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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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SERIES I No. 28

(EXTRAORDINARY No. 4)

16TH OCTOBER, 2024

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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1257

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

OFFICIAL GAZETTE — GOVT. OF GOA

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16TH OCTOBER, 2024

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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