Corporation may require

any police officer to remove such person

and all his assistants and workmen from

the premises within the time as may be

specified in the requisition and such police

officer shall comply with the requisition

accordingly.

(7) After a requisition under sub-section

(6) has been complied with, the

Corporation may depute, by a written order,

a police officer or an officer, or employee of

the Corporation to watch the place in order

to ensure that the erection of the building

is not continued.

38-B. Resumption.— (1) Where any

person has breached the terms on which

land has been allotted to him, the

Corporation may, in addition to any other

action it may take under this Act, give a

notice to such person to show cause as to

why no action should be taken by the

Corporation for terminating such allotment

and resuming any allotted land or part

thereof by the Corporation.

(2) If such person fails to show cause as

to why no action should be taken by the

Corporation, the Corporation may pass an

order terminating the allotment of such

land and directing the allottee to surrender

and hand over vacant possession of the

said land to the Corporation within the

period stipulated in the notice, which shall

not be less than one month from the date

of such order.

(3) Upon the expiry of period stipulated

in sub-section (2) above, the said land,

along with all moveable and immoveable

properties, shall be deemed to vest with

the Corporation and the Corporation may

dispose of such properties in such manner

as deems fit, and such person shall have

no recourse against the Corporation in this

regard. The cost of any disposal shall be

recoverable from such person by the

Corporation as arrears of land revenue

under Land Revenue Code, 1968 (Act

No. 9 of 1969).

38-C. Fines.— Where any person

contravenes any of the provisions of this

Act or the rules or regulations made

thereunder, or fails to comply with an order

of the Corporation made under this Act or

the rules or regulations made thereunder,

or fails to comply or contravenes the terms

of allotment of any land, such person shall

be liable to pay the Corporation such fines

as may be prescribed. The imposition of

such fines shall be in addition to any other

rights that the Corporation may exercise

under this Act.

38-D. No Compensation.— No compensa-

tion shall be claimable by any person for

any damage or loss which he may sustain

in consequence of any order of the

Corporation made under this Chapter.

38-E. Unauthorised transfer.— No person

allotted any land by the Corporation shall

assign or transfer, including by way of sub-

lease, the premises or any interest therein

to any other person, without the prior

approval

the

Corporation.

Any

assignment or transfer in contravention of

this provision shall be void.”

20. Amendment of section 39.— In section

39 of the principal Act.—

(i) in sub-section (1),

(a) clause (a) shall be omitted;

(b) in clause (b), for the expression,

“firm, if the document is addressed to

the firm” the expression “body corporate,

trust, partnership firm, limited liability

partnership or association of persons, if

the document is addressed to such

person” shall be substituted;

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

sub-section shall be inserted, namely:—

“(5)

Notwithstanding

anything

contained in this section, any notice,

orders and other documents required by

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this Act, or any rule or regulation made

thereunder to be served upon any person

may be served by electronic mail service

to the registered email address of the

entity and/or a director or designated

partner or any person in-charge and

responsible for the conduct of business

and management of such entity.”.

21. Amendment of section 40.— In section

40 of the principal Act, for the words “by

beat of drum”, the words “on the

Corporation’s website” shall be substituted.

22. Amendment of section 45.— In section

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

clause (b), for the word “Government”, the

words “State Government” shall be

substituted.

23. Omission of section 46, 47, 48 and 49.—

In the principal Act sections 46, 47, 48 and

49 shall be omitted.

24. Amendment of section 51.— In section

51 of the principal Act, for sub-section (1),

for clause (e), the following clause shall be

substituted, namely:—

“(e) a committee to hear appeals against

the decision of any officer of the

Corporation in respect of any matter under

the Act or Regulations.”

25. Amendment of section 52.— For section

52 of the principal Act, the following section

shall be substituted, namely:—

“52. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against the State

Government, or any officer of the State

Government or any person authorised in

this behalf for anything which is in good

faith done or intended to be done in

pursuance of this Act or of any rules,

regulations or orders made thereunder.”

26. Insertion of new section 53A.— After

section 53 of the principal Act, the following

section shall be inserted, namely:—

“53A. Officers of the Corporation may

be vested with other powers.— The State

Government may, by notification in the

Official Gazette, nominate any officer of the

Corporation to be a controller or licensing

authority under any law for the time being

in force relating to the procurement or

distribution of any commodity in respect of

the establishments established or to be

established in the industrial areas or

industrial estates entrusted to or developed

by the Corporation and no such nomination

shall be called into question merely on the

ground that such officer is not an officer of

the State Government.”

27.

Substitution of section 55.— In section

55 of the principal Act, the following section

shall be substituted, namely:—

“55. Act to have overriding effect.— (1)

The provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other State law

for the time being in force.

(2) Nothing in this Act, the rules or

regulations made thereunder shall be

construed as exempting any establishment

from the application of the provisions of

any law for the time being in force, or any

regulatory measures and standards

prescribed thereunder, except to the extent

provided in this Act.”

Statement of Objects and Reasons

The Bill seeks to provide for amendments

to the Goa Industrial Development Act, 1965

(Act No. 22 of 1965) to ensure greater

transparency, address issues of conflict of

interest, improved working of the Corporation

and enhance the Ease of Doing Business,

while ensuring that there is an organised and

sustainable industrialisation in the State of

Goa.

Financial Memorandum

No financial implications are involved in this

Bill.

Memorandum Regarding Delegated

Legislation

1. Clause 7 of The Goa Industrial Develop-

ment (Amendment) Bill, 2024 seeks to

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empower the State Government to make

rules for the time and place, procedure in

regard to the transaction of its business for

the meeting of the Board of Directors.

2. Sub-clause (1) of Clause 14A of The Goa

Industrial Development (Amendment) Bill,

2024 seeks to empower the Corporation or

any person empowered in this behalf by the

State Government to lay down, place, inspect,

maintain, alter, remove or repair any pipeline

infrastructure in, on, under, over, along or

across any land in such industrial areas, by

notification for (a) carrying gas, water or

electricity from a source of supply to the said

industrial area or (b) constructing any sewers

or drains necessary for carrying the waste

liquids of an industrial process through, any

intervening industrial area.

3. Clause 29 of The Goa Industrial Goa

Industrial Development (Amendment) Bill,

2024 seeks to empower the State Government,

to place at the disposal of the Corporation

any lands vested in the State Government

upon such conditions as may be agreed upon

between the State Government and the

Corporation, by notification.

4. The matters in respect of which the

aforementioned rules and regulations may be

made are matters of procedure and

administrative detail, and as such, it is not

practicable to provide for them in the

proposed Bill itself. The delegation of

legislative power is therefore, of a normal

character.

Porvorim, Goa

(SHRI MAUVIN GODINHO)

30th July, 2024

Minister for Industry.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa

Secretary to the Legislative

30th July, 2024

Assembly.

ANNEXURE

-------------------------------------------------------------

Extract of the existing Sections 2(a), 2(c), 2(e), 2(f),

2(g), 2(h), 2(i), 2(l), 4, 7, 8(1), 8(2), 10(2), 13(ii)(a),

13(ii)(b), 13(ii)(d), 14(b), 14(d), 15, 27, 28, 29(1), 31,

32, 33, 34, 35, 36, 37A, 37B, 38, 39, 40, 45(2), 46, 47,

48, 49, 51(1) (e), 52 & 55 of “The Goa Industrial

Development Act, 1965”, proposed for

amendments.

-------------------------------------------------------------

CHAPTER I

Preliminary

2. Definitions.— In this Act, unless the context

otherwise requires,—

(a) “amenity” includes road, supply of water

or electricity, street lighting, drainage, sewerage,

conservancy and such other convenience as the

State Government may, by Notification in the

Official Gazette, specify to be an amenity for the

purposes of this Act;

District,

and

includes

any

Officer

specially appointed by the State Government to

perform the functions of a Collector under this

Act;

(e) “Development” with its grammatical

variations, and cognate expressions, means the

carrying out of building, engineering, quarrying

or other operations, in, on, over or under land, or

the making of any material change of any

building or land, and includes re-development

and “to develop” shall be construed

accordingly;

(f) “Engineering operation” include the

formation or laying out of means of access to a

road or the laying out of means of water supply;

(g) “Industrial area” means any area declared

to be an industrial area by the State Government

by notification in the Official Gazette, which is

to be developed and where industries are to be

accommodated;

(h) “Industrial Estate” means any site selected

by the State Government where the Corporation

builds factories and other buildings and makes

them available for any industries or class of

industries;

(i) “Means of access” includes a road, wharf

or any means of access, whether private or

public, for vehicles or boats or for foot

passengers;

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(l) The expression “Land” and the expression

“Person interested” shall have the meanings

respectively assigned to them in section 3 of the

Land Acquisition Act, 1894 (1 of 1894);

CHAPTER II

Establishment and Constitution of the Corporation

4. Constitution.— (1) The Corporation shall

consist of the following twelve Directors that is to

say:—

(a) Secretary (Industries);

(b) Secretary (Finance) who shall be the

Financial Advisor to the Corporation;

(d) Director of Industries;

(e) President, Goa Chamber of Commerce and

Industry;

(f) President, Small Scale Industries

Association;

(g) An Architect or Environment Expert, to be

nominated by the Government;

(h) A person having shown capacity in

industry or commerce, to be nominated by the

Government;

(hh) Three persons having expertise in the

fields of food processing/agriculture,

biotechnology and pharma, to be nominated

by the Government”;

(i) The Managing Director of the Corporation,

who shall be the Chief Executive of the

Corporation, shall also be the Ex Officio Secretary

to the Corporation;

7. Meetings of Corporation.— (1) The Corporation

shall meet at such times and places, and shall

subject to the provisions of sub-section (2) observe

such rules of procedure in regard to the transaction

of its business as may be provided by

regulation made under this Act.

(2) A director, who is directly or indirectly

concerned or interested in any contract, loan,

arrangement or proposal entered into or proposed

to be entered into by or on behalf of the Corporation

shall at the earliest, possible opportunity disclose

the nature of his interest to the Corporation when

any such contract, loan, arrangement or proposal

is discussed.

8. Cessation of Director.— (1) If a director—

(a) becomes, subject to any of the

disqualifications mentioned in section 5, or

(b) tender his resignation in writing to, and

such resignation is accepted by, the

State Government, or

permission from three consecutive meetings

of the Corporation, or from all meetings of the

Corporation for three consecutive months, or

(d) is convicted of an offence involving moral

turpitude,— he shall cease to be a director of

the Corporation.

(2) The State Government may by order suspend

from office for such period as it thinks fit, or remove

from office any director of the Corporation, who in

its opinion—

(a) has refused to act, or

(b) has become incapable of acting, or

render his continuance on the Corporation

detrimental to the interest thereof or of the

general public, or

(d) is otherwise unfit to continue as a

director:

Provided that, a director shall not be

suspended or removed from unless he

has been given reasonable opportunity to

show cause against the order.

10. Temporary absence of directors.—

2) In the absence of Chairman, the directors

present shall choose the Presiding Officer to

preside over the meeting.

CHAPTER III

Functions and Powers of the Corporation

13. Functions.— The functions of the Corporation

shall be—

(ii) In particular, and without prejudice to the

generality of clause (i) to—

(a) establish and manage industrial estates

at places selected by the State Government;

(b) develop industrial areas selected by the

State Government for the purpose and make

them available for undertakings to establish

themselves;

(d) Undertake schemes or works either

jointly or on agency basis with other corporate

bodies or institutions, or with Government in

furtherance of the purposes for which the

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Corporation is established and all matter

connected therewith.

14. General powers of the Corporation.— Subject

to the provisions of this Act, the Corporation shall

have power—

and common facilities in industrial estates and

industrial areas and construct and maintain or

cause to be maintained works and buildings

therefor;

(d) to make available buildings on hire or sale

to industrialists or persons intending to start

industrial undertakings;

15. Authentication of orders and documents of

Corporation.— All permissions, orders, decisions,

notices and other documents of the Corporation

shall be authenticated by the signature of the

Managing Director of the Corporation or any other

Officer authorised by the Corporation in this

behalf.

CHAPTER V

27. Acquisition of land for the Corporation to be

a public purpose.— Any land required by the

Corporation for carrying out any of its functions

shall be deemed to be needed for a public purpose

and may be acquired under the provisions of the

Land Acquisition Act, 1894 or any other law for

the time being in force.

28. Disposal of land by the Corporation.— (1)

Subject to any directions given by the State

Government under this Act, the Corporation may

dispose of—

(a) any land acquired by the State Government

and transferred to it, without undertaking or

carrying out any development thereon; or

(b) any such land after undertaking or carrying

out such development as it thinks fit, to such

persons in such manner and subject to such terms

and conditions, as it considers expedient for

securing the purposes of this Act.

(2) The powers of the Corporation with respect

to the disposal of land under sub-section (1) shall

be so exercised as to secure so far as practicable,

that—

(a) where the Corporation proposes to dispose

sale

any

such

land

without

any development having been undertaken or

carried out thereon, the Corporation shall offer

the land in the first instance to the person from

whom it was acquired, if they desire to purchase

it, subject to such requirements as to its

development and use as the Corporation may

think fit to impose;

(b) persons who are residing or carrying on

business or other activities on any such land

shall, if they desire to obtain accommodation on

land belonging to the Corporation and are willing

to comply with any requirements of the

Corporation as to its development and use, have

as opportunity to obtain thereon accommodation

suitable to their reasonable requirements on

terms settled with due regard to the price at

which any such land has been acquired from

them.

(3) Nothing in this Act shall be construed as

enabling the Corporation without the approval of

the State Government to dispose of land by way of

gift, mortgage or charge, but subject as aforesaid

any reference in this Act to the disposal of land

shall be construed as a reference to the disposal

thereof in any manner, whether by way of sale,

exchange or lease or by the creation of any

easement, right or privilege or otherwise.

29. Government lands.— (1) For the furtherance

of the objects of this Act, the State Government

may, upon such conditions as may be agreed upon

between that Government and the Corporation,

place at the disposal of the Corporation any lands

vested in the Government.

CHAPTER VI

Supplementary and Miscellaneous Provisions

31. Order of demolition of building.— (1) Where

the erection of any building in an industrial estate

or industrial area has been commenced, or is being

carried on, or has been completed, or any existing

building is altered, in contravention of the terms

on which such building or the land on which it

stands is held or granted by or under this Act, or

any rules made thereunder any officer of the

Corporation empowered by it in this behalf may,

in addition to any prosecution that may be

instituted under this Act, make an order directing

that such erection shall be demolished by the owner

thereof within such period not exceeding two

months as may be specified in the order, and on the

failure of the owner to comply with the order, the

officer may himself cause the erection to be

demolished and the expenses of such demolition

shall be recoverable by the Corporation from the

owner:

Provided that, no such order shall be made

unless the owner has been given a reasonable

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opportunity to show cause why the order should

not be made.

(2) Any person aggrieved by an order under sub-

section (1) may appeal against that order within

thirty days from the date thereof to a Committee of

the Corporation set up for the purpose by

regulations made in this behalf. Such Committee

may after hearing the parties to the appeal either

allow or dismiss the appeal or reverse or vary the

order or any part of it.

(3) The decision of the Committee on the appeal

and subject only to such decision the order made

by the officer under sub-section (1) shall be final.

32. Power to stop building operations.— (1) Where

the erection of any building in an industrial estate

or industrial area has been commenced, or is being

carried on, has been completed, or any existing

building is altered, in contravention of the terms

on which such building or the land on which it

stands is held or granted under this Act or any

rules made thereunder any officer of the Corporation

empowered in this behalf may, in addition to any

prosecution that may be instituted under this Act,

make an order requiring the building operations

in relation to such erection to be discontinued on

and from the date of service of the order.

(2) Where such building operations are not

discontinued in pursuance of the requisition under

sub-section (1), the Corporation or the officer

empowered as aforesaid may require any police

officer to remove the person by whom the erection

of the building has been commenced and all his

assistants and workmen from the place of the

building within such time as may be specified in

the requisition and such police officer shall comply

with the requisition accordingly.

(3) After a requisition under sub-section (2) has

been complied with, the Corporation or the officer

empowered as aforesaid may depute by a written

order a police officer or an officer, or employee of

the Corporation to watch the place in order to

ensure that the erection of the building is not

continued.

(4) Any person failing to comply with an order

made under sub-section (1) shall, on conviction, be

punished with fine which may extend to two

hundred rupees for every day during which such

non-compliance continues after the service of the

order.

(5) No compensation shall be claimable by any

person for any damage or loss which he may sustain

in consequence of any order made under this

section.

33. Penalty for construction or use of land and

buildings contrary, to terms of holding.— (1) Any

person who whether at his own instance or at the

instance of any other person undertakes or carries

out construction of or alterations to any building in

an industrial estate or industrial area contrary to

the terms under which he holds such building or

land under this Act or any rules made thereunder

shall, on conviction be punished with fine which

may extend to one lakh rupees, and in the case of

a continuing contravention with a further fine

which may extend to five thousand rupees for

every day during which such offence continues

after conviction for the first commission of the

offence.

(2) Any person who uses any land or building in

an industrial estate or industrial area contrary to

the terms under which he holds such land or

building under this Act or any rules made

thereunder or in contravention of the provisions of

any regulations made in this behalf shall, on

conviction, be punished with fine which may

extend to fifty thousand rupees.

34. Power to lay pipe lines etc.— (1) Within any

area taken up for development under paragraph

(b) of clause (ii) of section 13 the Corporation, or

any person empowered in this behalf by the State

Government by notification in the Official Gazette

(hereinafter in this section referred to as “the

authorised person”), may for the purposes of

(a) carrying gas, water or electricity from a source

of supply to the said area or (b) constructing any

sewers or drains necessary for carrying off the

workings and waste liquids of an industrial process

through, any intervening area, lay down, place,

maintain, alter, remove or repair any pipes, pipe

lines, conduits, supply or services lines, posts or

other appliances or apparatus in, on, under, over,

along or across any land in such areas.

(2) The Corporation or the authorised person may

at any time enter upon any land in any such area

and in such event the provisions of section 35 shall

mutatis mutandis apply.

(3) While exercising the power conferred by sub-

section (1), the Corporation or the authorised

person shall cause as little damage as possible to

property. Full compensation to all persons interested

for any damage sustained by them in consequence

of the exercise of such power as aforesaid shall be

paid, as the case may be, by the Corporation or, in

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the case of the authorised person, by the State

Government.

(4) Nothing herein shall authorise or empower

the Corporation or the authorised person to lay

down or place any pipe or other works in to, through

or against any building or in any land not dedicated

to public use without the consent of the owners

and occupiers thereof, except that the Corporation

or such person may at any time enter upon and lay

or place any new pipe in the place of an existing

pipe in any land wherein any pipe has been already

lawfully laid down or placed in pursuance of this

Act, and may repair or alter any pipe so laid

down:

Provided that, nothing in the aforesaid

provision shall be construed to mean that the

Corporation or other person is forbidden from

having the said land acquired at any time by

the State Government in the normal course.

35. Powers of entry.— Any officer of Government,

any member of the Corporation, and any person

either generally or specially authorised by the

Corporation in this behalf may enter into or upon

any land or building with or without assistants or

workmen for the purpose of—

(a)

making

any

inspection,

survey,

measurement, valuation or enquiry or taking

levels of such land or building;

(b) examining works under construction and

ascertaining the course of sewers and drains;

(d) setting out boundaries and intended lines

of work;

(e) marking such levels, boundaries and lines

by placing marks and cutting trenches;

(f) doing any other thing necessary for the

efficient administration of this Act: Provided

that,—

(i) no such entry shall be made except

between the hours of sunrise and sunset

and without giving reasonable notice to the

occupier, or if there be no occupier to the owner

of the land or building;

(ii) sufficient opportunity shall in every

instance be given to enable women (if any) to

withdraw from such land or building;

(iii) due regard shall always be had, so far as

may be compatible with the exigencies of the

purpose for which the entry is made, to the social

and religious usages of the occupants of the land

or building entered.

36. Officers of the Corporation may be vested with

other powers.— The State Government may, by

notification in the Official Gazette, nominate any

officer of the Corporation to be a controller or

licensing authority under any law for the time being

in force relating to the procurement or distribution

of any commodity in respect of the industrial

undertakings established or to be established in

the industrial estates or industrial areas entrusted

to or developed by the Corporation and no such

nomination shall be called into question merely on

the ground that such officer is not an officer of the

State Government.

37A. Declaration as industrial area.— (1) Notwith-

standing anything to the contrary contained in any

other law for the time being in force, the State

Government may, by notification in the Official

Gazette—

(a) declare an industrial area which is—

(i) earmarked as industrial estate; and

(ii) having adequate facilities in respect of

power, roads, water supply, to be notified

area;

(b) appoint the Corporation or any Officer or

Committee thereof for the purpose of the

assessment and recovery of any taxes when

imposed as per the provisions made thereof;

relating to local authorities providing for control

or erection of buildings, levy and collection of

taxes, fees and other dues to the local authority

which is in force in that area shall cease to apply

and thereupon such provisions shall cease to

apply thereof;

Provided that the Municipalities and

the Village Panchayats which were

receiving house tax from the occupants in the

industrial estates under their respective laws,

shall be compensated by the Government to

the extent of the last financial year’s collection

of taxes for such period as may be determined

by the Government which shall not be

less than five years.

“37B. Development of areas.— (1) Notwitstanding

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 37A

declaring an industrial area as a notified area, the

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State Government may by notification in the

Official Gazette, appoint a Committee consisting

of—

(i) the Managing Director of the Corporation—

Chairperson;

(ii) Under Secretary (Revenue) to the

Government of Goa— Member;

(iii) One member nominated by the

Corporation from amongst the Directors of the

Corporation having knowledge in the field of

engineering, architecture, industry, etc.—

Member;

(iv) an officer not below the rank of Deputy

Town Planner to be nominated by the

Government— Member Secretary;

(v) Chief General Manager (Engineering)/

General Manager (Engineering) of the Goa

Industrial Development Corporation— Member;

(vi) an officer to be nominated by the

Government— Member;

to decide and dispose of all applications for

land development, permissions, under all local

or special laws including Goa, Daman and Diu

Town and Country Planning Act, 1974 and

rules framed thereunder (hereinafter in this

section referred to as the “said Act”).”

(2) the committee shall discharge all the

functions of the Chiwf 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 development in an

Industrial area shall be governed by the regulations

framed by the Corporation.”

“(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.”

Provided that the Municipalities and the

Village Panchayats which were receiving house

tax from the occupants in the industrial estates

under their respective laws, shall be

compensated by the Government to the extent

of the last financial year’s collection of taxes for

such period as may be determined by the

Government which shall not be less than five

years.

(d) Make other provision as is necessary

for the purpose of the enforcement of

the provision so provided to that area.

(2) Before the publication of a notification under

sub-section (1), the Government shall cause to be

published in the Official Gazette and also in atleast

one newspaper published in a language other than

English and circulating in the area to be specified

in the notification, and inviting all persons who

entertain any objections to the said proposal to

submit the same in writing with reasons therefor to

the Government within two months from the date

of publication of the proclamation in the Official

Gazette.

(3) No such notification under sub-section (1)

shall be issued by the Government, unless the

objections, if any, so submitted under sub-section

(2) are in its opinion insufficient or invalid.

38. Recovery of sums due to the Corporation as

arrears of land revenue.— All sums payable by any

person to the Corporation or recoverable by it by or

under this Act and all charges or expenses incurred

in connection therewith shall, without prejudice

to any other mode of recovery, be recoverable as

arrears of land revenue on the application of the

Corporation.

39. Service of notices, etc.— (1) All Notices, orders

and other documents required by this Act or any

rule or regulation made thereunder to be served

upon any person shall, save as otherwise provided

in this Act or such rule or regulation be deemed to

be duly served—

(a) where the person to be served is a company,

the service is effected in accordance with the

provisions of section 51 of the Companies Act,

1956 (1 of 1956);

(b) where the person to be served is a firm, if

the document is addressed to the firm at its

principal place of business identifying it by the

name or style under which its business is carried

on, and is either—

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(i) sent under a certificate of posting or by

registered post, or

(ii) left at the said place of business;

public body or a corporation or a society or other

body, if the document is addressed to the

secretary, treasurer or other chief officer of that

body, corporation or society at its principal office

and is either—

(i) sent under a certificate of posting or by

registered post, or

(ii) left at that office;

(d) in any other case, if the document is

addressed to the person to be served and— (i) is

given or tendered to him, or

(ii) if such person cannot be found, is affixed

on some conspicuous part of his last known

place of residence or business or is given or

tendered to some adult member of his family

or is affixed on some conspicuous part of the

land or building to which it relates, or

(iii) is sent under a certificate of posting or

by registered post to that person.

(2) Any document which is required or

authorised to be served on the owner or occupier

of any land or building may be addressed to “the

owner” or “the occupier” as the case may be, of

that land or building (naming that land or building)

without further name or description, and shall be

deemed to be duly served—

(a) if the document so addressed is sent or

delivered in accordance with clause (d) of sub-

section (1); or

(b) if the document so addressed or a copy

thereof so addressed, is given or tendered to

some person on the land or building or, where

there is no person on the land or building to

whom it can be delivered, is affixed on some

conspicuous part of the land or building.

(3) Where a document is served on firm in

accordance with this section, the document shall

be deemed to be served on each partner.

(4) For the purpose of enabling any document to

be served on the owner of any property, the

occupier (if any) of the property may be required by

notice in writing by the State Government or the

Corporation as the case may be, to state the name

and address of the owner thereof.

40. Public notices how to be made known.— Every

public notice given under this Act or any rule or

regulation made thereunder shall be in writing over

the signature of the officer concerned and shall be

widely made known in the locality to be affected

thereby affixing copies thereof in conspicuous

public places, within the said locality, or

by publishing the same by beat of drum or by

advertisement in a local newspaper, or by any two

or more of these means, and by any other means

that the officer may think fit.

45. Dissolution of Corporation.—

(2) From the said date—

(b) all liabilities which are enforceable

against the Corporation shall be enforceable

against the Government.

46. Authority for prosecution.— Unless otherwise

expressly provided, no Court shall take cognisance

of any offence relating to property belonging to, or

vested by or under this Act in the Corporation,

punishable under this Act, except on the complaint

of, or upon information received from the

Corporation or some person authorised by the

Corporation by general or special order in this

behalf.

47. Composition of offences by Corporation.— (1)

The Corporation or any person authorised by the

Corporation by general or special order in this

behalf may, either before or after the institution of

the proceedings, compound any offence made

punishable by or under this Act.

48. Offence by companies.— (1) Whenever an

offence under this Act has been committed by a

company, every person who at the time the offence

was committed was in charge of, or was responsible

to the company for the conduct of, the business of

the company, as well as the company, shall be

deemed to be guilty of the offence and shall be

liable to be proceeded against and punished

accordingly:

Provided that, nothing contained in this sub-

section shall render any such person liable to any

punishment under this Act if he proves that the

offence was committed without his knowledge and

that he exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-

section (1) where an offence under this Act has

been committed by a company and it is proved that

the offence has been committed with the consent

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or connivance of, or is attributable to any neglect

on the part of, any director, manager, secretary or

other officer shall also be deemed to be guilty

of that offence and shall be liable to be proceeded

against and punished accordingly.

Explanation.— For the purposes of this section—

(a) “company” means any body corporate, and

includes a firm or other and association of

individuals; and

(b) “Director” in relation to a firm, means a

partner in the firm.

49. Penalty for obstruction.— (1) Any person who

obstructs the entry of a person authorised under

section 35 or any person with whom the Corporation

has entered into a contract in the performance and

execution by such person, to enter into or upon

any land or building or molests such person after

such entry or who obstructs the lawful exercise by

him of any power conferred by or under this

Act shall, on conviction by a competent court be

punished with fine which may extend to fifty

thousand rupees.

(2) If any person removes any mark setup for the

purpose of indicating any level, boundary line, or

direction necessary to the execution of works

authorised under this Act, he shall, on conviction

be punished with fine which may extend to fifty

thousand rupees.

51. Power to make regulations.— (1) The

Corporation may, with the previous approval of the

State Government, make regulations consistent with

this Act and the rules made thereunder to carry

out, the purposes of this Act, and without prejudice

to the generality of this power such regulations

may provide for:—

(e) under section 31, the committee of the

Corporation to hear appeals under that section

and the procedure to be followed by it;

52. Protection of action taken in good faith.— No

suit, prosecution or other legal proceedings shall

lie against any person for anything which is in

good faith done or intended to be done under this

Act or any rule or regulation made thereunder.

55. Act to have overriding effect.— The provisions

of this Act shall have effect notwithstanding

anything inconsistent therewith contained in the

Goa Municipalities Act, 1968 (Act 7 of 1969) and

the Goa Panchayat Raj Act, 1994 (Act No. 14 of

1994).

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