1255
SERIES I No. 28
Reg. No. RNP/GOA/32/2024-2026
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
EXTRAORDINARY
No. 4
Panaji, 16th October, 2024 (Asvina 24, 1946)
GOVERNMENT OF GOA
Department of Law
Legal Affairs Division
___
Notification
8/7/2024-LA-187
The
Goa
Clinical
Establishments
(Registration and Regulation) (Second
Amendment) Ordinance, 2024 (Ordinance No.
7 of 2024) which has been promulgated by
the
Hon’ble
Governor
of
Goa
on
10-10-2024 is hereby published for the general
information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 15th October, 2024.
––––––
The Goa Clinical Establishments
(Registration and Regulation)
(Second Amendment) Ordinance, 2024
(Ordinance No. 7 of 2024)
Promulgated by the Governor of Goa in the
Seventy-fifth Year of the Republic of India.
I, P. S. Sreedharan Pillai, Governor of Goa,
in the Seventy-fifth Year of the Republic of
India, promulgate “The Goa Clinical
Establishments (Registration and Regulation)
(Second Amendment) Ordinance, 2024”.
An Ordinance further to amend the Goa
Clinical Establishments (Registration and
Regulation) Act, 2019 (Goa Act 19 of 2019).
Whereas, the Legislative Assembly of Goa
is not in session and I am satisfied that
circumstances exist which render it
necessary for me to take immediate action.
Now, therefore, in exercise of the powers
conferred by clause (1) of article 213 of the
Constitution of India, I am pleased to
promulgate the following Ordinance,
namely:—
1. Short title and commencement.— (1) This
Ordinance may be called the Goa Clinical
Establishments (Registration and Regulation)
(Second Amendment) Ordinance, 2024.
(2) It 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
registration.—
(1)
Notwithstanding anything contained in
this Act or any other law for the time being
in force, the provisional registration
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1256
granted under this Act in the past which
has lapsed or which is 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.
(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 47.— In section
47 of the principal Act, sub-section (3) shall
be omitted.
4. Repeal and Saving.— (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
Ordinance.
Raj Bhavan,
Dona Paula, Goa.
P. S. Sreedharan Pillai
Date: 10-10-2024.
Governor of Goa.
––––––
Notification
7/24/2024-LA-184
The Goa Legislative Diploma No. 2070
dated 15-04-1961 (Amendment) Act, 2024
(Goa Act 22 of 2024), which has been passed
by the Legislative Assembly of Goa on
07-08-2024 and assented to by the Governor
of Goa on 10-10-2024, is hereby published for
the general information of the public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 15th October, 2024.
The Goa Legislative Diploma No. 2070
dated 15-4-1961 (Amendment) Act, 2024
(Goa Act 22 of 2024) [10-10-2024]
AN
ACT
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 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, 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
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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
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, in respect
of the issue of ownership of land or
encroachment or illegal construction, as the
case may be, as referred above that may be
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-constitution and
non-deliberation of the Comunidade as per
the
provisions
of
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
of
funds
of
concerned
Comunidade.
(3) If
any
component
of
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
article 31, shall be applicable to every such
decision of the custodian.
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(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:—
“CHAPTER IV A
Grant of Licence
Art. 316-A— A Comunidade may grant
licence to use its land or any portion thereof
for 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
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Comunidade and also of the administrative
fee @20% in favour of the concerned
Administrator of Comunidades”.
6. Amendment of article 334-C.— In article
334-C of the principal code,—
(i) the existing provision shall be numbered
as clause (1);
(ii) 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.”.
7. 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.”.
SANDIP JACQUES
Secretary to the
Secretariat,
Government of Goa,
Porvorim-Goa.
Law Department
Dated: 15-10-2024.
(Legal Affairs).
––––––
Notification
7/22/2024-LA-186
The Goa Panchayat Raj (Amendment) Act,
2024 (Goa Act 24 of 2024) which has been
passed by the Legislative Assembly of Goa
on 01-08-2024 and assented to by the
Governor of Goa on 10-10-2024, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 15th October, 2024.
––––––
The Goa Panchayat Raj (Amendment)
Act, 2024
(Goa Act 24 of 2024) [10-10-2024]
AN
ACT
further to amend the Goa Panchayat Raj Act,
1994 (Goa Act No. 14 of 1994).
Be it enacted by the Legislative Assembly
of the State of Goa in the Seventy-fifth Year of
the Republic of India, as follows:
1. Short title and commencement.— (1) This
Act may be called the Goa Panchayat Raj
(Amendment) Act, 2024.
(2) It shall come into force at once.
2. Amendment of section 18.— In section
18 of the Goa Panchayat Raj Act, 1994 (Goa
Act No. 14 of 1994) (hereinafter referred to as
the “principal Act”), in sub-section (8), for the
expression “Indian Evidence Act, 1872
(Central Act 1 of 1872)”, the expression
“Bharatiya Sakshya Adhiniyam, 2023 (Central
Act 47 of 2023)” shall be substituted.
3. Amendment of section 219.— In section
219 of the principal Act, for the expression
“within the meaning of Section 21 of the Indian
Penal Code”, the expression “as defined in
clause (28) of section 2 of the Bharatiya Nyaya
Sanhita, 2023 (Central Act 45 of 2023)” shall
be substituted.
4. Amendment of section 239-C.— In section
239-C of the principal Act, in sub-section (3),
for the expression “sections 193, 219 and 228
of the Indian Penal Code, 1860 (Central Act 45
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1260
of 1860)”, the expression “sections 229, 257
and 267 of the Bharatiya Nyaya Sanhita, 2023
(Central Act 45 of 2023)”, shall be substituted.
SANDIP JACQUES
Secretary to the
Secretariat,
Government of Goa,
Porvorim-Goa.
Law Department
Dated: 15-10-2024.
(Legal Affairs).
––––––
Notification
7/26/2024-LA-185
The Indian Stamp (Goa Amendment) Act,
2024 (Goa Act 23 of 2024) which has been
passed by the Legislative Assembly of Goa
on 01-08-2024 and assented to by the
Governor of Goa on 10-10-2024, is hereby
published for the general information of the
public.
Dnyaneshwar Raut Dessai, Joint Secretary
(Law).
Porvorim, 15th October, 2024.
––––––
The Indian Stamp (Goa Amendment)
Act, 2024
(Goa Act 23 of 2024) [10-10-2024]
AN
ACT
further to amend the Indian Stamp Act, 1899
(2 of 1899), as in force in the State of Goa.
BE it enacted by the Legislative Assembly
of Goa in the Seventy-fifth Year of the Republic
of India as follows:—
1. Short title and commencement.— (1) This
Act may be called the Indian Stamp (Goa
Amendment) Act, 2024.
(2) It shall be deemed to have come into force
on 29th day of February, 2024.
2. Amendment of section 3A.— In section
3A of the Indian Stamp Act, 1899 (2 of 1899),
as in force in the State of Goa, in sub-section
(1), in the first proviso, for the words “fifteen
times”, the words “six times” shall be
substituted.
3. Repeal and saving.— (1) The Indian Stamp
(Goa
Amendment)
Ordinance,
2024
(Ordinance No. 1 of 2024) is hereby repealed.
(2) Notwithstanding such repeal, anything
done or any action taken under the Indian
Stamp Act, 1899 (2 of 1899) as amended by
the said Ordinance, shall be deemed to have
been done or taken under the said Act, 1899,
as amended by this Act.
SANDIP JACQUES
Secretary to the
Secretariat,
Government of Goa,
Porvorim-Goa.
Law Department
Dated: 15-10-2024.
(Legal Affairs).
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