IV) /,. '/1 Reg. No. GRlRNP/GOAl321 1 RNI No. GOAENGl2002l641 0 I Panaji, 15th September, 2005 (Bhadra 24, 1927) I SERIES I No. 24 I''''''''' ....f\ OFFICIAL ~JlGAZETTE GOVERNMENT OF GOA
Note: There is one Extraordinary issue to the Official 2. Insertion of new section 36-A.- In the Gazette Series r No. 23 dated 9-9-2005, namely, Extraordinary dated 9-9·2005 from pages 475 to 476 Prisons Act, 1894 (Central Act 9 of 1894), as in regarding .Notification from Department of force in the State of Goa, after section 36, the Law & JudiCiary (Legal Affairs Division). following section shall be inserted, narnely:- GOVERNMENT OF GOA "36-A. Creation of fund for comp~nsation. Goa Legislature Secretariat The prisoners shall be paid "wages for the employment provided to them at such rate as may be prescribed from time to'time. An· LA/A/BILLS/1432/2005 amount of fifty per cent of the total amount The following Bill which was introduced in the of wages earned by the prisoner in a month Legislative Assembly of the State of Goa on shall be kept and deposited in a separate 31-8-2005 is hereby published for the general common fund which shall be exclusively used information .in pursuance of the provisions of Rule~138 oLthe Rules of Procedure and Conduct for the payment of compensation to the of Business of the Goa Legislative Assembly. deserving victims or his/her family of the offence the commission of which entailed the sentence of imprisonment to the prisoner. The The Prisons (Goa Amendment) Bill, 2005 account of fund shall be maintained by the Superintendent, .ofJai( in such form and in Bill No. 25 of 2005 such manner as may be prescribed. The rate A of compenSation to be paid to the victims or " his!her~~ly shall be fixed by a committee BILL consistj:Ifif~ of such persons as may be prescribed. " . further amend the Prisons Act, 1894, in its ';--4 Statement of. Objects and Reasons to the State of Goa. The Bill seeks to insert a new section 36-A
BE it An~cl:"rt by the Goa Legislative Assembly in the Prisons Act, 1894 (Central Act 9 of 1894) the Fifty-sixth Year of the Republic of as in force in the State of Goa, so as to make a specific provision in the said Act,: 1894, enabling c~eation of a fund which ·shall pe exclusively used for payment of compensation to the 1. title and commencement.- (1) This Act caIlj3d the Prisons (Goa Amendment) deserving victims or hi~!her of the offence, Act, the commission of which entaiJled the sentence of imprisonment to tBe
- " - j' : into force at once. The. BilL seeks ,to a9hieve the lat'Qve objects. 478 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005
Financial Memorandum These delegations are of normal character.
"Wages are already being prescribed from time . '- .' AssemblY Hall, cPRATAPSINGHRANE to time by the" State Government under rule 45 Porvorim-Goa. Chief Minister" of the G()a, Dalllan and Diu Prisons (Facilities to 30th August; 2005. Prisoners) Rules, 1968. However, 50% of the amount is being used for maintenance of the Assembly Hall, SUDHlR A. NARVEKAR facilities for the Prisoners. With this amendment, Porvorim-Goa. Secretary to the Legislative the whole amount would be transferred to the :lOth August, 2005. Assembly of Goa. Prison Authorities for use as now specified. The financial implication on account of proposed amendment will therefore be increased from approximately Rs. 2.5 lakh per annum to Rs. 8.21 Governor's Recommendation under Article lakh per annum at the current rate of wages 207 of the Constitution being paid. The amount would go up In pursuance of Article 207 of the Constitution commensurately, if the wage rate is amended. of India, I, S. C. Jamir, the Governor of Goa, The rate paid is generally the minimum prescribed hereby recommend to the Legislative Assembly rate. of Goa, the introduction and consideration of the Prisons (Goa Amendment) Bill, 2005. "Memorandum regarding Delegated Legislation ANNEXURE The Clause 2 of the Bill seeks to insert new PRISONS ACT, 1894 section 36-A which empowers the Government 36. Employment of criminal prisoners sentenced to to specify by rules, the rates at which wages simple impIisonment.- Provision shall be made by the shall be paid to the prisoners for the employment Superintendent for the employment (as long as they so provided to them. "Said section 36-A also desire) of all criminal prisoners sentenced to -simple empowers the Government to specify, by rules," imprisonment; but no prisoner not sentenced to rigorous the form and the manner in which the account imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may of fund shall be maintained by the Superintendent be established by the rules of the prison in the case of Jail. Further, Government is also empowered of neglect of work by such a prisoner. to make rules indicating the persons who shall form a committee for fixing the rate Assembly Hall, SUDHIR A. NARVEKAR of compensatIon to be paid to the victims or Porvorim-Goa: Secretary to the Legislative his/her family. 30th August, 2005. Assembly of Goa.
" LA/A/BILLS/1433/2005 The following Bill which was introduced in the ;Legislative Assembly of the State of Goa on 31-8-2005 is hereby published for the general information in pursuance of the provisions of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa L~gislative Assembly.
The Goa Appropriation (No.5) Bill, 2005 (Bill No. 15 of 2005)
A
BILL
authorise payment and appropriation of certain further sums \ _ _ ' -:: - , ' I _ -: i from and out oftheCohsolidated Fund of the State of Goaifor" the services and purposes of the financial year 2005-06. ,;. OFFICIAL GAZETTE - GOVT. OF GOA 479 SERIES I No. 24 15TH SEPTEMBER, 2005
Be it enacted by the Legislative Assembly of Goa in the Fifty -sixth Year of the Republic of India as follows:-
1. Short title.- This Act m'!y be called the Goa Appropriation (No.5) Act, 2005.
2. Issue of Rs. 1,09,99,16,000 out of the Consolidated Fund of the State of Goa for the financial year 2005-06.- From and, out of the Consolidatec;i Fund of the State of Goa, there may be paid and applied sums not exceeding those specified in column (5) of the Schedule to this Act, amounting in the aggregate to the sums of one hundred and nine crores ninety nine lakhs and sixteen thousand rupees towards defraying the several charges which will come in the course of payment during the financial year 2005-06 in respect of the services and purposes specified.in column (2) of the said Schedule.
3. Appropriation.- The sums authorised to be paid and applied from and out of the Consolidated Fund of the State of Goa under this Act, shall be appropriated for the services and purposes expressed in the Schedule to this Act in relation to the said financial year.
SCHEDULE (See sections 2 and 3) (Rs. in Jakhs)
Sums not exceeding Demand Services and Voted by Charged on the No. purposes Assembly Consolidated Fund Total of the State of Goa
(1) (2) (3) (4) (5)
2 General Administration and Coordination 131.71 131.71
6 Election Office 25.00 25.00
A4 Debt Service (Charged) 3750.12 3750.12
12 Sales and Entertainment Tax 20.00 20.00
13 Transport 200.00 200.00
16 Collectbrate South Goa 17.00 17.00
21 Public Works ... 500.00 13.33 513,33
33 Revenu'e ... 60.00 60,00
34 School Education 625.57 ' 625.57
35 Higher Education 450.00 450,00
47 Goa Medical College.,. 0,61 0.52 1.13
48 J Health Services 26.47 26.47
49 Institute of Psychiatry and Human Behaviour 15.00 15,00 ------
480 OFFICIAL GAZETTE - GOVT, OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005
(1) (2) (3) (4) (5)
52 Labour 5.00 5.00
55 Municipal Administration 25,00 25.00
61 Craftsmen Training ... 63.00 63,00
64 Agriculture 0.01 0.55 0.56
68 Forests ... 60.00 60.00
70 Civil Supplies ... 7,00 7,00
74 Water Resources 5000,00 5000.00
76 Electricity 2.01 2.01
77 River Navigation 1:26 1.26
Total 7231.37 3767.79 10999,16
Statement of Objects and Reasons
The Supplementary Demands for Grants for the year 2005-06 (First Batch) was presented to the Legislative Assembly on 29th August, 2005. This Bill is introduced in pursuance of Article 204 read with Article 205 of the Constitution of India to provide for the appropriation of certain further sums out of the Consolidated Fund of the State of Goa to meet the expenditure on certain services granted by the Legislative Assembly for those services.
POlvorim, PRATAPSINGH RANE 31st August, 2005 Chief Minister
Governor's Recommendation
The Governor has, in pursuance of Article 207. of the Cons~itu of India, recommended to the Legislative Assembly, .the iJiltro du.btion' and consideration of the Bill, OFFICIALGAZETTE'~ GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBE8z2QOS LA/A/BII..I..S/1434/20()5 . The following Bill which was introduced in the Legislative Assembly of the State of Goa on 31-802005 is hereby pUblished for the general information iIi pursuance of the-provisions of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.
The Goa Appropriation. (No. 4) Sill;- 2. 005
(Bill No. 14 of 2005)
A
BILL
to authorise payment and appropriation of certain sums.from and out of the Consolidated Fund of the State of Goa for the services and purposes of the financial year 2005-06. -
Be it enacted by theLElgislative Assembly of Gq" -in the Fifty-sixth Year of the Republic of India as follows:-
1. Short title.- This Act may be called the G.o" Appropria.tion (No.4) Act, 2005.
2. Issue of Rs. 37,25,74,76,000 out of the Consolidated Fund of the State of Gda for the financial year 200S~()6.- 'Fron{ and out of the Consolidated FUnd of the State of Goa, there may be paid and applied sums not exceeding those specified fri columh (5Y ofihe Schedule to this Act amountfrig fri the aggregate to the sums of three thousand seven hundred twenty five crores seventy four lakhs and seventy six thousand rupees towards defraying the several charges which will arise for paymeIit -during- the-fuJ.ancial . year 2005-06 in respect of the services and purposes specmed fri column (2) of the said Schedule.
" 3. Appropriation.- The sums authori~ed to be paid a71d applied from, and out of the Consolidated FUnd'of the State of Goa urider this Act, sheil! be appropriated for the seriTicesarid 'purposes expressed ill the Schedule to this Act in relation to the said financial year. . ' 0; .c: .
-- SCHEDULE' ," (See sections 2 and 3)
Sums not exceedi~g:' i Demand Services and Voted by Charged on the No. puiposes. Assembly Consolidated Fund , Total ~:' of the State .of G6a (1) (2) (3) J (5)
i Legislature Secretariat 608.20 27.0(:/ "·:1635.20
. !Ai Raj Bhavan (Charged) 482 OFFICIAL GAZETTE - GOV!'. OF GOA • SERIES INo; 24 15TH SEPTEMBER<2005
(1) • (2) (3) (4) (5)
2 General Administration and Coordination ... 1624.37 1624.37
3 District and Sessions Court (North Goa) ... 510..35 510..35
4 District and Sessions Court (S~i..th Goa).:. 445.13 445.13
5 Prosecution 118.54 118.54
6 Election Office 224.80. 224.80.
7 Settlement and Land Records 612.20. 612.20.
8 'freasury and Accounts Administration, N6rthGoa 15949.0.1 15949.0.1
9 'freasury and Accounts AdIriinistration, South Goa 117.15 117.15
A2 Debt Services (ChBl"ged) 58441.51 58441.51
10. Notary .services 194.0.1 194.0.1
11 . Excise . 266.75 266.75
,'! . 12 sales and Entertainment '!'ax ...... 664.90. , 664.90.
13., 'fransport 2560..11 2560..11
A3 Goa E'Ublic Service .. ,P0nunission (Charged) .73.75 73.75
. _. . . - 1-, 14 GoaSadan 138.0.6 138.00.
15 Collectorate, North Goa . .666.63 666.63
16 Collectorate, South Goa 586.55 586.55
17 Police 6499.73 6499.73 ,-. '18 Jails 634.83 ~34.83
19 ·Industries,'frade.and i" Commerce 3435.0.0. 3435.0.0. L .20. Printing and Stationery 343.65 ;343.65 ·F 'i 21 PUblic Works 39118.88 3.50 39122.38 OFFICIAL GAZETTE ;L:GOVT: OF GOA' 483': SERIES I No. 24 . 15TH SEPTEMBER;2Ij05
(1) . (2) (3) (4) (5)
22 Vigilance 75.42 75.42
23· Home 60.00
24 Goa Public Men's Corruption-Investigation 1.00; .' . 00 , and Enquiries, ", ': 1.
25 Home Guards and Civil Defence 190.20 190.20
26 Fire and Emergency Services 615.51 615.51
27 Official Language ... 128.00 . 128.00
28 Administrative 'Itibunal 52.49
29 Public Grievances ... 25.32 ,:... 25.32
30 Lotteries 68790.05. ·.u8790.05
31 . Panchayats ... 4032.41 .. .L- 4032.41
32 Finance 8455.00 , .'8455.00
33 Revenue. 413.30 ",-- .413.30
34 School Education ... 26134.64
35 Higher Education 4328.90
36 Technical Education 709.95 709.95
37 Government Polytechnic,. . ~'" i.' ...- Pimaji ~ 601.40 601.40 ".- 38 . Government Polytechnj.c,,; . Bicholim 175.87 175.87
39 Government Polytechnic, Curchorem 104.00 " ''''''' ,::1:04.00
40 Goa College of Enginee)jng 848.00 848.()0
41 Goa Architecture Colle~e, .. 105.05 105.05 . , '--:-; . • >".' ~, • 42 Sports 1892.00
43 Art and Culture 1403.1),0, .lj03.QO ·:-T.:'L;tC.j ji,j;:". 44 Goa College of Art 131.55 131.55
45' Archives and Archaeology , ,: 484 .oFFICIAL GAZETTE -' G.oVT. .oFG.oA SF,RIESINo. 24' 15TH SEPTEMBER, 2005.
(1) (2) (3) (4) (5) r
46 Museum 113.50 113.50
47 Goa Medical College 4859.27 4859.27
4e Health Services 7031.08 7031.08
49 Institute of Psychiatry and Human Behaviour 658.70 658.70
50 Goa College of Pharmacy 200.28 200.28
51 Goa Dental College 375.44 375.44
52 Labour 793.87 793.87
53 Foods and Drugs Administration 175.80 1.75.80
54 Town and Country Planning 776.25 776.25
55 Municipal' Administration 4223.51 4223.51
56 Infonnation and Publicity 1409.60 1409.60
57 Social Welfare 6614.55 6614.55
58 Women and Child Development 2039.61 2039.61
59 Factories and Boilers 131.71 131.71
6() .Employment 81.25 81.25
61 , Craftsman Training 1310.80 1310.80
62 Law 660.19 660.19
63 Rajya Saini!< Board ... 22.20 22.20
64 Agriculture 2726.83 2726.83
65 Animal Husbandry and Veterinary Services 1862.28 ' 1862.28
66 Fisheries 969.34 969.34 67 Ports Administration 557.50 - 557.50 68 Forests 1623.51 :' ·1623.51
69 Youth Affairs 324.22 0:10 324.32 :".:1. 70 Civil Supplies 2490:80 " 2490.80
71 Cooperation 1913.15 1913.15
.' -. ,~/ . 72 . Science, Technology arid
Environment !."" 558.00 558.00 ! ! . , 73 State Election Commission 73.65 73.65
74 : Water Resources""" .~. -.: { 14001.23 37,00:; 1403,8.23 OFFICIAL GAZETTE - GOVT. OF GOA 485 SERIES I No. 24 15TH SEPTEMBER, 2005
(1) (2) (3) (4) (5)
75 Planning, Statistics and Evaluation 299.45 299.45
76 Electricity 54670.76 54670.76
77 River Navigation ... 1095.99 0.01 1096.00
78 Tourism 3134.27 55.00 3189.27
79 Goa Gazetteer 15.50 15.50
80 Legal Metrology ... 96.10 96.10
82 Information TechnolOgy 700.00 700.00
83 Mines 136.86 136.86
TOTAL 313728.80 58845.96 372574.76
Statement of Objects and Reasons
The Budget for the' year 2005-06 was presented to the Legislative Assembly on 11th August 2005. The Demands for Grants have since 'been discussed and voted by the Assembly. This Appropriati(:m Bill, is therefore,. introduced in accordance with the proVision of Article 204 of the Constitution to provide for appropriation out of the Consolidated Fund of the State of Goa of the moneys required for the services during the financial year 2005-06.
"
Porvorim, PRATAPSINGH RANE 31st August, 2005. Chief Minister
Governor's Recommendation
i. ..., The Governor has,. ...in pursuance...... , ,of Article.'. 207 Ibfthe Constitution of India, recommended to the Legislativ.e As~embly, . th~ introduction and consideration of the Bill.
ji 486 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005
LA/A/BILLS/1435/2005 "Provided that the members of the First Legislative Assembly, the members The following Bill which was introduced in the nominated to the Second Legislative Legislative Assembly of the State of Goa on Assembly and the members of the sixth 29-8-2005 is hereby published for the general Legislative Assembly elected from the information in pursuance of the provisions of constituencies of Daman and Diu, of the then Rule-138 of the Rules of Procedure and Conduct Union Territory of Goa, Daman and Diu, and of Business of the Goa Legislative Assembly. who have served as such members for a period which falls short of five years, shall be deemed to have completed a term of five years and be The Goa Salary, Allowances and Pension of paid pension accordingly: Members of the Legislative Assembly (Amendment) Bill, 2005 Provided further that pension shall also be paid to the members nominated to the Sixth (Bill No. 17 of 2005) Legislative Assembly:
A Provided also that the said members of the Sixth Legislative Assembly elected from the BILL consbtuencies of Daman and Diu shall not draw the pension as long as they serve as Councillors to amend the Goa Salary, Allowances and Pension of the Union Territory of Daman and Diu.". of Membors of the Logislative Assembly Act, 2004.
. BE it enacted by the Legislative Assembly ofGoa Statement of Objects and Reasons in the Fifty-sixth Year of the Republic of India as follows:- The Goa Salary, Allowances and Pension of Members of the Legislative Assembly Act, 1964 1. Short title and comftzencement.- (1) This Act (Act 2 of 1965) contained, inter alia, provisions may be called the Goa Salary, Allowances and providing for the payment of pension to the Pension of Members of the Legislative Assembly members of the First Legislative Assembly, (Amendment) Act, 2005. members nominated to the Second Legislative Assembly and the members of the Sixth Legislative (2) (i) Section 2 (i) of this Act shall come into Assembly elected from the constituencies of Daman force at once. and Diu and who have served as such members for a period which falls short offive years, as having (ii) Secbon 2 (ii) and 2 (iii) of this Act shall be deemed to have completed a term of five years, deemed to have come into force with effect from subject however to the condition that the aforesaid the 1st da'y of July, 200·4. members of the Sixth Legislative Assembly elected from the constituencies of Daman and Diu would 2. A..rne.pdmlmt of section 11.~ In section 11 of not draw pension as long as they serve as the Goa alary, Allowances' and Pension of Councillors of the Union Territory of Daman and Members of the Legislative Assembly Act, 2004 Diu. The said Act 2 of 1965 was amended from (Act 20 2004), in sUb-section ,(1),- time to time and now stands repealed consequent upon enactment of the Goa Salary, Allowances and (i) the words "five hundred rupees" and Pension of Members of the Legislative Assembly Act, 2004 (Act 20 of 2004). rupees" and "rupees twenty five 1:U()IJ..',anLQ be respectively substItuted; It has been brought to the notice by the Legislature Secretariat thClt the aforesaid provisions (ii) UH'V l~U. for the words " Provided in respect of payment of pension to Members that", W(JIdls "Provided also that" shall be of the First, Second and Sikh Assembly and also as regards payment of to the Members nominated t6: the Legislative (iii) J:jefore existing proviso, the following Assembly, are required tp be in the ipserted, namely:- new enactment i. e. in Hie ·said -Act of 2004, so , I
OFFICIAL GAZETTE - GOVT. OF GOA 487 SERIES I No. 24 15TH SEPTEMBER~ 2005
as to enable the Legislature Secretariat to effect ANNEXURE payment of the pension of concerned past Members. Also, it is proposed to increase the Extract of section 11 of the Goa Salary, Allowances and pension for every successive year of membership Pension of Members of the Legislative Assembly Act, 2004 (Act 20 of 2004). of a Member from rupees five hundred to rupees seven hundred and fifty per month and the maximum amount of pension admissible to a 11. Pension.- (1) Subject to the other provisions of Member under sub-section (1) of section 11 of the this Act, with effect from the 1st day of July, 2004, there said Act 20 of 2004 is proposed to be increased shall be paid to every person who has been a'member, a from rupees fifteen thousand per month to rupees pension of rupees ~ve thousand per mensem far the first tw"nty five thousand per month. The Bill, year and five hundred rupees per month for every therefore, seeks to amend section 11 of the said successive year of his membership in the Assembly Act 20 of 2004, suitably. subject to a maximum of rupees fifteen thousand per month and while reckoning the period of one year, days exceeding 180 days in a calendar year shall be counted This Bill seeks to achieve the above objects. as one year:
Financial Memorandum Provided that after the death of the person as aforesaid, the pension shall be payable to his widow or The financial implications on account of the her widower, as the case may be, as long as .she or he proposed amendment in respect of payment 'of does not remarry and after the death of the widow or pension to the members of the First, Second and widower, as the case may be, the pension shall be payable Sixth Legislative Assembly would be around to the male children of the person as aforesaid till they rupees three lakhs fifty thousand per annum and attain the age of 18 years and to unmarried dependent financial implications on account of proposed daughter till she gets married ortill"her death, whichever is earlier, and such pension shall be payable subject to amendment to increase the pension admissible to the provisions in the succeeding sub-sections of this a Member for every successive year of membership section and the other provisions of this Act. from rupees five hundred to rupees seven hundred and fiftypermorith arid increase maximum amount (2) The pension payable to a person under sub-section of pension from rupees fifteen thousand to rupees (1),. in case there be any outstanding amount or loan or twenty five thoukand perrrlOnth, wo1.lld be around any facilities availed under this Act, it shall be first rupees twenty six lakhs per annum. adjusted towards repayment of such outstanding amount or loan or any facility availed of; including interest Memorandum Regarding Delegated Legislation payable thereon, till such entire outstanding amount or . loan or facility is cleared. No delegated leg;slation is involved in this Bill. (3) Where any person entitled to pension under sub-section (1)- ., Porvorim-poa, Dayanand G. Narvekar (i) is elected to the office of the President or Vice 24th August, 2005. Minister for Legislative Affairs President or is appointed to the office of the Governor of any State or the Administrator of any Union Thrritory; or Sudhir Narvekar Secretary to the Legislative (ii) becomes a member of the Council of States or 24th rl.l:laUlSt. 2005. Assembly of Goa. the House of the People or any Legislative Assembly of a State or Union Thrntory or any Legislative Council of a State; or
Ge,vE,rDlori's Recommendation' under Article 207 (iii) is employed on a salary under the Central , of the ConstitutIon Government or any, St!ate Goverrfment or any Corporation owned or the Ce.ntral I Government brbyany or any local In ofi Article 207 of the Constitution authority or becomes o"tllel:w;ise enntlLeO to any of India, S. C. ~amir, Governor of Goa, hereby remtinerc:itlon' from ~uch or re(=ornrrleIjld the i~trodlicti6n and consideration of local authbrity,such be entitled to the Goa IAllowances and Pension of any pension under pericid during o.f ;~he ,Legislative Assembly ,which he" 'continues to 1101d·; such or _as', -such B~ll, 2005, by the Legislative' member; ar is so employed, to be entitled Asselnhlyi of Goa. l to. such remuneration: 488 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005
Provided that where the salary payable to such person The Goa State Commission for Women for holding such office or being such member or so (Amendment) Bill, 2005 employed or whom the remuneration referred to in clause (iii) p'ayable to such person is, in either case, less than (Bill No. 18 of 2005) the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as A pension under that sub-section. BILL (4) Where any person entitled to pension under sub-section (1) is also entitled to any pension from the further to amend the Goa State Commission for Central Government ·or any State Governmerit, or any Women Act, 1996 (Act 10 of 1996). corporation owned or controlled by the Central Government or any State Government, or any local BE it enacted by the Legislative Assembly of authority under any law or otherwise, then, Goa in the Fifty-sixth Year of the Republic of India as follows:- (a) where the amount of pension to which he is entitled under such law or otherwise, is equal to or in 1. Short title and commencement.- (1) This excess of that to which he is entitled under sub-section Act may be called the Goa Commission for (1), such person shall not be entitled to any pension Women (Amendment) Act, 2005. under that sub-section; and .
(b) where the amount of pension to which he is (2) It shall come into force at once. entitled under such law or otherwise, is less than that to which .he is entitled under sub-section (1), such 2. Amendment of section 6.- In section 6 of person shall be entitled to pension under that sub the Goa State Commission for Women Act, 1996 section only of an amount which falls short of the (Act 10 of 1996) (hereinafter referred to as the amount of pension to which he is otherwise entitled "Principal Act"),- under that sub-section: (i) for sub-section (1), the following Provided that any pension (whether known as sub-section shall be substituted, namely :- Swantantra Sainik Sanunan pension or by any other name) received by such pensioner as a freedom fighter or any "(1) The State Government shall provide pension r~ceived by such pensioner as 8; teacher in an the Commission with such employees aided ed1.lcational institution shall not be taken into account for the purpose of this sub-sectlon and such from amongst the common cadre of the person shall be entitled to receive such pension in Directorate of Women and Child addition to the pension to which he is entitled under Development and such officers, as in the sub-section (1). opinion of the State Government may be necessary for the efficient performance of the (5) In cp:m~lUtiing the number of years for the purpose functions of the Commission under this Act."; of (1), the period during which a person has' served a Minister as defined"' in the Goa Salaries (il) Sub-section (2) shall be omitted. and llllc)\'I1,m"esofMinisters Act, 1964 (Act 3 of 1965) or as a Sp,ea) Women is one of them. As per the provisions of ANNEXEURE section 7 of the Goa State Commission for Women - ---:~-"'""'------.;....;. - ~ --"----. Extract of Goa State Commission for Women Act, 1996 (Act 10 of 1996) (hereinafter referred to (Amendment) Act, 1996 as thE! "said Act"), the salaries, allowances and pensions of the employees provided to the said Section 6 Commission, are payable out of the grants sanctioned by the Government to the Commission. 6. Officers and other employees of the Commission.-(1) The State Government shall provide th", Commission with The said employees have no transfer outside the such officers and employees, as in the opinion of the State office of the said Commission. Government may be necessary for the, efficient peiformance of the functions of the Commission under this Act. ' , It has been decided to create a unified common cadre for Group 'C' and 'D' staff of such statutory (2) The salaries and allowances payable to, and other terms and conditions of service of the officers and other bodies comprising staff of the Directorate of , ,~ employees appointed forthe purpose 'lfthe COmnllssion Women and Child Development. The formation of shall be as may be prescribed. such cadre will enable'the Government to effect Section 7 transfers of the staff from one statutory body/office to another. This will allow the 7. Salaries and other allowances to be paid out of incumbents to gain experience on all matters grants.-The honorarium and allowances payable to the across the sector rather getting suffocated in one ChaIrperson and members as well as the administrative body for their entire service period. It will also open expenses' including salaries, allowances arid pensions the promotional avenues to the employees. payable to the officers and other employees'referred to in section 6 shall be paid out of' the grants referred to in section 17. The Bill, therefore, seeks to amend sections 6 and 7 of the said Act, suitably. Assembly HaD., SUDmR NARVEKAR The bill seeks t'oacJ:lievethe above objects. porvorlnl."· Goa, 'Secretary' to' the (Legislature) 23rd AugUst 2005. Assembly of Goa., Financial Memorandum There are no financial implications on the State exchequer ,due to the proposed amend ment and the expenditure may, be reduced to LA/A/BILLS/1437/2005 the extent of the liability and salary and allowances of employees posted in Commission from The following Bill. which was intro,duced in the the Directorate' of Women' and Child Legislativ<;) Assembly of the State .of, Goa on Development. 29-8-2005 is hereby published for the general information in'pursuance:of,the provisions of Rule'138oftheRu1es~of procedure anCl.Conduct Legislation of Business'of the Goa Legislative' Assembly. regarding[)elegat~d. : - I , '.,. .d <-;t:- No dele~r<>i'tedlegislation is invol)Tedin this Bill. ·-r .., ,." ," ,The Goa Children~s(Amendment)BiII, 2005 SUBHASH SHIRODKAR -l\ 23rd IIIIinister' for Women .ilid (Bill No. 19 of 2005 ) ChildDevelopm~nt ,A Assembly 'S. A. NARVEKAR BILL' Porvorim, Secr:"tary ,(Legislature) " I 23rd .t\,ugu,ro, 2005. further to amend the Goa Cq!1ch:en(s ,,2003. 490 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No .. 24 15TH SEPTEMBER, 2005 BE it enacted by the Legislative Assembly of the "(Il) "child in difficult circumstances" means State of Goa in the Fifty-sixth Year of the Republic a child in need which is exposed to or is of mdia asfollows:~ likely to be exposed to child abuse or sexual offences or child trafficking or 1. Short title and commencement.- (1) This Act commercial sexual exploitatipn or may be called the Goa Children's ( Amendment) Act, 2005. violation of his. or her rights"; (2) It shall come into force at once. (vii) after clause (p),the following cl~use sh~1l be inserted, namely:~ .2. Amendment of section 2.- In section 2 of the Goa Children's Act, 2003 (Act 18 of 2003) "(pp) "Government or State Government" (hereinafter referred to as the "principal Act"),- means the Government of Goa;"; (i) in clause (a), for the words "authorized (viii) for clause (t), the following clause shall be officers", the words "special officers" shall substituted, namely:- be substituted; "(t) "medical authority" means such (ii) in clause (d), the following proviso shall be authority as notified by the Government inserted, namely:- by order or notification published in the Official Gazette and whose certificate on "Provided thalin so far as a victim in an the age of a child shall be conclusive offence ot rape is concerned, "child" shall evidence as th the age of the child to mean any person who has not completed whom'it relates;"; sixteen years ofage."; (ix) after clause (u), the following clauses shall (iii) in clause (f), after the words "either fully or be inserted, namely:~ partly", the expression ", and shall include "(uu) "principle of best interest of child" means allpechEfs, b()arding schools, orphanages, the principle which seeks to ensure the protectiv~ homes and hostels which provide physical, emotional, inteliectual, social . for care'. or custody or education or and moral development of the child, and rehabilitation of a child" !?hall be inserted; to provide him safe enviro:nment from all kinds of child abuse;"; (iv) after clause (i), the following clause shall be inserted,namely:- "(uv) "rape" means rape asdefiued in section 375 of the Indian penal Code, 1860 (Act "(ij) , sexual exploitation of, V of 1860);"; !ctdl (vi) claluse! (1), the following clause shall be . "(zb) The words ".,-,v.cup "ba.ilable ll i offence • ; ;6rfence" , OFFICIAL GAZETTE - GOvr. OF GOA . 491 SERIES I No. 24 15TH SEl'.T'EAWEE,2005 II cognizable offence" I "chargesheet" I (vi) in subcsectioh (8), for the words "shallW'ork", "police report" I IIwarrant'\ II search the words " shall strive to work" shall be' ll warrant" I "remand". I'trial , '''Judicial substituted and for the words "three Magistrate", "District Magistrate", '. years", the word.s "sevenyear~" shah be ll "offence I II compounding" I' -"Officer in substituted;' ' charge of Police Station" and "Cognizance" shall have the same "" (vii) 'in sub-sec:tion(lo), 'after the w()rds"physical meaning as assigned to them under the , infrastrUcture", the words "inclildingoarrier Code of Criminal Procedure, 1973 (Act 2 free access;' shall be inserted;' , ' , of 1974) .... (viii) after sub~section, (14), the, fo;>Uowing 3. Amendment of section 3.- In section 3 of the sub-section shall be inserted" namely:- principal Act,- "(15) Any contravention or non-adherence (i) in sub-section (i), for the words. "The State of the provisions of this section shall shall ensure that children and the young are be' dealt with by the', Competent protected against exploitation", the words Authority only and shallbet>llhishable "The State shall ensure that children are with a fine 'which may-eXtend to protected from child abuse, sexual offences, Rs.50,OOO/-,".' \ child trafficking, child prostitution and violation of their rights" shall be substituted; 5., Amendment of section '5;-''In.' section" 5 of the principal Act,- (ii) sub section (2) shall be omitted; (iii) in sub-section (7), the words and figure (i) in sub-section (i), afterthe1liTords "should "social welfare institutions, or legislative be introduced", the words "in a phased bodies" shall be omitted. manner" shall be inserted, and for the words IIImmunisationprogramme"-, the~ords -·'free Immunisation programme'" shall be 4. Amendment of section 4.-In section 4 of the principal Act,- substituted; ,/ (ii)insub~sectfbn(3),for the word "should" , the (i) for sub-section (3), the t:ollowfug sUb-section word "may" shall be substituted; shaU be sUbstitllted., namely:~ . (iii) in sub-section (10), afterthe' words and "(3) Counselling facilities by trained figure "issues of substance," the words and personnel shall be provided to the figure "psycho - social 'well beirig," shall be childreri in all schools."; inserted; (ii) in s\lb-section (4), for the words "shall include", ithe words "shall preferably (iv) after sub'section (10); tire folloWing sub~sections ,;han beinserted;nartJ:ely :- " stl.all be substitut~ci; . , , ' (iii) in stjlo-sec~ion (5), for the. +-ords "shall also "(11) No medical institu.tiondr clinic or words'" shaH preferably also hospital or nursinghoine ~hall rej ect 'be substituted; and after the admission. or treatment or w(Jrd!s and figure "substahce abuse,", the. pregtlantm6ther whci W(Jr'l'.s and~igure '.'sexu~~ity educatiorl.," disease ,qr,ail~Elnt .wlbi~:h,.ha!s! be inserted; sti\JIl1;a attaphEld Wi~h n, :SU,,," , AIDS, ,etc. , , ' , (iv) ,in (6). . for the word the' word "'preferably" shall (12) Any cOIltraLvellti9,n of , be sliUostitut:Eid; the provisions except for i;'" ,stib-section(7), s,uillJ)e(iea~t with by the (V)1111 "l"Dc""C1CIO'Il (·7), the words"elected "Competent" be Stlldj.3n1:s C~~u.n9ils or 'any .other"·shal! be "punishable ,With fine extend to\Rs,"50,bOO/-." , ' 492 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 6. Amendment of section 6.- In section 6 of the prostitution or violation of its rights principal Act,- and that the best interest of all children are protected. Care givers shall (i) in sub-section (9), after the words "and also be personally responsible for the containing such particulars as may be same. prescribed", the words "and the Director shall forward the applications to the District (19) Any contravention or non-adherence of Inspection Team for inspection of such any provisions of this section by any Children Home and checking of all other Children's Home shall be punishable requirements" shall be inserted; with imprisonment of either description for a term which may extend to three (ii) for sub-section (11), the following sub-section years and shall also be liable to a fine shall be substituted, namely:- which may extend to Rs. 1,00,000/-.". " (11) The District Inspection Team shall, after scrutiny of application form and after 7. Amendment of section 7.- In section 7 of the checking all other requirements, forward principal Ac't,- . its report to the Director. The Director shall issue or refuse to issue a Certificate (i) in the title, for the words "Child Labour", the of REigistration, with approval of the words "Child Labour and Trafficking" shall Competent Authority, to the Children's be subs~ituted; Homes on the basis of such report of the District Inspection Team. Criteria for (ii) in sub-section (2), in clause (b), the words granting or for revoking registration shall and figures "and Goa, Daman and Diu Shops .be .as prescribed."; . and Establishments Rules, 1975" shall be , omitted; (iii) fo'!:, clause (b) of sUb-section (13), the following clause. shall be substituted, (iii) in sub-r;;ection (5), for the word "violation", namely:- the word "contravention" shall be substitl).ted; "(b) Checking the applications of those parties. who I applied for registration (iv) in sub-section (6), for the words "within a and I the.'institutions before period of two years from the commencement making a to the of this Act", the words "in a phased manner" I?irectqr. "; shall be substituted; and after the words "for the prevention of child labour", the words (iv) (15), the following "the plan of action shall be pUblished in the inserted, namely:- Official Gazette every year'; 'shari be inserted; Team shall (v) in sub'section (7), the words and figures rAl~n'" Sut'!l1-1ttea under "over this period of 2 years" shall be omitted; (vi) in sub-section (8), for the words "a Child Labour Vigilance Officerfn each'Taluka", the words "Special Officers" shall be substituted; shall reject or refuse '~hild in difficult (vii) for sub-section (9), the following sub-section care('1- or -.'custody or, shan be substituted, namely:"'-'-' rehabilitation when by the Competent "(9) The district police, airport pe.lice, traffic or Di:rector or Special Officer P9lice, border P9lice, Inspectors and railway poliqe shall immlldiatEllytali€ cognizance of a~ reports or'1nform (a) for the werds "sexual assault", the (vi) in sub-sectien(6), for the wonis "the words "child abuse .or sexual assault" Director shall have the pewer teauthorize . shall be substit)lted; the District Inspection Team to inspect and i check", the words. "The' Competent (b) for the words. '.)seyen years .. , ,the words . Authprity, the Directorandihl' Special "ten years"sha\! be substituted and for Officers shall havepewers to autherize the the .words ','ten; years", the words lllife Officer-in-charge .of the nearest police statien imprisenment"!shall be substituted; or District Inspectien Team t'~ irisp'act and check" shall be sUbstituted;' . (c) fer the "punished with impriscmlne,nt'l of either descriptien (vii) for sub-sectien(7), thefellowing subesectien for a~erm Of ne year plus fine . .of shall.be substituted,namely:- " ~s. 1,OQ,OOOI-", Ihe,exprE,ss:ion "punished iI1l-priselruIlfen.t· .of either description "(7) The Competent Aut!:lority or the Directer or the Special Qfficeri , prevents officers from discharging their of such case and proceed with duties under sub-section (6) shall be investigation. He shall also report the punishable with imprisonment for a case to a Special Officer or to the term which may extend to three Director for action under sections 14 and years and to a fine which may extend to 15 ,if so required."; Rs. 1,00,000/-."; (xiv) in sub-section (16), the words "under the (ix) in sub-section (10),- garb of adoption or otherwise" shall be omitted; (a) in clause (d), for the word "violation", the word "contravention" shali be (xv) sub-section (17) shall be omitted; substituted; (xvi) in sub-section (18), for the words "sexual (I:» after clause (d), the following clause shall abuse", the words "any offence under this be inserted, namely:- Act" .shall be substituted; "(e) Whoever fails to comply, ,with or (xvii) in sub-section (23), for the word "violation", contravenes the provisions of this the word "contravention" shall be sub-section ,shall be liable for substituted. punishment with imprisonment for a term which may extend to three years 9. Amendment of section 9.-, In section 9 of the and a fine which may extend to principal Act,- Rs. 1,00,000/-"; (x) sub-section (11) shall be omitted; (i) in the title, for the words "Child Sexual Trafficking", the words "Commercial Sexual (xi) in sub-section 13), for the expression Exploitation and Dedication" shall be "imprisonment either description for a substituted; period 0:( not than orie year extendable to three a fine of n6t less than (ii) in sub-section (1), for the words "child Rs; ~xprI3s"10n "imprisonment prostitution", the words "commercial sexual of either lid lescription for a period of not less exploitation" shall be substituted; tha.n extendable to seven which may extend to (iii) in SUb-section (2), for the words "child be substituted; prostitutes", the words "commercially sexually exploited children" shall be (xii) for the words "to report substituted; officer not below the rank of a of Police to be (iv) in sub-section (3), for the words "child iG'DVE3IIJ.mI3n1t", the words prostitution", the words "commercial sexual Officer in-charge 'exploitation" shall be substituted; Donce station" shall be ,(v) in sub-section (4), for,the worcis "and simple irnprisonmentof one,year", the, words "and f0l1s~tb',se()ti(m Ola),thle ~oll()wing sub-section imprisonment for a term whiph may extend Sul)stitu~led, natiJ,ely:- to seven years" shall be substituted., "(15) The District !l>olice, airporta.uthorities, 10. Amendment of section 10.- In section 10 ipolicE3,I railway police and traffic ofthe principal Act,-:- report a,ny suspected abuse or (b) ,an adult (i) for,sub-section follov'lib'!:r sub-section or keepmg a child under shall be su"pici,bus cir()urnstan1ces or (c) sale of hal~e>lld,ea'~o~1{ to protect all sexual offence with a difficll1lt cil:Cm1:LStarlCes."; trafficking, to the Officer nearest police station (ii) in SUb_section w(~rcls ''All Street lJITI10;"h"lli im~E)diatE)ly take cognizance Children shall bE.11i1Titlb.dralmj.ahd· placed", OFFICIAL GAZETTE.~GOVT.OF GOA 495 SERIES I No. 24 15TH SEPTEMBER. 2Q05 . the words "All children in· difficult month and a fine .which may,' extend to circumstances shall, wherever required, be Rs. 3,000/~On,ElaCh occa,sion."; placed" shall be substituted; (vii) in sub-section (20), for the wo,rds. "severely (iii)' in sub-section (4), for the words "Children •punished", theeipression "pUriishable with Shelters in. every taluka", the words imprisanmentfol a tenD. which may extend "Children's Homes" shall be. substituted. ,'. to five years ?ndfine which may extend to . Rs. 5o,00Q/-"~hall be substituted;' 11. Amendment of section 13.- In section 13 of the principal Act,- (viii) in sub-section (21), for the ""oids "of not less than one y'ear" the v,;ords "which . (i) ,in sub-se.ction (5), in clause (c), after the niay extend to three years" sl+all be word "judiciary", the word and figure, substituted; "prosecution," shall be inserted; (ix) in slib-section (22), ~fter th~ w()rds "sex ll workers -,-the words lIin a_phased manner II (ti) after sub-section (6), the following .shall 'be inserted. . . . sub-section shall be inserted, narrely:- (x) sub-section (24) shall, be' omitted. "(6A) The constitution,the tetms and conditions of service of the members, the 12. Amendmento[section .14.- In section 14 of regulation of the proceduteof meetings the princii>a1 Act,- and the powers in relationtoinquiry and investigation into compl1iints against the (i) in the title, for the word "Violation", the children by the State Commission for words and figure "Violation, Contravention" Children shall be such as may. be shall be substituted; prescribe d.-II ; (iii) in sub-section (12), for the expression "shall (ti) in sub-section (1),- . set Up a State Council comprising persons from the' media,', and others, as may be (a) for the word "violations", the 'word prescribed", the "may set up a "contraventions "shall, be substituted; State Council· persons from· the an.d ,)th:er:s,ji as may be prescribed. The (b) in clause (a), for the expression "violation , also suggest ways to of any of theprovisioIlSof this Act the harmful influences including those 'in Section 3", the media." shall be expressionu'conhaven'tion of the provisions of sections 3, 4 and 5 of this Act and the rules made thereunder" (iv) in s,' ID-se"ticon the words and figures shall be substitutEid; "Task ",r\rr'.'~ Officers and fiNnTC,Q "ThskForces, (c) in clause (b), forthe word "violation", Sp,scial Gffic,ers, j:.abOllril[ns:pec:toJ's,. State the word "contr.av",ntion" shall be "p11areJ1" State Council and '. subSt.it]ltEl(i; , " . ...... f." _ ",-> ,-:, ,,> it:,~;, (iii) in sub-section (3),for thew-ord '''violation'', (v) the wor.d .,.\'co'ntr",xentioI:\" .' sh,all be substituted; (vi) 0' •~ - following sub-section \' ' ,- " sul)stiitut~d, narriely:- ,. (iv) sub-section (6) shaILbeomitted; . of th';>establishments . ,(v)fO,r.:;;ub-seoti,m '.' ..' (16) and (17) •.... shall be:"s :.ub~!titut~d nronell,:+- re),ponsible fqr any c6ntra'T~rltil)n' of theii:>rovisio~s.thereof "(7) The GOVElrnment. ,maya.iltj:1,ori:~e Special punishablefo~such Officers to or ca'p.trp:*ent:iorl VIT,it~.an imprisoprwmt :petitions 'ofor ""'AT,m .~~hiich rnayextep.dto one of.a child. I 496 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 The Special Officer may refer the and figure "Competent Authority, Director petitioner to the police or may call for or any Special Officer" shall be substituted information from any person in Goa and for the words "by the Competent regarding such alleged contravention or Authority or by any Special Officer", the non-adherence and may conduct inquiry words "by the Competent Authority or by into the representation or petition. The the Director or by any Special Officer" shall Special Officer shall submit his report on be substituted; each violation, with recommendations and justifications for the same, to the (iv) proviso to sub-section (3) shall be omitted; Competent Authority through the Director. " (v) for sub-section (4), the following sub-section shall be substituted, namely:- (vi) for sub-section (9), the following sub-section shall be substituted, namely:- "( 4) The Competent Authority or the Director or any Special Officer or any "(9) Any person may give information as officer-in-charge of a police station may regards contravention of any provision enter and inspect any premises, after of this Act or the rules made thereunder obtaining a search warrant from the to a Special Officer, 'Labour Inspector . District Magistrate, for the purpose of or to the Director or to a Police enforcing any. provisiQn of this Act, Officer-in-charge of a Police Station.".' . including removal of a child from such premises: 13. Amendment of section 15.-In section 15 of :the principal Act,- Provided that all such entries shall be made (i) in the title, for the words "Competent by group of a minimum of four persons which Authority", the .. words and figure shall include at least one woman: "Competent Authority, Director and Special Officer" shall be substituted; . Provided further that if such officer has reason .to believe that obtaining a search (ti) insub-section (1),+ warrant or authorization will afford an opportunity to the offender to conceal evidence (a) for thEl words I'Competent Authority", or to escape, he may enter, inspect and rescue . whereper the1!occur, the words and the victim from any premises at any time p between sunset and sunrise,without such f•.•igur. es;.•.. "com .;'ent A. uthority or Director or Special Offi ri as the case may be," search warrant or authorization, after recording .shall be substit ted; . grounds of his belief in writing, which shall be forwarded to the Competent Authority and to ll the;words<' r otherwise , the words the President of·theChildren's Court." ! or otherwise r in any other fit case" b~ substit ted; 14. Amendmenfofsection 16.~ 'In section 16 of clause (a), ~ r the word "reference", the principal Abt,-" . words "re resentation or petition" be substit ted; (i) in the tItle,lfor the words "Competent Authority or Special Officer", the words "Competent A.uthorityor Diredoroi Special ()fficer or any officer in charm;, of a police he follQwing clause shall statioIl" shalloe substituted;. : ely:-'- (ti) for the words "Competent Authority or any an '0 der in the interest and Special Officer", the wordsf'Conipetent c . d lnchiding to place the . Authbrity or Direct6r or anY S~ecial Officer 1.'nl.a .c. h.i. dten's home, boar.ding or any officer in charge of a p'6lice station" ·~'Jhc,ol. o~othEir safe place;"; shall'besuOstituted; . . i i,-!. - . . - I (iii) in sjib"f;ectiQ'n (2), 1. rthe words "Competent (iii) for the words !and "simple Atit~.otiity orlany S~ecial Officer",the words 'imPrisonment 'for a ~enIl wIncH' :tIl~IV extend ! OFFICIAL GAZETTE - GOVT. OF GOA 497 SERIES I No. 24 15TH SEPTEMBER,2005 to one month or with fine which may extend either before or' ruter the' institution of the to five thousand rupees, or with both", the prosecution, be compounded by such officer words "simple imprisonment for a term or authorities and for such ainount as the '!'Thich may extend to three years or with fine Government may, by notification in the which may extend to fifty thousand rupees Official Gazette, specify in this behalf. or with both" shall be substituted; (2) Where an, offence is compounded under sub 15. Amendment of section 17.- In section 17 of -section (1), no proGeeding or further the principal Act,- proceeding,' as the case may be, shall be taken against the offender in respect of th,e (i) in the title, for the words "Competent offence so compounded and the offender, if Authority's"', the words "Competent in custody, shall be released forthwith:;'. Authority's, Director's and Special Officer's" shall be substituted; 19. Amendment of sections 22 and 23.~ In sections 22 and 23 of the principal Act, for the word (ii) for the words "the Gompetent Authority", "violation" I • the word II contrav'ention" shall" be wherever they occur, the words and figures substituted. "the Competent Atlthorityor the Director or , the SpecialOfficer, as the case may be," shall 20. Insertion of new section 22A.- After section be substituted. 22 of the principal Act, the following new section shall be inserted, namely:.,.,- 16. Substitution of section 18.-'- For section 18 of the principal Act, the following section shall be "22A.Compulsion to appear as witness.~ Every substituted, namely:- employee or officer of the Government, Government Corporation, Gove~nment "18. Appeals. - An appeal against any decision undertaking, etc. shall, be duty bound to of the Director or of any Special Officer shall appear as a witness whenever called upon lie to the Competent Authority and an appeal to do so by a police officer or a Special, Officer against any decision of the Competent or'the Director or the Competent' Authority Authority shall lie to the Chief Secretary." . 'in any proceeding under this Act; Any refusal , I or non-adherence to ,appear as i witness 17. Substitution of sectl6n 20.- For section 20 of shall be an offence punishable with the principal Act, the section shall be imprisonment for a termwhich,may' extend substituted, miniely:- ,to one month and a fine which may 'extend , ' i' to Rs. 10,000/-". "20. Cognizance of of1'eIj.ce,s.-- No cognizance of , i any offence under! Act shall be taken 21. Amendment of section 24.- In section 24 of except,- the principal Act,- (a) on complaint by the child victim or (i) the e~sting prOvision shall bere,nurnbered his her ipalre:nt(~), and in their absence, as, Sul:J-~",ction.(l) th",reof.and,in sul:J.-section " his her: or dosereiatives, or (1) as so re~numbeIed" for, the word poliGe or the ~uthorlty or the "Magistrate", whe;:e\f~r itoccuis,tb.e word ora Officer ora "Judicial Magistrate" shall bestm§tltuted; or authority or (ti) Offi¢erai~tlorizEl4 in ,behalf by the after SUb-section (1),' the following sub-sections shall be inserteci;lriamely:'-'- . ,made by the "(2) The firstreniandi under given by the Mag:istrate before whom 1(3., Silk,*titiuti,)n secflon 2). ..,.,- For section 21 of the pr!iUcip,,,-1 f~llowing shall be oifem;es.-'- (ll Any offence (3) 'r<,';';"''''~hall take ptinif,hablElVl'itl1 only Urider this' Act may, 'offen(~es ",;"nAT this Act 498 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 which are punishable with imprisonment 26. Amendment of section 30.- In section 30 of of either description and of any term. the principal Act, sub-section (2) shall be omitted. Offences under sections 3, 4, 5 and clause (c) of sub-section (5) of section 7 may be 27. Amendment of section 32.- In section 32 of taken cognizance of and tried by the the principal Act,-- Competent Authority.". (i) in the proviso to sUb-section (1),- . 22. Amendment of section 25.- In section 25 of the principal Act, for the words "one year", . the (a) the clauses (a), (b) and (c) shall be words "three years" and for the words "one omitted; thousand rupees", the words "fifty thousand rupees" shall be substituted. (b) in clause (1), for th<;l words "shall lie on . the accused", the words and figure "shall 23. Substitution of section 26.- For,section 26 lie on the accused if the child was in his of the principal Act, the following section shall be custody at the time of his arrest or at the substituted, namely;- time of comnlittal of offence or at the time of rescue or removal bf the child victim, "26. Delegation of powers.- The Government as the case may be" shall be substituted; may, by notification in the Official Gaz<;ltt<;l, direct that any power <;lx<;lrcisable by it under (c) in clause (m), for th<;l words "who is a this Act or any rule made thereunder may, victim of a crime", the words uwho is a in relaiion to such matter and subject to such victim of a crime or a witness to a crime" conditions, if any, as may be specified in the shall be substituted and for tlJ.e words notification, be ,exercisable also by such "perpetrators of the crime", the words officer or authority subordinate to the "perpetrators of the crime but th<;l Government as may be specified i.n the Advocate for the accused shall be notification." . allowed to be present" shall be substituted; 24. Substitution of sec,tio'n 28.- For section 28 of the principal Act, following section shall be (d) in clause (0), for the words and figures substituted, name,ly;--j "to deposit 75% of the maximum fine leviable for that offence", the expression "to ,.deppsit, ~n cas,h, ,any. amount as '~28. Childten'sCourt.- The deemed fit by the Children's Court and Cllil(irE'n':s(~Ollll'tls:hall cbnsist' of a' p<;lrson his or her passport" shall be substituted; or is qualified to be a shall be its President; (ti) in sub-section (2), in clause (k)" for the word Government may also "testimony", the words and· figures "testimony or statement, as the case may appo:int any Se:3s~cms or Additional Sessions be," shall be substituted. Juaae a:s the of the Children'S v~'ur<. bilt no under this section 28. Substitution of section 33.- For section 33 be made after consultation with of the principal Act, the .following s,ection shall be High Court. substituted, namely;- 25. AljJaelldLnellt of s~('tiG'n 2~.- In section 29 of "33. Offences to be cognizable and the pnnprpaJ -"01;,- non-bailable.- Notwithsta~ding anything contained in the Code of Criminal Procedure, (i) in sul"secticm the words "and the Jury 1973 (Act 2 of 1974 ),all bffenpes punishable omitted; under this Act ~hall be cognizable and . the followingsub-s<;lction non-bailable; exc~pt those l1"irl<" si).bst:ltulteci, namely;- . 4,5 and cla.use [(c) of Su]b-jE,ecticm section 7.".' ' shall frame rules detailed functionini'it and 29. Amendment .of section of the principal Act, for word I -wherever Children's. Court.".. ~lie '. 'r' OFFICIAL GAZETTE - GOVT. OF GOA 499. SERIES I No. 24 15TH SEPTEMBER,2005 it occurs, the word "State law" shall be to,by notification, direct that any power substituted; exercisable by it under the Act or any rule made thereunder may, in relation to such matter and 30. Amendment of section 38.- In sub-section subject to such conditions, if any, as may be (1) of section 38 of the principal Act, in the proviso, specified in the notification,. be exercisable also by for the words "two years", the words "five years" such officers Cir authority subordinate, to the shall 1!>e substituted. Government, asmay be specified in the notification. Proposed section 28 empowers the Government 31. Insertion of new section 42.~ After section to appoint the President for the Children's Court. 41 of the principal Act, the following section shall Proposed section 42 empowers the Government be inserted, namely:~ to issue directions in respect of matters not provided for in the Act; "42. Power to issue directions.- The Government may, by general Dr special order, is'lue such These delegations at<9 of normal character. directions as it, may deem necessary in respect of matters not provided for in this Act and not inconsistent thereWith:", Porvorim-Goa, SUBHASH SIDRODKAR 23rd Augu'lt , 2005. Minister for Women and Statement of object and reasons Child Development. The Goa Children's Act, 2003 (Act 18 of 2003), Assembly Hall; S. A. NARVEKAR, was enacted by the Legislative Assembly of Goa Porvorim-Goa, Secretary, Legislature. for the purpose of protE;lcting, promoting and 23rd August, 2005. preserving the best interest of the children in Goa ANNEXURE and to create a society that is proud to be clPld friendly. However, in the cburse of implementation ofthe provisions of the said Act, it has been noticed EXtract of The Goa Chiidren'sAct, 2003 that there.are some in the said Act, which are required to be so that the same do not cause a hurdle in riutthe purposes for 2. Definitions.- In this Act, unless the context which the said Act was E1IUlctI9d. otherwise requires,- This Bill seeks to aC:hie,ve the above objects. (a) "authorised officers" means officers that are appointed as such under the provisions of this Act; Financial MFimor"nril (b) "A care giver" is a person who is responsible for " There are no additional !1IJlaIJlciial implications on lobking after the wellbeing of 'the child. This the State; Exchequer to the proposed person may be a staff member of any residential amendmeht apart those arising' from facility for children, an employee of an educational the viz. Goa Children's institution, a nursery, creche, ,a clinic, a hospital, Act, 2003. a sports club,::a recreational f~cility, or an employee of any tacility which piQm.des sei'vices to children; Delegated Legislation (c) ''A place of care" of children are an the places mentioned in cl.ause; (b) ana any; other. place . '., , ", ;. ,. ~ .' , PrIJp(JSE,q. sub-se'Ction(6A~) of seCtion 13 of the Act which is a place fbr ;the care and custody of Gcjv'9rllIrfellt to', frame rul~s as children; , i cri:lls·tit)lbon, tRIms and conditiohs of pro cl9d Ille Cif meetings, . etc., (d) "Child" means any pe~.son wh,o h,as1).ot completed .Cc)mrn7.ssion Chi\dren.· Proposed eighteen'vears o'fa£re ultl!e'jSainyotl!~r law 'in force errlt\>clw'9rs the Government SI~ciliE~c'th'9zV~,eoliplrte:ss(~h&n~seinilicated notifllcationlin the Official Gazette, in specific provisions the, amount, for the (e) "Child hicasEl ofchild'lalbOl"" beaperson coml)01m.:iir.lQ' of' offences. Proposed whol1as not ,·c orrlpl,~~ed l1is·.I, 'U1t~'9Ilth' year of enlPC)Wers the GoVernment age;,. 500 OFFICIAL GAZETTE -: GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 (f) "Children's Home" means an institution, whether (i) psychological and physical abuse, neglect, called an orphanage, home or by any other name cruelty, sexual abuse and emotional .. and where one or more children reside, either maltreatment; . fully or partly; . (ii) any act by deeds or words which debases, (g) "Chief Secretary" means the Chief Secretary to degrades or demeans the intrinsic worth and the Government of Goa; dignity oLa child as a human being; (h) "Children's Court" ,means the Court constituted (iii) unreasonable deprivation of his basic needs . under section 27; . for survival such as food and s!;lelter; or failure to immediately give medical treatment to an '(i) "Competent authority" means the Secretary to injured child resulting in serious impairment the Government in charge of the Department of of his growth and development or in his Women and Child Development; permanent incapacity or death; m "Child labour" means all forms oflabour involVing (n) "Dedication" means the performance of any act children below the age of fourteen; or ceremony by whatever name called, by which a girl child is dedicated to the service of any (k)"Certificate" means the certificate of registration deity, idol, object ,of worship; temple, other granted under section 6; religious institutions or places of worship; (1) "Child in need" means all children including (0) "Director" means the Director of the Director~te those whose rights ar,e being violated orwho need of Women and Child Development; special'attention andlor protection and shall include, for the purposes of this Act:- (p) "Fund" means the State 'Children's Fund constituted'under section 14; (i) Child in need of care and protection and juvenile in conflict with law as defined in the (q) "Guardian" in relation to a child means'his Juvenile Justice (Care and Protection of natural guardian or any. other person who is Children) Act, 2000 (56 of 2000), legally authorised for the purpose of having the actual charge or control over the child; (ii) Chilq labour; (r) "High risk" areas means'those areas in' which, (iii) Street Children; children'are vulnerable to exploitation as notified by the Government in the Official Gazette; (iv) .i\. child who has dedicated; (s) "'Offence" -'m'earis an- act' 'or 'omission: made (v) A foetus; punishable under any law for the time being in force; (vi) (t) "Prescribed medical authority" means that (vii) .(\ "hIllCl ,n a, H"ffi,'krel/is'tered or otherwise; , authority whose 'i,ertificate on the age of a child , (viii) , shall be conclusive evidence as to the age of the, child to whom it relates; (ix) (u) "Prescribed" means prescribed' by rules under (x) this Act; (xi) (v) "Registered children's home" means a, (xii) qblilclren ,)f c"mm~"cialsex workers; clilldren's home,which h,as been registered under this Act; , (xiii) , i (w) u::;ecretary" means, the Secretary ,to the (xiv) child wllo"e !lar,mt;s are separated or , 'Government in of the Department of Wornen and De'v~llop''me,nt;" , " (xv) '! (x) "Sexual Offence" all fOlm,,' df'~exu,iiI abuse which c', ,nstituLte"ffeot\CE's Act; (m) "f"'},"" , __ maltr~atmen~, (y) , "Sexual offences" fmc tile ':PUrpC)SE's! of awarding. ofthe child which ,:appropriate "action and ,ii?-~luci_es,--:- i , OFFICIAL GAZETTE - GOVT. OF GOA 501 SERIES I No. 24 15TH SEPTEMBER, 2005 (i) "Grave Sexual Assault" which covers (6) For the proper implementation of the Rights of the different types of intercourse; vaginal, oral, Child included in the Convention and to prevent any anal, use of objects, forcing minors to have discrimination, exploitation or abuse of the child on any sex with each other, deliberately causing ground, government shall take adequate measures; injury to the sexual organs, making children pose for pornographic photos or films; (7) All the authorities, whether public or private, social welfare institutions, or legislative bodies shall, while (ii) Sexual Assault. which covers sexual touching undertaking any action concerning children, take the best with the use of any body part or object, interest of the child as the primary consideration. voyeurism, exhibitionism, showing pornographic pictures or films to minors, (8) The provisions of the Convention on the Rights of making children watch others engaged in the Child are taken as rights of the child in Goa and are sexual activity, issuing of threats to sexually legally enforceable, except where they pertain to the abuse a minor, verbally abusing a minor using Central Govemment or to any other authority which is vulgar and obscene language; outside the purview of the State Government provided that nothing i~ this section shall restrain'the Government (iii) Incest which is the commission of a sexual from specifying higher standards for children. offence by an adult on a child who is a relative or is related by ties of adoption. 4. Education.- (1) That State shall endeavour to promote holistic education. Universal application of joyful (z) "child trafficking" means the procurement, learning processes should be ensured. recruitment, transportation, transfer, harbouring or receipt of persons. legally or illegally, within or (2) The State accepts the concept of zero rejection for across borders, by means of threat or use of force children. No child shall therefore be denied admission to or other'fonus of coercion, of abduction, of fraud, any school on any ground inclnding that the name of the of deception, of the abuse of power or of a position father is not available; the absence of relevant of vulnerability or of giving or receiving payments documentation; the child is suffering from HIV or AIDS; or benefits to achieve the consent of a person belongs to,marginalised communities; suffers from any having control over a.riother person, for monetary illness or that the child is differentlyabled. gain or otherwise. (3) All schools shall have a trained counsellor for (za) "Differently Abled Ghildren" includes children providing counselling facilities to children. In mixed with difficulties and scho~ls, there shall beone male and one female counsellor. The State shall provide assistance to all schools to achieve I this. 3. Rightsofthe Child. . The State shall ensure that children and the young are pr'pt"cted against exploitation (4) All schools shall include child rights and gender and that they are given and facilities to justice in their curriculum and at least 48 hours of develop in a'healthy maIUler in conditions of freedom instruction every year shall be exclusively devoted to and dignity. teaching and discussing all matters related to these. The .'i duties of the child should also be discussed during these (2) Childhood, and youth . be protected against sessions. This will apply to all students from Standard V exploitation and moral and material and above. abandonment. (5) The school curriculum shall also include health (3) The • prolIlpte with special care the , awareness including malaria, AIDS, personal hygiene, ch'ildlr~', fn,mthe weaker sections nutrition, family life education, communicable diseases, Sclhe'~ulled Castes and Scheduled Tribes. alco?olism, ~ubstance ~use. etc. irresp~ctive of the stream of educ.ation. This will apply to all students from ..' J (4) The shall, regardl the rais,ing of the level of Standard V. and above. nutrition st,mciard\ of livirtg as well as the among its primary duties. (6) He.uth applied educatidn towards holistic health shall be compUlsorily included in among (5) The pr'p'~isi'Dns qo:nv,mt:ion of the Rights of other things, 'yoga, prayayrurla and in the the Child as lac,oecled Government of India are· physical edutation 'Curricululn. This apply to all hereby de"I (8) The Government shall work towards the goal of clean and free of garbage, faeces, and other items universal elementary education and eradication of harmful to children. Non-observance of the provisions of child illiteracy within a period of three years from the this sub-section will canry a penalty which may range commencement of this Act. The State shall prepare a fromRs.l00/-toRs.1000/-. comprehensive Plan of Action for achieving this which may include provision for alternate schooling (8) The State shall strive to reach higher standards for including non-formal education, vocational and children by protecting them from malaria and from all livelihood-skills training, and shall create the necessary avoidable illness and diseases. infrastructure and an enabling environment in order to realise the goal. (9) Special provisions shall be made for the treatment, education and integration of all children with leprosy. ($) The State shall lay down guidelines for early childhood care and education and for all pre-school (10) Special attention shall be given to issues of educational institutions for children, including substance, drug and alcohol abuse in children. registration and regulation of standards. 6. Children's Homes.- (1) All Children's Homes must (10) Every school shall have safe drinking water, toilet be registered under this Act. Such Children's Homes as facilities and adequate physical infrastructure. have already been set up prior to the commencement of this Act shall apply and must register themselves with (11) Every school shall be equipped with appropriate the Director in the prescribed form within three months and adequate teaching aids. from the commencement of this Act. (12) Corporal punishment is banned in all schools. (2) The provisions of this section shall not apply to:- (13) The State shall, in the manner prescribed, provide (a) any hostel, etc., directly regulated by a support to all children with disabilities and challenges. recognised educational institution; (14) A participatory evaluation and learning process (b) any school, home, or any other institution for rather than the exam system based on learning by rote children which is recognized by any other Act in and ensuring that all children have attained minimum force in the State; levels of learning should be evolved. (3) The State shall set up District Inspection Teams for 5. Health & Nutrition .- (1) Mandatory immunisation the regulation, supervision and control of all Children's with MMR vaccine in cn.l1ClrE>ll, Rubella vaccine in Homes in the State. adolescent in girls and B vaccine in infancy should be introduced as part on going Immunisation (4) The members of the District Inspection Team shall programme of the State. be appointed by the Secretary; (2) The State shall en.dE,aV'oclr to make possible (5) The term of Office of a Member of the District Maternity leave of 6 months in sectors of employment Inspection Team shall be two years. including for adoptiv~ mothers., single parents . (6) A Member may at any time resign by giving notice (3) Creches and day care hpnt"p" for infants and in writing to the Secretary. The vacancy so created shall children of working mpthers in sectors of employment be filled in by the Secretary within two months. should be set at the work or close to the same, in cities and villl,\,g-e,s, to the m'lXiifllC1m extent of available (7) If, for any reason, the State Government considers resources. it necessary to remove a Member, th,en it shalldo so after recording its reasons in writing. (4) The should en,st:lre the creation and o~co:mI>re'hens:ive~e:althc'ards inclusive of (8) On and from the commencement .of this Act, no dfl',el'Dplne:o.ta,l, ifo.m.unisa.tion and other person shall maintain or conduct any Home except under, records for childlre.n including those in and in accordance with, the conditions of a certificate of creches, UUUH't and schools, anfi l:ni!g-nmt children. registration granted under this Act. (5) The shall seek to PIr'Dvi.de for palliative and (9) Every person deshing to maintain or run a home tenninal ~"""'" infants kd, with life threatening shall make an application for a certificate of registration and like and HlV/ AIDS. : to the Director in such form: and conta:ining such (6) That elJ:ecC\l,'e steps so that parents particulars as may be prescrihed. do not trans,niF their child. i, (10) Provided that a person maintaining or ¢onducting ir\,iividtlals, organizations, a home at the commencement of this Act" shall Poe allowed institutions " to ke~p theiriirrlmediate environment a period of three months from such comme*cement to OFFICIAL GAZETTE - GOVT. OF GOA 503 SERIES I No. 24 15TH SEPTEMBER, 2005 apply for ~uch'certificate get themselves registered under nature, either temporarily. pennanently, pi,ece-rated or this Act. part time; (11) TIle District Inspection Tharn, after scrutiny of the (d) all forms of self employment meaning labour such application form and after checking all other as rag picking, plastic bag selling, nut selling, running requirements. may grant or refuse an applicati~n for errand~, carrying load of ~hoppers etc. registration to run the Home stating the reasons and with the prior approval of the Secretary. Criteria for granting (3) All Children who are identified as child labourers registration and provisions for revoking of a registration ~hall be innnediately released therein and placed in a shall be as prescribed. registered Children's Home or a State run institution or any other place identified under the. Plan of Action. (12) The Chief Functionary of the Children's Home can be authorized to surrender the registration by the (4) The State ~hall en~ure that a sati~factory Governing Body or 'Il:ust through a resolution passed, and Rehabilitation Programme i~ .in position before taking . can give an application to the District Inspection Tharn action on this. stating the desire to surrender the-registration. However, the application has to ·be made six months in advance. (5) The punishment for violation of the provi~ions of The District Inspection Team has to arrange for another thi~ Section ~hall be a~ under:- management to take over or entrust the Home/Institution to the State. (a) for all forrn~ of hazardou~ employment, a fine of R~. 50,000/- (Rupee~ fifty thou~and only )with (13) Functions of the District Inspection Tham shall ~hnplehnprnonment of one year for the employer; include: (b) for allforrn~ofnon-hazardousemployment, afine (a) Supervision and control generally of all matters ofRs. 25,000/- (Rupees twenty five thou~and only) relating to' the ,management of homes in and ~imple Imprisonment of three months for the accordance with the provisions of this Act. employer; (b) Checking the application of those parties who (c) . for all form~ of dome~tic labour, a fine of have applied for a registration and taking a R~. 50,000/- (Rupee~ fifty thou~and orily) for the decision before giving them permission to start person em~loying the dome~tic child labour; an institution, all the papers. (6) The State. ~hall formulate a comprehen~ive Plan of (14) After a child C'OlIlpl'9te,sj 18 years, a report has to Action to eradicate all forrn~ of Child Labour within a be prepared and the District Inspection' period of two years from the commencementofthi~ Act. Team, indicating Iand mental state of the The Plan ~hall' includ~" ~cheme~ for the identification, child and provisions for fmCtheri,su]PP'Drt relea~e and rehabilitation of the child labourer~, their education~ integration-in~b society and imparting skills (15) In the event of inmate, the Home shall' and vocational training to them and for the prevention of submit a co:mrlrehe,nslv'H.,p()rt Fo the District Inspection child labour. Tharn .. " (7) The Plan of Action ~hall be implemented VUl1ULf I I ! 504 OFFICIAL GAZETTE -GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 . 8. Child Abuse.- (1) All children should be assured of (10)OilUS on Establishmimt:;(a) AllH()teis, and other a safe environment .. A safe envirorunent is an environment establishments which provide boarding or lodging or any in which he/she will not be abused in any way and his/ similar facility shall ensure that children are safe and not /her development will be nurtured. at risk of child abuse within their premises including all adjoining beaches, parks etc. if they have access from (2) Whosoever commits any sexual assault as defined such establishment. under this Act, shall be punished with imprisonment of either-· description for a tenn that may 8J:dend to three (b) No child shali be allowed to enter any room of any years and .shall also be liable to fine of Rs. 1,00,000/-. hotel or establishment which provides boarding Whoever commits any Grave Sexual Assault shall be or lodging or any similar facility uniess the child punished with imprisonment of either description for a is registered as staying in that room with family, term that shall not be less than· seven years but which relatives or person related by blood: may extend to ten years and shall also be liable to a fine Provided that nothing in this sub-section will be ofRs. 2,00,000. Whoever commits incest shall be punished deemed to apply to reasonable areas such as with imprisonment of either description for a term of one group of school children accompanied by a year plus fine ofRs. 1,00,000/-. Thstimony of the child victim teacher(s), children who may be staying with their shall be treated on par with the testimony of a child rape friend~ and their ..cirrJUes, etc: victim under Section 375 of the IPC, as laid dowhby the Supreme Court oflndia. (c) All Hotels and other establi~hments which (3) _When a sexual assault or a grave sexual assault is - provide boarding or lodging or any similar facility committed, the need to ascertain whether a child needs' shall ensure that no child has access to any to be medically examined or not shall be decided by the internet facilities which are not fitted with filters investigating ,autho.rities in consultation with a and to any objectionable material including professional social worker/counsellor. through fihn or videos, disc-players, cable or any other medium provided by that establishment. (4) Onus on person.- It has been found that adults "keep" children with them for a number of ostensible (d) The Owner and the Manager of the hotel or reasons and in many cases this-is an arrangement (or the establishment shall be held solely responsible for sexual abuse of the child. All persons, who keep with any vi91ation of th:is section. them or resid'; wholly, partly or in any form with one or more child/children who is not related to them by blood, (11) Offence in case of tourism related child sexual shall inform this fact to the Director as per abuse, shall be non-bailable offence as defined under the prescribed form. It will the responsibility of the section 2 (a) of the Code of Criminal Procedure, 1973 .. person to give this' in:[ormi.1jion ~ither in persoll and obtain a receipt or to send by Registered (12) Any form of soliciting or publicizing or making PostA/D. children available to anyadult or eyen othe.rchildren for purposes of commercial'exploitation is prohibit'ed. This (5) Provided that a periqfd of 3'months from the includes hosting websit~s. taking suggestive or obscene commencemimt of this Act be allowed to ihform'the ph()tographs, providing materials, soliciting customers, Director. gulding tounsts· and other clients, appointing touts, using " agents, or any other form which may lead to abuse of a ,(6) The Director shall have power to authorize the child, District Inspection Team inspect and check the child/children in each case sub~section (4) and to (13) Whosoever commits the offence of sale of children submit, a.repqrt witllmcoltnru'1'udatiiorls, if he conSiders it or aids or abets the sale of a child or the body part/organ necessary. of a child, or where there is sufficient reason to believe is (7) m 'ca',es where it is necessary, action will be keeping a child for the purpose of using or selling any body part of the child including its blood, shall be taken to the child "".4'jJ'''.'''' himin a registered Children's punished by imprisonment of either description for a period of not less than one year extendable to three years (8) Pn,vid$d in this section .shall ' and a fine of not less than Rs. 50,000/-. apply t() ~~.~~,- ... ;h.,"'~ te"sc,na!billity exists such as when the or visiting (14) It shall be mandatory for a developer of photographs them on or students are in a or fiims, if he finds that the photos/films developed by group, etc. him -contain sexu~l/obscene depictions 6f;children, to report this to· a police officerl not belowtherahk of a (9) Any "i'''''''' iin[~rml the Director beyond the Deputy Superintendent of Police t() be specified by the period of 3 m~'nttls person(s) liable to a fine Government~ :-Failure to report the of -such ofRs. ",VV,C'VIjI/- at~O sl.m];,,!, im]pri:sorim.mt for one year photos/fihns shall attract a pen~lty of an of section have been either description which shall not be less one year W'" "'" '\' a,ddiiti\l,n· to any other punishment ' but which may extend to three years a minimum pena:ityofRs.50,OOO/-. OFFICIAL GAZETTE - GOVT. OF GOA 505 SERIES I No. 24 15TH SEPTEMBER, 2005 (15) Airport authorities, border police, railway police, 9. Child Sexual Traffialdng.- (1) Child prostitution traffic police shail report any suspected case of trafficking shail be prohibited. of children or an adult travelling with a child under suspicious circumstances. ·Such adults may be detained (2) It shall be the duty of the State to remove all child for questioning at the nearest police station. prostitutes from their existing place of exploitation and to ensure that they are rehabilitated and integrated into (16) Sale of children under the garb of adoption or society. otherwise shall be prohibited. For the purposes of this Act, sale of children takes place,- (3) The State shall prepare a comprehensive Plan of (a) when there is trading, i.e. selling children; Action for this purpose which shall include providing education and livelihood skills to such children and the (b) when a pregnant mother executes-an affidavit of prevention of child prostitution. consent for adoption for a consideration; (4) Any person who exploits a child for commercial (c) when a person, agency, establishment or child sexual exploitation shall be liable to pay a penalty which -caring institution recruits women or couples to may extend to Rs. 1,00,000/- and simple imprisonment of bear children for the purposes of child trafficking; one year. This will be in addition to any penalty or (d) when a doctor, hospital or clinic official or punishment that may be enforced under any other Act in employee,-uurse, midwife, local civiliregistrar or force. any other person creates birth records for the purpose of child trafficking; or (5). All steps shail be taken at the protective home to restrict or even deny the visiting rights of anyone who (e) when a person engages in the act of finding may be considered to be a perpetrator, including the children among low-income families, hospitals, parent of the child, clinics, nurseries, day-care centres, or other child-caring institutions, who can be offered for (6) Notwithstanding any custom or law to the contrary, the purposes of child trafficking. .the dedication of a minor girl child as a devadasi, whether before or after the commencement of this Act;, and (17) Sale of a body part/organ of a child is prohibited. -whether she has consented to such dedication'or not. is hereby declared unlawful,void, and to be of no effect and (18) Jnall.m'atter:" consent or. willingness. or any minor girl child so dedicated shall not thereby be otherwise ofthe (19) The State s. hallI"ro'lTjdleforthe setting up of one or (7) Any person who, after the commencement of this more Victim which shall facilitate the Act; abets the perfonnance of any ceremony or anyact for child to deal assist'the child dedicating a minor girl child asa· devadasi or and in process~:$ involved with as a witness before ceremony or act connected therewith shall,;-on conviction, any Court or a case of abuse of a child. be punished with imprisonment of either description for a term which may extend to 3 years and with fine which . (20) The State shall out child sensitisation may extend to two"thousand nipees: programmes for police ofJiF''"s a't all levels which shall include an rights laws. Child rights Provided that where the persori referred to in this laws and I child-abuse related cases Section is the parent or guardian or a ·relative of the shall also in the Police Training School cUlTI,euJcUI]l. minor girl child so dedicated, he shall be punishable with, ilnPi:ison~ent of' either' descrlpti!:>ll ~~hich may (21) uq.aen"Ke' child sensitization ext~Ild to 5 y"arsbllt which shalIno\; be less than in,'ohrecliin healing and rehabilitation 2 years, ' and with fine., which may_'" _ extend ' __ to.i' five _.thousand pther ielssist"\Dlce ~or children who are . rupees but which shall not: beless than two thousand ofinformation support rupees. and...T.rellru.'I'gP~~~:~~;~~~,~~~::.es I 10. Children in Difficult Ciraumstanaes.,-'- (1) The State (22) pe,peLrtinentof tthe Government shall shall endeavour, within a period of .two years from the and Thurism 'fradeof Goa to commencement 6filiis Act, to withdraw stree:t..ctilidren Fri,eU,:lly, Tourism Code for Goa; .- ': .' ,--' -, ", l " ,- ,;n1 " from life_ on;the s~reets; !, _ ' (23) Th4C,ov'enuj>ent shclill ha've the power to appoint ...... il'· pose a:s prospective 'clients (2) All Street Children shall be withdrawn and placed enlp~oy,ers:.ofchild labour etc.· and in a Registered Children's H6me or a StatJ run institute or COIUrs, of such operations shall be any other place proVided thata,satisfacto& rehabilitation provisions of this Act. programme is in place before this is startrd. 506 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 (3) The Government shall fonnulate a Plan of Action (h) Estalolish norms for good pmenting and evolve a for the education, rehabilitation, education and strategy for achieving this; integration into society of these children. (i) Undertake and promote resemch in the field of (4) The State Govenunent shall establish and mailltaill, Child Rights; either by itself or in association with the voluntary organizations, Children Shelters in every taluka for the (j) Prepme disaggregated data on all children in Goa reception of children in difficult circumstances, their in terms of category, age, sex, etc. rescue and support and for coordinating subsequently their care, treatment, education, training, development (k) Examine the situation regarding children and rehabilitation. particulmlythe status of the girlchild, assess the reasons for discrimination and recommend 13. Other Provisions.- (1) The Government shall create strategies for their removaL the State Children's Fund for raising and coordinating resources for achieving the purposes of this Act. (6) The State .Level Authority shall be constituted within, a period of one year from the commencement of (2) There shall be credited to the fund such voluntary this Act. donations, -contributions or subscriptions as may be made by any individual or organization. (7) For finalizing all the Plans of Action, Government shall set up.separate Steering Committees. comprising (3) All fines imposed under this Act shall be credited persons with experience in that particular area, social to the Fund. workers, Government officers and others. Officers of the Central Government should participate in the (4) The fund created under sub-section (1) above shall deliberations leading up to the Plans, and Government be administered in such manner and for such purposes as shall carry out visits to other States to see best practices may be prescribed. specially in terms of rehabilitation, education and integration of children. The ·Steering Committees shall (5) There shall be a State Level Authority which may oversee the implementation of the Plans of Action. be called the State Commission for Children to promote and maintain the best interests of all the children in Goa (8) There shal1 be a Village Child Committee which and which will carry out such functions as may be shall be constituted by each village panchayat. The prescribed. The functions may include the following:- committee shall comprise not less than five persons of whom one shall be a child above the age of 15 years and (a) The creation of a the other members shall comprise representatives from the village panchayat and social workers of whom at least (b) Preparing and impl• .p:lerltillg a systematic plan 2 should be women. The Village Child Committee shall for aVlla1!erles:s amongst . different ensure the best interests of the child 'and will pay gr<,u:ps"Irlor)iliza·tioni,;ct.ionand dialogue within. particulmattehtion to providing recreational and play civil Rights; facilities for children;' The Village Committees will also interact with the departments ofthe State Government (c) Develop a q~pa('tt"PI've,loI)m'enl;strategyforthe in the implementation ofthe Plans of Action for elimination pre'gn,ss:i,,:e imple'Ijl,mtation of Child Rights of child illiteracy, children on thestieets, child the training of teachers, prostitution and child laloour, and will carry out such other functions as may be laid -out froin time to -time. (d) Ke'{~e'N all State L~!;)islation.s, Rules, Orders, (9) There shall be 4 or more such Child Committees in N()tf1:ic'.ti'ohs, SChenfes and 1.11 other provisions each Municipal/Corporation meas. cruildJ:e* and recommend necessary (10) The Government shall institute 'a system for ensure that the Rights of :~I~~~~e::.: :~:I~::~~~ recognizing and recording appr~ciation 81 outstanding work done by individuals, orgaruzations or departments (e) Th rj:te,nil:or the imlple:fnentEltion of the Convention in achieving the best Interests of the Child under this Act. (f) chi1djI:en become fit citizens and (11) The Govenunent shall carry out 'an awareness. given the opportunity and campaign after the cominencsment of this Acfto appraise' and develop thinking and the public about the provisions and t6 solicit their well as skills of developing cooperation. Sustained media advocacy vJill be' taken up with.NGOs, Women's Groupiand others t6 create public awareness on the issues involved. Doorda~shan, the:Print (g) anfficpalllSlnr) h"m cOlnplailrts from child Media, Radio, Private' TeleV:ision Chann!els and, cable I networks and all other forms 'of media .will be used. OFFICIAL GAZETTE - GOVT. OF GOA 507 SERIES I No. 24 15TH SEPTEMBER, 2005 (12) Appropriate guidelines for the protection of (22) The State shall make special provision for the children from infonnation and material injurious to their children of prisoners and commercial sex workers. well being as well as harmful exposure in the mass media shall be preparedand implemented. For this purpose, the (23) The Competent Authority shall have the power to Goverriment, with the assistance of the State Information direct any registered Children's Home to accept any Department, shall set up a State Council comprising of child/children in distress provided that the said Home . persons from the media, and others, as may be prescribed. has the facilities for taking care of the extra child!children . (13) All persons appointed by the Government under (24) The decision of the Competent Authority as to who is a "Child'; shall be final and binding. this Act as Members of District Inspection Teams, Thsk Forces, Authorized Officers and others shall be persons 14. Violation and Penalties.- (1) T.be following shall with the highest credentials and integrity. Their proposed be deemed to be violations of the Rights of the Child:- appointment and details shall be printed in the Official (a) non-adherence to or violation of any of the Gazette wherever they are non-Government stalf and the provisions of this Act including those in members of the public shall be given two week's time to Section 3. file any complaint against any proposed appointment. The Government shall consider all complaints received (b) If the Competent Authority is satisfied, after considering the facts and for reasons to be before reaching a final decision and the appointments recorded in writing, that any act 6f omission or made will be notified in the Official Gazette. commission constitutes a non-adherence to or violation of any of the provisions of this Act (14) The Police Department shall formulate an including those in Section 3. exclusive Child Code including issues of Child Friendly Police Stations, interaction and behaviour with children, (2) There shall be a Competent Authority which for mandatory sensitization programmes, etc. the purpose of this Act shall be the Secretary to the Government in,charge of the Department of Women and (15) The Government shall constitute a Special Child Development. Advisory Group to suggest ways to protect children from the harmful influences oflthe internet. The Special (3) The Competent Authority shall have the power to AdvisoryGroup sh~ll include, amongst others, experts in inlpose penalties for any violation ranging from Rs. 100/ the field and members of th~ police. to Rs. 50,000/- on every occasion. , ! (16) No child below the\age of 14 shall be ,allowed (4) If such fine is imposed on any Government servant unaccompanied inside any cyber cafe or any other for violation of the rights of a cIlild, the fine so inlposed establishment which any computer services to shall be paid by the defaulting employee or recovered the general public against a ,;U.". from his salary or wages. (17) All establishments p*,)vi,ditlg training to children (5) The decision of the Competent Authority as_ to through computers shall that child friendly whether an action or inaction constitutes a violation of safeguards are installed that no child below the age the rights of the child shall be final and binding. of fourteen has access to facilities other than in the presence of an adult that establishment. (6) The Competent Authority may, by special order or notification, entrust any or all of its powers :and functions (18) The owners of establishments under on such officers of the Government Who shall be su:b-s:eclciOll~ (16) ai"d (17) be held responsible in case designated as Special Officers under the Act, any child , acces~ing m,.t~'ri'i1 or sites unsuitable for children. (7) The Government may notify Authorised Officers who will have the power to entertain complaints eSloaJ:)lishrr,,*',ts und,?r sub-sections (16) regarding violations of the rights of .J. child. "I:he th,oirpr,ejIJlis"sfreely available to the Authorised Officers may call for information from any any1time.· Of:fi~,orsfor person in Goa regarding such violations: Authorised Officers shall submit their report on each violation, with the illicit procurement, recommendations and justifications for the same, to the "I'u of psychotropic and alcoholic ""-'~ l"ar'col;i~, Competent Authority. subs'tarlcE,sl anyop.e found guilty of se11er,~ly punished. (8) The Competent Authority may take action under , the' provisions of this Act in any case of a child. (21) AIly than one and ~ fine not less than rupees fifty the Director,'. to the Competent.". I Authoritt, or a Special thousand. Officer. 508 OFFICIAL GAZETTE -GOVT.OF GOA SE;RIES I No. 24 15TH SEPTEMBER, 2005 . 15. Powers of the' Competent Authority.- (f) . If the circumstances -so warrant e.g. rescue of a- child Competent Authority' is satisfied, whether upon prostitute who has to work during night hours; iniorrq.ation received or otherwise, of the violation of the (b) such entdes shall be made byagrotip of a rights o.f a child, he shall issue a notice, requiring the all minimum of 4 persons to be prescnbed, which . person or persons who the Competent Auth~rity deems . shallinclude atleast two women. . to be responsible for the violation and/or if that person or be - then the employer, superior per~ons ~annot fou'fid .. 16. Penalty for preventing entry of the Competent officer, relativ:~s or any.oth~>r person or persons V'!ho,the Authority or Special Officer.-Every person who prevents Competent Authority is .satisfied as to be responsible for the Compet,mt Authority or any Special Officer from the violation, to appear before him and to show cause exercising his lawful power of entering thereon or-there why .action should not be taken against him and take into, shall be punished with simple imprisonment for a oneor more of the following steps, within a period as may term which may extend to one month or with fine which be fixed in the notice, and not exceeding sixty days in may extend.to five thousand rupees, or with both. anycase:- 17. Competent Authority's powers in case of default. (a) to dismiss the reference; If the person on whom anotice is served under sub'section (b) direct the person or persons to take such steps as (1) of Section 15 ref11ses to take- necessary action -as ,may be necessary in the be::st intere~ts of the specified in such notice within the time specified therein, child; the Competent Authority may himself take such measures or adopt such treatment and,recover the cost of (c) to levy a penalty (fine); doing so from such person as the COinpetent Authority (d) refer the matter to any other authority including may decide including the employer or relative of the the Police; person, in the form of salary or wages, property tax or any other tax. (e) any other action the Competent Authority may deem fit and necessarY including calling the 18. Appeal against the decision of Competent person(s) for a personal hearing and directing that Authority.- An appeal against any decision of the a child be removed: Competent Authority shalilie to the Chief Secretary. Provided· that the Comp"tent Authority, for 20. Cognizance of offences against Act.- No person r~a!30~;~9_ ~e. ieco~4ed in writIng, ,may E?xt,~nd shall be tried for any offence against the provisions of this the period specifieq in such notice. Act, or any rule, made thereunder, unless complaint is made by the Police, or the Competent Authority or a (2) The Ofi'icE.r-io,-charge, of the Police Station of the Special Officer or by a person expressly authorized in this . area concerned where reportedly took place behalf by the Government. shall be duty bou;'d aI)p. when called upon by the Competent or any Special Officer to 21. Powers to compound offences.-c:The Competent provide including removing a child. Authority may compound any violation against this Act The p,\lke. sta~ion, ,shall be ortha rules'made thereunder whieh may, by notification am,wElIal)\e and rE'Sp'Dm;ib~e. ~or o~ ,the in the Official Gazette be declared compoundalole. req[ui"iti'JI)m".de.by thE,C,*,,:pet:entAutt,ori.1y or by any Special Ofl'icE.r. 22. Power to police officers to arrest offenders against Act, etc.- Any police officer who sees a person committing (3) l'h",lallw:e t') cc)ml)IYiwilhthe. directions contained a violation against any of the proviSions of this Act or of in the (1) shall be cognizalJle any rules made thereunder, may arrest such person. offence ~mprisonment f~r ~?I: ,~~nn which or with fine which may 23. Powers of the Special Officer to .arrest offender against Act, etc.-Any Special Officer who sees a person committing a violation against any of the provisions of th'is.j'~illur" may be compoundedby the this Act may arrest such person. .Any person so arrested C')mpetel~'t .Au.thority, ?-grees to pay a fine of shall'be handed over to the {)fficer-ir';-charge of the firs~tnstaJa,*, andRs .. l0,000/-in the second nearest police statIon as expediti'ously a's- pOSsible. instar,ceop:[y. ProvidE,dfllr1jher that this will not prejudice pr,)ce'ediI¥:J""<'$.I)er!S\l.b",e~tion (1) of this Secti0rl' 24' Procedure aiterarrest.- Any persoh arrested for an .offence under this Act s'halll)einl'ormE,d)" as soon as may (4) hepom~)et,ont AUlth,prit.y or at,y Sp.3cial Offici,\' may .. ~.,,"~,•. _ •• ,. Ini"p,oc~' any weIILls,es for the purpose of be, of the grounds for'such arrest and be produced pr0'1isions contained in this Act before the nearest Magistr~te within of twenty from such premises: follrhours,9f such arr"st exc~udingthe • for the journey ,from the place: of arrestto CourtoUhe Magistrate and no such I;>.erson .shall d~tairled in . (a)' 'elitry' i,r",)1:nont,aUly be madeonetween custody beyond the said peripd authority of sum.lse except wheribthe a Magistrate. OFFICIAL GAZETTE ~ GOVT. OF GOA 509 SERIES I No. 24 15TH SEPTEMBER, 2005 25. Punishment for malicious abuse ofpowers.- Any 32. Procedure of the Children's Court.- (1) The person who maliciously abuses any powers conferred on Children's Court shall follow such procedure as maybe him by, or under this Act shall be punished with prescribed: imprisonment which may extend to one year or with fine Provided that the procedure so prescribed shall be child which may extend to one thousand rupees or with both. friendly and shall be deemed to include the following.- 26. Delegation ofpowers by Government and Competent (a) Age of funocence: A child is presumed to be autbority.-The Government or the competent authority, innocent of any malalide or criminal intent upto as the case may be, may, by notification and subject to the age of 7 years in all cases and upto 12 years in any restrictions, limitation and conditions' specified cases wher~in he is unable to understand the therein, authorize any person to exercise anyone or more .consequences of his action on account of of the powers vested in them by this Act and may in like immatwdty of understanding. manner withdraw such authority: (b) Procedural Protection offunocence: Procedural safe Provided that nothing contained in this section shall guards shall be guaranteed to protect the apply to any powers of the Govemmentto make rules presumption of irmocence; under this Act. (c) Provision ofLegal Aid: TO protect the child's right 28. Composition of the Children's Court.- The to' and presumption of innocende, provisions shall Children's Court shall consist of- be made, when needed, for free legal ald; (al a person who is or has been oris qualified to be a (c) Avoidance ofharm : At all stages, from the initial District Judge, who shall be its President: contact till disposition, extreme care shall be .taken to avoid any harm to the sensitivity of the Provided that no appointment under this section child. shall be made except after consultation with the High Court; and (d) Principle ofBest interest: This principle seeks to (c l a Jury of at least 3 persons. ensure physical, emotional, intellectual, social and moral development of the child, so as to make 29. ThnnofOffice.- (1) him a useful and good citizen by ameliorating Court shallho.ldoffice of five years or upto the the impediments to healthy development. e:ar:, I is eatlier, and· shall not be :a:~g~:e;~0:f"E6~:5~,Y~' ~;s:;,)~~::~:~·~ (e) Principle ofnon-stigmatizingsematics, decisions and actions: Non.;.stigmatizing semat~cs must be Provided that he, may resi[lnhis office in writing under strictly adhered to, and the use of adversarial or his hand-addressed to the Government and on such accusatory words, such as, arrest, remand, resignation being shall become vacant accused, charge sheet, trial, prosecution, warrant, and may be filled by summons, conviction, inmate, delinquent, possessing the same qu.alifi~;ations. neglected, custody, etc., is prohibited in the processes pertaining to the child under this Act. (2) The salary or honoi'a,tiwll and other allowances payable to knd the other and conditions of service (f) Principles of non-waiver of rights: No waiver of of the Presiclent aIid the members of the Children's rights of the child, whether by himself or the competent authority or anyone acting or Court ~naupe claiming to :act on behalf of the child is either (3) lloUW; ""1~" regarding the permissible or valid. Non~exercise of a IJn)cE.dulr~ of the Children's fundamental right does not amount to waiver. terms: of office and other mem~ers, the procedures (h) Principle of equality; Equality of access, other ~elated matters. equality of opportunity, equality under the said Act, is guaranteed to the child; and as such there 3lO0:~.;~::~j~~;~~~. Chilft1cen's Court.- (1) Subject to shall be no discrimiIiation on the basis of age, the p otthis'.A.ct, Children's Court Shall have sex; place of birth; !disability, raceiethnicity, off'enc4, against children whether status, caste;-cnlturalpractices, "activity or such sp.ec:i;fied nn.ll'PT ,·hi< Act or not; behaviour of the child or that of parents or guardians, or the civil and status of the child. (i) Principleoiright to privacy and qOnti,de11tbility (3) The.,\ .nW'AT< C(lmpe·teIlt Authority and the The child's rights to p'!-vacy and. ~onfi.dentilality shall not fall within the shall.he protected by all means "pd.threJU(lh all stages of thee proceecjings: 510 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I Nq. 24 lSTH SEPTEMBER; 2005 G) Principle ofFresh Start: The principle of fresh start (i) The investigator ascertains the need for medical promotes new begirming for the child by ensuring examination of the child victim and When erasure of his past records. examination is undertaken, ensures that multiple re-examination is avoided; (k) Principle of last resort: Institutionalization of a child will be the last resort after reasonable G) The medical examination should be conducted enquiry and that too for the minimum possible in the presence of the parent/guardian and social duration. worker/ counsellor as far as possihle; (I) Burden ofProof Whenever any offence is alleged (k) Child's testimony should be .rec?rded in the to have been committed against a child, the presence of a social work~r/c(;)Unsellor_as early as burden of proving that such offence has not been possible after the abusive incident with other committed by the accused shall lie on the . witnesses at hand; accused. (I) Adequate translation/interpretations and (m) Procedure for Children's evidence: Whenever a translators/ interpreters who are sensitive to the child who is a victim of a crime is required to children's needs should be provided wherever depose before any authority including this Court, needed. the child shali not be exposed to the presence of the accused or the perpetrators of the crime. (m) In case of a mentaliy chalienged· child, the competent service provider should depose on (n) Cross examination of child witness: Whenever behalf of the child; there is a need to cross examine a child witness, care shall be taken to see that the tender age or (n) The special needs of the child victims/ witnesses in case of a victim, the psychological condition of should be catered for. These should include the the child is taken into consideration and the following:- Children's Court.may adopt such procedures which are fair and suitable to the child. (i) Enable children to familiarise themselves with the court surroundings; (0) Deposit offine prior to trial: Whenever the offence alleged involves ajfine. in o;rder to ensure the (ti) Inform children of the different roles of the attendance of the proceeding key persons at court, such as the judge, the and. compliance the Court's directives and defense lawyer and the prosecutor; others the .court may direct the accused' 75% of the maximum fine (iii) Inform the court of the special needs of leviable at the begimring of the childrenin.general and of individual children tdal itself. in specifi9 pases; (2) In all dealings with qhildrerl, the Children's Court (iv) Help children to be comfortable in the shall follow the following qUid.,lirle,,,- proceedings; (a) Child. vi.:;tiliIls/witnl$sses are informed of their role (v) Encourage questionings to be short and clear inir:eg'3Idto court I}r()ceed:ings; so as riot confuse child witnesses; (vi) Permit children below eight years of age to (b) views are allowed to be heard and respond to leading questions facilitated by a social wqrker. (c) is minimized and their 33. Offences to be cognizable.- ,Notwithstanding anything contained in the.Code of Criminal Procedure, (d) pr'Dc'feelings are reduced; 1973 ( 2 of 1974 ) any offence punishable under this Act shallbe cognizable, .(e) j}..,mr·essiv;e q,ue,sflorrin.g or cross examination avoided and the same, if 35. Act to override Laws.-'- Save as otherwise provided through the judge; in this Act, the provisions d this Act shall have effect , notwithstanding anything inconsistent therewith (f) for trials in camera; contained in any other law 'for the timEi'i,eing in force or any custom-or us"age or any instrument-haVing-effeCt by (g) virtue of any such law. I ! (h) di:rlldl victiJms ar., p,reI)ared for the judicial process . I apld lPte)SE'cluLticm "0(. alleged abusers is not rushed, 38. Power to remove difficulties.-'- (1) I· Ifariy difficulty «",I,Iv 1:0 go to court; arises in giving effect to the provision~ of tliis Act, the OFFICIAL GAZETTE - GOVT. OF GOA 511 SERIES I No. 24 15TH SEPTEMBER, 2005 Government may by order published in the Official (i) in sub-section (2), clause (b), for the words Gazette, make such provisions not inconsistent with the II Domestic Trade Area" I the words "Domestic provisions of this Act as may appear to be necessary or Tariff Area" shall be substituted; expedient for removal of the difficulty: (ii) in sub-section (4), in clause (i), for the Provided that no order shall be made under this section after the expiry of two years from the commencement of words U amend any entry of the Schedule", the this Act. expression "add to, or omit from, or otherwise amend any entry of, the Schedule" shall be (2) Every order made under this section shall be laid, as substituted. soon as may be after it is made, before the State Legislature. 3. Amendment of section 7.- In section 7 of the principal Act,- Assembly Hall, sunHiR NARVEKAR (i) in sub-section (1),- Porvorim-Goa. Secretary to the Legislative 23rd August, 2005. Assembly of Goa. (a) after the words "to pay tax under" and before the word and figure "section 3", the words and figures "sub-sections (1), (2) and (3) of" shall be .inserted; LA/A/BILLS/1438/2005 The following Bill which was introduced in the (b) the following proviso shall be Legislative Assembly of the State of Goa on inserted, namely:- 29-8-2005 is hereby published for the general information in pursuance of the provisions of "Provided that any dealer of the class Rule-138 of the Rules of Procedure and Conduct specified in Schedule 'E' who is liable to pay of Business of the Goa Legislative Assembly. tax under sub-sections (2) and (3) of section 3" may, at any time during the year. by -~--'- making self declaration that his turnover of sales during the said year will not exceed the limit 'specified in' the' said Schedule 'E', :"apply for composition of tax under this ;-:sectton"; (ii) after sub-section (l), the following new sub-section shall be insertea, namely.- • "(lA) In the event ()f transfer of business to amend' the Goa Tax Act, 2005 under any of the circUmstances as provided (Goa A¢t No. '9 of .oVlJP/. , , under section 19, the total turnover for the purposes of subcsection (1) shall be the Be iteI:\~lcted j:..e'gislative Assembly of a.ggregate of the turnover ofttietransferor as Goa in the i~l:ttv-S:lXth of the ,Republic of India well as the tranSferee during !fie year and the as follows prescribed conditions,if any" shall be applicable with reference to such, aggregate of :the 1. title and cOJ~lenc,einel1t.-- (1) This turnover", Value;Acided Thx (First 4. Amendment of section 9.- In 'section 9 of on 'such date as the, the principal Act,-'- ' ncjltifi<=at:ion in the Official (a) in sub-section (2), i sec:tlio'n 5.-In section of (i) in clause (iv), for the words "in , ~, Act, 2005 (Act9 of respect of capital g'oods", (hE,~e:inafte'ri r<3ferr~d to as the "principal "in respect ofcapital:ge,odls/:incil.jf;triial, ll~Pl1 (li) after clause' (vij;thefollowing claUses "44. Offences Relating to Registration.~ , shall' be inserted, namely:- ' A person who fails,- ," , U(vii) in respect of taxable goods sold within the State or in the course of ,inter (a) toapplyfor registration as required under -State trade or commerce within the m~aning section i 8; Dr " , of section 3 of the Central Sales Tax Act, 1956 (b) to notify the Appropriate Assessing (Central Act 74 of 1956), exempted from Authority of a chaI).g-e in circumstances as payment of tax under any specific notification required by section 22; issued under this Act Dr under the said Central Sales Tax Act,1956; is guilty of an offence and liable on conviction,- (viii) in respect of goods used in the manufacture Dr processing of finished goods (i) ,where such failure is deliberate Dr despatched other than by way of sales repeated, for a fine not exceeding twenty five outside the State"; thousand rupees or to imprisonment for a term not exceeding six months, or both; Dr (b) for sub-section (6), the following (ii) in any other case, for a fine not exceeding sub-section shall be subs~ituted, namely:- t,!"enty five thousand rupees Dr to imprisonment U(6) A registered dealer shall be eligible for for a term not exceeding three months, Dr both". input tax credit in respect of entry tax paid by him under the Goa Tax on Entry of Goods Act, 8. Amendment of section 64.- In section 64 2000 (Act 14 of 2000) on goods other than those of the principal Act, the expression "Sales Tax covered I;>y Schedule 'G' and 'capital goods, OfficerNalue Added Tax Officer", shall be omitted. brought by him in ,the local area for u$'e Dr consumption in the manufacture, Dr ,processing 9. Amendment 'of section 87.- In section 87 of the principal Act, 'in sub-section (1), in Clause of goods within the ~tate: (d), in sub-clause (iii), for the words Uor of goods Proyided that in , of finished products out of ",the'words "Dr export of the goods out despatched l;Jy' way than, sales, th!" input of" shall be substituted. ' tax, credit on goods than those covered by Schedule 'q'_ (iii) in clause (3), after sub-clause (g), the of input tax cieditagainst anyi:lutstanding dues following sub-clause shall be' insetted, including dues under the Goa Tax on Entry of namely:- Goods Act, 20()0 (Act 14 of 2000) and under the Central Sales Tax Act,1956 (Central Act· 74 of "(h) signature of the dealer ot person so authorized to issue debit note" . 1956). • Statement of Objects and Reasons Section 18 ofthe Act is proposed to be amended so as to require the dealer to apply for amendment The Bill seeks to amend clause (b) of sUb-section of his certificate obtamed ii1term:sofsub~section (2)' of section 5 of the Goa Value Added Tax (3) of section 18 of the said Act, when he becomes Act, 2005 (Act 9 of 2005) (hereinafter referred liable to pay tax under the said Act. to as the "said Act"), so as to' substitute the words "Domestic Trade Area"with the words Section 44 of the said Act is .proposed to be "Domestic Tariff Area", to rectify the typographical amended, so as to re,frame it and make it more errOI. effective. Further sub-section (4) of section 5 of the said Section 64 of the said Act is proposed to be Act, provides that the Government may by. amend"c,i so ast,o onlit. the expression"Sales Tax notification inthe Official Gazette, reduce any rate Offic~r/Value Added Tax Officer" occurring therem of tax, enhance any rate of tax or amend any since upon introduction of the said Act, officers 'entry o{'the Schedule, and thereupon, the of . Commercial Tax' Department are· designated Schedule shall be deemed to have been amended as, Commercial Tax Officers. accordingly. In order to make this provision explicit, said sub-section (4) of section 5 is Sub-clause (iii) of clause (d) of sub·section(l) proposed, to be. suitably. The Bill also of section' 87 of the said Act, is proposed to be seeks to amendisection of the said Act so as to amended so as to insert the wor'd"eXport" m provide c~mpositionof to d.ealers:..vlio hav!" said sub-clause (iii), newly started bULsiJ~e,;s. on self declaration.. In Section 89 of the said Act contams reference to order to be eligible for of tax, the Bill provides Jor .the aggregate of the the Goa Sales Tax.'Deferment"cum-NeLPresent turnover of the as well as the transferee Value Compulsory Payment Scheme, 2001. This when the' during the year. Scheme was first introduced in the year 2001, The Bill also section 9(2) of the which Scheme was subsequently replaced by the di:sal.lQ1N mput tax credit when Scheme of 2003 and upon implementation of the by notification issued said Act, Sche:ne of 2003 is further. replaced by .fJ\.Clae,a Tax Act, 2005 or the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme, Clause (iv) of sub-,;e~'tic'n (2) of section 9 is 2005. Sinc", said sec:tiqIl89 s~ifl contaips pr,oP'DsEld Ito be . so as to insertthe words reference to the Scheme of 2001 instead of the Scheme of 2003, the Bill seeks to substitute the "Irldllstricll Inputs; anc,i material" after the .' :_ :', ,i words "Cj.piital Goods" A"'''''n amendment carried figure "2001" occumng irl ~aid secti~n 89, by the out to Scbledu~e 'B'. figure "2003". The arrL$nd section 9(6) so 'as to Schedule 'E' ~ppend.ed Act is respect of entry tax m proposed to be amended so as correct the excess .finished products are sarileartd:Schedule"F','appended tdlthe said Act than sales. is proposed to' be 8.niended sO as incorporate additional particulars therein. of!;sec~ion 10 of the said Act is " .:- .';: - ;,',-;.' ii,-;"", pn)p()se,dI1~0 be arfLenldec). so as to allow ihesef'o'ff This Bill seeks to achleve above 1<')bjects. 514 OFFICIAL GAZETTE - GOVT. OF GOA SERIES INo. 24 15TH SEPTEMBER, 2005 Financial Memorandum (e) In the case of any other goods, at the rate of 12% paise in a rupee. No financial implications are involved in this Bill . since no additional expenditure will (2) Zero Rate for Exports.- (a) When calculating the output tax in relation to any dealer, sale of goods in be incurred on' account of the proposed course of export outside the territory of India shall be amendment. deemed as taxalJle at the zero rate . .Memorandum Regarding Delegated Legislation (b) The Government may, by notification published in the Official Gazette and subject to such terms and No delegated legislation is involved in conditions as may be specified in this -behalf, extend thi~ Bill. zero rate, of tax for transactions effected from Domestic Trade Area to Special Econollic Zone or for 100% export oriented units or Software Technology Park units or Assembly Hall, PRATAPSINGH RANE Electronics Hardware Technology Park units or for any Porvorim Goa, Chief Minister such manufacturing or processing units as it may deem 24th AUgUst, 2005. fit. SUDHIR NARVEKAR Secretary (Legislature) (3) Rate of Tax on Packing Materials.- Where any goods are sold and such goods are packed in any materials, the tax shall be payalJle onthesales of such packing material,whether s~ch mat"rlals are separately Governor's Recommendation under charged for' or n~t, at 'the s~Ihe' rate of tax,' if any, 'at Article 207 of the Constitution which tax is payalJle on the sales ofg'oods so packed. (4) Amendment to the.Schedule.- (i) The Government . In pursuance of Article 207 of the Constitution may, by notification in the. Official Gazette,- of India, I, S. C. Jamir, the . Governor of Goa, hereby recommend' to the Legislative (a) reduce any rate of tax, Assembly of Goa, the introduction and consideration of the ~oa Value Added Tax (b) enhance any rate of tax, . (First Amendment) Bill, ~005. and may, by like notification, amend any; entry of the URE Schedule and thereupon the Schedule shall be deemed to have been amended accordingly...... -...... -... Extract of the Go:a.Vailj.e A.dded:.Tax Act, 2005 . . (ti) Any ~otificati~n issued under clause (i) shall . l(Goa. of 2005) t'ake effect pn!spectively,' e'fthei: from the date' of ..... - .... - ... ~ ... -.-..!.- ... phlllicatiotJ.thereofin the' OffiCial Gazette oritom such later date as may be me'ntioned therein. 5. Levy hI Value ACla.fa, :lrax on Goods specified in the I Schedule.~ (iii) The provisions contained in sub-section (4) of section 83 regarding rules made by the Government on Goods specified in the shall apply mutatis mutandis to any notification Schedule (Cil"'tPllt issued under clause (i), as they apply to rules made by the Government. Added Tax (output tax) on the turno'~er 7.: Composition of Thx.~ (1) Subjectto such conditions andtn such circumstaJJ.fes a;s may be pre,scribed, if any registered dealer, of the ciass specified'ln Schedule E, specified in Schedule:!\:, @ whose' total "turnover'; in the' preVious ,iyear :does not f • exceed the limit specified in the said iSchedule and who is liable to pay tax un~er section 3, sO,-elects, the (b) specified in Schedule 'B', Commissioner may accept towards composition of tax, @4 in lieu of the net amount of. tax payalJlej by him lInder this Act, during theyear, an:amount at the rate shown (cJ In !reSI)jOct specified in Schedule 'C'; at against respective class of d~alers in thJ said Sch~dule :ag:ain:s~ each of the entry. c'alculated L on totaf turn6ver; either! in full or in instalments, as' may be prescribed. , j (d) specified in Schedule'D', , (2) Any dealer eligible for €Ompositioh of tax under sub-section.(l) shall not:-, .. . I, 1 . . OFFICIAL GAZETTE - GOVT. OF GOA 515 SERIES I No. 24 15TH SEPTEMBER, 2005 (a) be permitted to claim any input tax credit on (e) capital goods used in generation of purchases and on stock held on the appointed day or energy/power including captive power; on the day from which he is held liable to pay tax under this Act or on the day on which his Registration (f) motor cars, its accessories and spare parts. Certificate is made valid, as the case may be; (3) If goods purchased are intended for use specified (b) charge any tax under this Act in his sales bill under sub-section (1) and are subsequently used fully or sales invoice in respect of sales made by him; or partly, for purposes other than those specified under the said sub-section, or loss of goods arising out of theft (c) issue tax invoice to any dealer who has or destruction for any reason or the stock of goods purchased the goods from him. remaining unsold at the time of closure of business, the input tax credit availed at the time of such purchase N.R:- Total turnover for the purposes of this section will shall be reduced from the tax credit lor the period during include aggregate sales of taxable and lion-taxable which the said utilization has taken place provided that goods. if part of the goods purchased are utilized otherwise, 9. Input Tax Gredit.- (1) Subject to such conditions the amount of reverse tax credit shall be proportionately and restrictions as may be prescribed Input Tax Credit calculated. either' partially or wholly shall be allowed 'for the tax paid during the tax period in respect of goods including (4) Input> taX credit sha!l be allowed to the registered capital goods purchased and/or taken on hire or leased dealer, subject to restrictions of sub-section (2), in respect to him within Goa, other than those specified in Schedule of tax charged to him by a registered seller on taxable 'G' and/or such oth!'r goods as may b!' notifi!'d from sales of goods made to him for the purpose of the tim!' to time by the Govemm!'nt, provid!'d, th!' goods business within three months prior to the date of his purchased are for resale in Goa or for sale in course ,of registration provided that no input tax credit shall be Inter State Trade or in course of export outside the allowed in respect of goods which have been sold or territory of India or used by him as raw materials/capital otherwise disposed of prior to the date of registration. goods in the manufacture or processing of taxable goods in Goa or for sale by transfer of right to use. . (5) (a) where a registered dealer has availed of the input credit on any goods and the same goods are not (2) No input tax credit under sub-section (1) shall be used in the course of his business, input tax credit so claimed'or be allowed tda registered dealer:- availed becomes repayable in the tax period following • ., .. ·.1 . the date on which these goods were put to such other (i) inresp!'ct ofgoq,ds. purchased on payment of use; tax if. such goods arel not sold because of, theft. or destruction for any reason; (b) where suc!) goods were wholly or mainly used or I are intended for use in sale of taxable goods prior to (ti) in respect of stdck of goods remaining unsold change of use, tax shall be calculated on the prevailing at the time of closure lo(business; market value of such goods at the time of change of use. (iii) in respect of an~ taxable goods under the Act (6) The registered dealer shall be liable for input tax purchased, by, him from, I another registered dealer for resale' but given away loy way of free samples or gifts; credit in respect of Entry Tax paid by him under the Goa I Tax on Entry of Goods Act, 2000 (Act 14 of 2000) on (iv) in respect of 9apital goods, covered under goods brought by him for use or consumption except Schedule 'B' ,of the Ad;, if said goods are utilized for those covered under Schedule 'G' of the Act. the Iiurposes other than those covered in the presc~bed declaratio (7) Balance unclaimed input tax credit of capital goods shall not be alloweci in case of closure of business. (v) in respect of g ods purchased from a dealer who has opted for compo"sition of tax under (8) The registered dealer shall be liable for input tax sub-s ction (1) of se ion 7; credit on stock held on the al'Pointed day, towards the tax paid under the 'larlier law. subject tp such conditions (vi in respe:ct of c pital gobds; , as may be prescribed> The period al),d the date from a) purchased 0 paid prior to appointed day; which such input tax credit is to be ~pportioned shall be as notified. b). capital . I expen iture incurred prior to the date of egistratibn )lnd r this Act; . j "j, . i (9) The deductioJ:lof input tax credii on capital goods c) capi~algoo s not connected with the under this section shall b~ allowed i~ 'two equal annual bu ines's of!the de er; instrumehts after the cldse of the r~spective 'year as under: ! d) caPitk gooJs used in the manufact1.1re of c, '. \ . ,! go ds 'or pr~viding !seIVices which are not liable to (i) in case ,of. existihg units, upbn installation of t under this Act! such capital goods, arid i i 516 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 (ii) in case of new units, upon commencement of (4) Certificate of registration and its renewal shall CIOmmercial production. not be granted to a dealer unless he has deposited in Government treasury prescribed fee in the prescribed 10. Input Tax Credit Exceeding Tax Liability.- (1) manner and within the prescribed time. Subject to the provisions of sub-section (2), if the input tax credit of a registered dealer, determined under (5) The Commissioner may conduct such inquiry as section 9 of this Act for a period exceeds the tax liability he deems fit. and may call for such evidence and for that period, the excess credit shali be set off against informa~ion as he may deem necessary and after the any outstanding tax, penalty or interest under this Act inquiry, if any, and after considering the evidence and or earlier law. information, if any, he is satisfied that the application for registration made under this section is in order, he (2) After adjustment under sub-section (1), the excess shali register the applicant and issue to him a certificate input tax credit of a registered dealer other than those of registration in the prescribed form: covered under sub-section (3) shall be carried over as an input tax credit to the subsequent period upto the Provided that if the Commissioner is satisfied that end of next financial year and if there is any unadjusted the particulars contained in the application are not input tax credit at the end of the second year, the same correct or complete or that any evidence or information shall be refunded in the prescribed manner within three prescribed for registering the applicant is not furnished, months from the date of filing of application claiming the Commissioner may, after giving the applicant a the refund. reasonable opportunity of being heard, reject the application for reasons to be recorded in writing. (3) In case of exporter selling goods outside the territory of India, the excess input tax credit, if any. (6) The Commissioner may, after considering any admissible as per provision of this Act, proportionate to information furnished under any provisions of this Act the goods exported and carried over at the end of any or otherwise received, amend from time to time, any quarter shali be refunded in the prescribed manner certificate of registration. within 3 months from the date of filing of application claiming the refund. (7) If a person or a dealer upon an application made by him has been registered under this section and (4) Notwithstanding anything contained in thereafter it is found that he ought not to have been sub-section (2), the Government may aliow, carry forward registered under the provisions of this section, he shall of excess inpuftax if any, to such shorter period be liable to pay tax during the period from the date on and grant refund of . portion thereof in which his registration certificate took effect until it is respect of such:goods to I registered dealer on such cancelled, notwithstanding that he may not be liable to conditions and: at such ; as may be specified pay tax under this Act. by the Notification in i Official Gazette. (8) Where,- 18. Registration.- : No dealer shall, while being liable to pay tax under i 3 or under sub-section (a) any business, in respect of which a certificate (6) of se.ction 19, be eng~ge,d in business as a dealer, of registration ,has been issued under this section, unless lie possesses a certificate of registration as has been discontinued, or has been transferred or provided by this Act: otherwise disposed of; or n"Vl.aeatha,t, the of this sub-section shall (b) the turnover of sales of registered dealer has not be contravened, if the dealer during any year not exceeded the relevant limit having as in this section specified in sub-section (4) of section 3,- pr'Dv:id"c!l, within the specified in sub-section (6) of 19, while he engaged in such business. then, in the case covered by clause (a), the dealer shall apply in the prescribed manner and within the req[u.il¥dby sub-section (1) to possess prescribed time for cancellation of his registration to a cert:ifi~:ate registl:aljion, shall apply in prescribed the Commissioner; and ill the case covered by clause (b), the dealer may apply in the presdribed manner for cancellation of his registration to the, Commissioner; who intends to be· engaged and thereupon the Commissioner, may after such inquiry liable to pay tax under the as he deems fit andsubj,!,ct to rules tramed; cancel the if he so desires, apply in the registration with effect from such -d.~te inCluding any date earlier to the date ,If the order cancellation as this sub-section for the grant .6£ he considers fit having r~gard to th~ ICircmristances of of ceItif/c:ate r~!Jistrclt)c)D to the Commissioner and if the case, j the celrljifiica1te IgI:an.te(~, then so long as it is not duly carLCell+d, the p!>r.son dealer shali remain liable to 44. Offences Relating t6RegistratioJ.-, Aperson who pay fails,- \ OFFICIAL GAZETTE - GOVT. OF GOA 517 SERIES I No. 24 15TH SEPTEMBER, 2005 (a) to apply for registration as required under certificate is duly cancelled, be deemed to be a dealer section 18; or liable to pay tax under this Act and to be a registered dealer under this Act and all the provisions of this (b) to notify the Registering Authority of a change Act will apply to him as they apply to a dealer liable in circumstances as required by section 22, is guilty to pay tax under this Act. of an offence and liable on conviction to,- (ii) any certificate of registration issued to any (i) Where such failure is deliberate or repeated, dealer and valId on the day immediately preceding the person shall, on conviction, be liable for a the appointed day, issued under the Goa Sales Thx fine not exceeding twenty five thousand Act, 1964 (Act 4 of 1964), shall notwithstanding that rupees or to imprisonment for a tenn not exceeding the dealer is not liable to pay tax under section 3 of six months, or both; or this Act be deemed 'to be the certificate of registration issued under this Act until it is duly cancelled in (ii) in any other case, the person shall, or accordance with the provisions of this Act and such conviction, be liable for a fine not exceeding dealer shall continue to be liable to pay tax under twenty five thousand rupees or to imprisonment this Act arid be deemed to be a registered dealer till for a terrn not exceeding three months or both. such cancellation and all the provisions of this Act will apply to him as they apply to a dealer liable to 64. Special Powers for Recovery of Tax as Arrears of pay tax under this Act; Land Revenue.- The Government may, by general or special order, published in the Official Gazette, authorize (c) Any person appointed as the Commissioner, any officer, not below the rank of Commercial TaX Additional Commissioner or Assistant Commissioner, Officer/Sales Thx OfficerNalue Added Thx Officer, to or any person appointed to assist the Commissioner, exercise, Ior' the purpose of effecting recovery of the under the repealed Act and continuing in the office amount of tax or penalty due from any dealer or person immediately before the appointed day, shall, on and under this Act, the powers of a Collector under the Goa from the appointed day, be deemed to have been Land Revenue Code, 1968 (Act No.9 of 1969), to recover the dues as arrears of land revenue appointed under this Act and shall continue in office as such till such person ceases to be the Cornmiss~oner, 87. Savings.- (1) Notv,hthstanding the repeal by Additional Commissioner or Assistant Commissioner section 86 of the law referred to therein,- or ceases to be the person appointed to assist the Commissioner; (a) that law (including earlier law continued in force under any provisiqns thereof), and all rules, regulations, orders, noti!jcations, forms, certificates (d) Nothing in this Act or the Rules made and notices issued under that law and in force thereunder shall be deemed to impose, or authorize immediately before the cippointed day shall subject the imposition of a tax on any sale or on any goods to the other proVisions of hils, Act, in so much as they when such sale or purchase take place- apply, continue 'to have erfect for the purposes of the levy, assessme!lt, reassessment, appeal, revision, (i) in the course of inter-state trade or rectification, ~eferencell payment and recovery, commerce; collection, refund or s~t. off of any tax, exemption from payment of tax, the 1mposition of any penalty, or (ii) outside Goa; or of inter"st of any sum, which levy, appeal, revision, (iii) in the course of import of the goods into, or payment and recovery, of goods out of, the territory of India: ~xenlpl;ioltl" penalty, interest or forJfeit!ure r~latE's to any period ending Explanation.- Sections 3, 4 and 5 of the Central Sales before aplPointE,d or fori any ,other purpose Thx Act, 1956 (Central Act 74 of 1956), shall apply for or Jt!cidentalto any of determining whether or not a particular sate or purchase the PUl:~o"es wllej;h,,, or not the tax, penalty, Int,ore"t *:fe:ited, ,if any, in relation to take place in the manner indicated in clause (i), clause such pro'j:e"dlrlgs before or after the appointed (ii) or clause (iii). ' day. 89. The Goa Sales Tax Deferment-cuin-Net Present Icertific1ate issued under the Value Compulsory Payment Scheme; 2001.- (1) Goa (Act 4 of 1964), in so far as Notwithstanding anything contained in Act, Rules the llaJoll"CY uncte:qs1ub··secti,on (1) of section 3 deEjnled to be the certificate of or Notifications, but subject'to such co~diti(ms as the this Act, and accordingly Government may by general or special in Official registration certificate Gazette, specify, where the • the benefit appoint"d day, shall until the under the Goa SalesThx Present ... 518 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 Value Compulsory Payment Scheme, 2001 has been (f) the quantity or volume and the unit price of the goods supplied; and granted and when respective Net Present Value as provided in the said Scheme has been deposited in (g) the rate and total amount of the tax charged, accordance with the provision of this Act or earlier law the consideration for the supply exclusive of tax and or rules made thereunder, the balance amount of net tax the consideration inclusive of tax. payable/output tax payable, shall be deemed to have (2) A credit note as required under this Act shall, been paid. unless the Commissioner provides otherwise, contain the following particulars: (2) The Government may modify the Goa Sales Thx (a) the words" credit note" in a prominent place; Deferment-cum-Net Present Value Compulsory Payment Scheme, 2001 or replace it by a new scheme as the (b) the commercial name, address, place of circumstances may require and in that eventuality of business, and the taxpayer identification number of the registered dealer making the supply; modifying or replacing the said scheme, the benefit conferred on the eligible unit shall continue unless such (c) the commercial name, address, place of eligible unit opts to be out of the Scheme. business, and the taxpayer identification number of the recipient of the taxable supply; SCHEDULE 'E' (d) the date on which the credit note was issued; [See sub-section (1) of section 7J (e) the taxable value of the supply shown on the tax invoice, the correct amount of the taxable value Sr. Name of the Commodity Limit of Rate ~'f of the supply, the difference between those two turnover composition No. amounts, and the tax charged that relates to that 1 2 3 4 difference; (f) a brief explanation of the circumstances giving 1. Reseller other than Importer and rise to the issuing of the credit note; and dealer effecting sale by transfer of right to use any goods. 40lakhs ~% (g) information sufficient to identify the taxable supply to which the credit note relates. 2. Hotel induding Bar and restau rant other than Starred cate (3) A debit note as required under this Act shall, gory of hotel and importer. 401akhs 3% unless the Commissioner provides otherwise, contain the following particulars: 3. Works Contractor than importer 40 lakhs 1% (a) the words "debit note" in a prominent place; (b) the commercial name, address,place of 'F' business, and the·-~axp,ayer identification number of the registered dealer making the supply; [See sub-secti,On (1) of ~e,01>i'Dn 11 and section 12J (c) the commercial name, address, place of TAX INVOICES" CREDl'.\' !lreITE:!': AND DEBIT NOTES business, and the taxpayer identification number of the recipient of the taxable supply; (1) A tax invoice as nfq[uil:ed under this Act shall, unless the otherwise. contain (d) the date on which the debit note was issued; the follm.,(ing ne'rti''''ien'' (e) the taxable value of the supply shown on the in1c'oi"e" written in a prominent tax invoice, the correct amount of the taxable value of the supply, the difference between those two amounts, and the tax charged that'relates to that comrnerciial name, address, place of difference; ide~tification number of the re,r,s,.ere,a dealer ntaking the supply; (f) a brief explanation of the circumstances giving rise to the issuing of the debit note; and address, place of busi ta: 'ab:[~ supply; supply to which the debit note relate,s. i~;;i~~'~~!~~~reSerialnUmber and the date on t] is issued;. Assembly Hall, goods of service supplied Porvorim, Goa. SUI:IHIIl NARVEKAR. the supply is made; 24th August, 2005. SecrE'talrY (Legislature) • OFFlCIAL GAZETTE '.,- GOVT. OF GOA. 519 SERIES I No .. 24 . 15TH SEPTEMBER;.. 2005· LA/A/BILLS/143l:j/2005 (d) Light Commercial ,>.Rs. 500/" per annum ,Vehicle (goods and The folloWing Bill which was introduced in the ,.passenger) . Legislative Assembly of .the State of Goa on 29-8-20'05 is herebypubJished for the general (e) Ml9dium, Commerc:ial .1~.s .. 600/" per anllum " information in purS1.lance oithe provisiolls of Vehicle (goods and Rule-138 'of theRUies af Procedure and Conduct passenger) of Business' of the .. Go~ .Legislative Assembly. (f) Heavy M()torVehicles. Rs. 1000/- per ann1.lffi:' (goods and passenger) The G.oa Motor Vehicles Tax . (Amendment) Bill, 2005 .' 3 .. Amendment.of section 9'-:7 Insl9ction 9 oUhe princ:iple Ac:t, in sub-section (1), the following , (Bill No. 21 of 2005) provisoshal1 be inserted, namely:- . -, , . " '; " A "Provided that such a refund shall be made only after adjusting the amountaf refund to BILL wards the tax payable in the succeeding year." further to amend the Goa, Daman and Diu 4. Substitution of section 12.- For section 12 of Motor Vehicles Tax Adt, 1974. - the principle Act, the follo1i\Tingsectioll shall be substituted,. naIIle1y :- Be it enacted by the Legislative Assembly of Goa in the Fifty-sixth Year of the Republic of India asfollows:- ". . '.'12. Pe:naltyfor/ailure to paytax.~ lithe tax due in respect. of any mot()r vehicle has not peen paid,as specified in-section 4 ()r section 7, the 1. Short title and conuneilCement.- (1) This Act . . I . . registered oWlleT or the,person having. thepos may be called the Go Further, the Bill seeks to amend sub-section (1) the introduction arid consideration·of the Goa • of section 9 of the said Act so as to provide that Motor Vehicles Tax (Amendment) Bill, 2005. refund of amount as specified in said sub-section (1) shall be made only after adjusting that amount ANNEXURE towards the tax payable in the succeeding year...... ,...... , The Goa Motor Vehicles TaX (Amendment) BiiJ.,2005 . Also, the Bill seeks to substitute section 12 of The Goa, Daman andDiuM'otorVehicleS ThxACt,1974' the said Act by new section so as to provide that when the tax due in respect of any moior vehicle has not been paid as specified in section 4 or "3-A Levy of Green Tax.- There shall belevied and section 7, a penalty which shall not be less than collected a cess called "green tax" ,in addition to the 25 percent of the tax for the defaulting quarters tax levied under this Act, on the motor vehicles suit shall be paid, provided that, the said penalty able for use. on road as' specified in ,column (2) of the leviable on tax shall not be charged for the first Table below, at the rates specified in column (3) thereof, two months from the start of the financial year. for the purpose of implementation of various measures The Bill seeks to achieve the above objects. to control air pollution. Financial Memorandum TABLE (1) The Bill seeks to amend the rates of cess called Sr. No. Class and age 'of the Rate of 'c~ss "Green Tax" levied on transport· vehicles' at vehicle in rupees the time of renewal of fitness certificate. The (1) (2) . (3) rates for vehicles other than heavy transport vehicles is proposed to be reduced and fixed (1) Non-transport vehicle which has as per the categories of vehicles instead of completed 15 years from the date uniforInslab for all types of vehicles. This will of. its initial .registration, at the result in revenue collection approximately of time of renewal of certificate of Rupees TWenty 'Lakhs per annum. registration as per sub-section (10) of section 41 of the Motor (2) The Bill further sel~ks to levy penalties to the Vehicles Act, 1988 (Act 59 of tune' of not less 25%'ofthetaxforthe 1988). defaulting Ion the defaultrng payees. ·250;00 This amount I be'quaritified atthis per. five years stage. (b) Other than two wheelers 500.00 .:Memo(andum I=!An"r'rli~,n Delegated Legislation " per five years '. No delegated le'gl~na'qon is' involved in this BilL (2) Transport vehicle which has completed 15 years froIjl·.the date of its initial registration, at the '·J:1ll~~L'U".t (2) Where a motor vehicle in respect of which presidiog authority shall adjourn the meeting that tax has been paid is altered in such a by half an hour and the business which would manner as to cause it to become a vehicle in have been brought before .the original meeting respect pf which a tax leviable at a lower rate; had there been a quorum thereat, shall be the person who has paid such tax shall be brought before the adjourned meeting; and entitled on the production of a certificate signed may be disposed off at such meeting ·or any by a Registering Authority stating that the subsequent adjournment thereof, whether vehicle has been so altered to a refund of sum there be a quorum present or not". equal to the difference between the amount which would be refundable to him in ·accor 3. Amendment of section 10.- In section 10 dance' with the prbvisions of sub-section (i), of the principal Act,- on the surrender of the tax token and the (i) the existing clause (e) shall be amount of tax liable on such vehicle at the re-numbered as clause G) thereof; and lower rate. (ii) after clause (d) and before clause (j) as so re-nunlbered, the following clauses shall be LA/A/BILLS/1440/2005 inserted, namely:~ The following Bill which was introduced in the "(e) to constitute Ethics-cum-Disciplinary Legislative Assembly of the State of Goa .on. Committee and such other Committees 29-'8-2005 is hereby published for the general concerned with the functioning of information in'pursuance of the provisions of medical profession as may be necessary Rule-138 of the Rules of Procedure and Conduct from time to ·time; of Business of tlie Goa Legislative Assembly. (f) to recognize, approve and certify courses/seminars organized by the The Goa Medical Council (Amendment) Institutions/Organizations. for continuing Bill, 2005 · medical education. Furthermore, to · organize continuing medical education programme by the Council; (Bill No.. 20 pf 2005) (g). to act as screening body for assessiog Ai. the input in ~ou.rses or' seminars with respect to continuing medical education; (h) to suggest changes and amendments to to amend the Goa Council Act, 1991 this Act and the rules from time to time; (Goa Act No. 6 of i (i) to act suo motu based oIl! complete Be it emll'ted L~gis:lative Assembly of · satisfaction of the CC]uncil, to bring to the Goa in the Fifty··sunh of the Republic of notice of' the appropriate . authority' for India as strict implementation. "and eruowement of t):J.epresent I.!.."';" .aIld breach of' ethics cOl2lIj'l.enc:el1llenl;.-· (1) This or laW relating to practice of medidne". Act may Medical Council .' ,'-. '. ' - . . . . ," ~. Jns~ion of new secti0{l 12A.-.~ter section (2) It come into at once., 12 ofthe principal Act, the following new section sh.!..ll .be riamely:- " ; . --, - 'iIis~rted, . -'.' . 2. of sec;tiop 8.- In section 8 of the Goa 1991 (Goa Act 6 "12A Honorarium/Remuneration .to . the of 1991) to as the "prindpal President and office be'arers.~The· Council Act"), for following .shalr' be may prescribe suitable' honorarium/ substituted, /remuneration to the President to such office bearers as it may deem ne\ce.ss;arj'" "(5) the PreSident and 'the \fic:ec:Pre,s1,iellt form the quorUm.' 5. Amendment of section·16.~ln lsection 16 When TA;rrniTAH Y.UU"."-'H is not present,the of the ptinclpalAct,..c.:. 522 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 (i) in sub-section (3), for the words "a fee (Goa Act 6 of 1991) (hereinafter referred to as of rupees five hundred" the words "the the "said Act"), so as to provide that when a prescribed fee" shall be substituted; quorum is required but not present at a meeting of the Goa Medical Council (hereinafter referred (ii) in sub-section (4), in clause (b), for the to as "said Council") the presiding authority words "a fee of rupees two hundred" the shall adjourn the meeting by half an hour and words "the prescribed fee" shall be the business which would have been brought substituted. before the original meeting had there been a quorum thereat, shall be brought before the 6. Amendment of section 17.- In section 17 adjourned meeting and may be disposed off at of the principal Act, in sub-section (2), for the such meeting or any subsequent adjournment words "a fee of five hundred rupees", the words thereof, whether there be a quorum present or "the prescribed fee" shall be substituted. not. 7. Amendment of section 19.- In section 19 The Bill further seeks to amend section 10 of of the principal Act, in sUb-section (1), for the the said Act so as to empower said Council with additional powers and to specify its other words "a fee of two hundred rupees" 'i the words "prescribed fee" shall be substituted. functions for the smooth and proper functioning of the said CounciL 8. Amendment of section 23.- In section 23 The Bill also seeks to insert new section 12A of the principal Act,- so as to empower said Council to specify suitable honorarium/remuneration to the (i) in clause (b), for the words "a fee of President and to'such office bearers as it may rupees fifty", the words "the prescribed fee" deem necessary. shall be substituted; The Bill also seeks to amend sections 16, 17, (ii) in clause (c); in the proviso, for the 19 and 23 of the said Act so as to empower the words "a fee of rupees two hundred", the Government to prescribe fees for matters stated words "the pre'icribed fee" shall be in those sections. substituted. . The Bill also seeks to amend section 27 of the said Act so as to punish person falsely 9. AInel~dlnelat of "d"tic'n 27.- For section 27 representing as Medical. Practitioner or uses in of the the following shall be combination with his name any title, degree, with imprisonment or fine or with both. falsely claiming to be The Bill seeks to achieve above objects. degrees, etc. without erson who (i) falsely Financial Memorandum name is entered in the in combination with his No financial implications are involved in name I letters or words this Bill. to suggest that his Memorandum Regarding Delegated Legislation name is so el~tE'red or that he possesses any degre'13 or diploma any niedical qualification Proposed amendment to sections 16, 17, 19 wiithout being to do so or actually not and 23 of the Goa Medical Council Act, 1991 such , such act shall be empowers the Government to prescribe fees a co'gPiiza:ble bffim()e and shall be punishable, under these sections. on a fine which may' extend upto fifty thousand only) or may extend ,to two Porvorim-Goa, DAYANAND, NARVEKAR 25th August, 2005. Minister for Health. i Obiects and Reasons Assembly Hall, SUDl-m~INARVEKAR, The sub-section (5) of Porvorim-Goa, i Secretary tq the l,egislative section ME.di()alCouncil Act, 1991 25th August, 2005. Assem'!:>ly, of. Goa.. . i I OFFICIAL GAZETTE - GOVT. OF GOA 523 SERIES I No. 24 15TH SEPTEMBER, 2005 ANNEXURE Provided that, the name of an applicant who is unable to present his degree or diploma may be entered in the register, if he satisfies the President that he holds such degree or diploma but cannot for sufficient cause Extract \'If the Goa Medical Council Act, 1991 (Goa Act No.6 of 1991) present the same with his application; SUB-SECTION (4): SECTION 8: Clause (b) Sub-Section (5) "Notwithstanding anything contained in clause (a), "Six members including the President and the within a period of three months from the appointed Vice-President shall form a quorum. When a quorum is date or such further period as the Government may required but not present, the presiding authority shall allow, the Registrar shall publish a general notice in the adjourn the meeting to such hour on some future day Official Gazette and in such newspapers as the Council as it may notify on the notice board at the office of the may select, in such form as may be prescribed and send Council; and the business which would have been individual n0tice by registered post to every such brought before the original meeting had there been a person at his last known address in such form as may quorum thereat, shall be brought before the adjourned be prescribed, calling upon every such person to pay meeting, and may be disposed of at such meeting or to the Registrar in the prescrilied' manner a fee of any subsequent adjournment thereof, whether there ~e rupees two hundred if he desires to continue his name a quorum present, or not; on the register under this Act. The name of every such person who pays such fee before the expiry of the SECTION 10: period of two months from the date of publication of Clause (d) the general hotice in the Official Gazette shall be continued ~n the register, without such person being "to reprimand a practitioner, or to suspend or remove required to make an application or to pay any other fee him from the register, or to take such disciplinary action for this purpose. If such fee is not paid within time, the against him as may. in the -opinion of the Council, be Registrar shall remove the name of the defaulter from necess!iry or expedient; the register: Clause (e) Provided that, if any application for continuance of "to exercise such other Jowers, perfonn such other the name so removed is made to the Registrar within duties and discharge such; other functions, as are laid a period of six months from the last date on which fee down in this Act, or as ml>Y be prescribed; should have been paid, the name so removed may be re-entered in the register on payment of a fee of two SECTION 12: hundred rupees; "Fees and allowances members of Council and SECTION 17: Executive shall be paid to the President, . Vi.ce-P;lre,:ident other members of the Sub-Section (2) Council, and to m"mbe:,~ of its Executive Committee, "Any person, who holds any such Medical such fees and attendance at meet.ings, Qualification may apply to the Council for registration rr>as()n"pl.e tlravenlng allowance, as shall from by giving a correct description of his qualification, with the dates on which they were granted and by presentation of his degree or diploma. If the Council is satisfied that the degree or diploma, held by the applicant is such as, to se SECTION 19: LAjAjBILLS/1441j2005 Sub-Section (1) The following Bill which was introduced in the "Any person who desires to be registered Legislative Assembly of the State of Goa on provisionally under Section 25 of the Indian Medical 30-8-2005 is hereby published for the general Council Act, 1956 (Central Act 102 of 1956), shall make information in pursuance of the provisions of an application in the prescribed form to 'the Registrar Rule-138 of the Rules of. Procedure and ConduCt and shall pay a fee of two hundred rupees; of Business of the Goa Legislative Assembly. SECTION 23: Clause (b) , The Goa Civil Courts (Amendment) "The Registrar shall, after the publication'of the first Bill, 2005 notice under clause (a), send a notice by registered post enclosing therewith the prescribed form of application (Bill No. 24 of 2005) to the registered practitioners at their address as entered in the register, calling upon them to ~eturn the A application to the Registrar for the continuance of their names on the register within forty-five days of the date BILL of the notice, together with a fee of rupees fifty. If any of the registered practitioners fail to return s,:!ch further to amend the Goa, Daman and Diu Civil application within the time specified, the Registrar Courts Act, 1965 (Act 16 of 1965). shall issue a further notice to such registered practitioner byregistered post after the publication of the second notice under clause (a) enclosing therewith BE it enacted by the Legislative Assembly of the prescribed form of application calling upon him to Goa in the Fifty-sixth Year of the Republic of return the application to the registrar for, the India as follows:- continuance of his name on the register within thirty days of the date of the further notice, together with a 1. Short title and commencement.- (1) This fee of rupees orie hundred; Act may be called the Goa Civil Courts (Amendment) Act, 2005. Clause (c) "If the application is made on or before the date (2) It shall come into force at once. fixed by :the further ll()tic:e sent by registered post under clause (b), the Reg,"tn,r shall remove the name 2. Insertion of new section 26B.- After section of the defaulter from the and shall inform him 26A of the Goa, Daman and Diu Civil Courts Act, of such removal by the post: 1965 (Act 16 of 1965), the following section shall Provided that, if any appli.cation for continuance of be inserted, namely:- the name so removed within a period of six months from the date by the said notice sent by "26B. Appeals.- Notwithstanding anything registered post under (b), the name so removed contained in section 6,- may be In the on payment of a fee of two hundred; (a) an appeal shall lie to the High Court having jurisdiction over the State of Goa, ~"'("l'Tr."T 27: from all decrees made by any Court of a r~.m'.,"V for falsely cJ"ij>:tin!g to be registered.- If any Senior Civil Judge before the commencement person name is for thk time being entered. of the Goa Civil Courts (Amendment) Act, in the falsely ,that it is so entered, 2004 (Act 5 of 2004), in any suit where connec~ion his n~e or title any words the Central Government or the Government or reason,!bly to suggest that his of Goa or any officer of the Government in entereq., he on c.onviction, be punished his official capacity, is a 'party to the which may to five thousand rupees. , proceedings; (b) all appeals from any Ut;"CL"" made by any Court of a Sen,ior Civil in any suit Hall,! S. A. NA.'i.VEKAR where the Central or the Secretary to the Legislative Government of Goa or . any officer of the 25th ~005 Assembly of Goa. Government in his official is a OFFICIAL GAZETTE - GOVT. OF GOA 525 SERIES I No. 24 15TH SEPTEMBER, 2005 party to the proceedings, pending before Memorandum Regarding Delegated Legislation any District Court as on the date of commencement of the Goa Civil Courts No delegated Legislation is involved in (Amendment) Act, 2004 (Act 5. of 2004), this Bill. shall stand transferred to the High Court having jurisdiction over the State of Goa,". Assembly Hall; DAYANAND NARVEKAR Porvorim-Goa. Minister for Law Statement of Objections and Reasons 26th August, 2005. In terms of sub-section (1) of section 26 of the Assembly Hall, SUDHIR A. NARVEKAR Goa, Daman and Diu Civil Courts Act, 1965 (Act Porvorim-Goa. Secretary to the Legislative 16 of 1965), as amended vide the Goa Civil 26th August, 2005. Assembly of Goa. Courts (Amendment) Act, 2004 (Act 5 of 2004), no Court other than the District Court shall ANNEXURE receive or register any suit in which the Central Government or the Government of Goa or any An extract of Section 26 of the Goa, Daman and Diu Civil officer of the Government in his official capacity, Courts Act, 1965 is a party. Further, in terms of section 26A of the said (Act No. 16 of 1965) Act, 1965, inserted vide said Amendment Act 5 of 2004, all suits received or registered under 26. Suits in which the Government is a party. section 26 of the said Act, 1965, and pending (1) No Court other than the District Court shall receive before any Court of a Senior Civil Judge or register any suit in which the Central Government immediately before the commencement of the or the Administrator of the Government of Goa, Daman said Goa Civil Courts (Amendment) Act, 2004 and Diu or any officer of Government in his official (Act 5 of 2004), shall, on such commencement, capacity, is a party: stand transferred to the District Court of the Provided that the Administrator may by general or concerned District and s;uch District Court may special order notified in the Official Gazette, direct that proceed to deal with suit from the stage the provisions of this section shall not apply to any suit which was reached befo!:e such transfer or from or class or category of suits of the nature referred to any earlier stage or de i novo, as such District therein. Court may deem fit and I no Court of any Senior Civil Judge shall try, dispose off or (2) Nothing in this section shall be deemed to apply proceed to hear any where the Central to a suit against the administration of a Government Government or the of Goa or any Railway officer of the Gc)Ve,rnmEmt in his official capacity, is a party to the 26A. Transfer of pending suits and bar on jurisdiction.- All suits received or registered under However, in order to 1'''' u,'" 1.IIlcertainty, it is section 26 and pending before any Court of a Senior found to amend the said Act, Civil Judge immediately before· the commencement of 1965, by section 26B therein so the Goa Civil Courts (Amendment) Act, 2004, shall, on such' commencement, stand transferred to the District which an appeal shall Court of the concerned district and such District Court by 'any Court of a may proceed to deal with such suit from the stage befor:Ejo the c9mmencement of which was reached before such transfer or from any of 2004, so also as earlier stage, or de novo, as such District Court may before any District deem fit and no Court of any Senior Civil Judge shall of said entertain, try, dispose off or proc~ed to hear any matter , under said section where the Central Government or the Government of Goa or any 'officer of the Government. in his official capacity, is a party to the proceedings. i, acJnj.e,ve the above objects. FinAntiAI MfilmclrAr1rlum Assembly Hall, SUDHIR NP,Rv'RKAR No are involved in Porvorim-Goa. SecrE?tary to Legislative this Bill. 26th August, 2005. Asselnhl~ of Goa. 526 OFFICIAL GAZETTE - GOVT. OF GOA SERIES I No. 24 15TH SEPTEMBER, 2005 LA/A/BILLS/ /2005 Memorandum Regarding Delegated Legislation The following Bill which was introduced in the No delegated legislation is involved in this Bill. Legislative Assembly of the State of Goa on 29-8-2005 is hereby published for the general information in pursuance of the provisions of Porvorim-Goa. PRATAPSINGH R. RANE . Rule-138 of the Rules of Procedure and Conduct 25th August, 2005. Chief Minister of Business of the Goa Legislative Assembly. Porvorim-Goa. The Goa Salaries and Allowances of Ministers Assembly Hall, SUDHIR NARVEKAR (Amendment) Bill, 2005 Porvorim-Goa. Secretary. Uegislature 25th August, 2005. (Bill No. 23 of 2005) A Governor's Recommendation under Article BILL 207 of the Constitution further to amend the Goa Salaries and In pursuance of article 207 of the Constitution Allowances of Ministers Act, 1964 (Act 3 of of India, I, Shri S. C. Jamir, Governor of Goa, 1965). hereby recommends the introduction of the Be it enacted by the Legislative Assembly of Goa Salaries and Allowances of Ministers Goa in the Fifty-sixth Year of the Republic of (Amendment) Bill, 2005, by the Legislative India as follows:- Assembly of Goa. 1. Short title and commencement.- (1) This ANNEXURE Act may be called the Goa Salaries· and Allowances of Ministers (Amendment) Act, 2005. Extract of the Goa Salaries and Allowances of Ministers Act, 1964 (Act No.3 of 1965) (2) 'It shall come into force at once. SECTION 4: 2. Amendment of section 4.- In section 4 of the Goa. Salaries and i Allowances of Ministers 4. Residence of Minister:-Each Minister shall be Act, 1964 (Act 3 of 19p5), after the words "ten entitled, without any payment, to the use and thousand rupees per month" , the expression maintenance of furmshed residence :throughout his "and in,additi;:>n, also be entitled, for the term of office and for.a period of 15 days immediately purpose .of payment to i sum equal to the actual thereafter, and so jong' as, 'such residence is not charges ,of ' water in respect of his provided, to: a compensatory allowance of ten private be inserted. thousand rupees per month: of and Reasons Provided that the Chief' Minister shall not be entitled to the compensatory -allowance as aforesaid. arrjLend se.ction 4 of the Goa A~lov~arlCE's of Mirusters Act, 1964 Explanation.- For the purpose of this Section.-- provide for payment of charc1e!l", limited to actuals, (i) 'residence' includes the staff q",arters and other to stay in their private buildings appurtenant thereto and the garden thereof but does not include such portion "of the residence the above object. or buildings appurtenant thereto as ~s exclusively set apart of use as office at the reside*ce and is used as such; financial liability However, the same (ii) 'maintenance' in relation to a residence this stage as the water includes as payment of iocal and taxes and will depend upon actual provision of electricity. and water, which shall be paid by the Government. GOVERNMENT PRINTING PRESS, 'PANAJI· GOA. Price: Rs. 50.00