Panaji, 17th August, 2024 (Sravana 26, 1946)

SERIES I No. 20

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

991

SUPPLEMENT

No. 2

Goa Legislature Secretariat

___

LA/LEGN/2024/1395

The following bill which was intro-

duced in the Legislative Assembly of the

State of Goa on 1st August, 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 Investment Promotion and

Facilitation of Single Window

Clearance (Amendment) Bill, 2024

(Bill No. 28 of 2024)

BILL

to amend the Goa Investment Promotion

and Facilitation of Single Window

Clearance Act, 2021 (Goa Act 19 of

2021).

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 Investment

Promotion and Facilitation of Single Window

Clearance (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 2.— In section 2

of the Goa Investment Promotion and

Facilitation of Single Window Clearance Act,

2021 (Goa Act 19 of 2021) (hereinafter referred

to as the “principal Act”),—

(i) for clause (l), the following clause shall

be substituted, namely:—

“(l)“in principle approval” means a

general approval to an investment proposal

by the Board, for facilitation purposes only,

which shall be subject to clearances from

the concerned Competent Authorities under

the relevant State laws or the Planning,

Development and Construction Committee,

as the case may be;”;

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

shall be inserted, namely:—

“(x) “Special Project” means project

approved by the Goa Investment Promotion

and Facilitation Board with the plot area

requirement exceeding 3000 sq. mts.”.

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3. Amendment of section 4.— In section 4

of the principal Act, for clause (xii), the

following clause shall be substituted,

namely:—

“(xii) The Presidents/Chairpersons of,— (a)

Goa Chamber of Commerce and Industry

(GCCI), (b) the Goa State Industries

Association (GSIA), (c) Confederation of

Indian Industry, Goa State Council (CII),

(d) Travel and Tourism Association of Goa

(TTAG) and (e) Goa Technology Association

(GTA)— Five Members;”.

4. Amendment of section 5.— In section 5

of the principal Act,—

(i) in sub-section (1), the expression “,

which meet the criteria of investment value

not less than rupees five crore, excluding cost

of land” shall be omitted;

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

5. Amendment of section 13.— In section

13 of the principal Act, in clause (iv),—

(i) in sub-clause (a), the expression “with

respect to the criteria specified in sub-section

(1) of section 5 as also with reference to the

proposal referred by it under sub-section (2)

of section 5 to the Sub-Committee constituted

under section 17” shall be omitted;

(ii) in sub-clause (b), the words “such

other” shall be omitted;

(iii) for sub-clause (g), the following

sub-clause shall be substituted, namely:—

“(g) forward the application of the

investor, with respect to an area declared

as an Investment Promotion Area, to the

Planning, Development and Construction

Committee for decision and disposal in

terms of section 43;”.

6. Amendment of section 14.— In section

14 of the principal Act,—

(i) in sub-section (2), in the Explanation,

the expression “, grant, approve” shall be

omitted;

(ii) in sub-section (3), for the words “shall

be construed”, the words “may be

construed” shall be substituted;

(iii) in sub-section (5), for clause (f), the

following clause shall be substituted,

namely:—

“(f) review and monitor the functioning

of the Committees appointed to assist the

Board;”.

7. Insertion of new sections 14A and 14B.—

After section 14 of the principal Act, the

following new sections shall be inserted,

namely:—

“14A. Powers of Board to issue directions

to local authorities.— Notwithstanding

anything contained in any other State law

in force, or in any licence or permit, if the

Board is satisfied that the setting up of a

project by the Investor outside an

Investment Promotion Area is impeded by

a local authority’s refusal or delay to grant

or insistence on conditions which the Board

considers unreasonable for the grant of,

any amenity, the Board may direct the local

authority to grant the said amenity on such

conditions as it may consider fit; and

thereupon the amenity shall be granted.

Explanation:— For the purpose of this

section the term ‘amenity’ shall include

roads, supply of water or electricity, street

lighting, drainage, sewerage, conservancy

and such other convenience as the

Government may, by notification in the

Official Gazette, specify to be an amenity

for the purposes of this section.”.

14B. Powers of Board to issue directions

to the Goa Industrial Development

Corporation.—

(1)

Notwithstanding

anything contained in any other State law

for the time being in force, the Board may

direct the Goa Industrial Development

Corporation to allot land/plots to an

Applicant out of the quota allotted to special

projects as provided for in the Goa

Industrial Development Corporation

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(Allotment, Transfer and Sub-Lease)

Regulations, 2023 and if the setting up of a

project by the Investor outside an

Investment Promotion Area is impeded by

the Goa Industrial Development Corpora-

tion’s failure to formally allot a plot to the

investor within a period of 30 days from

the receipt of a direction to this effect from

the Board, the Board shall have the power

to call for, reasons of delay and may during

its meetings call for necessary information

and personal appearance of the concerned

person or officer. The Board after

conducting necessary enquiry may

recommend to the Government to take

appropriate disciplinary action against the

concerned person or officer who has failed

to allot the land within a period of 30 days

from the receipt of a direction to this effect,

if it is of the opinion that there was a wilful

default or wanton negligence in delaying

the allotment process.”.

8. Omission of chapters IV and V.—

Chapters IV and V of the principal Act shall

be omitted.

9. Amendment of section 37.— In section

37 of the principal Act,—

(i) in sub-section (2), for the words “such

other officers and servants”, the expression

“such other officers, staff, etc.” shall be

substituted;

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

sub-section shall be substituted, namely:—

“(3) The salaries, perks, allowances and

all other terms and conditions of service of

the officers and staff appointed under

sub-sections (1) and (2) shall be as

determined by regulations made by the

Board under this Act.”;

(iii) after sub-section (3), the following

sub-sections shall be inserted, namely:—

“(4) The Board may appoint officers on

contract, daily wages, temporary, adhoc,

officiating or on deputation and by transfer

from any Government Department.

(5) An officer on contract basis, daily

wages, temporary basis, adhoc basis,

officiating basis, may be terminated without

any notice by the Board, and an officer on

deputation

transfer

from

any

Government

Department

may

transferred back to the original Department

without any notice by the Board.”.

10. Amendment of section 38.— In section

38 of the principal Act,—

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

section shall be substituted, namely:—

“(4) The Board may refer any of the

application to the Committee appointed

under sub-clause (b) of clause (iv) of section

13 to assist the Board.”;

(ii) in sub-section (5), the expression “or

the Sub-Committee, as the case may be,” shall

be omitted;

(iii) for sub-section (6), the following sub-

section shall be substituted, namely:—

“(6) The Board, or the Committee

constituted to assist the Board, its members

or any of its authorised officials may inspect

the area prior to grant of in-principle

approval.”.

(iv) in sub-section (7), the words “or Sub-

Committee” shall be omitted;

(v) in sub-section (8), the words “or the

Sub-Committee” shall be omitted.

11. Amendment of section 39.— In section

39 of the principal Act, the expressions “or

the Sub-Committee,”, and “or the Sub-

Committee, as the case may be,”, wherever

they occur, shall be omitted.

12. Substitution of section 40.— For section

40 of the principal Act, the following section

shall be substituted, namely:—

“40. Combined Application Form.— The

Board may specify application form as

deemed fit by it notwithstanding a different

application form otherwise prescribed

under the relevant State laws and every

Competent Authority or person or officer

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shall accept such application form for

processing

and

issuing

required

clearance.”.

13. Amendment of section 42.— In section

42 of the principal Act,—

(i) in sub-section (1),—

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

shall be substituted, namely:—

“(b)

appoint

the

Planning,

Development

and

Construction

Committee or any other Committee or

Officer thereof for the purpose of the

assessment and recovery of any taxes

when imposed as per the rates notified

by the Government to that effect;”;

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

shall be substituted, namely:—

“(c) declare that the provisions of any

State law, subject to section 45 of this

Act, or any law relating to planning and

development, or change of land use or

conversion or providing for control or

erection of buildings or levy and

collection of fees, taxes and other dues

to the local authority which is in force in

such Investment Promotion Area shall

cease to apply and thereupon such

provisions shall cease to apply thereof:

Provided

that

the

Municipal

Corporation, Municipalities and the

Village Panchayats which were receiving

house tax, other taxes or fees from the

occupants in such Investment Promotion

Area under their respective laws, shall

be compensated by the Government to

the extent of the last financial year’s

collection of such house tax, other taxes

or fees for such period as may be

determined by the Government which

shall not be less than five years;”;

(ii) in sub-section (2), for the words “one

month”, the words “fifteen days” shall be

substituted.

14. Substitution of section 43.— For section

43 of the principal Act, the following section

shall be substituted, namely:—

“43. Constitution and Powers of the

Planning, Development and Construction

Committee.— (1) The Government may, by

notification in the Official Gazette,

constitute a Committee by the name,

Planning, Development and Construction

Committee consisting of,—

(i) Chief Secretary— Chairperson, ex-

officio;

(ii) Secretary (Industries)— ex-officio

Member;

(iii) Director, Directorate of Industries,

Trade and Commerce— ex-officio Member;

(iv) Chief Town Planner (Planning) or his

nominee not below the rank of the Deputy

Town Planner— ex-officio Member;

(v) Director, Directorate of Health

Services or his nominee not below the rank

of the Deputy Director— ex-officio Member;

(vi) Director of Fire and Emergency

Services or his nominee not below the rank

of Deputy Director— ex-officio Member;

(vii) Chief Inspector of Factories and

Boilers or his nominee not below the rank

of the Inspector— ex-officio Member;

(viii) Chief Electrical Engineer, Electricity

Department or his nominee not below the

rank of the Superintending Engineer— ex-

officio Member;

(ix) Principal Chief Engineer, Public

Works Department or his nominee not

below the rank of the Superintending

Engineer— ex-officio Member;

(x) Principal Chief Conservator of

Forests— ex-officio Member;

(xi) Member Secretary, Goa State

Pollution Control Board— ex-officio

Member;

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(xii) Member Secretary, Goa Coastal Zone

Management Authority — ex-officio

Member;

(xiii) District Collector, North Goa—

ex-officio Member;

(xiv) District Collector, South Goa—

ex-officio Member;

(xv) Chief Executive Officer of the

Board— Member Secretary.

(2) Notwithstanding anything to the

contrary contained in any other State law

for the time being in force, the Planning,

Development and Construction Committee

shall have the power to decide and dispose

of all applications under the Goa Land

Revenue Code, 1968 (Act 9 of 1969), the

Goa Town and Country Planning Act, 1974

(Act 21 of 1975), or the Goa (Regulation of

Land

Development

and

Building

Construction) Act, 2008 (Goa Act 6 of 2008)

and the rules and regulations framed

thereunder (hereinafter referred to as the

“said Acts”) with respect to any area

declared to be an Investment Promotion

Area under section 42.

(3) The Planning, Development and

Construction Committee with respect to

any area declared to be an Investment

Promotion Area under section 42, shall

discharge all the functions which would

ordinarily be discharged by the competent

authorities appointed under the relevant

State laws, including but not limited to the

functions of,—

(i) the Collector under the Goa Land

Revenue Code, 1968 (Act 9 of 1969);

(ii) the Chief Town Planner of the Town

and Country Planning Department, in a

non-planning area and of the Planning and

Development Authority in a planning area,

under the Goa Town and Country Planning

Act, 1974 (Act 21 of 1975);

(iii) the Competent Authority under the

Goa Land Development and Building

Construction Regulations, 2010;

(iv) Village Panchayat under the Goa

Panchayat Raj Act, 1994 (Goa Act 14 of

1994);

(v) the Chief Officer under the Goa

Municipalities Act, 1968 (Act No. 16 of

1968); and

(vi) the Commissioner under the City of

Panaji Corporation Act, 2002 (Goa Act 1 of

2003).

(4) The Planning, Development and

Construction Committee shall issue the

formal order/permission upon deciding on

an application under sub-section (2).

(5) The Planning, Development and

Construction Committee shall consider the

application under sub-section (2) in

accordance with the rules notified by the

Government of Goa, from time to time. The

said rules shall, in addition to other details,

include, the permissible FAR, FSI, setbacks

to be maintained, criteria for grant of

conversion sanad, Technical Clearance, etc.

(6) The Government shall, by Notification,

specify the fee to be imposed by the

Planning, Development and Construction

Committee for grant of license/permission

to the Applicant.”.

15. Insertion of new section 43A.— After

section 43 of the principal Act, the following

section shall be inserted, namely:—

“43A. Meetings of the Planning, Develop-

ment and Construction Committee.— (1)

The

Planning,

Development

and

Construction Committee shall meet at such

time and at such place as it may determine

and shall subject to the provisions of sub-

section (2) observe such rules of procedure

for transaction of its business as may be

determined by the Government from time

to time.

(2) A member who is directly or

indirectly concerned or interested in any

proposal or project proposed to be

developed on an Investment Promotion

Area, shall, at the earliest possible

opportunity, disclose the nature of his

interest to the Planning, Development and

Construction Committee when any

application pertaining to such proposal or

project is discussed.

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(3) The Chairperson of the Planning,

Development and Construction Committee

shall preside at all meetings of the

Planning, Development and Construction

Committee and in the absence of the

Chairperson, the members present shall

choose amongst themselves one of the

member present to preside over the

meeting.

(4) The quorum for meeting of the

Planning, Development and Construction

Committee shall be eight members.

(5) The Planning, Development and

Construction Committee may invite a

person or expert who is not a member of

the Board, as special invitee or co-opt any

person as an advisor for any meeting of

the

Planning,

Development

and

Construction Committee, except that a

person so co-opted shall have no right to

vote on any matter before the Planning,

Development and Construction Committee

for a decision.”.

16. Amendment of section 45.— In section

45 of the principal Act, the words “or

sub-committee” shall be omitted.

17. Substitution of section 46.— For section

46 of the principal Act, the following section

shall be substituted, namely:—

“46. Review of cases by the Board.— Not-

-withstanding anything contained in any

State law for the time being in force, the

Board may, either suo moto or on a

reference from any person, officer or

Competent Authority or an investor,

examine any order/direction passed by any

person, officer, Competent Authority or the

Planning, Development and Construction

Committee and pass appropriate orders as

it deems fit and such orders shall be final

and binding on the Planning, Development

and Construction Committee, such person,

officer, the Competent Authority or an

investor, as the case may be.”.

18. Amendment of section 49.— In section

49 of the principal Act, the expression “or

the Sub-Committee, as the case may be,” shall

be omitted.

19. Insertion of new section 49A.— After

section 49 of the principal Act, the following

section shall be inserted, namely:—

“49A. Action for contravention of

approvals and clearances.— In the event

any investor or any person acting on behalf

of the Investor attempts to alienate the area

declared as an Investment Promotion Area,

or any part thereof, or attempts to alienate

a stake in the project, or raises a project

different from the project that was approved

by the Board or constructs or uses the

Investment Promotion Area or the land

upon which the project is proposed to be

set up, in contravention of the order/

permission/clearance granted by the Board,

Planning, Development and Construction

Committee or by the Statutory Authorities,

as the case may be, the Board shall initiate

suitable action after giving Investor a

reasonable opportunity of being heard in

the matter.”.

20. Amendment of section 51.— In section

51 of the principal Act, the expressions “or

the Sub-Committee”, “or the Sub-Committee,

as the case may be” and “and the Sub-

Committee”, wherever they occur, shall be

omitted.

21. Amendment of section 53.— In section

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

clause (b) shall be omitted.

22. Amendment of section 54.— In section

54 of the principal Act, the words “or the

Sub-Committee”, wherever it occurs, shall be

omitted.

23. Amendment of section 55.— In section

55 of the principal Act, the words “and Sub-

Committee” and “or the Sub-Committee”

shall be omitted.

24. Amendment of section 56.— In section

56 of the principal Act, the words “or the

Sub-Committee” shall be omitted.

25. Amendment of section 58.— In section

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

words “or the Sub-Committee” shall be

omitted.

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Statement of Objects and Reasons

The Bill seeks to amend the Goa Investment

Promotion and Facilitation of Single Window

Clearance Act, 2021 (Goa Act 19 of 2021) so

as to strengthen the powers of the Goa

Investment Promotion and Facilitation Board

and to facilitate ease of doing business in the

State of Goa.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum regarding delegated

legislation

Clause 7 of the Bill empowers the

Government to issue notification for

specifying a convenience to be an amenity.

Clause 14 of the Bill seeks to empower the

Government to issue notification for

constituting Planning, Development and

Construction Committee and also for

specifying the fees to be imposed by the said

Committee for grant of licence/permission to

the applicant.

The clause 9 (ii) of the Bill empowers the

board to frame regulations in respect to

salaries, perks, allowances and all other

terms and conditions of service of the officers

and staff appointed under sub-sections (1)

and (2) of section 37.

Proposed sub-section (5) of section 43 of

Bill empowers the Government to frame rules

specifying the procedure to be followed by

the Planning, Development and Construction

Committee for grant of license/permission to

the applicant.

These delegations are of normal character.

Porvorim, Goa,

(SHRI MAUVIN GODINHO)

1st August, 2024.

Minister for Industry

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa,

Secretary to the Legislative

1st August, 2024.

Assembly.

Governor’s Recommendation under

Article 207 of the Constitution of India

In pursuance of Article 207 of Constitution

of India I, P. S. Sreedharan Pillai, the Governor

of Goa, hereby recommend the introduction

and consideration of the Goa Investment

Promotion and Facilitation of Single Window

Clearance (Amendment) Bill, 2024 by the

Legislative Assembly of Goa.

Place: Raj Bhavan

(P. S. SREEDHARAN PILLAI)

Dona Paula, Goa

Governor of Goa.

26th July, 2024.

_____

ANNEXURE

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

Extract of the Sections 2(l), 4(xii), 5(1), 5(2), 13(iv)(a),

13(iv)(b), 13(iv)(g), 14(2), 14(3), 14(5)(f), 17, 18, 19,

20, 21, 22, 23, 24, 25, 26, 27, 37(2), 37(3), 38(4), 38(5),

38(6), 38(7), 38(8), 39(2), 39(3), 39(4), 40, 42(1)(b),

42(1)(c), 42(2), 43, 45, 46, 49, 51, 53(2)(b), 54, 55, 56

and 58 of “The Goa Investment Promotion and

Facilitation of Single Window Clearance Act, 2021”,

proposed for amendments.

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

CHAPTER I

Preliminary

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

otherwise requires,—

(l) “in principle approval” means a general

approval to an investment proposal by the Board

for facilitation purposes only which shall be

subject to clearances from the concerned

Competent Authorities under the relevant State

laws;

CHAPTER II

Establishment and Constitution of the Board

4. Constitution.— The Board shall consist of,—

(xii) Five members to be nominated amongst

which each by the Goa Chamber of Commerce and

Industry (GCCI), the Goa State Industries

Association (GSIA), Confederation of Indian

Industry (CII) Goa, Travel and Tourism Association

of Goa (TTAG) and Goa Technology Association

(GTA) - Members;

5. Jurisdiction of the Board.— (1) The Board

shall be a single point contact authority for all

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investments made in the State except the

investments which have been prohibited by the

Government through a notification, which meet the

criteria of investment value not less than rupees

five crore, excluding cost of land.

(2) Projects which have investment value less

than rupees five crore may be entertained by the

Board and the Board may refer such proposal to the

Sub-Committee constituted under section 17.

CHAPTER III

Functions and Powers of the Board

13. Functions of the Board.— The functions of the

Board shall be,—

(iv) in particular and without prejudice to the

generality of the foregoing functions, to perform

all or any of the following functions, namely:—

(a) approve, reject, review, cancel or revoke

any investment proposal with respect to the

criteria specified in sub-section (1) of section

5 as also with reference to the proposal

referred by it under sub-section (2) of section

5 to the Sub-Committee constituted under

section 17;

(b) appoint such other committees to assist

the Board in the performance of its functions;

(g) pursuant to grant of in principle

approval, examine and review any decision

taken by any Competent Authority under

the relevant State law;

14. General Powers of the Board.—

(2) Notwithstanding anything contained in any

other State law but subject to the provisions of this

Act, the Board, with the previous sanction of the

Government may, in exercise of its powers and

performance of its functions under this Act, issue

directions in writing to any person, officer or any

Competent Authority under the relevant State law

and such person, officer or Competent Authority

shall be bound to comply with such directions.

Explanation: The power to issue directions under

this sub-section shall be limited to a person, officer

or Competent Authority in the State and it shall

include power to direct to consider, grant, approve

a particular project with such conditions as the

Board may deem fit and proper in the nature and

circumstances of the case.

(3) Notwithstanding anything contained in any

other State law, the Board shall, in case any person,

officer or Competent Authority under the State law

fails to process and dispose of application within

the time limit specified under sub-section (1) of

section 39, have the power to consider and dispose

of such application under any such State law and

for this purpose, reference to the person, officer or

Competent Authority in such State law shall be

construed as reference to the Board:

Provided that where the Board is unable to meet

or otherwise unable to consider the application

immediately, the Chairperson of the Board may, for

reasons to be recorded in writing, decide the

application and report the action taken to the Board

in its next meeting and the decision of the

Chairperson, on such application shall for all

purposes deemed to be the decision of the Board

under this sub-section.

(5) The Board shall have power to,-

(f) review and monitor the disposal of

applications by the Sub-Committee;

CHAPTER IV

Establishment and Constitution of the Sub-

-Committee

17. Constitution of the Sub-Committee.— The

Government may, by notification in the Official

Gazette, constitute a Sub-Committee consisting of,-

(i) Minister for Industries— Chairperson.

(ii) Secretary (Industries) or his nominee—

member.

(iii) Secretary (Environment) or his nominee—

member.

(iv) Secretary (Town and Country Planning) or

his nominee— member.

(v) All the members of the Board nominated

under clause (xii) of section 4— members.

(vi) Chief Executive Officer of the Board—

Member Secretary.

18. Jurisdiction of the Sub-Committee.— The Sub-

Committee shall have the power to decide the

proposals referred to it by the Board under sub-

section (2) of section 5.

19. Disqualification of Members of the Sub-

Committee.— A person shall be disqualified for

being nominated as a member of the Sub-

Committee, if he,—

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(a) is an employee of the Board, not being the

Chief Executive Officer; or

(b) is of unsound mind and stands so declared by

a competent court; or

(d) is convicted of an offence involving moral

turpitude within a period of five years immediately

before he being nominated/appointed as the

Chairperson or the Member of the Sub-Committee.

20. Term of office and conditions of service of the

members of the Sub-Committee.— The Chairperson

or a member shall hold office of the Sub-Committee

as long as he is a Vice-Chairperson or member of

the Board, as the case may be, or till the appointment

is terminated by the Board.

21. Meetings of the Sub-Committee.— (1) The Sub-

Committee shall meet at such time and at such

place as it may determine and shall subject to the

provisions of sub-section (2) observe such rules or

procedure for transaction of its business as may be

provided by regulations made under this Act.

However, the Sub-Committee shall meet at least

once a month.

(2) A member who is directly or indirectly

concerned or interested in any proposal,

arrangement, subsidy etc., shall, at the earliest

possible opportunity, disclose the nature of his

interest to the Sub-Committee when any such

proposal is discussed.

(3) The Chairperson of the Sub-Committee shall

preside at all meetings of the Sub-Committee and

in the absence of the Chairperson, the members

present shall choose the presiding officer to preside

over the meeting.

(4) The quorum for meeting of the Sub-Committee

shall be six members.

(5) The Sub-Committee may invite a person or

expert who is not a member of the Board, as special

invitee or co-opt any person as an advisor for any

meeting of the Sub-Committee, except that a person

so co-opted shall have no right to vote on any matter

before the Sub-Committee for a decision.

22. Cessation of Member of the Sub-Committee.—

(1) If a member,—

(a) becomes subject to any of the

disqualifications mentioned in section 19, or

(b) tenders his resignation in writing to, and

such resignation is accepted by, the Government;

permission, for three consecutive meetings of the

Sub-Committee; or

(d) is convicted of an offence involving moral

turpitude,

he shall cease to be a member of the Sub-

Committee.

(2) The Board may, by an order, suspend or remove

any member from his office on the ground of proved

misbehaviour, incapacity or misuse of position:

Provided that a member shall not be suspended

or removed unless he has been given a reasonable

opportunity of being heard.

23. Vacancies of the Sub-Committee how to be

filled.— Any vacancy of a member of the Sub-

Committee shall be filled as early as practicable, in

the like manner as if the appointment/nomination

was being made originally.

24. Temporary absence of members of Sub-

Committee.— If the Chairperson or any other

member of the Sub-Committee is by reason of illness

or otherwise rendered temporarily incapable of

carrying out his duties, or is granted leave of

absence by the Government, or is otherwise unable

to attend his duties in the circumstances not

involving the cessation of his membership, the

Government may appoint/nominate another person

to act for him and carry out his duties and functions

under this Act. Such person shall vacate office on

the date when the member for whom he is acting

resumes his duties:

Provided that in case of members specified in

clause (v) of section 17, such temporary

appointment shall be done only after receipt of

nomination from the respective bodies.

25. Proceeding of the sub-committee presumed to

be good and valid.— No disqualification of or defect

in the appointment/nomination of any person

acting as the Chairperson or a member of the Sub-

Committee shall vitiate any act or proceedings of

the Sub-Committee, if such act or proceeding is

otherwise in accordance with the provisions of this

Act.

CHAPTER V

Functions and Powers of the Sub-Committee

26. Functions of the Sub-Committee.— The

functions of the Sub-Committee shall be,—

(i) to decide on any matters related to the

approved projects including but not limited to

name change, address change, change in

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constitution or shareholding, review, cancellation

and revocation of proposals referred to it by the

Board, subject to ratification of the decision by

the Board;

(ii) to evaluate investment proposals referred

to it by the Board;

(iii) in particular and without prejudice to the

generality of the provisions of clause (i) to,-

(a) forward the application of the investor

within its jurisdiction, to the concerned person,

officer or Competent Authority for processing

and disposal;

(b) monitor the status of the applications;

decision taken by any person, officer or

Competent Authority with respect to the

proposal within the jurisdiction of the Sub-

Committee.

27. Powers of the Sub-Committee.— (1)

Notwithstanding anything contained in any other

State law but subject to the provisions of this Act,

the Sub-Committee, with the previous sanction of

the Government may, in exercise of its powers and

performance of its functions under this Act, issue

directions in writing to any person, officer or any

Competent Authority and such person, officer or

Competent Authority shall be bound to comply with

such directions.

Explanation: The power to issue direction under

this sub-section shall be limited to a person, officer

or Competent Authority in the State and it shall

include power to direct to consider, grant, approve

a particular project with such conditions as the

Sub-Committee may deem fit and proper in the

nature and circumstances of the case.

(2) The Sub-Committee shall have the power to,-

(a) review and monitor the processing of

applications by any person, officer or Competent

Authority;

(b) direct any person, officer or Competent

Authority for taking decision on applications

pending beyond the time limit stipulated in sub-

section (1) of section 39.

(3) Notwithstanding anything contained in any

State law and subject to the provisions of this Act,

the Sub-Committee shall in case any person, officer

or the Competent Authority fails to process and

dispose of any application within the time limit

stipulated under sub-section (1) of section 39, place

the respective case before the Board to consider

and dispose of application for permission in terms

of sub-section (3) of section 14.

CHAPTER VII

Officers and Employees of the Board

37. Officers and Employees of the Board.—

(2) The Board may appoint, such other officers

and servants sub-ordinate to the officer mentioned

in sub-section (1), as it considers necessary for

efficient performance of its duties and functions.

(3) The conditions of appointment and service of

the officers and servants of the Board and their

scales of pay shall be such as may be determined

by regulations made under this Act.

CHAPTER VIII

Application to the Board

38. Application for clearance.—

(4) The Board may refer any of the application

to the Sub-Committee.

(5) The Board or the Sub-Committee, as the

case may be, may get the project evaluated

prior to grant of in principle approval.

(6) The Board, Sub-Committee, its members or

any of its authorised officials may inspect the

area prior to grant of in principle approval.

(7) The Board or Sub-Committee may obtain

any additional information or documents from

the applicant or the Competent Authority.

(8) After grant of in principle approval, the

application shall be forwarded by the Board or

the Sub-Committee to the concerned person or

officer or Competent Authority for processing

and disposal within the time limit specified in

sub-section (1) of section 39.

39. Time limit for processing of applications and

issue of clearances.—

(2) On receipt of an application, the person,

officer or Competent Authority, may through the

Board or the Sub-Committee, obtain further

additional information from the applicant as

required, at any time before the expiry of the

period stipulated for the disposal of such

application with an advance copy of the same to

the applicant:

Provided that the person, officer or Competent

Authority shall strictly ensure that all the queries

are raised together with a single letter and no

query is raised separately causing delay in

clearance.

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(3) The applicant shall furnish the required

information as expeditiously as possible to the

Board or the Sub-Committee, as the case may be,

with a copy to the concerned person or officer or

Competent Authority simultaneously.

(4) The concerned person, officer or Competent

Authority shall send its order sanctioning or

rejecting the application, to the Board or the Sub-

Committee, as the case may be, so that the

application is disposed within the time limit

specified in sub-section (1).

40. Combined Application Form.— The Board may

specify such application form as deemed fit by it

and every Competent Authority or person or officer

shall accept such application form for processing

and issuing required clearance.

CHAPTER IX

Supplementary and Miscellaneous Provisions

42. Declaration of Investment Promotion Area.—

(1) Notwithstanding anything to the contrary

contained in any other State law for the time being

in force, the Government may, by notification in the

Official Gazette,-

(b) appoint the Board or Sub-Committee or

any other committee or Officer 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 such Investment Promotion

Area shall cease to apply and thereupon such

provisions shall cease to apply thereof:

Provided that the Municipal Corporation,

Municipalities and the Village Panchayats which

were receiving house tax, other taxes or fees

from the occupants in such Investment Promotion

Area under their respective laws, shall be

compensated by the Government to the extent

of the last financial year’s collection of such

house tax, other taxes or fees for such period as

may be determined by the Government which

shall not be less than five years;

(2) Before publication of a notification under sub-

section (1), the Government shall cause to be

published in the Official Gazette and also in at

least one newspaper published in a language other

than English and circulating in the area to be

specified in the notification, inviting all persons

who entertain any objections to the said proposal

to submit the same in writing with reasons therefor

to the Government within one month from the date

of publication of the proclamation in the Official

Gazette.

43. Development of areas.— (1) Notwithstanding

anything to the contrary contained in any other

State law for the time being in force, once a

notification is issued under clause (a) of sub-section

(1) of section 42 declaring any area to be an

Investment Promotion Area, the Government may,

by notification in the Official Gazette, appoint a

Planning, Development and Construction

Committee consisting of the following members,

namely:—

(i) Chief Secretary— Chairperson;

(ii) Secretary (Industries)— Member;

(iii) Director, Directorate of Industries, Trade

and Commerce— Member;

(iv) Chief Town Planner (Planning) or his

nominee not below the rank of the Deputy Town

Planner— Member;

(v) Director, Directorate of Health Services or

his nominee not below the rank of the Deputy

Director— Member;

(vi) Director of Fire and Emergency Service or

his nominee not below the rank of Deputy

Director— Member;

(vii) Chief Inspector of Factories and Boilers or

his nominee not below the rank of the Inspector—

Member;

(viii) Chief Electrical Engineer, Electricity

Department or his nominee not below the rank

of the Superintending Engineer— Member;

(ix) Principal Chief Engineer, Public Works

Department or his nominee not below the rank

of the Superintending Engineer— Member;

(x) Principal Chief Conservator of Forests—

Member;

(xi) Member Secretary, Goa State Pollution

Control Board— Member;

(xii) Member Secretary, Goa Coastal Zone

Management Authority— Member;

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(xiii) District Collector, North Goa— Member;

(xiv) District Collector, South Goa— Member;

(xv) Chief Executive Officer of the Board—

Member Secretary,

to decide and dispose of all applications for

change of land use/conversion, land development

and building construction under the Goa Land

Revenue Code, 1968 (Act 9 of 1969), the Goa,

Daman and Diu Town and Country Planning Act,

1974 (Act 21 of 1975), the Goa (Regulation of

Land Development and Building Construction)

Act, 2008 (Goa Act 6 of 2008) and the rules and

regulations framed thereunder (hereinafter

referred to as the “said Acts”).

(2) The Planning, Development and Construction

Committee shall discharge all the functions of,—

(i) the Collector under the Goa Land Revenue

Code, 1968 (Act 9 of 1969);

(ii) the Chief Town Planner of the Town and

Country Planning Department, in a non-planning

area and the Planning and Development

Authority in a planning area, under the Goa,

Daman and Diu Town and Country Planning Act,

1974 (Act 21 of 1975); and

(iii) the Competent Authority under the Goa

Land Development and Building Construction

Regulations, 2010.

(3) The Planning, Development and Construction

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 relevant

Act as in force.

45. Restrictions of development on certain

lands.— The Board or sub-committee shall not

recommend following lands for the purpose of

setting up of project or for investment promotion

under this Act, namely:—

(a) a khazan land and low-lying paddy field

except for the purpose of activities as permissible

thereon;

(b) sloping or non-developable slope land with

the gradient of more than 25%;

sanctuaries except for the purpose of activities

as permissible thereon under the Wildlife

Protection Act, 1972 (Central Act 53 of 1972);

(d) land covered under the Coastal Regulatory

Zone except the project which has prior approval

or clearance of Goa Coastal Zone Management

Authority;

(e) lands earmarked as open spaces under the

Goa, Daman and Diu Town and Country Planning

Act, 1974 (Act 21 of 1975);

(f) land under dispute where any court,

tribunal, or any statutory authority has passed

any injunction or granted any status quo or

prohibitory orders;

(g) Tenanted agricultural land except for

agricultural activities carried out by tenant/

deemed purchaser.

46. Review of cases by the Board.—

Notwithstanding anything contained in any State

law for the time being in force, the Board may,

either suo moto or on a reference from any person,

officer or Competent Authority or an investor,

examine any order passed by the Sub-Committee

and pass appropriate orders as it deems fit and

such orders shall be final and binding on the

Sub-Committee and on such person, officer or the

Competent Authority or an investor.

49. Penalty.— Any investor who submits false

information or fails to comply with the conditions

or undertaking in the Declaration given to the Board

or the Sub-Committee, as the case may be, shall be

liable for a penalty not less than 2% but not

exceeding 10%, of the investment value specified

by the investor, to be imposed by the Board. The

decision of the Board in this regard shall be final

and binding upon the investor.

51. Default in performance of duty.— (1) If the

Government is satisfied that the Board or the

Sub-Committee has made a default in performing

any duty or obligation imposed or cast on it by or

under this Act, the Government may fix a period for

the performance of that duty or obligation by giving

notice to the Board or the Sub-Committee, as the

case may be.

(2) If, in the opinion of the Government, the Board

or the Sub-Committee fails or neglects to perform

such duty or obligation within the period so fixed

for its performance it shall be lawful for the

Government to dissolve and re-constitute the Board

or the Sub-Committee.

(3) After dissolution of the Board or the

Sub-Committee and until it is reconstituted, the

powers, duties and functions of the Board and the

Sub-Committee under this Act shall be carried on

by the Government or by such officer or officers or

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committee of officers as may be appointed by the

Government and all properties vested in the Board

shall, during such period, vest in the Government.

53. Power of Board to make regulations.—

(2) In particular and without prejudice to the

generality of foregoing power, such regulations may

provide for all or any of the matters, namely:—

(b) rules and procedure for transaction of

business of the Sub-Committee under sub-section

(1) of section 21;

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

suit, prosecution or other legal proceedings shall

lie against the Government or any officer or any

employee of the Government or the Board or the

Sub-Committee constituted under this Act or any

member, officer, or other employee of the Board or

the Sub-Committee in respect of anything which is

done or intended to be done in good faith in

pursuance of this Act or the rules or the regulations

made or orders or directions issued thereunder.

55. Members, officers and employees of the Board

or the Sub-Committee, constituted under this Act to

be public servants.— All the members of the Board

and Sub-Committee constituted under this Act and

all officers and other employees of the Board or the

Sub-Committee when acting or purporting to be

acting in pursuance of any provisions of this Act or

the rules and regulations made or orders or

directions

issued

thereunder

shall

be deemed to be public servants within the

meaning of section 21 of the Indian Penal Code,

1860 (45 of 1860).

56. Bar of jurisdiction of courts.— No Court shall

entertain any suit, application or other proceeding

in respect of anything done, action taken, or order

or direction issued by the Government or the Board

or the Sub-Committee or any officer in pursuance of

any power conferred by or in relation to their

functions under this Act.

58. Inspection and Assistance from Authorities.— (1)

Every Competent Authority, public servant and

officer of all the departments of the Government

shall render such help and assistance and furnish

such information to the Board as it may require for

the discharge of its functions and shall make

available to the Board or the Sub-Committee for

inspection and examination such records, maps,

plans and other documents as may be necessary for

the discharge of its functions.

LA/LEGN/2024/1396

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 1st August, 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 Municipalities (Amendment)

Bill, 2024

(Bill No. 29 of 2024)

BILL

further to amend the Goa Municipalities Act,

1968 (Act 7 of 1969).

BE it enacted by the Legislative Assembly

of Goa in the Seventy–fifth Year of the

Republic of India as follows:—

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

Act may be called the Goa Municipalities

(Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 22.— In section

22 of the Goa Municipalities Act, 1968 (Act 7

of 1969) (hereinafter referred to as the

“principal Act”), in sub-section (7), for the

expression “sections 480 and 482 of the Code

of Criminal Procedure, 1898 (V of 1889)”, the

expression “sections 384 and 385 of the

Bharatiya Nagarik Suraksha Sanhita, 2023

(Central Act No. 46 of 2023)” shall be

substituted.

3. Amendment of section 51.— In section

51 of the principal Act, in sub-section (5), in

clause (a), for the expression “Chapter XXV

of the Code of Criminal Procedure, 1973,

(Central Act 2 of 1974)”, the expression

“Chapter XXVII of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (Central Act No. 46 of

2023)” shall be substituted.

4. Amendment of section 91.— In section

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

the expression “section 168 of the Indian

Penal Code (XLV of 1860)” the expression

“section 202 of the Bharatiya Nyaya Sanhita,

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

substituted.

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5. Amendment of section 184 C.— In

section 184 C of the principal Act, in sub-

section (7),-

(i) for the expression “sections 193 and 228

and for the purpose of section 196 of the

Indian Penal Code (Central Act 45 of 1860)”,

the expression “sections 229 and 267 and for

the purpose of section 233 of the Bharatiya

Nyaya Sanhita, 2023 (Central Act No. 45 of

2023)” shall be substituted;

(ii) for the expression “section 195 and

Chapter XXVI of the Code of Criminal

Procedure 1973 (Central Act 2 of 1974)”, the

expression “section 215 and Chapter XXVIII

of the Bharatiya Nagarik Suraksha Sanhita,

2023 (Central Act 46 of 2024)” shall be

substituted.

6. Amendment of section 184 D.— In

section 184 D of the principal Act, for the

word “Government”, wherever it occurs, the

word “High Court” shall be substituted.

7. Amendment of section 184 F.— In section

184F of the principal Act, for the expression

“prepare every year”, the expression

“prepare by the 31st day of January of every

year” shall be substituted.

8. Amendment of section 210.— In section

210 of the principal Act, in sub-section (5),

for the expression “section 277 of the Indian

Penal Code XLV of 1860”, the expression

“section 279 of the Bharatiya Nyaya Sanhita,

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

substituted.

9. Amendment of section 248.— In section

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

clause (j), for the expression “section 176 of

the Code of Criminal Procedure, 1898 (V of

1898)”, the expression “section 196 of the

Bharatiya Nagarik Suraksha Sanhita, 2023

(Central Act No. 46 of 2023)” shall be

substituted.

10. Amendment of section 281.— In section

281 of the principal Act, in sub-section (4),

for the expression “section 257 of the Code of

Criminal Procedure, 1973 (Central Act 2 of

1974)”, the expression “section 280 of the

Bharatiya Nagarik Suraksha Sanhita, 2023

(Central Act No. 46 of 2023)” shall be

substituted.

11. Amendment of section 287.— In section

287 of the principal Act, for the expression

“within the meaning of section 21 of the

Indian Penal Code XLV of 1860”, the

expression “as defined in clause (28) of

section 2 of the Bharatiya Nyaya Sanhita, 2023

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

substituted.

12. Amendment of section 290 A.— In

section 290A of the principal Act,—

(i) for the expression “The Code of Criminal

Procedure, 1973 (Central Act 2 of 1974)”, the

expression “The Bharatiya Nagarik Suraksha

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

shall be substituted;

(ii) for the expression “section 42 of that

Code”, the expression “section 39 of the

Bharatiya Nagarik Suraksha Sanhita, 2023

(Central Act 46 of 2023)” shall be substituted.

13. Amendment of section 296.— In section

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

for the expression “sections 480 and 482 of

the Code of Criminal Procedure, 1898 (V of

1898)”, the expression “sections 384 and 385

of the Bharatiya Nagarik Suraksha Sanhita,

2023 (Central Act No. 46 of 2023)” shall be

substituted.

14. Amendment of section 321.— In section

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

clause (b), for the expression “Chapter VII of

the Code of Criminal Procedure, 1973 (Central

Act 2 of 1974”, the expression “Chapter VII

of the Bharatiya Nagarik Suraksha Sanhita,

2023 (Central Act No. 46 of 2023)” shall be

substituted.

Statement of Objects and Reasons

In view of repeal of the Indian Penal Code,

1860 (45 of 1860), the Code of Criminal

Procedure, 1973 (2 of 1974) and the Code of

Criminal Procedure, 1898 (V of 1898) and

enactment of the Bharatiya Nyaya Sanhita,

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2023 (Central Act No. 46 of 2023) and the

Bharatiya Nagarik Suraksha Sanhita, 2023 (46

of 2023), the Bill seeks to carry out

consequential amendments to sections 22,

section 51, section 91, section 184C, section

210, section 248, section 281, section 287,

section 290A, section 296 and section 321 of

the Goa Municipalities Act, 1968 (Goa Act 7 of

1969).

The Bill seeks to amend section 184D of

the Goa Municipalities Act, 1968 (Goa Act 7

of 1969) so as to substitute the word

“Government” with the word “High Court”

inorder to make provision for judicial review

of the decision of the Appellate Authority.

The Bill seek to amend section 184 F of the

Goa Municipalities Act, 1968 (Goa Act 7 of

1969) so as to prescribe a date of submission

of development plan to the District Planning

Committee to comply with the directives

issued by the Hon’ble High Court of Bombay

at Goa in judgement dated 12-2-2020 passed

in IPL W.P. No. 6 of 2018.

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.

(VISHWAJIT P. RANE)

26th July, 2024.

Minister for Urban

Development

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa.

Secretary to the Legislative

26th July, 2024.

Assembly of Goa

ANNEXURE

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Extracts of the Goa Municipalities Act, 1968

(Act 7 of 1969)

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

22. Disputes in respect of election, of Councillors.—

(1) No election, of a Councillor may be called in

question, except by a petition presented to the

District Court by a candidate at the election or by

any person entitled to vote at the election, within

ten days after the publication of the names of the

Councillors in the Official Gazette under section

20, as the case may be.

(2) Any such petition— (a) shall contain a

concise statement of the material facts on which

the petitioner relies,

(b) shall, with sufficient particulars, set forth the

ground or grounds on which the election, is called

in question, and

in the manner laid down in the Code of Civil

Procedure, 1908, for the verification of pleadings. V

of 1908.

(3) A petitioner may claim all or any one of the

following declarations, namely:— (a) that the

election of all or any of the returned candidates is

void; or

(b) that the election of all or any of the returned

candidates is void and that he himself or any other

candidate has been duly elected; or

(4) A petitioner shall join as respondents to his

petition— (a) where the petitioner claims a

declaration under clause (a) of sub-section (3), the

returned candidate or candidates in respect of

whom such declaration is claimed;

(b) where the petitioner claims a declaration

under clause (b) of sub-section (3), all the contesting

candidates other than the petitioner;

of any corrupt or illegal practice are made in the

petition; Explanation:— The expression “returned

candidate” means a candidate whose name has

been published in the Official Gazette under section

20.

(5) Such petition shall be inquired into and

disposed of by the District Judge or by any Judge

not lower in rank than a Civil Judge Senior Division

to whom the case or such cases generally may be

referred to by the District Judge.

(6) All petitions under sub-section (1), in which

the validity of the election of the same Councillor

elected to represent the same ward is in question

shall be heard together.

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(7) For the trial of such petition, the Judge shall

have all the powers of a civil court including powers

in respect of the following matters, namely:—

(a) discovery and inspection;

(b) enforcing the attendance of witnesses, and

requiring the deposit of their expenses;

(d) examining witnesses on oath;

(e) granting adjournments;

(f) reception of evidence on affidavit; and

(g) issuing commissions for the examination

of witnesses;

and the Judge may summon and examine suo

motu any person whose evidence appears to him to

be material. The Judge shall be deemed to be a

Civil Court within the meaning of sections 480 and

482 of the Code of Criminal Procedure, 1898.

(8) Notwithstanding anything contained in the

Code of Civil Procedure, 1908, the Judge shall not

permit— V of 1908.

(a) any application to be compromised or

withdrawn, or

(b) any person to alter or amend any pleading,

unless he is satisfied that such application for

compromise or withdrawal or the application for

such alteration or amendment is bona fide and

not collusive.

(9) The Judge, after such inquiry as he deems

necessary, may pass suitable order and his order

shall be conclusive.

(10) If the petitioner has, in addition to calling in

question the election of the returned candidate,

claimed a declaration that he himself or any other

candidate has been duly elected and the Judge is

satisfied that—

(a) the petitioner or such other candidate

received sufficient number of valid votes to have

been elected; or

(b) but for the votes obtained by the returned

candidate by corrupt practices the petitioner or

such other candidate would have obtained a

sufficient number of valid votes to have been

elected,

The Judge may, after declaring the election of

the returned candidate void, declare the

petitioner or such other candidate to have been

duly elected: Provided that—

(i) for the purpose of such computation, no

vote shall be reckoned as valid if the Judge

finds that any corrupt practice was committed

by any person known or unknown in giving or

obtaining it;

(ii) after such computation, if any equality

of vote is found to exist between any

candidates and the addition of one vote would

entitle any of the candidates to be declared

elected, one additional vote shall be added to

the total number of valid votes found to have

been recorded in favour of the candidate,

selected by lot drawn in the presence of the

Judge in such manner as he may determine.

(11) Where any charge is made in the petition

of any corrupt practice, the Judge shall make an

order recording the names of all persons including

any candidates, if any, who have been proved at

the trial to have been guilty of any corrupt practice

and the nature of that practice and may disqualify

any such person for becoming a Councillor or a

Councillor or member of any other local authority

for such period not exceeding six years but not less

than two years from the date of the order, as the

Judge may specify in the order:

Provided that no person shall be named in such

order unless— (a) he has been given notice to

appear before the Judge and to show cause why he

should not be so named; and

(b) if he appears in pursuance of the notice, he

has been given an opportunity of cross-examining

any witness who has already been examined by

the Judge and has given evidence against him, of

calling evidence in his defence and of being heard.

(12) If the Judge sets aside the election of a

candidate on the ground that a corrupt practice

has been committed by the returned candidate or

his election agent or by any other person with the

consent of the candidate or his election agent and

if such candidate’s name has not been included in

any order made under sub-section (11), the Judge

shall declare such candidate disqualified for

becoming a Councillor or a Councillor or member of

any other local authority for such period not

exceeding six years but not less than two years

from the date of the order, as the Judge may specify

in the order.

(13) The Judge may also make an order fixing

the total amount of costs payable and specifying

the person by and to whom costs shall be paid.

Such costs shall be recoverable as if they had been

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awarded in a suit under the Code of Civil Procedure,

1908. V of 1908.

(5) Corrupt practices and other electoral

offences.

51. Duties and functions of the Council.— (1)

Except as otherwise provided in this Act, [the

administration of municipal area] shall vest in the

Council.

(2) In addition to the duties imposed upon it by

or under this Act or any other law for the time

being in force, unless the Government otherwise

directs it shall be the duty, of every Council to

undertake and to make reasonable provision for the

following matters within the limits of the municipal

area, and when effective measures cannot otherwise

be made then even outside the said limits, namely:—

(a) lighting public streets, places and

buildings;

(b) watering public streets, and places;

and all spaces, not being private property, which

are open to the enjoyment of the public, whether

such spaces are vested in the Council or not;

removing noxious vegetation; and abating all

public nuisances;

(d) extinguishing fires, and protecting life and

property when fires occur;

(e) regulating or abating offensive or

dangerous trades or practices;

(f) removing obstructions and projections in

public streets or places and, in spaces, not being

private property, which are open to the

enjoyment of the public, whether (g) securing or

removing dangerous buildings or places and

reclaiming unhealthy localities;

(h) acquiring and maintaining, changing; and

regulating places for the disposal of the dead;

(i) constructing, altering and maintaining

public streets, culverts, municipal boundary

marks, markets, slaughter-houses, latrines,

privies, urinals, drains, sewers, drainage-works,

sewerage works, baths, washing places, drinking

fountains, tanks, wells, dams and the like;

(j) obtaining a supply or an additional supply

of water, proper and sufficient for preventing

danger to the health of the inhabitants from the

insufficiency or unwholesomeness of the existing

supply, when such supply or additional supply

can be obtained at a reasonable cost;

(k) naming streets and numbering of premises;

(l) public vaccination;

(m) suitable accommodation for any calves,

cows or buffaloes required within the municipal

area for the supply of animal lymph;

(n) printing such annual reports on the

municipal administration of the municipal area

as the Government by general or special orders

requires the Council to submit;

(o) erecting substantial boundary marks of

such description and in such position as shall be

approved by the, defining the limits, or any

alteration in the limits of the municipal area;

(p) disposing of night-soil and rubbish and if

so required by the Government, preparation of

compost manure, from such night-soil and

rubbish;

(q) providing special medical aid and

accommodation for the sick in time of dangerous

or communicable disease and taking such

measures as may be required to prevent the

outbreak or to suppress and prevent the

recurrence of such disease;

(r) giving relief and establishing and

maintaining relief works in time of scarcity or for

destitute persons within the limits of the

municipal area;

(s) imposing compulsory taxes which are

specified in section, 101;

(t) establishing and maintaining public

dispensaries, and providing public medical relief

and organising Family Planning Centres;

(u) establishing and maintaining primary

schools.

(3) A Council may, at its discretion, provide,

either wholly or partly, out of the municipal property

and funds for—

(a) laying out, whether in areas previously built

upon or not, new public streets, and acquiring

the land for that purpose, and the land required

for the construction of buildings or curtilages

thereof to abut on such streets;

(b) establishing or maintaining public

hospitals, institutions for pre-primary and

secondary education, libraries, museums, lunatic

asylums, gymnasiums, akhadas, and homes for

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disabled and destitute persons, and constructing

and maintaining buildings therefor, along with

such other public buildings like town halls,

municipal offices, shops, dharmashalas, open air

theatres, stadia and rest houses;

gardens, and also planting and maintaining road-

side and other trees;

(d) providing music for the people;

(e) taking a census, and granting rewards for

information which may tend to secure the correct

registration of vital statistics;

(f) making a survey;

(g) paying the salaries and allowances, rent

and other charges incidental to the maintenance

of the Court of any stipendiary or honorary

Magistrate; or any portion of any such charges;

(h) arranging for the destruction or the

detention and preservation of dogs which may

be destroyed or detained under section 278 of

this Act or under any law for the time being in

force the Union territory;

(i) securing or assisting to secure suitable

places for the carrying on of the offensive trades

specified in section 265;

(j) supplying, constructing and maintaining,

in accordance with a general system approved

by the Director of Public Health, receptacles,

fittings, pipes and other appliances whatsoevor

on or for the use of private, premises, for receiving

and conducting the sewage thereof into sewers

under the control of the Council;

(k) the acquisition and maintenance of grazing

grounds; and the establishment and maintenance

of dairy farms and breeding stud;

(l) establishing and maintaining a farm or

factory for the disposal of sewage;

(m) promoting the well-being of municipal

employees or any class of municipal employees

and of their dependants;

(n) providing accommodation for servants

employed by the Council;

(o) the construction of sanitary dwellings for

the poorer classes;

(p) the purchase, organisation, maintenance,

extension and management of mechanically

propelled transport facilities for the conveyance

of the public;

(q) the construction, maintenance, repairs,

purchase of any works for the supply of electrical

energy or gas;

(r) making contributions towards the

construction, establishment or maintenance of

educational institutions including libraries and

museums, any hospital, dispensary or similar

institution providing for public medical relief, or

any other institution of a charitable nature;

(s) giving grants or donations to privately run

primary or secondary schools or hostels for

students;

(t) the setting up of dairies or farms for the

supply, distribution and processing of milk or

milk products for the benefit of the inhabitants

of the municipal area;

(u) any public reception, ceremony, fair,

entertainment or exhibition held in the

municipal area, within the amount as may be

determinied by Director from time to time.

(i) in each case, where the expenses are

above the permissible limits herein before

specified;

(ii) in each case, whatever the expense

involved, after the annual limits hereinbefore

specified are reached;

(v) any other measure not specified in sub-

section (2) likely to promote public safety, health

and convenience.

(4) No suit for damages or for specific performance

shall be maintainable against any Council or any

Councillor or officer or servant thereof on the ground

that any of the duties specified in sub-section (2)

above have not been performed.

(5) Every Council shall also, out of the municipal

property and fund, make payments at such rates as

the Government may from time to time by general

or special order specify for the maintenance and

treatment either in the municipal area or at any

asylum, hospital or house, whether within or

without such municipal area, which the

Government declares by notification to be suitable

for such purpose,—

(a) of lunatics, not being persons for whose

confinement an order under Chapter 114[XXV]

of the Code of Criminal Procedure, [1973 (Central

Act 2 of 1974 )], is in force, and

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(b) of leprosy patients, resident within, or

under any enactment for the time being in force

removed from, the municipal area:

Provided that the Council shall not be liable

under this sub-section for the maintenance and

treatment of any lunatic or leprosy patient in any

such asylum, hospital or house as aforesaid, unless

such lunatic or leprosy patient, immediately

previous to his admission thereto, has been resident

in the municipal area for at least one year:

Provided further that, where an application is

made to the High Court or a District Court under

the provisions of section 88 of the Indian Lunacy

Act, 1912, no order for the payment of the cost of

maintenance of the lunatic by a Council shall be

made without an opportunity being given to such

Council to show that the lunatic has an estate

applicable to his maintenance or that there is a

person legally bound, and having the means, to

maintain him. The officer in charge of any asylum

to which lunatics for whose maintenance and

treatment a Council is liable under this section are

admitted shall maintain a clear account of the cost

of maintenance and treatment incurred on account

of each lunatic detained in the asylum and shall

furnish a copy thereof to the Council on application.

(6) Where a Council has entered into any

arrangement or made any promise, purporting to

bind it or its successors for a term of years or for an

unlimited period to continue to any educational or

charitable institution a yearly contribution from the

municipal property or fund, it shall be lawful for

the Council or its successors, with the sanction of

the Government, to cancel such arrangement or

promise, or to discontinue, or diminish such yearly

contribution, provided that it shall have given at

least twelve months’ notice of its intention so to do

to the manager or managers of such institution.

91. Penalty to Councillors, officers and servants

for improper interest in contracts, etc.— (1) if any

Councillor, or any officer or servant of a Council,

without the written permission of the Director, is

directly or indirectly interested in any contract

made with such Council, he shall be deemed to

have committed an offence under section 168 of

the Indian Penal Code.

(2) A Councillor or an officer or servant of a

Council shall not, by reason only of being a

shareholder in, or a member of any company, or co-

operative society, be deemed to be interested in

any contract entered into between the company or

the society and the Council.

184 C. Procedure of the Appellate Tribunal.— (1)

The Appellate Tribunal may, after giving the parties

to the appeal, an opportunity of being heard, pass

such orders thereon as it thinks fit, confirming,

modifying or annulling the order or notice appealed

against or may refer the case back to the authority

or officer against whose order or notice the appeal

is filed, for a fresh order or notice, after taking

additional evidence, if necessary, or such other

action as the Appellate Tribunal may specify.

(2) The Appellate Tribunal shall send a copy of

every order passed by it to the parties to appeal.

(3) No Appellate Tribunal shall, in any appeal

pending before it in respect of any order or notice

under this Act, make an interim order (whether by

way of injunction or stay) against the Municipal

Council or against any officer or servant of the

Municipal Council acting or purporting to act in

his official capacity, unless an opportunity is given

to the Municipal Council or its officer or servant to

be heard in the matter: Provided that the Appellate

Tribunal may without giving an opportunity as

aforesaid, make an interim order as an exceptional

measure, if it is satisfied for reasons to be Act

recorded by it in writing that it is necessary so to

do for preventing any loss being caused to the

person filling the appeal which cannot be

adequately compensated in money:

Provided further that every such interim order

shall, if it is not vacated earlier, cease to have effect

on the expiry of a period of fourteen days from the

date on which it is made unless before the expiry

of that period, the Appellate Tribunal confirms or

modifies that order after giving to the Municipal

Council or its officer or servant an opportunity of

being heard.

(4) Subject to rules that may be made by the

Government in this behalf, the awarding of damages

in and the cost of, and incidental to, any appeal

before an Appellate Tribunal, shall be in its

discretion and it shall have full power to determine

by and to whom, and to what extent and subject

to what conditions, if any, such damages or costs

are to be paid and to give, in its order disposing of

an appeal, necessary directions for the purpose

aforesaid.

(5) An order of the Appellate Tribunal made

under this section may be executed or caused to

be executed by it on the application of the person

in whose favour the order has been made.

(6) In hearing and deciding an appeal or in the

execution of an order, the Appellate Tribunal shall

follow such procedure as may be prescribed by

rules.

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(7) Every Appellate Tribunal shall, in addition to

the powers conferred on it under this Act, have the

same powers as are vested in a Civil Court while

trying a suit under the Code of Civil Procedure,

1908 (Central Act 5 of 1908), in respect of the

following matters, namely:—

(a) Summoning and enforcing the attendance

of persons and examining them on oath;

(b) requiring the discovery and inspection of

documents;

(d) requisitioning any public records or copies

thereof from any court or office;

(e) issuing commissions for the examination of

witnesses or documents; and

(f) any other matter which may be prescribed

by rules, and every proceeding of an Appellate

Tribunal in hearing or deciding an appeal or in

connection with the execution of its order, shall

be deemed to be a judicial proceeding within

the meaning of sections 193 and 228 and for the

purpose of section 196 of the Indian Penal Code

(Central Act 45 of 1860), and every Appellate

Tribunal shall be deemed to be a Civil Court for

the purpose of section 195 and Chapter XXVI of

the Code of Criminal Procedure, 1973 (Central

Act 2 of 1974).

184D. Appeal against order of Appellate

Tribunal.— (1) An appeal shall lie to the Government

against an order of the Appellate Tribunal, made in

an appeal under section 184 confirming, modifying

or annulling an order made or notice issued under

this Act.

(2) The provisions of section 184 and the rules

made there under, shall, so far as may be, apply to

the filling and disposal of an appeal under that

section.

(3) An order of the Government on an appeal

under this section, and subject only to such order,

an order of the Appellate Tribunal under section

184, and subject to such orders of the Government

or an Appellate Tribunal, an order or notice referred

to in that section, shall be final.

184F. Preparation of development plan.— Every

Council shall prepare every year a development

plan and submit it to the District Planning

Committee constituted under section 239 of the

Goa Panchayat Raj Act, 1994 (Act 14 of 1994).]

210. Prohibition of certain acts affecting the

municipal water works.— (1) A Council may, with

the sanction of the Director, demarcate and notify

the limits of the water-shed of any lake, tank, well

or reservoir from which water is derived for the

municipal water-work, or use by the residents of

the municipal area.

(2) Except with the permission of the Council, no

person shall—

(a) erect any building for any purpose

whatever within such limits;

(b) remove, alter, injure, damage or in any way

interfere with any boundary marks of such water-

shed;

different to that to which the same has been

heretofore applied, any building already existing

within the said limits; or

(d) carry on, within the said limits, any

operation of manufacture, trade or agriculture in

any manner, or do any act whatever, whereby

injury may arise to any such lake, tank, well or

reservoir or to any portion thereof or whereby

the water of such lake, tank, well or reservoir

may be fouled or rendered less wholesome.

(3) Except with the permission of the Chief Officer,

no person shall—

(a) cause or suffer to percolate or drain into or

upon any municipal water-work or to be brought

therein to or thereupon anything, or to be done

any act, whereby the water therein may be in

any way fouled or polluted or its quality altered;

(b) alter the surface of any municipal land

adjacent to or forming part of any such work by

digging therein to or depositing thereon any

substance;

such work any animal;

(d) bathe in or near such work;

(e) throw or put anything into or upon the

water in such work;

(f) wash or cause to be washed in or near such

work any animal or thing.

(4) Whoever contravenes any provision of sub-

section (2) shall, on conviction, be punished with

imprisonment for a term which may extend to one

month, or with fine which may extend to 363 [Five

thousand rupees], or with both.

(5) Whoever contravenes any provision of sub-

section (3) shall be deemed to have committed an

offence punishable under section 277 of the Indian

Penal Code. XLV of 1860.

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(6) When any person is convicted under sub-

section (4), the Magistrate who convicts him may

order the immediate removal of any building, or the

immediate discontinuance of the operation or use

of land, in respect of which such conviction has

been held.

(7) If any order made under sub-section (6) is

disobeyed or the execution thereof resisted, the

offender shall, on conviction, be punished with

imprisionment for a term which may extend to three

months, or with fine which may extend to [ten

thousand rupees], or with both.

248. Acts prohibited in connection with disposal

of dead.— (1) Except with the permission of the

Chief Officer, no person shall—

(a) burn, bury or otherwise dispose of any

corpse except at a place provided or maintained

for the purpose;

(b) retain a corpse on any premises, without

burning, burying or otherwise lawfully disposing

of the same, for so long a time after death as to

create a nuisance;

having and keeping the same decently covered

or without taking such precautions to prevent

risk of infection or injury to the public health as

the Council may, by public notice, from time to

time, think fit to require;

(d) except when no other route is available,

carry a corpse along any street along which the

carrying of corpses is prohibited by a public

notice issued by the Council in this behalf;

(e) remove a corpse which has been kept or

used for purposes of dissection, otherwise than

in a closed receptacle or vehicle;

(f) whilst conveying a corpse, place or leave

the same on or near any street without urgent

necessity;

(g) reopen for the interment of a corpse a grave

or vault already occupied;

(h) after bringing or causing to be brought to

a burning ground any corpse fail to burn or cause

the same to be burnt within six hours from the

time of the arrival thereof at such ground;

(i) when burning or causing to be burnt any

corpse, permit the same or any portion thereof to

remain without being completely reduced to

ashes or permit any cloth or other article used

for the conveyance or burning of such corpse to

be removed or to remain on or near the place of

burning without its being completely reduced

to ashes;

(j) exhume any body except under the provision

of section 176 of the Code of Criminal Procedure,

1898 or of any other law for the time being in

force, from any place for the disposal of the dead.

V of 1898.

Explanation:— For the purposes of this

section, the expression “corpse” includes any

part thereof.

(2) Any person who contravenes any provision

of sub-section (1), shall, on conviction, be

punished with fine which may extend to [Five

thousand rupees].

281. Provisions as respects institution,

compounding, etc., of criminal actions.— (1) Subject

to the general control of the Council, the Chief

Officer may take proceedings against any person

who is charged with—

(a) any offence against this Act or any rules or

bye-laws made thereunder;

(b) any offence which affects or is likely to

affect any property or interest of the Council or

the due administration of this Act; or

Provided that the Chief Officer shall not, except

with the previous approval of the Council, direct

a prosecution or order proceedings to be taken

for the punishment of any person offending

against the provisions of the following sections

or sub-sections, namely:—

(i) sub-section (7) of section 171 read with

sub-sections (8) and (9) of section 184;

(ii) sub-section (6) of section 178;

(iii) sub-section (5) of section 243.

(2) No prosecution for any offence under this Act

or the rules or bye-laws made thereunder shall be

instituted, except within six months next after the

date of the commission of the offence, or if such

date is not known or the offence is a continuing

one within six months after the commission or

discovery of such offence.

(3) Any prosecution under this Act or the rules

or bye-laws made thereunder may, save as therein

otherwise provided, be instituted before any

Magistrate; and every fine or penalty imposed under

or by virtue of this Act or any rule or bye-law, and

any compensation, expenses, charges or damages

for the recovery of which no special provision is

otherwise made in this Act, may be recovered on

application to any Magistrate, by the distress and

sale of any movable property within the limits of

his jurisdiction belonging to the person from whom

the money is claimable.

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(4) Notwithstanding anything contained in

section of the Code of Criminal Procedure, 1973

(Central Act 2 of 1974), no Magistrate shall permit

withdrawal of a complaint under that section in

respect of an offence punishable under this Act or

the rules and bye-laws made thereunder, unless

the Magistrate is satisfied that although the

complaint was made in good faith it was based on

incorrect facts or insufficient information. V of 1898.

(5) Any offence committed under this Act or the

rules or bye-laws made thereunder, whether

committed before or after the commencement of

the Goa Municipalities (First Amendment) Act,

2002, may, either before or after the institution of

the prosecution, be compounded by such officers

or authorities, on such conditions and for such

amounts, as the State Government may, by

Notification in the Official Gazette, specify in this

behalf.].

(6) [omitted]

(7) Where an offence has been compounded

under sub-section (5), the offender, if in custody,

shall be discharged and no further proceedings

shall be taken against him in respect of this

offence.].

(8) The expenses of all prosecutions or

proceedings shall be paid out of the municipal fund.

287. Councillors, officers, servants, etc., to be public

servants.— Every Councillor and every officer or

servant of a Council, every contractor or agent

appointed by it for the collection of any tax and

every person employed by such contractor or agent

for the collection of such tax shall be deemed to be

a public servant within the meaning of section 21

of the Indian Penal Code.

290 A. Certain offences to be cognizable.— The

Code of Criminal Procedure, 1973 (Central Act 2 of

1974), shall apply to an offence under sub-section

(7) of section 175 or sub-section (3) of section 176

or sub-section (6) of section 178 or sub-section (9)

and (10) of section 184, as if it were a cognizable

offence—

(i) for the purpose of investigation of such

offence;

(ii) for the purposes of all matters other than—

(a) matters referred to in section 42 of that

Code, and

(b) arrest of a person, except on the

complaint of, or upon information received

from, such officer of the Council, not being

below the rank of a Chief Officer, as may be

appointed by the Government:

Provided that no offence of the contravention of

any condition subject to which sanction was

accorded for the erection of any building or the

execution of any work shall be cognizable, if such

contravention relates to any deviation from any plan

if such erection or execution sanctioned by the

Council, is compoundable on payment of an amount

under the bye-laws relating to buildings made

under this Act].

296. Inquiry into municipal matters by

Government.— (1) The Government may order an

inquiry to be held by any officer appointed by it in

this behalf into any matters concerning the

municipal administration of any Council or any

matters with respect to which sanction, approval

or consent of the Government is required under

this Act.

(2) The officer holding such inquiry shall for the

purpose thereof have the powers which are vested

in a Court under Code of Civil Procedure, 1908, in

respect of the following matters:— V of 1908.

(a) discovery and inspection,

(b) enforcing the attendance of witnesses, and

requiring the deposits of their expenses,

(d) examination of witnesses on oath,

(e) granting adjournments,

(f) reception of evidence on affidavit, and

(g) issuing commissions for the examination

of witnesses, and may summon and examine suo

motu any person whose evidence appears to him

to be material; and shall be deemed to be a Civil

Court within the meaning of sections 480 and

482 of the Code of Criminal Procedure, 1898. V of

1898.

Explanation:— For the purpose of enforcing the

attendance of witnesses the local limit of such

officer’s jurisdiction shall be the limits of the [State

of Goa].

(3) The reasonable expenses incurred by any

person in attending to give evidence may be

allowed by the officer holding the inquiry to such

person and shall be deemed to be part of the costs.

(4) Costs shall be in the discretion of the

Government and the Government shall have full

power to determine by and to whom and to what

extent such costs are to be paid and such costs

shall be recoverable as an arrear of land revenue.

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321. Power of Collector to recover record and

money.— (1) Where on information received, the

Director is of the opinion that any person, who in

his capacity as a [Chairperson], [Vice-Chairperson],

Councillor, or officer or servant of a Council had in

his custody any records, stores or money or other

property belonging to the Council, inspite of the

expiry of his term of office or his removal or

suspension from office, as the case may be, has not

delivered such records, stores, money or other

property to his successor in the office, the Director

may by a written order require that the records,

stores, money or other property so detained, be

delivered to such successor within the time to be

specified in such order.

(2) If such [Chairperson], [Vice-Chairperson],

Councillor, or officer or servant of the Council fails

to comply with the order of the Director under the

foregoing sub-section, it shall be lawful for the

Director,—

(a) for recovering any such money, to direct

that such money may be recovered as an arrear

of land revenue and on such direction being

given by the Director such money shall be

recoverable as an arrear of land revenue from

such person;

(b) for recovering any such records or stores

or other property, to issue a search warrant and

to exercise all such powers with respect thereto

as may lawfully be exercised by a Magistrate

under the provisions of Chapter VII of the Code

of Criminal Procedure, 1973 [“(Central Act 2 of

1974)”].

(3) No action shall be taken under this section,

unless the person concerned has been given a

reasonable opportunity to show cause why such

action should not be taken against him.

(4) The fact that action is or has been taken

against an outgoing [Chairperson] or [Vice-

Chairperson] under the provisions of this section

shall not be a bar to the prosecution of such

[Chairperson] or [Vice-Chairperson] under sub-

section (4) of section 58.

LA/LEGN/2024/1397

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 1st August, 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 Clinical Establishments

(Registration And Regulation)

(Amendment) Bill, 2024

(Bill No. 26 of 2024)

BILL

further

amend

the

Goa

Clinical

Establishments

(Registration

and

Regulation) Act, 2019 (Goa Act 19 of 2019).

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 Clinical

Establishments (Registration and Regulation)

(Amendment) Act, 2024.

(2) It shall come into force at once except

sections 2 and 4 which shall be deemed to

have come into force on the 15th day of

March, 2024.

2. Insertion of new section 20A.— After

section 20 of the Goa Clinical Establishments

(Registration and Regulation) Act, 2019 (Goa

Act 19 of 2019) (hereinafter referred to as

the “principal Act”), the following section

shall be inserted, namely:—

“20A. Extension of time limit for

provisional and permanent registration.— (1)

Notwithstanding anything contained in this

Act or any other law for the time being in

force, the provisional registration granted

under this Act in the past which have

lapsed or which are subsisting shall stand

revived or extended and shall be deemed

to be valid for a period of one year from

the date of coming into force of this section.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1014

(2) Notwithstanding anything contained

in this Act or any other law for the time

being in force, the clinical establishments

who have not obtained provisional or

permanent registration under this Act shall

be entitled to apply and obtain permanent

registration under this Act within a period

of one year from the date of coming into

force of this section.”

3. Amendment of section 45.— In section

45 of the principal Act, for expression “within

the meaning of section 21 of the India Penal

Code, 1860 (45 of 1860)”, 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 47.— In section

47 of the principal Act, sub-section (3) shall

be omitted.

5. Repeal and savings.— (1) The Goa

Clinical Establishments (Registration and

Regulation) (Amendment) Ordinance, 2024

(Ordinance No. 4 of 2024) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance, shall

be deemed to have been done or taken under

the principal Act, as amended by this Act.

Statement of Objects and Reasons

The Bill seeks to insert new section 20A in

the Goa Clinical Establishments (Registration

and Regulation) Act, 2019 (Goa Act 19 of

2019) (hereinafter referred to as the “principal

Act”) so as to extend the time limit for

provisional and permanent registration of the

clinical establishments.

The Bill seeks to make consequential

amendment to section 45 of the said Act in

view of enactment of the Bharatiya Nyaya

Sanhita, 2023 (Central Act 45 of 2023).

The Bill seeks to amend Section 47 of the

said Act so as to give more time to obtain

registration of the clinical establishments who

have not complied with the requirement of

obtaining provisional/final registration within

the time limit prescribed under the Act.

The Bill also seeks to repeal the Goa Clinical

Establishments (Registration and Regulation)

(Amendment) Ordinance, 2024 (Ordinance

No. 4 of 2024) promulgated by the Governor

of Goa on 15-03-2024.

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.

Assembly Hall,

Porvorim, Goa.

VISHWAJIT RANE,

Dated: 25-07-2024.

Hon’ble Minister for Health

Assembly Hall,

Porvorim, Goa.

NAMRATA ULMAN,

Dated: 25-07-2024.

Secretary (Legislature).

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SERIES I No. 20

(SUPPLEMENT No. 2)

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1015

47 (3) Every rule made by the

Government under this Act

shall be laid, as soon as may be

after it is made, before the

Legislative Assembly of Goa

while it is in session, for a total

period of fourteen days which

may be comprised in one

session or in two or more

successive sessions and if,

before the expiry of the session

in which it is so laid or the

session immediately following,

the House agrees in making

any modification in the rule or

House agrees that the rule

should not be made, the rule

shall thereafter have effect only

in such modified form or be of

no effect, as the case may be;

so, however, that any such

modification or annulment shall

be without prejudice to the

validity of anything previously

done under that rule.

A Tabular format showing existing provision and proposed amendment in the Goa Clinical

Establishments (Registration and Regulation) Act, 2019:

Sr.

Existing Section

Proposed Section

No.

in the Act

Insertion of new section.

1. Insertion of new section 20A.— After

section 20 of the Goa Clinical Establishments

(Registration and Regulation) Act, 2019 (Goa

Act 10 of 2019) (hereinafter referred to as

the “principal Act”, the following section

shall be inserted, namely:—

“20A. Extension of time limit for provi-

sional registration.— (1) Notwith-

standing anything contained in this Act

or any other law for the time being in force,

the provisional registration granted

under this Act in the past which have

lapsed or which are subsisting shall

stand revived or extended and shall be

deemed to be valid for one year from the

date of coming into force of this section.

(2) Notwithstanding anything contained

in this Act or any other law for the time

being in force, the clinical establishments

who have not obtained provisional or

permanent registration under this Act

shall be entitled to apply and obtain

permanent registration under this Act

within one year from the date of coming

into force of this section”.

To be Omitted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1016

LA/LEGN/2024/1398

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 1st August, 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 Town and Country Planning

(Amendment and Validation) Bill, 2024

(Bill No. 25 of 2024)

BILL

further to amend the Goa Town and Country

Planning Act, 1974 (Act 21 of 1975).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

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

Act may be called the Goa Town and Country

Planning (Amendment and Validation) Act,

2024.

(2) It shall be deemed to have come into

force on the 16th day of December, 2022.

2. Amendment of section 19.— In the Goa

Town and Country Planning Act, 1974 (Act

21 of 1975) (hereinafter referred to as the

“principal Act”), in section 19, after sub-

section (2), the following sub-section shall be

inserted, namely:—

“(3) Notwithstanding anything contained

in this Act,—

(i) where the whole or part of any

planning area, is withdrawn from the

operation of this Act, the Outline

Development Plan which was in force in

such planning area on the date of its

withdrawal shall remain in force till such

date the said area continues to be non-

planning area;

(ii) where any area is declared to be a

planning area under section 18, till such

date the Outline Development Plan is

prepared and published under section 37

in respect of such area, all development

works in such area shall conform to the

regional plan.”.

3. Validation.— Notwithstanding anything

contained in any judgment, decree or order

of any court or other authority to the contrary,

all approvals granted and zoning certificates/

/conversion reports issued on the basis of

the Outline Development Plan for Calangute-

-Candolim Planning Area – 2025 and Outline

Development Plan for Arpora-Nagoa-Parra

Planning Area – 2030 after coming into force

of the Notification No. 36/1/TCP/443/2022/

/3406 dated 16-12-2022, published in the

Official Gazette, Extraordinary No. 4, dated

20-12-2022 shall, for all purposes, be deemed

to be and to have always been validly

granted/issued in accordance with the

provisions of section 19 of the principal Act

as amended by this Act, and accordingly,-

(i) no suit or other proceeding shall lie

or be maintained or continued in any court

challenging such approvals/certificates/

reports; and

(ii) anything done or any action taken or

purported to have been done or taken,

under or for the purposes of the principal

Act on the basis of the said outline

development plan or regional plan, as the

case may be, shall be deemed to have been

validly done or taken in accordance with

law as if the provisions of section 19 of the

principal Act, as amended by this Act, had

been in force at all material times.

4. Repeal and saving.— (1) The Goa Town

and Country Planning (Amendment and

Validation) Ordinance, 2024 (Ordinance No. 2

of 2024) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance, shall

be deemed to have been done or taken under

the principal Act, as amended by this Act.

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1017

Statement of Objects and Reasons

The Bill seeks to insert sub-section (3) in

Section 19 of the Goa Town and Country

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

enable the Chief Town Planner to consider

all proposals on the basis of the Outline

Development Plan which was in force prior

to the withdrawing of the concerned planning

area, till such time the said area continues to

be non-planning area. The Bill also seeks to

make provision so that any area which is

declared to be a planning area shall conform

to the regional plan till such date the Outline

Development Plan is prepared in respect of

such area.

The Bill also seeks to repeal the Goa Town

and Country Planning (Amendment and

Validation) Ordinance, 2024 (Ordinance No. 2

of 2024) promulgated by the Hon’ble Governor

of Goa on 29th February, 2024.

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.

VISHWAJIT RANE

Porvorim, Goa.

Minister For Town and

31st July, 2024.

Country Planning

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the (Legislature)

31st July, 2024.

Assembly of Goa.

ANNEXURE

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

Extract of Section 19 of the Goa

Town and Country Planning Act,

1974 (Act 21 of 1975)

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

19. Power to withdraw planning area from

operation of the Act.— (1) The Government may,

if it is of opinion that it is necessary so to do in

the public interest by notification, withdraw from

the operation of this Act the whole or part of any

planning area.

(2) When a notification is issued under sub-

section (1) in respect of any planning area or part

thereof—

(i) this Act and all rules, regulations, bye-

laws, notifications, orders, directions and

powers made, issued or conferred under this

Act, shall cease to apply to the said area or

part and the Planning and Development

Authority, if any constituted, under this Act

shall cease to have jurisdiction in respect of

the said area or part, as the case may be; but

where any Planning and Development

Authority has been constituted exclusively for

such area or part, such Authority shall, on the

date of the notification stand dissolved;

(ii) the Government shall, after consulting

the Board, the Planning and Development

Authority and the local authority or authorities

concerned, frame a scheme determining the

portion or portions of the balance of the fund

of the Planning and Development Authority

concerned which shall vest in the Government

and in the local authority or authorities

concerned, and the manner in which the

properties and liabilities of the Planning and

Development Authority shall be apportioned

between the Government and such local

authority or authorities, and on the scheme

being notified in the Official Gazette, the fund,

property and liabilities of the Planning and

Development Authority shall vest and be

apportioned accordingly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1018

LA/LEGN/2024/1399

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 1st August, 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 City of Panaji Corporation

(Amendment) Bill, 2024

(BILL No. 32 of 2024)

BILL

further to amend the City of Panaji

Corporation Act, 2002 (Goa Act 1 of 2003).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-third Year of the

Republic of India as follows:—

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

Act may be called the City of Panaji

Corporation (Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 5.— In section 5

of the City of Panaji Corporation Act, 2002

(Goa Act 1 of 2003) (hereinafter referred to

as the “principal Act”),—

(i) for clause (8), the following clause shall

be substituted, namely:—

“(8) “building” includes a house,

outhouse, stable, shed, hut and other

enclosure or structure, whether of mansory,

bricks, wood, mud, metal or any other

material, whether used as a human

dwelling or otherwise, and also includes

verandahs, fixed platforms, plinths, door-

steps, walls (including compound walls

and fencing) and the like;”;

(ii) in clause (46), for the expression “the

Indian Trade Unions Act, 1926”, the

expression “the Trade Unions Act, 1926 (Act

No. 16 of 1926)” shall be substituted.

3. Amendment of section 9.— In section 9

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

for the words “The Director of Municipal

Administration with the approval of the State

Government”, the words “The State Election

Commission in consultation with the State

Government” shall be substituted.

4. Amendment of section 10.— In section

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

the expression “Corporation there”, the

expression “Corporation, as notified in the

Official Gazette, there” shall be substituted.

5. Insertion of new sections 12 A to 12 C.—

After section 12 of the principal Act, the

following sections shall be inserted,

namely:—

“12A. Requisitioning of premises, vehicles,

etc., for election purposes.— (1) If it appears

to the State Government that in connection

with an election to be held under the

provisions of this Act, the State Government

on the recommendation of State Election

Commission for the purposes of conduct of

the Election,—

(i) any premises are needed or are

likely to be needed for the purpose of

being used as polling stations, for

counting, for storage of ballot boxes,

voting machines and poll related

material after a poll has been taken,

accommodation for security forces and

polling personnel; or

(ii) any vehicle or vessel is needed or

is likely to be needed for the purpose of

transport of ballot boxes, voting machine

to or from any polling station, or

transport of members of the police force

for maintaining order during the conduct

of such election, or transport of any

officer or other person for performance

of any duties in connection with such

election, the Government may by order

in writing requisition such premises, or

such vehicle or vessel, as the case may

be, and may make such further orders

as may appear to it to be necessary or

expedient in connection with the

requisitioning:

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Provided that no such premises shall be

requisitioned before issuance of the order

by the State Election Commission under

sub-rule (1) of rule 4 of the Corporation of

the City of Panaji (Election) Rules, 2004:

Provided that no premises or vehicle or

vessel, which is being lawfully used by a

candidate or his agent for any purpose

connected with the election of such

candidate shall be requisitioned under this

sub-section until the completion of the poll

at such election.

(2) The requisition shall be effected by

an order in writing addressed to the person

deemed by the State Government to be the

owner or person in possession of the

property, and such order shall be served

in the prescribed manner on the person to

whom it is addressed.

(3)

Whenever

any

property

requisitioned under sub-section (1), the

period of such requisition shall not extend

beyond the period for which such property

is required for any of the purposes

mentioned in that sub-section.

(4) Whenever any premises or vehicle

or vessel is requisitioned the Government

shall pay the compensation.

(5) In this, section,—

(a) “premises” means any land,

building or part of a building and

includes a hut, shed or other structure

or any part thereof;

(b) “vehicle” means any vehicle used

or capable of being used for the purpose

of road transport, whether propelled by

mechanical power or otherwise;

propelled driven vessel ordinarily plying

in inland waters.

12B. Payment of compensation.— (1)

Whenever in pursuance of section 12A the

State Government requisitions any

premises, there shall be paid to the persons

interested compensation the amount of

which shall be determined by taking into

consideration the following, namely:—

(i) the rent payable in respect of the

premises or if no rent is so payable, the

rent payable for similar premises in the

locality;

(ii) if in consequence of the requisition

of the premises the person interested is

compelled to change his residence or

place of business, the reasonable

expenses (if any) incidental to such

change:

Provided that where any person

interested being aggrieved by the amount

of compensation so determined makes an

application within a period of thirty days

from the date of receipt of the order of

payment of compensation to the State

Government for referring the matter to an

arbitrator, the amount of compensation to

be paid shall be such as the arbitrator

appointed in this behalf by the State

Government may determine:

Provided further that where there is any

dispute as to the title to receive the

compensation or as to the apportionment

of the amount of compensation, it shall be

referred by the State Government to an

arbitrator appointed in this behalf by the

Government for determination, and shall

be determined in accordance with the

decision of such arbitrator.

Explanation.— In this sub-section, the

expression “person interested” means the

person who was in actual possession of

the premises requisitioned under section

12A immediately before the requisition, or

where no person was in such actual

possession, the owner of such premises.

(2) Whenever in pursuance of section

12A the State Government requisitions any

vehicle or vessel, there shall be paid to the

owner thereof compensation the amount

of which shall be determined by the State

Government on the basis of fares or rates

prevailing in the locality for the hire of such

vehicle or vessel:

Provided that where the owner of such

vehicle or vessel being aggrieved by the

OFFICIAL GAZETTE — GOVT. OF GOA

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amount of compensation so determined

makes an application within a period of

thirty days from the date of receipt of the

order of payment of compensation to the

State Government for referring the matter

arbitrator,

the

amount

compensation to be paid shall be such as

the arbitrator appointed in this behalf by

the State Government may determine:

Provided further that where immediately

before requisitioning, the vehicle or vessel

was by virtue of a hire-purchase agreement

is in possession of a person other than the

owner, the amount determined under this

sub-section as the total compensation

payable in respect of the requisition shall

be apportioned between that person and

the owner in such manner as they may

agree upon, and in default of agreement,

in such manner as an arbitrator appointed

by the State Government in this behalf may

decide.

12C. Prohibition of public meetings

during poll.— The provisions of section 126

of the Representation of People Act, 1951

(Central Act No. 43 of 1951) shall mutatis

mutandis apply for elections under this

Act.”.

6. Amendment of section 15.— In section

15 of the principal Act, in clause (c), for the

expression “section 153A, or sub-section (2)

or (3) of section 505, of the Indian Penal

Code”, the expression “section 196, or sub-

section (2) or (3) of section 353, of the

Bharatiya Nyaya Sanhita, 2023 (Central Act

No. 45 of 2023)” shall be substituted.

7. Insertion of new section 59A.— After

section 59 of the principal Act, the following

section shall be inserted, namely:—

“59A. Preparation of development

plan.— Corporation shall prepare by 31^st

day of January of every year a

development plan and submit it to the

District Planning Committee constituted

under section 239 of the Goa Panchayat

Raj Act, 1994 (Act No. 14 of 1994).”.

8. Amendment of section 219.— In section

219 of the principal Act, in the proviso, for

the expression “Indian Explosives Act, 1884”,

the expression “Explosives Act, 1884 (Act No.

4 of 1884)” shall be substituted.

9. Amendment of section 281.— In section

281 of the principal Act, in sub-section (3),

for the expression “Indian Railways Act, 1890,

or the Indian Electricity Act, 1910”, the

expression “Railways Act, 1989 (Central Act

No. 24 of 1989) or the Electricity Act, 2003

(Central Act No. 36 of 2003)” shall be

substituted.

10. Amendment of section 293.— In section

293 of the principal Act, in sub-section (5),

for the expression “Indian Limitation Act,

1963,” the expression “Limitation Act, 1963

(CentralAct No. 36 of 1963)” shall be

substituted.

11. Amendment of section 294.— In section

294 of the principal Act, in sub-section (4),

for the expression “Indian Limitation Act,1963

(Central Act No. 36 of 1963)”, the expression

“Limitation Act, 1963” shall be substituted.

12. Amendment of section 321.— In section

321 of the principal Act, for the expression

“section 109 of the Code of Criminal

Procedure, 1973”, the expression “section

128 of the Bharatiya Nagrik Suraksha Sanhita,

2023 (Central Act No. 46 of 2023)” shall be

substituted.

13. Amendment of section 350.— In section

350 of the principal Act, for the expression

“Indian Limitation Act, 1963”, the expression

“Limitation Act, 1963 (Central Act No. 36 of

1963)” shall be substituted.

14. Amendment of section 351.— In section

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

for the expression “the Code of Criminal

Procedure, 1973”, the expression “the

Bharatiya Nagrik Suraksha Sanhita, 2023

(Central Act No. 46 of 2023)” shall be

substituted.

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15. Amendment of section 365.— In section

365 of the principal Act, for the expression

“within the meaning of section 21 of the

Indian Penal Code, 1860”, the expression “as

defined in clause (28) of section 2 of the

Bharatiya Nyaya Sanhita, 2023 (Central Act

No. 45 of 2023)” shall be substituted.

Statement of Objects and Reasons

The Bill proposes to widen the definition of

the term “building” in clause (8) of section 5

of the City of Panaji Corporation Act, 2002

(Goa Act 1 of 2003), in tune with the same as

existing in the Goa Municipalities Act, 1968.

The Bill also proposes to amend section 9

of the said Act so as to bestow powers of the

delimitation of wards of city to the State

Election Commission.

The Bill also proposes to amend section 10

of the said Act so as to provide for notification

of ward reservations in the Official Gazette.

The Bill also proposes to insert sections

12 A, 12 B and 12 C to the said Act as to

provide requisition of any premises or vehicle

for the purpose of conducting elections and

to make provision similar to in section 126 of

the Representation of the People Act, 1951.

The Bill also proposes to insert section 59A

in the said Act as the Hon’ble High Court of

Bombay at Goa in PIL Writ Petition No. 6 of

2018 decided on 12-2-2020 between the

United Goans Foundation vs. the State of Goa

and Others had instructed the Director of

Panchayats, the State Government, and the

Director of Municipal Administration to issue

necessary directions to the Panchayats, Zilla

Panchayats and Municipal Councils to set up

a time limit for submitting their development

plans. Since no such provision exists in the

said Act, this amendment is proposed.

In view of repeal of the Indian Penal Code

1860 (Central Act No. 45 of 1860), the Code of

Criminal Procedure, 1973 (Central Act No. 2

of 1974) and the enforcement of the Bharatiya

Nyaya Sanhita, 2023 (Central Act No. 45 of

2023) and Bharatiya Nagarik Suraksha

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

the Bill proposes to amend sections 15, 321,

351 and 365 of the said Act, suitably.

This Bill seeks to achieve the above objects.

Financial Memorandum

Presently

there

are

financial

implications. However, as and when

compensation to the requisitioned premises,

vehicles or vessels arises, there will be

financial implications on that account, which

cannot be quantified at this stage.

Memorandum Regarding Delegated

Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim-Goa.

(VISHWAJIT P. RANE)

1st August, 2024.

Minister for Urban

Development.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim-Goa.

Secretary to the Legislative

1st August, 2024.

Assembly of Goa.

______

ANNEXURE

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

Extract of The City of Panaji Corporation

Act, 2002

(Goa Act 1 of 2003)

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

5. Definitions.— In this Act, unless there is

anything repugnant to the subject or context:— (1)

“Administrator” means an Administrator appointed

by the State Government under Section 380 of this

Act, to exercise the powers and to perform the

duties of the Corporation and its authorities;

(2) “Assembly constituency” means constituency

provided by law for the purpose of elections to the

Goa Legislative Assembly, or any part thereof, which

is for the time being comprised in the City;

(3) “Assembly roll” means the electoral roll

prepared for any Assembly Constituency in

accordance

with

the

provisions

the

Representation of the People Act, 1950;

(4) “assessment list” means any municipal

assessment register prescribed by section 122 of

this Act and includes any register subsidiary

thereto;

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(5) “authorized” means authorized by the

Corporation either generally or specially;

(6) “bakery” means any place in which bread or

confectionery including biscuits is baked, cooked

or prepared in any manner whatsoever for purposes

of profit or sale;

(7) “budget grant” means a sum entered on the

expenditure side of a budget estimate which has

been finally adopted by the Corporation, and

includes any sum by which such budget grant may

at any time be increased under sections 88, 89 or

90 of this Act;

(8) “building” includes a house, outhouse, stable,

hut, shed or other enclosure, whether used as a

human dwelling or otherwise and shall include also

verandahs, fixed platforms, plinths, door-steps, walls

and the like;

(9) “building line” means a line beyond which

the outer face or any part of an external wall of a

building should not project in the direction of any

street existing or proposed;

(10) “The Commissioner” means the Municipal

Commissioner for the City appointed under section

48 and includes an acting Commissioner appointed

under the Act and any municipal officer empowered

under this Act to exercise, perform or discharge

any of the powers, duties or functions of the

Commissioner to the extent to which such officer is

so empowered;

(11) “City of Panaji” or “the City” means the

large urban area specified in the notification issued

in this respect under clause (2) of Article 243 Q of

the Constitution of India, known by the name of the

City of Panaji;

(12) “Closet accommodation” means a receptacle

for human excreta, together with the structure

comprising such receptacle and the fitting and

apparatus connected therewith;

(13) “the Corporation” or “Corporation Area”

means the Municipal Corporation of the City of

Panaji constituted or deemed to be constituted

under this Act;

(14) “Councillor” means any person who is duly

continued under this Act or elected as a member

of the Corporation under this Act; and includes, a

nominated Councillor who shall not have the right:-

(i) To vote at any meeting of the Corporation

and committees of the Corporation; and

(ii) To get elected as a Mayor or a Deputy

Mayor of the Corporation or a chairperson of any

of the Committees of the Corporation;

(15) “dangerous diseases” means cholera, plague,

tuberculosis, diphtheria, malaria, and any disease

which the Corporation or the State Government

may, by public notice, declare to be a dangerous

disease for the purpose of this Act;

(16) “District Court” means the District Court,

constituted for the North Goa district;

(17) “drain” includes a sewer, tunnel, pipe, ditch,

gutter or channel, and any cistern, flush, tank,

septic tank, or other device for carrying off or

treating sewage, offensive matter, polluted water,

sullage, waste water, drain water or sub-soil water

and any culvert, ventilation, shaft or pipe or other

appliance or fitting connected therewith, and any

ejectors, compressed air mains, sealed sewage mains

and special machinery or apparatus for raising,

collecting, expelling or removing sewage or

offensive matter from any place;

(18) “drug” means any substance used as

medicine or in the composition or preparation of

medicines, whether for internal or external use;

(19) “eating-house” means any premises to which

the public are admitted and where any kind of food

is prepared or supplied for consumption on the

premises for the profit or gain of any person owing

or having an interest in or managing such premises;

(20) the expression “erect or re-erect any

building” with its grammatical variations and

cognate expressions includes:

(a) any material alteration or enlargement of

any building;

(b) the conversion by structural alteration into

a place for human habitation of any building not

originally constructed for human habitation;

one or more places of human habitation into a

greater number of such places;

(d) the conversion by structural alteration of

two or more places of human habitation into a

lesser number of such places;

(e) such alteration of the internal arrangement

of a building as effects a change in its drainage

or sanitary arrangements or affects its stability;

(f) the addition of any rooms, buildings, out-

houses or other structure to a building;

(g) the reconstruction of the whole or any part

of the external walls of a building or the renewal

of the posts of wooden buildings;

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(h) any change over ground or in land;

(21) the expression “essential officer or servant”

means every person employed in the municipal

corporation in a service declared to be essential by

the Commissioner;

(22) “factory” has the meaning assigned to it

under the Factories Act, 1948;

(23) “Finance Commission” means the Finance

Commission constituted in accordance with the

provisions of Article 243-I of the Constitution of

India;

(24) “food” includes every article used for food

or drink by man other than drugs or water, and any

article which ordinarily enter into or is used in the

composition or preparation of human food; and also

includes confectionery, flavouring and colouring

matters and spices and condiments;

(25) “keeper” means the person in charge of a

lodging-house, and may include the owner for the

purposes of any rules or bye-laws made under this

Act;

(26) “land” includes land which is being built

upon or is built upon or covered with water;

(27) “licensed plumber”, “licensed surveyor”

and “licensed architect” mean, respectively, a

person licensed by the Corporation as a plumber or

surveyor or architect under this Act;

(28) “lodging — house” means a building or part

of a building which is let for lodgings;

(29) “market” includes any place within the City

where persons assemble for the sale of meat, fish,

fruit, vegetables, live-stock or any other article of

food; or commodity and is declared to be so by the

Commissioner;

(30) “municipal drain” means a drain vested in

the Corporation;

(31) “municipal market” means a market vested

in or managed by the Corporation;

(32) “municipal slaughter-house” means a

slaughter-house vested in or managed by the

Corporation;

(33) “municipal tax” means any impost levied by

the Corporation under the provisions of this Act;

(34) “municipal water-works” means a water-

work vested in or managed by the Corporation;

(35) “nuisance” includes any act, omission, place

or thing which causes or is likely to cause injury,

danger, annoyance or offence to the sense of sight,

smell or hearing, or which is or may be dangerous

to life or injurious to health or property;

(36) “occupier” includes any person for the time

being paying, or liable to pay, to the owner the

rent, fees or compensation or any portion of the

rent, fees or compensation of the land or building

in respect of which the word is used or damages on

account of the occupation of such land or building,

and also an owner living in, or other-wise using, his

own land or building and a rent-free tenant or a

person declared to be a Mundkar under the Goa,

Daman & Diu Mundkars (Protection from Eviction)

Act, 1976;

(37) “offensive matter” includes animal

carcasses, dung, dirt, putrid or putrefying

substances, and filth of any kind which is not

included in “sewage” as defined in this section;

(38) “Other Backward Classes” means such

classes or parts of or groups within such classes as

are declared, from time to time, by the State

Government to be Other Backward Classes

(excluding creamy layer).

(39) “owner” when used with reference to any

land or building includes the person for the time

being receiving the rent of the land or building or

of any part of the land or building whether on his

own account or as agent or trustee for any person

or society or for any religious or charitable purpose,

or as a receiver who would receive such rent if the

land, building or part thereof were let to a tenant;

(40) “population” means the population as

ascertained at the last preceding Census of which

the relevant figures have been published;

(41) “prescribed” means prescribed by rules or

bye-laws made under this Act;

(42) “public analyst” means any person to be

appointed by the Corporation to perform the duties

and to exercise the power of a public analyst

prescribed under this Act;

(43) “public place” includes any public park or

garden, or any ground to which the public have or

are permitted to have access;

(44) the expression “public securities” means

Government securities and any securities

guaranteed by Government, securities issued by

the Corporation and any other securities which the

State Government may declare to be public

securities for the purposes of this Act;

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(45) “public street” means any street—

(a) heretofore levelled, paved, metalled,

channelled sewered or repaired out of municipal

or other public funds; or

(b) which under the provisions of section 294

is declared to be, or under any other provision of

this Act becomes, a public street; and includes

(i) the roadway over any public bridge or

causeway,

(ii) the footway attached to any such street,

(iii) public bridge or causeway, and the

drains attached to any such street, public

bridge or causeway;

(46) “registered trade union” means a trade union

registered under the Indian Trade Unions Act, 1926;

(47) (a) a person shall be deemed to “reside” in

any dwelling-house or hut which, or some portion

of which, he sometimes, although not uninterruptedly,

uses as a sleeping apartment; and

(b) a person shall not be deemed to cease to

“reside” in any such dwelling-house or hut merely

because he is absent from it or has elsewhere

another dwelling-house or hut in which he resides,

if there is the liberty of returning to it at any time

and no abandonment or the intention of returning

to it;

(48) “rubbish” includes dust, ashes, broken

bricks, mortar, glass, garden or stable refuse or

refuse of any kind which is not “offensive matter”

or “sewage” as defined in this section;

(49) “sewage” means night-soil and other

contents of water-closets, latrines, privies, urinals,

cesspools, or drains and polluted water from sinks,

bath-rooms, stables, cattlesheds and other like

places, and includes trade effluents and discharges

from manufactories of all kinds;

(50) “sewage connection” includes any drain set

up by the Corporation or the State Government

connecting any watery closets, latrines, privy,

urinals, bath-room, sink, manhole or tap with any

drain set apart by the Corporation for sewage and

other offensive matter;

(51) “State Election Commission” means the State

Election Commission consisting of the State Election

Commissioner appointed in accordance with the

provisions of clause (I) of Article 243-K of the

Constitution of India;

(52) “street” means any road, land, gully, alley,

passage, pathway, square or Court whether a

thoroughfare or not, which is accessible to the

public whether permanently or temporarily; and

includes every vacant space, notwithstanding that

it may be private property and obstructed wholly

or partly by any gate, post, chain or other barrier,

if houses, shops, or other buildings abut thereon

and if it is used by any persons whether occupiers

of such buildings or not, as a means of access to or

from any public place or thoroughfare but shall not

include any part of such vacant space which the

occupier of any such building has a right at all

hours to prevent all other persons from using as

aforesaid;

(53) “street line” means a line dividing the land

comprised in and forming part of a street from the

adjoining land;

(54) “traffic sign” includes all signals, warnings

signposts, direction posts, signs or other devices,

erected by any person or authority authorized by

law to do so, for the information, guidance or

direction of persons using roads or of wheeled and

other traffic;

(55) “vehicle” means a wheeled conveyance

capable of being used on the street;

(56) “Wards Committees” means the Wards

Committees constituted under section 41;

(57) “water-closet” means closet accommodation

used or adapted or intended to be used in

connection with Government or municipal water

works and comprising provisions for the flushing of

the receptacle by means of a water-supply and

having connection with a sewer;

(58) “water connection” includes

(a) any tank, cistern, hydrant, stand-pipe,

meter or tap situated on private property and

connected with a water-main or pipe belonging

to the Corporation or Government;

(b) the water-pipe connecting such tank,

cistern, hydrant, stand pipe, meter or tap with

such water-main or pipe;

(59) “water for domestic purposes” shall not

include water for cattle, or for washing vehicles

where the cattle or vehicles are kept for sale or

hire, or by a common carrier, and shall not include

water for any trade, manufacture or business, or for

building purposes, or for watering gardens, or for

fountains or for any ornamental or commercial

purposes;

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(60) “water-work” includes a lake, stream, spring,

well, pump, reservoir, cistern, tank, duct, whether

covered or open, sluice main-pipe, culvert, engine

and anything for supplying or used for supplying

water;

(61) “workshop” means any building, place or

premises, or any part thereof, not being a factory, to

or over which the employer of the persons working

therein has the right of access or control, and in

which, or within the compound or precincts of

which, any manual labour is employed or utilized

in aid of or incidental to any process, operation or

manufacturing for the following purposes:—

(i) the making of any article or part thereof;

(ii) the altering, repairing, ornamenting or

finishing of any article; or

(iii) the adapting for sale of any article.

9. Constitution of Corporation and division of

City into wards.— (1) The Corporation shall consist

of:—

(a) Thirty Councillors directly elected at ward

elections;

(b) Five nominated Councillors having special

knowledge or experience in municipal

administration, engineering, architecture,

archaeology, heritage, etc., nominated by the

State Government by a notification.

(2) The “Director of Municipal Administration”

with the approval of the State Government shall,

from time to time by notification in the Official

Gazette, specify for the City the number and

boundaries of the wards into which the City shall

be divided for the purpose of the ward election of

Councillors, and the number of Councillors to be

elected for each ward:

Provided that, the provisions made under sub-

section (1) or notification issued under sub-section

(2) shall not have effect until the expiry of the

duration of the existing term of the Corporation.

10. Reservation of seats.— (1) In the seats to be

filled in by election in the Corporation there shall

be seats reserved for persons belonging to the

Scheduled Castes, the Scheduled Tribes, Other

Backward Classes and women, as may be

determined by the State Election Commissioner, in

consultation with the Government;

(2) The seats to be reserved for the persons

belonging to the Scheduled Castes and the

Scheduled Tribes in the Corporation shall bear, as

nearly may be, the same proportion to the total

number of seats to be filled in by direct election in

the Corporation as the population of the Scheduled

Castes or, as the case may be, the Scheduled Tribes,

in the Corporation area bears the total population

of that area and such seats shall be allotted by

rotation to different wards in the Corporation:

Provided that, one-third of the total number of

seats so reserved shall be reserved for women

belonging to the Scheduled Castes or, as the case

may be, the Scheduled Tribes:

Provided further that, where only one seat is

reserved for Scheduled Castes, or, as the case may

be the Scheduled Tribes, then no seats shall be

reserved for women belonging to the Scheduled

Caste, or as the case may the Scheduled Tribes and

where only 2 seats are reserved for the Scheduled

Caste or, as the case may be, the Scheduled Tribes,

one of the 2 seats shall be reserved for women

belonging to the Scheduled Caste, or as the case

may be, the Scheduled Tribes.

(3) The seats to be reserved for persons belonging

to the category of Other Backward Classes shall be

twenty seven per cent of the number of seats to be

filled in by election in the Corporation and such

seats shall be allotted by rotation to different wards

in the Corporation:

Provided that, one-third of the total number of

seats so reserved shall be reserved for women

belonging to the category of Other Backward

Classes.

(4) One-third (including the number of seats

reserved for women belonging to the Scheduled

Castes, the Scheduled Tribes and the category of

Other Backward Class) of the total number of seats

to be filled in by direct election in the Corporation

shall be reserved for women and such seats shall

be allotted by rotation to different wards in the

Corporation.

(5) The reservation of seats (other than the

reservation for women) under sub-section (2) shall

cease to have effect on the expiration of period

specified in Article 334 of the Constitution of India.

12. Power of State Election Commissioner to issue

directions to prevent impersonation.— The State

Election Commissioner may, with a view to prevent

impersonation of electors at the time of election,

issue such directions, as he thinks fit, to the

presiding officers and such directions may include

instructing the electors to produce, at the time of

polling, the photo identity cards issued to them

under the provisions of the Representation of the

Peoples Act, 1951.

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15. Disqualifications of candidates.— No person

shall be eligible for election, as a Councillor if he—

(a) is not a citizen of India; or

(b) has been adjudged by a competent Court

to be of unsound mind; or

offence punishable under section 153A, or sub-

section (2) or (3) of section 505, of the Indian

Penal Code:

Provided that, such disqualification shall be

for a period of six years from the date of such

conviction; or

(d) has been convicted by a Court in India of

any offence involving moral, turpitude, unless a

period of six years has elapsed since the date of

such conviction; or

(e) has been dismissed from the service of the

Government for misconduct and has been

declared to be disqualified for employment in

the public service; or

(f) has been dismissed for misconduct from

the service of any municipal Corporation,

municipal committee, notified area of committee,

district council or local board and has been

declared by the State Government to be

disqualified for employment in the public service;

(g) has been so disqualified by or under any

law,—

(i) for the time being in force for the

purposes of elections to the Legislature of the

State:

Provided that no person shall be

disqualified on the ground that he is less than

twenty-five years of age, if he has attained the

age of twenty-one years;

(ii) made by the Legislature of the State of

“Goa”.

(h) holds any salaried office under or place of

profit of the Corporation or any other local

authority, while holding such office or place; or

(i) has directly or indirectly any share or

interest in any contract with, by or on behalf of

the Corporation while owning such share or

interest:

Provided that a disqualification under clause

(e), (f), or (i) may be removed by an order of the

State Government in this behalf.

Explanation:— A person shall not, by reason of

being a share holder in or a member of any

incorporate or registered company, be deemed to

be interested in any contract entered into between

the company and the Corporation.

(j) interferes or in any way acts prejudicial to the

interest of the Corporation or the State Government,

including by making attempts to stall or in any

way obstruct the performance of duties, functions

or powers exercised by any officials of the

Corporation or the State Government, including acts

of demolition of illegal structures.

59. Matters to be provided for by Corporation.—

(1) The Corporation shall make adequate provision

by any means or measures which it may lawfully

use or take, for each of the following matters,

namely:—

(a) lighting public streets, places and

buildings;

(b) planning for economic and social

development;

and promotion of ecological aspects;

(d) cleaning public streets, places, and sewers

and all spaces not being private property, which

are open to the enjoyment of the public, whether

such spaces are vested in the Corporation or not;

removing noxious vegetation; and abating all

public nuisances;

(e) disposing of night-soil and rubbish and, if

so required by the State Government, preparation

of compost manure, from night-soil and rubbish;

(f) complying with the provisions of the

Coastal Regulation Zone, Management Plan and

the laws, rules and regulations concerning or

dealing with environment protection and noise

pollution;

(g) regulating or abating dangerous or

offensive trades or practices;

(h) removing obstructions and projections in

public streets or places, and in spaces not being

private property, which are open to the

enjoyment of the public, whether such spaces

are vested in the Corporation or in the

Government;

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(i) establishing and managing cattle-pounds;

(j) securing or removing dangerous buildings

or places;

(k) acquiring and maintaining, changing and

regulating places for the disposal of the dead

and disposing of unclaimed dead bodies of

paupers;

(l) constructing, altering and maintaining

public streets, culverts and Corporation boundary

marks, latrines, urinals, drains, sewers and

providing public facilities for drinking water;

watering public streets and places;

(m) the management and maintenance, of all

municipal water-works and the construction and

maintenance of new works and means for

providing a sufficient supply of suitable water

for public and private purposes;

(n) the erection in proper and convenient

situations on municipal land of water closets,

closet accommodation, urinals and other

conveniences for the public and the maintenance

and the cleansing of the same;

(o) the construction and maintenance of public

markets and slaughter-houses and the regulation

of all markets and slaughter-houses;

(p) establishing and maintaining public

hospitals and dispensaries and carrying out other

means necessary for public medical relief;

(q) the maintenance of an ambulance service;

(r) naming streets and numbering houses;

(t) registering births and deaths;

(u) public vaccination;

(v) prevention of vagrancy; establishing and

maintaining poor-houses;

(w) taking measures to prevent the outbreak,

spread or recurrence of infectious diseases;

(x) the maintenance of a municipal office and

of all public monuments and other property

vested in the Corporation;

(y) provision of traffic signs;

(z) printing and publishing such annual

reports and returns on the administration of the

Corporation as the State Government may, by

general or special order, require the Corporation

to submit;

(z-1) the maintenance of public parks,

gardens, recreation grounds, public places and

open spaces in existence and vested in the

Corporation;

(z-2) fulfilling any obligation imposed by

this Act or any other law for the time being in

force;

(z-3) establishing and maintaining a farm

or factory for the disposal of sewage;

(z-4) any directions issued by the State

Government or the Collector of the district:

Provided however, the State Government may

by a notification or in matters provided for

hereunder or other laws vest or continue to vest

such functions, duties and obligations in such other

authorities or departments of the State Government

and in such matters, corporation shall ensure by

taking appropriate measures to act in aid of such

authorities or departments of the State Government.

(2) No suit for damages or for specific

performance shall be maintainable against the

Corporation or any officer or Councillor thereof, on

the ground that any of the duties specified in sub-

section (1) have not been performed.

219. Regulation of dangerous and offensive

trade.— Except in accordance with the provision of

this act, no person shall—

(a) store or keep in any premises any articles

mentioned in any bye-laws made under this Act

as dangerous or offensive, or as being, or likely

to be a nuisance to the public or dangerous to

life, health or property;

(b) store or keep in any premises the hide or

any part of the carcass of any animal afflicted at

the time of its death with infectious or contagious

disease; or

premises any trade, manufacture, industry or

operation mentioned in any rules under this Act

as dangerous to life, health or property or as

likely to create a nuisance, either from its nature

or by reasons of the manner in which or the

conditions under which the same may be carried

on:

Provided that nothing in this section shall

affect the provisions of the Indian Explosives Act,

1884, or the Petroleum Act, 1934.

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281. Laying railway, skybus or electrical telephone

poles.— (1) Without the previous permission in

writing of the Commissioner no person shall lay on,

under or above any public street any railway or

skybus or erect or lay any poles or cables or the

like, or operate the same.

(2) The Commissioner shall give such permission

in accordance with any general or special rules

which may be made by the State Government after

considering any representation made by the

Corporation.

(3) Nothing in this section shall be deemed to

affect any provision of the Indian Telegraph Act,

1885, the Indian Railways Act, 1890, or the Indian

Electricity Act, 1910.

293. Levelling, metalling, parking, etc., on streets.—

(1) If any street be not levelled, paved, lighted,

sewered, drained, channelled or flagged to the

satisfaction of the Commissioner he may, by a

written notice, require the owner or owners of the

street and the owners of the several premises

fronting or adjoining the said street or abutting

thereon, or to which access is obtained through

such street, or which will benefit by works executed

under this section, to contribute in such proportions

as he may direct to the cost of levelling, metalling,

tarring or asphalting, paving, lighting, sewering,

draining, channelling or flagging the same. (2) The

notice shall show:—

(a) the nature of the intended works;

(b) the estimated expenses thereof including

five percent for contingencies; and

each owner.

(3) Any person dissatisfied with the notice of the

Commissioner calling upon him to contribute

towards the cost may Appeal to the District Court,

North Goa at Panaji.

(4) Every such appeal shall be presented within

thirty days from the date of the receipt of the notice

issued under sub-section (1) and shall be

accompanied by a copy of the said notice.

(5) The provisions of the Indian Limitation Act,

1963, relating to appeals shall apply to every appeal

preferred under this section.

(6) On recovery of the full amount of the

estimated expenses, the Commissioner shall carry

out the work with all convenient speed.

(7) Any expenditure involved over and above the

amount so recovered shall be met from the

municipal fund; but if the actual cost of the work

as finally completed is less than the estimated cost,

the surplus shall be refunded to the contributors

proportionately to their contributions in all cases

where a refund would amount to not less than fifty

rupees.

(8) If no appeal is preferred under sub-section (3)

within the period specified in sub-section (4), or, if

an appeal is preferred and no effect is given to the

decision of the District Court affirming the order of

the Commissioner, the Commissioner may execute

the work mentioned in the notice referred to in

sub-section (1) and may recover the expenses

incurred in so doing from the owners in default in

the proportion specified in the said notice.

(9) The Commissioner may, in consultation with

the Police, from time to time, earmark such places

as he thinks fit to be the parking or halting places

or lots for vehicles on any part of a public street or

public place.

(10) The Commissioner may, charge such fees or

charges from any person for use of such place or lot

by him for parking or halting a vehicle for each day

or part thereof subject to such terms and conditions

as the Commissioner may think fit, with the

approval of the Corporation.

294. Power to declare streets when metalled, etc.,

public streets.— (1) When any street has had been

levelled, metalled, tarred or asphalted, paved, made

good, lighted, drained, channelled and flagged to

the satisfaction of the Commissioner, he shall, if so

required by the persons liable for the greater part

of the expenditure on such street, by notice put up

in any part of such street, declare the same to be

a public street. The said street shall thereupon

become a public street.

(2) The Commissioner may, at any time, by a

notice exhibited in any street or part of a street not

maintained by the Corporation, give intimation of

his intention to declare the same a public street

and, unless within one month next after such notice

is first exhibited the owner of the majority of owners

of such street or such part of street, lodges or lodge

objections thereto with the Corporation, the

Commissioner may, by a notice exhibited in such

street or part, declare the same to be a public street

vested in the Corporation.

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(3) Any person aggrieved by a notice under sub-

section (2) may appeal within thirty days from the

date the notice is first exhibited, to the District

Court of North Goa at Panaji, which shall give a

reasonable opportunity of being heard to the

appellant and the Corporation.

(4) The provisions of the Indian Limitation Act,

1963, relating to appeals shall apply to every appeal

preferred under this section.

321. Importing beggar.— Whenever the

Commissioner receives information that any person

within the limits of the City lives wholly or in part

on the proceeds of the begging of others, he may,

in writing inform a Magistrate, who shall deal with

such person as if the information received about

him was of the description mentioned in section

109 of the Code of Criminal Procedure, 1973, and for

the purposes of any proceedings under this section

the fact that a person lives as aforesaid may be

proved by evidence of general repute or otherwise.

350. Limitation of time.— Where no time is

prescribed by this Act for the presentation of an

application or appeal, such application or appeal

shall be presented, subject to the provisions of

section 5 of the Indian Limitation Act, 1963, within

thirty days after the date of the order on respect of

or against which the application or appeal is made:

Provided that if the application is an application

for revision to the High Court, the period of

limitation shall be ninety days.

351. Procedure in prosecution.— (1) No Court shall

take cognizance of any offence under this Act or

under any rule or bye-law made thereunder except

on a complaint signed by the Commissioner, or by

the officer in charge of a police station authorized

by the Commissioner in his behalf either generally

in regard to all such offences or particularly in

regard only to specific offences or offences of a

special class.

(2) Notwithstanding anything contained in the

Code of Criminal Procedure, 1973, it shall not be

necessary in respect of any offence punishable

under this Act to examine the complainant when

the complaint is presented in writing.

365. Councillors and Municipal Officers, etc., to be

deemed public servants.— Every officer or servant

in the employment of the Corporation whether for

the whole or part of his time, and every Councillor

of the Corporation shall be deemed to be a public

servant within the meaning of section 21 of the

Indian Penal Code, 1860 and for the purposes of the

Prevention of Corruption Act.

________

LA/LEGN/2024/1400

The following Bill which was introduced in

the Legislative Assembly of the State of Goa

on 2nd August, 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 Staff Selection Commission

(Second Amendment) Bill, 2024

(Bill No. 34 of 2024)

BILL

further to amend the Goa Staff Selection

Commission Act, 2019 (Goa Act 11 of 2019).

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 Staff Selection

Commission (Second Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 7.— In section 7

of the Goa Staff Selection Commission Act,

2019 (Goa Act 11 of 2019), in sub-section (8),

for the existing proviso, the following proviso

shall be substituted, namely:—

“Provided that where advertisements for

filling up of the sub-ordinate services/posts

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1030

were issued prior to the 8th day of January,

2022, the concerned Department may

conduct examination and complete the

selection process of such sub-ordinate

services/posts not later than 31st day of

October, 2024.”.

Statement of Objects and Reasons

The Bill seeks to amend section 7 of the

Goa Staff Selection Commission Act, 2019 (Goa

Act 11 of 2019) so as to further extend the

time limit upto 31st day of October, 2024 for

the Departments to complete the process of

conduct of the examination and selection for

filling up of the posts where advertisements

were issued prior to 8th day of January, 2022,

but the process of conducting examination

and selection for filling up of the posts has

not been completed.

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.

Assembly Hall,

Porvorim-Goa.

DR. PRAMOD SAWANT

2nd August, 2024.

Hon.Chief Minister, Goa.

Assembly Hall,

Porvorim-Goa.

NAMRATA ULMAN

2nd August, 2024.

Secretary (Legislature).

ANNEXURE

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

Extract of the Section 7 of the Goa Staff

Selection Commission Act, 2019

(Goa Act 11 of 2019)

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

Amendment of section 7.— In Section 7 of the Goa

Staff Selection Commission Act, 2019 (Goa Act 11 of

2019) after sub-section (7), the following sub-section

shall be inserted, namely:—

“(8) Notwithstanding anything contained in

this section, the Government Departments may,

after obtaining prior approval from the Department

of Personnel of the Government, conduct

examinations for selecting candidates for

appointment to sub-ordinate services/posts for a

period of one year from the date of commencement

of the Goa Staff Selection Commission

(Amendment) Act, 2021.”.

Assembly Hall,

Porvorim-Goa.

NAMRATA ULMAN

2nd August, 2024.

Secretary (Legislature).

________

LA/LEGN/2024/1401

The following Bill which was introduced

in the Legislative Assembly of the State of

Goa on 5th August, 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 Erection of Shacks on Public

Beaches (Regulation and Control)

Bill, 2024

(Bill No. 33 of 2024)

BILL

to provide for special regulation and control

of temporary and seasonal structures

permitted under Coastal Regulation Zone

Notification and for the matters connected

therewith or incidental thereto.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

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1031

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 Erection of Shacks

on Public Beaches (Regulation and Control)

Act, 2024.

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

of Goa.

(3) It shall be deemed to have come into

force on the 15th day of March, 2024.

2. Definitions.— (1) In this Act, unless the

context otherwise requires:—

(a) “Allottee” means any individual,

permitted

Goa

Coastal

Zone

Management Authority to erect temporary

and seasonal structures permitted under

CRZ Notification;

(b) “Beach Site” means a place of defined

dimensions, demarcated on the site plan

and indicated in the License, issued by the

Department of Tourism.

temporary structure of such material, size

and design and for such activities on the

public beach as the Government may, by

notification in the Official Gazette or the

Goa Shack Policy, specify;

(d) “Central Legislation” means all acts,

ordinances, notifications and rules, enacted

by the Parliament;

(e) “Director” means the Director of

Tourism appointed by the Government of

Goa; or his delegate;

(f)

“Government”

means

the

Government of Goa;

(g) “Goa Shack Policy” means a policy,

notified by the Government of Goa, laying

down the terms and conditions for erection

of temporary seasonal structures, beach

shacks/deck-beds/umbrellas/huts and

other structures on stretches of public

beaches;

(h) “Temporary and seasonal structures”

shall mean any structure permitted by the

Goa Coastal Zone Management Authority

under the Coastal Regulation Zone

Notification;

(i)“Tourist Season” means the tourist

season

commencing

from

15th

September and ending on 31st of May of

every calendar year or such other period

which may be specified by the Government

in the Goa Shack Policy.

(2) The words and expressions used but

not defined in this Ordinance, shall have the

meanings assigned to them in The Goa

Registration of Tourist Trade Act, 1982

(Series I No. 36 of 1982), the Goa Fire Force

Act, 1986 (Series I No. 31 of 1986), the Goa

Shops and Establishments Act, 1973 (Series I

No. 31 of 1973), and the Goa State Shack Policy

2023-26 (Series I No. 29 of 2023), as may be

amended/notified by the Government of Goa,

from time to time.

CHAPTER II

Application and Operational Regulations

3. Application of the Act.— This Act shall

apply to such beach shacks which are erected

on public beaches under the Goa Shack

Policy and all other temporary structure

permitted by the Goa Coastal Zone

Management Authority in terms of the Coastal

Regulation Zone Notification on public or

private properties.

4. Licensing of Shacks and Temporary and

Seasonal Structures.— (1) Notwithstanding

anything contained in The Goa Town and

Country Planning Act, 1974 (Series I No. 34

of 1974), the Goa (Regulation of Land

Development and Building Construction) Act,

2008 (Series I No. 5 of 2008), the Goa

Panchayat Raj Act No. 14 of 1994, or any other

State law for the time being in force, or order,

judgment or decree of the Court, the erection

and operation of the beach shacks on the

beach site under the Goa Shack Policy and

the temporary and seasonal structures

permitted by the Goa Coastal Zone

Management Authority shall not require any

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1032

construction license or a technical clearance

under any of the foregoing statutes but shall

obtain following permissions;

(a) A permission to erect a temporary

and seasonal structure from the Director of

Tourism.

(b) No Objection Certificate from the

Village Panchayat or Municipality or City

Corporation of Panaji, within whose

jurisdiction the shack or temporary and

seasonal structure is being erected.

Panchayat or Municipality or City

Corporation of Panaji, within whose

jurisdiction the shack is being erected.

(d) No Objection Certificate issued by the

concerned Health Officer within whose

jurisdiction the shack, temporary and

seasonal structure is being erected.

(e) No Objection Certificate or a

certificate certifying the compliance with

the Goa, Daman and Diu Fire Force Act,

1986 (Series I No. 31 of 1986) issued by the

Directorate of Fire and Emergency Services.

(f) Excise license issued by the Goa

Excise Duty Act, 1964 (No. 5 of 1964).

5. Application for grant of permission

before

the

Director

Tourism.—

Notwithstanding anything contained in the

Goa Town and Country Planning Act, 1974

(Series I No. 34 of 1974), the Goa (Regulation

Land

Development

and

Building

Construction) Act, 2008 (Series I No. 5 of 2008),

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

1994 or any other State law for the time being

in force, or order, judgment or decree of the

Court, the Director of Tourism shall while

granting permission under clause (a) of

sub-section (1) of Section 4 above shall ensure

the following requirements:

(i) For temporary and seasonal structure

other than the beach shacks permitted by

Tourism Department, coverage of a plot

shall not exceed 33 per cent of the total

plot area.

(ii) the structure must have access of at

least 3 meters.

(iii) the height of such temporary

structure should not exceed 9 meters.

(iv) a minimum setback of 1 meter is

maintained from the boundary of the plot

on all sides:

Provided, that the requirement of the

setback may be dispensed with on the side

where there is either a compound wall or

a dead wall or where the adjoining plot

belongs to the allottee have 3 mts. setback

on such side.

6. Permissions under the Central Legisla-

tions.— Notwithstanding anything contained

in Section 4, all the permissions, consents or

licenses as may be required to be obtained,

for the purpose of erection or operation of a

beach shack under provisions of any Central

Legislation shall be mandatorily obtained by

the allottee for each tourist season, before

commencement of operation.

7. Condition Precedent.— (1) No allottee of

a beach shack or a temporary and seasonal

structure shall commence the operations or

cause to operate the beach shack in

whatsoever

manner,

unless

all

the

permissions, and/or licenses, as specified

under Section 4 or Section 5, are obtained

and all the terms and conditions contained

therein are satisfied and certified as such by

the Director under sub-section (2).

(2) The Director or his delegate, upon being

intimated by the allottee in writing, shall

within a period of 15 days from the date of

such intimation, issue a certificate, recording

therein his satisfaction that the conditions

required to be fulfilled by the allottee under

the shack policy, and/or the conditions

contained in any of the licenses or

permissions specified in Section 4, are

complied with and fulfilled:

Provided, that no allottee shall commence

operation of the beach shack or temporary

and seasonal structure unless he, has

obtained the permissions, consents or

licenses in terms of section 5.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1033

CHAPTER III

Dismantling of Shack and Penalty for violation

8. Dismantling of Shack.— The allottee of a

beach shack, permitted to operate the shack

under the Goa Shack Policy and in terms of

the provisions of this Act, shall dismantle such

beach shack and restore the beach site to its

original condition, on or before 10th of June

of each year, failing which the Village

Panchayat or the Municipality or City

Corporation

Panaji,

whomsoever

concerned, shall cause to remove such shack

at the cost of the allottee within a period of

one week thereafter by exercising powers

under Section 6 of the Goa Tourist Places

(Protection and Maintenance) Act, 2001:

Provided that, for each day’s delay in

dismantling the shack beyond 10th of June

of each year, the allottee shall be liable to

pay fine at the rate of Rs. 5,000/- per day, to

the Department of Tourism, till such period

the shack is dismantled and the beach site is

restored to its original position either by the

allottee or by the Village Panchayat or the

Municipality or City Corporation of Panaji.

9. Penalty.— (1) Subject to the provisions

of this Act, the allottee shall not cause any

nuisance, pollution or breach of any law or

any condition imposed by law, in the process

of erection and operation of the beach shack.

(2) Any breach of sub-section (1) by an

allottee shall, notwithstanding any action that

is contemplated/initiated against the allottee

under the respective statute, also make the

allottee liable to pay a fine, which may extend

to Rs. 3,00,000/-.

CHAPTER IV

Miscellaneous

10. Powers and functions.— The Director

or his delegate shall be the competent

authority to enforce the provisions of this Act,

including imposition of penalties, compensation,

etc. as payable under this Act.

11. Effect of other State laws.— Notwith-

standing anything contained in any other

State legislation, when the allottee has

obtained all permissions referred to in

Sections 4 and 5 and has been issued a

certificate in terms of Section 6, the erection

or operation of the beach shack shall be

deemed to be validly undertaken or carried

out, even if any other permissions

contemplated under any other State

legislation has not been obtained.

12. Removal of Difficulties.— Subject to the

provisions of this Act, all other terms and

condition contained in the Goa Shack Policy,

as notified by the Government from time to

time, shall apply and shall be binding on all

persons desiring to erect and operate a beach

shack on public beaches.

13. Repeal and Saving.— (1) The Goa

Erection of Shacks on Public Beaches

(Regulation and Control) Ordinance, 2024

(Ordinance No. 3 of 2024) is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the said

Ordinance shall be deemed to have been done

or taken under this Act.

Statement of Objects and Reasons

1. The Goa Erection of Shacks on Public

Beaches (Regulation and Control) Bill, 2024

aims to establish specific regulations for the

erection and management of temporary and

seasonal structures on public beaches, as

permitted under the Coastal Regulation Zone

Notification. Currently, there are no dedicated

statutes governing the erection, regulation,

or management of such structures in

compliance with the Coastal Regulation Zone

Notification.

2. The Bill applies to beach shacks

permitted by the Department of Tourism and

erected on public beaches under the Goa

Shack Policy, as well as other temporary

structures permitted by the Goa Coastal Zone

Management Authority on public or private

properties in accordance with the Coastal

Regulation Zone Notification.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1034

3. The permissions required under this Bill

include:

a) Permission to erect a temporary and

seasonal structure from the Director of

Tourism.

b) No Objection Certificate from the

Village Panchayat, Municipality, or City

Corporation of Panaji.

c) Trade license issued by the Village

Panchayat,

Municipality,

City

Corporation of Panaji.

d) No Objection Certificate issued by the

concerned Health Officer.

e) No Objection Certificate or a certificate

certifying compliance with the Goa, Daman

and Diu Fire Force Act, 1986, issued by the

Directorate of Fire and Emergency Services.

f) Excise license issued under the Goa

Excise Duty Act, 1964.

4. The Bill also provides for permissions for

temporary and seasonal structures other than

those permitted by the Tourism Department.

Furthermore, the Bill mandates that all

permissions, consents, or licenses required

for the erection or operation of a beach shack

under provisions of any Central Legislation

must be obtained by the allottee for each

tourist season.

5. The dismantling of beach shacks is

facilitated to restore beach sites to their

original conditions on or before the 10th of

June each year. Additionally, penalties will

be imposed for each day beyond this deadline

where dismantling is not carried out.

6. Once the allottee has obtained all permi-

ssions as specified in the ordinance, the

erection or operation of the beach shack shall

be considered valid, even if other permissions

required under State legislation have not

been obtained.

7. In accordance with the provisions of this

Bill, all terms and conditions specified in the

Goa Shack Policy, as notified by the

Government from time to time, shall apply

and bind all individuals seeking to erect and

operate a beach shack on public beaches.

The Bill seeks to achieve the above

objectives.

Financial Memorandum

Certain provisions in this Bill relating to

powers, duties and functions of the Director

of Tourism involve financial implications

which cannot be quantified at this stage.

Memorandum Regarding Delegated

Legislation

The Bill does not seek to provide for any

rules or regulations. The matters in respect

of which notifications may be issued in

accordance with the provisions of the Bill are

matters of procedure and detail and it is not

practicable

provide

for

them

the Bill itself.

Assembly Hall,

Porvorim, Goa.

SHRI ROHAN KHAUNTE

1st August, 2024.

Minister for Tourism.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

1st August, 2024.

Assembly of Goa.

_______

LA/LEGN/2024/1402

The following Bill which was introduced

in the Legislative Assembly of the State of

Goa on 6th August, 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 (Verification of Tenants)

Bill, 2024

(Bill No. 35 of 2024)

BILL

to provide for collection and verification of

details of the persons occupying the State

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1035

of Goa either on rent or for other

consideration so as to obtain timely

information of such persons from security

point of view and for the matters connected

therewith and incidental thereto.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the Goa (Verification

of Tenants) 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.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a)

“Government”

means

the

Government of Goa;

(b) “owner” means owner of premises;

building, any structure either temporary

or permanent, or any part thereof, which

is let for use as a residence, and includes

the garden, ground and out-houses, if any,

appurtenant to the same; but does not

include a room in a hotel or lodging house

or guest house which is registered under

the Goa Registration of Tourist Trade Act,

1982 (Goa Act 10 of 1982);

(d) “prescribed” means prescribed by

the rules made under this Act;

(e) “tenant” means a person occupying

premises on rent or for other consideration.

3. Maintenance of record by owner.— (1)

Every

owner

shall,

before

allowing

accommodation to any tenant, in the State of

Goa, verify his bonafides by obtaining and

inspecting photo identity, such as election

card, driving license, Aadhaar card, passport,

or such other documents as may be specified

by the Government by notification in the

Official Gazette.

(2) Every such owner shall maintain record

of such tenant and submit such information,

in such form and in such manner and to such

officer, as prescribed.

4. Inspection of records.— The police officer

not below the rank of Head constable or such

other officer as may be specified by the

Government by notification in the Official

Gazette shall be entitled to inspect at any

time, records required to be maintained under

section 3.

5. Non-maintenance and non-submission of

information shall constitute an offence.—

Failure on the part of the owner to maintain

and submit the information in the manner as

required under the provisions of section 3,

shall constitute an offence punishable with

fine which may extend to Rs. 10,000/- (Rupees

ten thousand only):

Provided that an offence punishable under

this section may be compounded by the sub-

divisional

magistrate

within

whose

jurisdiction the premises is situated, on

payment to the credit of the Government a

sum not exceeding Rs. 10,000/- (Rupees ten

thousand only).

Power

Government

give

directions.— The Government may give

direction to any Government department or

agency, local authority or any other authority

or any person, under this Act with regard to

collection and verification of proof of identity

of tenants occupying premises in the State of

Goa and maintenance of record thereof and

such Government department or agency,

local authority or authority or person shall be

bound to comply with such direction.

7. Other laws not affected.— The provisions

of this Act are in addition to, and not in

derogation of the provisions of any other law

for the time being in force.

8. Protection of action taken in good faith.—

No suit, prosecution or other legal

proceedings shall lie against the Government

or the local authority or any officer or other

employee of the Government or any other

person authorized by the Government for

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1036

anything which is in good faith done or

intended to be done in pursuance of this Act

or the rules made thereunder.

9. Power to make rules.— The Government

may, subject to the condition of previous

publication, make rules for the purpose of

carrying out the provisions of this Act.

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

difficulty arises in giving effect to the

provisions of this Act, the Government may,

by order, published in the Official Gazette,

make such 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 the 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 collection and

verification of details of the persons occupying

premises in the State of Goa either on rent or

for other consideration so as to enhance the

security of the citizens of the State of Goa

and to prevent breach of peace and for

maintenance of public order.

Financial Memorandum

No Financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

Clause 1(3) of the Bill empowers the

Government to appoint a date, by notification

in the Official Gazette, for bringing the Act

into force.

Clause 3(1) of the Bill empowers the

Government to issue notification for

specifying additional categories of documents

for establishing the identity proof of the

tenants.

Clause 3(2) of the Bill empowers the

Government to make rules for specifying the

form, manner and the officer to whom the

information to be submitted.

Clause 4 of the Bill empowers the

Government to issue Notification to specify

other officers who may be authorized to

inspect the records pertaining to tenants

which are required to be maintained by the

owner of house.

Clause 9 of the Bill empowers the

Government to frame rules for the purpose of

implementing the provisions of the Act.

Clause 10 of the Bill empowers the

Government to issue order for removing

difficulty encountered during implementation

of the Act.

These delegations are of normal character.

Porvorim, Goa.

DR. PRAMOD SAWANT

6th August, 2024.

Home Minister.

Assembly Hall,

NAMRATA ULMAN

Porvorim, Goa.

Secretary to the Legislative

August, 2024.

Assembly of Goa.

______

LA/LEGN/2024/1403

The following Bill which was introduced

in the Legislative Assembly of the State of

Goa on 6th August, 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. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1037

The Goa Land Revenue Code

(Amendment) Bill, 2024

(Bill No. 36 of 2024)

BILL

further to amend the Goa Land Revenue

Code, 1968 (Act No. 9 of 1969).

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 Land Revenue

Code (Amendment) Act, 2024.

(2) It shall come into force at once.

2. Amendment of section 32.— In section

32 of the Goa Land Revenue Code, 1968 (Act

No. 9 of 1969),

(i) in sub-section (1),—

(a) for the words “If an occupant of land

or a tenant of such land”, the expression

“If an occupant of land or a tenant of land,

which is certified by the Director of

Agriculture as not covered under the

definition of the term “agricultural land”

as defined in the Goa Restriction on

Transfer of Agricultural Land Act, 2023

(Goa Act 18 of 2023)” shall be substituted;

(b) the following explanation and note

shall be inserted at the end, namely:—

“Explanation.— For the purposes of this

section the “Director of Agriculture”

means the Director of the Directorate of

Agriculture to the Government of Goa.

Note:— The application for permission

for conversion of use of land from one

purpose

another

under

this

sub-section shall be accompanied with a

certificate issued by the Director of

Agriculture certifying that the land is

not covered under the definition of the term

“agricultural land” as defined in the Goa

Restriction on Transfer of Agricultural Land

Act, 2023 (Goa Act 18 of 2023) and also a

NOC from the Director of Environment”;

(ii) in sub-section (2), in clause (c), for the

expression “refuse the permission applied

for,”, the expression “refuse the permission

applied for, if the certificate issued by the

Director of Agriculture certifying that the land

is not covered under the definition of the term

“agricultural land” as defined in the Goa

Restriction on Transfer of Agricultural Land

Act, 2023 (Goa Act 18 of 2023) is not produced

by the applicant, or” shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend section 32 of the

Goa Land Revenue Code, 1968 (Act No. 9 of

1969) so as to prevent the agricultural land

as defined under the Goa Restriction on

Transfer of Agriculture Land Act, 2023 (Goa

Act 18 of 2023) from being converted and

used for other purposes, to protect agriculture

and promote cultivation.

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.

(ATANASIO MONSERRATE)

6th August, 2024.

Minister for Revenue.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa.

Secretary to the

6th August 2024.

Legislative Assembly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 20

(SUPPLEMENT No. 2)

17TH AUGUST, 2024

1038

ANNEXURE

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

Extract of the Goa Land Revenue Code, 1968

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

32. Procedure for conversion of use of land from

one purpose to another.

(1) If an occupant of land or a tenant of such

land–

(a) which is assessed or held for the purpose

of agriculture wishes to use it for a non-

agricultural purpose, or

(b) where land is assessed or held for a

particular non-agricultural purpose, wishes to

use it for another non-agricultural purpose, or

agricultural purpose for which it is assessed but

in relaxation of any of the conditions imposed at

the time of grant of land or permission for such

non-agricultural purpose, such occupant or

tenant shall, with consent of the tenant or, as

the case may be, of the occupant, apply to the

Collector for permission in accordance with the

form prescribed.

(2) The Collector, on receipt of an application,—

(a) shall acknowledge the application within

seven days:

(b) may, unless the Collector directs otherwise,

return the application if it is not made by the

occupant or, as the case may be, the tenant or if

the consent of the tenant, or as the case may be,

of the occupant has not been obtained, or if it is

not in accordance with the form prescribed;

permission on such terms and conditions as he

may specify subject to any rules made in this

behalf by the Government; or refuse the

permission applied for, if it is necessary so to do

to secure the public health, safety and

convenience or if such use is contrary to any

scheme for the planned development of a village,

town or city in force under any law for the time

being in force and in the case of land which is

to be used as building sites in order to secure in

addition that the dimensions, arrangement and

accessibility of the sites are adequate for the

health and convenience of the occupiers or are

suitable to the locality; where an application is

rejected, the Collector shall state the reasons in

writing of such rejection.

(3) The Collector shall take a decision on the

within a period of sixty days from the date of receipt

of the application and in case of his failure to do so,

the person shall have the right to make an appeal

to the Secretary (Revenue) to the Government who

shall dispose of the appeal within a period of thirty

days from the date of filing of appeal).

(4) The person to whom permission is granted.

[*] under this section shall inform the Mamlatdar in

writing through the village accountant of the date

on which the change of user of land commenced,

within thirty days from such date.

(5) [If the person fails to inform the Mamlatdar,

within the period specified in sub-section (4), he

shall be liable to pay, in addition to the non-

agricultural assessment, such fine as the

Government may, by notification in the Official

Gazette, specify, from time to time.]

(6) (i) For the purpose of conversion, the land in

the State of Goa shall be categorized as below:—

“a” Category: Coastal Panchayat areas and

areas of five major towns

(b) “B” Category areas: 1.5 times of the rate

specified

below:

Provided that no such fees shall be leviable

in cases where sanad is granted for the purpose

of churches, temples, mosque, gurudwaras:

[Provided further that when the land to be

used for the purpose of sports, health, education,

charitable or cultural institutions, housing by a

co-operative housing society formed by the

Government employees or the accredited

journalists registered with the Directorate of

Information and Publicity, Government of Goa,

the Government may, by notification in the

Official Gazette, exempt from payment of said

fees.]

“(6A) The Government may, by notification in

the Official Gazette, amend any entry in the Table

specified in clause (ii) of sub-section (6) and

thereafter such Table shall be deemed to have been

amended accordingly.

(6B) Every notification issued under sub-section

(6A) shall be laid as soon as may be after it is made

on the table of the Legislative Assembly while it

is in session for a total period of thirty days which

may be comprised in one session or in two

successive sessions, and if, before the expiry of the

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session in which it is so laid or the session

immediately following, the Legislative Assembly

agrees in making any modification in the

notification or the Legislative Assembly agrees that

the notification should not be made and notify

such decision in the Official Gazette, the

notification shall from the date of publication of

such decision have effect only in such modified

form or to be of no effect, as the case may be, so

however that any such modification or annulment

shall be without prejudice to the validity of

anything previously done or omitted to be done

under that notification.]

(7) It shall be lawful for the Collector, either on

his own motion or on the application of a person

affected by the error to direct at any time the

correction of any clerical or arithmetical error in

the sanad arising from any accidental slip or

omission.

___________

LA/LEGN/2024/1404

The following Bill which was introduced

in the Legislative Assembly of the State of

Goa on 6th August, 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 Legislative Diploma No. 2070

(Amendment) Bill, 2024

(Bill No. 37 of 2024)

BILL

further to amend the Legislative Diploma

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

to the State of Goa.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fifth Year of the

Republic of India as follows:—

1. Short title and commencement.— (1)

This Act may be called the Goa Legislative

Diploma

No.

2070

dated

15-4-1961

(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 article 30.— In article 30

of the Legislative Diploma No. 2070 dated

15-4-1961 (hereinafter referred to as the

“principal Code”), in clause (4) after

sub-clause (gg) the following sub-clause shall

be inserted, namely:—

“(ggg) granting no objection certificate

for access to any plot of land or license to

use any land belonging to the Comunidade

for any commercial festival event.”.

3. Insertion of new article 41-A.— After

article 41 of the principal Code, the following

article shall be inserted, namely:—

“Art. 41-A- In case,–

(a) any component has filed or files a

legal proceeding to claim any right in land,

of the Comunidade or ownership of which

is claimed by the Comunidade; or

(b) a Comunidade has filed a legal

proceeding against any component for

encroachment done, or illegal construction

carried out, by him on the land of

Comunidade or for right of title to land

claimed by the Comunidade and such

component has been declared by an order

of any legal forum to have encroached

upon land of a Comunidade or carried out

any illegal construction on Comunidade

land,–

(i) a component referred at (a) above

shall not be eligible to contest election

to any post in the managing committee

of such Comunidade and in case he is

holding any post in the managing

committee, he shall cease to be member

and from the date of filing of such legal

proceeding he shall be deemed to have

vacated his office.

(ii) a Component referred at (b) above

shall be permanently barred from

contesting election to, or holding, any

post in the managing committee of any

Comunidade. If such component is

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holding any post in the managing

committee, from the date of such order

he shall, cease to be a member and,

deemed to have vacated his office.

Any stay order or interim relief in pending

appeal or revision or writ petition or in any

further legal proceeding, obtained by the

component shall not entitle him to contest

the election to the managing committee of

any Comunidade.”.

4. Insertion of new article 181-A.— After

article 181 of the principal Code, the

following article shall be inserted, namely:—

“Art. 181-A.— (1) Notwithstanding

anything contained in this code, in the

event a Comunidade is unable to hold

election of the members of managing

committee within the time limit specified

in article 47 due to non-constitutional and

non-deliberation of the Comunidade as per

the

provisions

article

34,

the

administrator shall after holding such

inquiry as he deems fit declare such

Comunidade as ‘comunidade in default’ by

issuing an order upon expiry of 60 days

from the date of such time limit as specified

in article 47.

(2) The Order issued under clause (1)

shall be intimated to the concerned

Comunidade and also be published

immediately in the Official Gazette within

15 days of its issuance and Administrator

shall immediately submit a copy of the

Order to the Government. Cost of

publication in the Official Gazette shall be

paid

out

funds

concerned

Comunidade.

(3) If

any

component

such

Comunidade is aggrieved by such order

then he may file an appeal to the

Government within 30 days from the date

of publication of such order in the Official

Gazette.

(4) The Government shall, after hearing

appellant and the administrator, decide the

appeal as expeditiously as possible and

within 60 days from the date of presentation

of such appeal and the decision of the

Government thereon shall be final.

(5) Upon issuance of the Order of the

administrator under clause (1), and subject

to decision of the Government under clause

(4) in appeal, if any, the Government shall

appoint an officer of the rank of Mamlatdar/

/Jt. Mamlatdar to be a custodian for the

concerned Comunidade for the respective

triennium.

(6) The custodian appointed under

clause (5) shall exercise all powers and

discharge all functions and duties of the

managing committee of such Comunidade

under the Code.

(7) Against any decision of the custodian

appointed under clause (5), a component

of such Comunidade may prefer an appeal

to the respective administrator as if such

decision is of a managing committee and

all the provisions as applicable to such

appeals shall apply to appeals under this

clause.

(8) Any decision relating to any matter

which need to be brought before the

Government for prior approval in terms of

clause (4) of article 31, shall be applicable

to every such decision of the custodian.

(9) Notwithstanding anything contained

in this Code, the Government shall have

power to, either suo moto or otherwise,

review a decision of the custodian, or the

decision of the administrator in appeal

against a decision of the custodian under

clause (7):

Provided that if the Government

exercises such suo moto power, the

administrator shall not consider any issue

arising out of such decision of the

Custodian which the Government, is

seized of or has decided:

Provided further that no such suo moto

power shall be exercised after a period of

one year from the date of such decision

which is sought to be reviewed.”.

5. Insertion of new Chapter IVA.— After

Chapter IV of the principal Code, the

following chapter shall be inserted, namely:—

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“CHAPTER IV A

Grant of Licence

Art. 316-A— A Comunidade may grant

licence to use its land or any portion thereof

for commercial festival event or non-

commercial event upon an application

made by any person in the prescribed form

to the administrator and upon payment of

non-refundable processing fee to the

administrator as prescribed and licence

fees as decided by the concerned

Communidade.

Explanation.— Commercial event shall

mean any event for which admission/entry

fees are charged or levied. The mere fact

that free passes are also provided it shall

not make such event a non-commercial

event.

Art. 316-B— Any request for grant of

licence under article 316-A shall be

decided by the managing committee of the

Comunidade.

Art. 316-C— After receipt of application

under article 316-A the administrator shall

carry out preliminary examination of such

application and within 48 hours of its

receipt, he shall forward such application

with its annexures to the concerned

Comunidade.

Art. 316-D— Upon receipt of the

application, the managing committee shall

call for a Special General Assembly/General

Body Meeting to be held within 30 days

from the date of receipt of the application

from the administrator and place the

application before the General Assembly/

/General Body for appropriate decision.

Art. 316-E— In the event the General

Assembly/General Body decides in favour

of the request, the managing committee

shall immediately within seventy-two

hours, inform the concerned administrator

of such decision by enclosing copy of the

minutes of the meeting and Resolution of

the General Assembly/General Body by

clearly specifying therein the licence fees

to be payable to the Communidade.

Art. 316-F— Upon receipt of the

intimation under article 316-E, the

administrator shall peruse the resolution

and make a report and forward the same

to the Government within four days from

the receipt of such intimation.

Art 316-G— Upon receipt of the report

of the administrator under article 316-F, the

Government shall consider the resolution

of the General Assembly/General Body of

the Comunidade and the report of the

administrator and by taking into account

the interest of the Comunidade and such

other matters as deemed fit, may approve

the request for grant of licence to use land

belonging to Communidade or any portion

thereof for commercial event.

Art. 316-H— The grant, if any, made

under this Chapter, shall be on payment of

licence fees not below the rate as

prescribed by the Government.

Art. 316-I— No communication granting

the license shall be issued by the

Comunidade,

unless

the

applicant

produces a copy of the receipt of the

payment of the license fee in favour of the

Comunidade and also of the administrative

fee @20% in favour of the concerned

Administrator of Comunidades”.

6. Amendment of article 324.— In article

324 of the principal Code, for the words

“construction of houses”, the expression

“construction of houses and when only

applied for on auction, for construction of

commercial or commercial-cum-residential

buildings” shall be substituted.

7. Amendment of article 326.— In article

326 of the principal Code.—

(i) for the words “for construction of house”,

wherever they occur, the expression “for

construction of house or commercial or

commercial-cum-residential buildings” shall

be substituted;

(ii) in § 2, the following proviso shall be

inserted, namely:—

“Provided that in case of an application for

grant on auction, such bigger area shall not

exceed ten thousand square meters.”.

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8. Amendment of article 334-C.— In article

334-C of the principal code,—

1. the existing provision shall be numbered

as clause (1);

2. after clause (1) so numbered, the

following clause shall be inserted, namely:—

“(2) The procedure to be followed for

grant of land under clause (1) shall be such

as prescribed by the Government.

(3) The land granted on long lease

under clause (1) shall be deemed to be

land granted as emphyteusis under this

Code.”.

9. Insertion of new article 334-D.— After

article 334-C of the principal Code, the

following article shall be inserted, namely:—

“334-D-If a grant has been made of any

Comunidade land to any religious

institution, whether a Mazania of a temple

or a temple or Fabrica of a Church or a

Church, or any religious trust, without

payment of any foro and such land is held

legally by such grantee for more than fifty

years, then such land shall stand vested in

such grantee absolutely and without any

encumbrance and the Comunidade shall

be divested of its rights in or upon the said

land.”.

10. Insertion of a new article 337-A.— After

article 337 of the principal Code, the following

article shall be inserted, namely:—

Art. 337-A— (1) Notwithstanding

anything contained in this Code, upon

taking provisional possession in terms of

article 335, if the allottee who has procured

the plot on auction, offers to redeem the

entire foro (ground rent), by paying twenty

annuities in one instalment, but not before

the payment of the first annual foro, then

upon application of such allottee to the

administrator and upon tendering the

entire twenty annuities in one instalment

in favour of the Comunidade, the

administrator shall forward the application

with the amount to the concerned

Comunidade.

(2) Upon receipt of the application with

the amount, the Comunidade shall

immediately credit the amount into its

account and within a period of fifteen days

from date of receipt of the application issue

appropriate receipt to the allottee and hand

over definitive possession of the plot to such

allottee in accordance with the provisions

of this Code.

(3) Upon the handing of the definitive

possession and the redemption of the foro

as aforesaid, the allottee shall be entitled

to all rights, benefits and privileges as

available to such allottee who has been

handed over definitive possession after

redeeming the ground rent.”

Statement of Objects and Reasons

1. The Comunidades being age old

Institutions are often under attack from some

of its own members who get themselves

elected as members of the Managing

Committee and then grab lands of the

Comunidade. The Comunidades need to be

protected from such land grabbers.

2. There are also certain matters required

to be tackled in the grant of license of land

for commercial events, so that the General

Assembly/General Body takes the decision

and the Government, exercising tutelage may

approve in the best interests of the

Comunidade. The base minimum rate needs

to be prescribed, so that the Comunidade will

be assured of a guaranteed revenue.

3. The amendment proposed in this Bill to

Section 50 of the Code, is to safeguard the

interests of the Comunidade. It has come to

the notice of the Government that there are

several components who get themselves

elected as members of the Managing

Committee and being in that position,

manipulate legal proceedings or even initiate

legal proceedings with an intention of

grabbing land of the Comunidade. There is a

need to put an end to such kind of

malpractices which deprives and robs the

Comunidades of its lands by such

mischievous elements. It is with this intent

that it is proposed to debar such persons

having litigations in respect to claim for land

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by the component against such Comunidade

or by the Com unidade against such

component, from contesting elections when

order is passed against such component. Also,

it is proposed to ensure that such

components who have grabbed lands of such

Comunidades, are not made or elected

members of the Managing Committee of any

Comunidade. Hence it is proposed to debar

such members/components from contesting

elections of any Comunidade after the

decision passed by legal forum. Also, it is

proposed that even despite the fact that a

stay may be obtained by such component

during the pendency of an appeal or Revision

Petition or Writ Petition or any further appeal,

the effect to continue to disqualify such

component from contesting.

4. Some Comunidades are ‘in default’ since,

despite having list of members/Components/

virtue of Sole § of Article 52, the previously

elected or appointed committee is entitled to

remain in office until they are legally

substituted. This may not be healthy to permit

the same Managing Committee to continue.

Hence a new article being introduced to

appoint a Custodian, who will replace the

Managing committee for the Triennium, but

shall be subject to same rigors as a Managing

Committee with checks and balances as to

the functioning of such Custodian.

5. Chapter IVA containing Article 316-A to

316-I is introduced to enable Comunidades

to be transparent of the decisions by which

lands are granted on license for commercial

events which hitherto were being doled out

by Managing Committees, without the

knowledge of its components, with allegations

that decisions were taken which were not in

the best interests of the Comunidade. So also,

whilst recognising that a Comunidade is a

private owner of its properties, yet, it is

desirable to prescribe fees which may be

levied, which shall be the base amount,

leaving a Comunidade to charge any higher

fee, which in either case, should not be

detrimental to the interests of its components,

in an absolute transparent manner.

6. Article 324 of the Code provides for grant

of land on aforamento or emphyteusis for

cultivation of vegetables or for rice or for

construction of houses. Since Article 324 of

the Code is an enabling provision, for grant

of land for the above purposes, considering

that there is no provision to permit grant of

land for commercial or commercial-cum-

residential buildings only if applied for on

auction, amendment is made to enable such

grant.

7. Amendment to Article 326 of the Code,

is consequential amendment. In addition, the

proviso is added, to provide a cap on the

area of the allotment which may be made, as

the existing provision, gives unfettered right

to grant a plot of any size.

8. Article 334-C is proposed to be amended

to provide legal status and strength to the

grant of a permanent lease by declaring it an

emphyteusis as available under the Legislative

Diploma No. 2070 dated 15-4-1961.

9. Article 334-D is proposed to be

introduced to give a finality to the grants of

land(s) legally conceded by to religious

entities which have been granted gratis,

legally held for more than fifty years, whilst

still holding ownership of the land due to the

impossibility of redemption by virtue of the

fact that no foro is made payable.

10. The scheme as existing in Chapter VI

of the Code, provides for payment of foro

annually and for the provision of redemption

of the foro, after obtaining definitive

possession. However, in case of an auction of

the plot of land, if such allottee is ready and

willing to pay the entire foro (ground rent)

and the twenty time annuities in one

instalment, there should be no bar to such

action and the definitive possession should

be handed over to the allottee for the

Comunidade gets the full amount due, instead

of being spread over years. Also, the

successful bidder in the auction should not

be held back in enjoying the full rights in the

allotted plot, if the allottee if given definitive

possession and redeems the foro (ground

rent).

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1044

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated

Legislation

Clause 1(2) of the Bill empowers the

Government to issue notification for

appointing date for bringing into the Act. This

delegation is of normal character.

Porvorim, Goa.

(ATANASIO MONSERRATE)

6th August, 2024.

Minister for Revenue.

Assembly Hall,

(NAMRATA ULMAN)

Porvorim, Goa.

Secretary to the

6th August 2024.

Legislative Assembly.

______

ANNEXURE

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

Extracts of the Goa Legislative Diploma No. 2070

Dated 15-4-1961

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

Article 30

The comunidade shall:

(1) Elect every three years the ordinary attorneys

and its substitute, in the form provided in this Code;

(2) Appoint a special attorneys, when necessary,

or have their services dispensed with according to

circumstances and the interests of the comunidade,

(3) Opine on statement of income and

expenditure, the estimates for the ordinary and

extraordinary auctions and their conditions, and

on the finalisation of the accounts and the

extraordinary budgets;

(4) To deliberate on:

a. The works and the extraordinary expenses

to be incurred;

b. The loans to be borrowed;

c. Creation or abolition of medical posts,

extension of the period of its duration and

maintenance of the same, as well as the creation

or abolition of any services or charges of

permanent nature;

d. Introduction of the non-saline and saline

water in the khasanas casanas 13,

e. Acquisition of lands;

f. Emphyteusis, sale or exchange of land;

g. Institution, admissions, withdrawal and

compromise of civil suit;

gg. Admissions, withdrawal or compromise

of any civil suit or other legal proceedings;

h. Extension of time granted for utilization of

land granted on emphyteusis;

i. About the grant of rebate (quita) to the

leaseholders;

j. And in general, about all the extraordinary

acts not provided for in the statement of income

and expenditure or in the provisions of this code,

as well as relating to any matters about which the

opinion is called for.

(5) To appoint and dismiss peons or criers,

determining their rights and obligations

Article 41:

The board shall be elected by the Comunidade

from amongst the able components, including share

holders, preferably those residing in the village.

When the Comunidade is not constituted for

election of any of the members of the board, the same

shall be appointed by the Government from amongst

the able.

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