Reg. No. G-2/RNP//32/2018-20 RNI No. GOAENG/2002/6410

Panaji, 2nd August, 2018 (Sravana 11, 1940) SERIES I No. 18

PUBLISHED BY AUTHORITY

NOTE There are two Extraordinary issues to the Official Gazette, Series I No. 17 dated 26-7-2018 as namely:– (1) Extraordinary dated 26-7-2018 from pages 983 to 998 from Department of Finance (Revenue & Control Division), Notifications regarding amendment of GST Act, 2017. (2) Extraordinary (No. 2) dated 31-7-2018 from pages 999 to 1000 from Department of Power, Office of the Chief Electrical Engineer Not. No. 120/03/JERC-FPPCA/CEE/Tech regarding FPPCA for 1st Quarters of FY 2018-19.

INDEX Department Notification/Bill Subject Pages 1. Animal Husbandry and Not.- 13-91/Kamd/(S)/ Amendment of Kamdhenu Scheme (Sudharit). 1001 Veterinary Services /2018-19/2782 Dir. & ex officio Jt. Secy. 2.a. Goa Legislature Secretariat Bill.- LA/LEGN/2018/1020 The Goa Town and Country Planning (Amendment) 1002 Bill, 2018. b. —do— LA/LEGN/2018/1024 The Goa State Higher Education Council Bill, 2018. 1011 c. —do— LA/LEGN/2018/1025 The Goa (Amendment) Bill, 2018. 1018 d. —do— LA/Legn/2018/1063 The Goa State Commission for Backward Classes 1019 (Amendment) Bill, 2018. e. —do— LA/LEGN/2018/1080 The Goa Land Revenue Code (Amendment) 1020 Bill, 2018. f. —do— LA/LEGN/2018/1081 The Goa Regularisation of Unauthorized Constuc- 1022 tion (Amendment) Bill, 2018. g. —do— LA/LEGN/2018/1082 The Goa (Mopa Airport Development Authority) 1024 Bill, 2018. 3. Industries Not.- 1/18/2017-IND/268 Capital Subsidy Scheme, 2017. 1028 Under Secretary 4.a. Personnel Not.- 1/15/85-PER RR.— Directorate of Tourism. 1030 Additional Secretary b. —do— Not.- 1/7/2014-PER RR.— Directorate of the Institute of Psychiatry 1032 and Human Behaviour.

GOVERNMENT OF GOA /Kamd/(S)/2012-13/4109 dated 05-11-2012 published in Official Department of Animal Husbandry and Gazette, Series I No. 33 dated Veterinary Services 15-11-2012. Directorate of Animal Husbandry & Veterinary Services (2) Kamdhenu Scheme (Sudharit) —— amended vide Notification No. 13- Notification -91/Kamd/(S)/2015-16/1563 dated 13-91/Kamd/(S)/2018-19/2782 19-06-2015 published in Official Read:(1) Kamdhenu Scheme (Sudharit) Gazette, Series I No. 13 dated notified vide Notification No. 13-91/ 25-06-2015.

1001 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018

(3) Kamdhenu Scheme (Sudharit) In the said scheme Clause 15, of the amended vide Notification No. 13- Notification No. 13-91/Kamd/(S)/2018-19/121 -91/Kamd/(S)/2015-16/3341 dated dated 06-04-2018 shall be read as “Animals 02-09-2015 published in Official purchased under the Scheme should be Gazette, Series I No. 24 dated insured for minimum period of a 3½ years 10-09-2015. under the Comprehensive Insurance Policy with such Insurance Agency/company as (4) Kamdhenu Scheme (Sudharit) the Department may from time to time notify amended vide Notification No. 13- (approved by the Government). It shall be the sole responsibility of the beneficiary to insure -91/Kamd/(S)/2015-16/3539 dated the animals immediately on purchase. The 23-09-2015 published in Official Government shall not be responsible in the Gazette, Series I No. 27 dated event of the death of the animal or otherwise. 01-10-2015. The respective Financing Institution shall be responsible for the tie up arrangement of (5) Kamdhenu Scheme (Sudharit) insurance cover between the beneficiary and amended vide Notification No. 13- the insurance Company. The premium -91/Kamd/(S)/2016-17/2592 dated towards insurance including transit 05-08-2016 published in Official insurance should be initially borne by the Gazette, Series I No. 19 dated beneficiaries/financing institution, the 01-10-2015 and Department shall reimburse the premium amount to a maximum of Rs. 14,455/- (Rupees (6) Kamdhenu Scheme (Sudharit) fourteen thousand four hundred fifty five amended vide Notification No. 13- only) per animal directly to the financing -91/Kamd/(S)/2016-17/3405 dated institution, together with the subsidy amount 16-09-2016 published in Official on receipt of all the required documents in Gazette, Series I No. 25 dated order”. 22-09-2016. By order and in the name of the Governor (7) Kamdhenu Scheme (Sudharit) of Goa. amended vide Notification No. 13- Dr. Santosh V. Desai, Director & ex officio Jt. -91/Kamd/(S)/2018-19/121 dated Secretary (AH). 06-04-2018 published in Official Gazette, Series I No. 3 dated Panaji, 26th July, 2018. 19-04-2018. ———ttt——— ———— Goa Legislature Secretariat Kamdhenu Scheme (Sudharit) Amended LA/LEGN/2018/1020 The is hereby pleased The following bill which was introduced in to amend the scheme “Kamdhenu Scheme the Legislative Assembly of the State of Goa (Sudharit)”, notified vide Notification read at on 25th July, 2018 is hereby published for Sr. No. 1 above, and further amended vide general information in pursuance of Rule- Notification read at Sr. Nos. 2, 3, 4, 5, 6 and 7 -138 of the Rules of Procedure and Conduct of above as follows:– Business of the .

1002 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 The Goa Town and Country Planning amenity, transferred in favour of such (Amendment) Bill, 2018 authority; (ii) after clause (30), the following clauses (Bill No. 10 of 2018) shall be inserted, namely:— A “(30A) “transferable development right” means a right to transfer the BILL potential of a land required for public purpose by the Planning and Develop- further to amend the Goa, Daman and Diu ment Authority, municipal corporation, Town and Country Planning Act, 1974 municipal council or a village panchayat, (Act 21 of 1975). as the case may be, expressed in terms of total permissible built-up area, for Be it enacted by the Legislative Assembly utilization by the owner himself or of Goa in the Sixty-ninth Year of the Republic transfer by him to someone else, from the of , as follows:— present location to a specified area, as 1. Short title and commencement.— (1) This additional built-up space over and above Act may be called the Goa Town and Country the permissible limit in that area in lieu Planning (Amendment) Act, 2018. of the payment of compensation for such land; (2) It shall come into force on such date as the Government may, by notification in the (30B) “transferable development right Official Gazette, appoint. for posterity” means the right to sell, transfer or surrender the development 2. Amendment of section 2.— In section 2 right or potential of land zoned as of the Goa, Daman and Diu Town and Country agricultural land or land in other areas Planning Act, 1974 (Act 21 of 1975) (hereinafter such as heritage site, water body, riverine referred to as the “principal Act”),— land, farm land, khazan land, private (i) clause (1) shall be re-numbered as forest, land under Coastal Regulation clause (1A) and before clause (1A) as so Zone and the like to alternate sites as re-numbered, the following clause shall be identified in the Development Plan or inserted, namely:— Regional Plan;”. 1 “( ) “accommodation reservation” 3. Amendment of section 11.— In section means to accord a permission by the 11 of the principal Act, in sub-section (2), after Government to owner of land, that is clause (a), the following clause shall be required for public amenity specified in inserted, namely:— Development Plan or Regional Plan, by the Planning and Development Authority, “(aa) proposal for transferable develop- municipal corporation, municipal council ment rights, transferable development right or village panchayat, as the case may be, for posterity, accommodation reservation or to use the potential of such land in the any other similar technique for promoting form of built-up space guided by planned development;”. permissible Floor Area Ratio, in addition to the built-up space required for such 4. Insertion of new section 16B.— After amenity, in lieu of payment of section 16A of the principal Act, the following compensation for such land and such section shall be inserted, namely:—

1003 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 “16B. Change of zone in Regional Plan.— “(c) indicate and provide proposal (1) If at any time, after the Regional Plan for transferable development right, comes into operation, the Chief Town transferable development right for posterity, Planner (Planning) receives a written accommodation reservation or any other request from any person for change of zone similar technique for promoting planned of his land in the Regional Plan, he shall, development.”. after carrying out such fresh surveys and 7. Insertion of new sections 41A to 41C.— examination of the matter as may be After section 41 of the principal Act, the considered necessary, submit his report to following sections shall be inserted, namely:— the Board and the Government, along with plan showing details about change of zone “41A. Acquisition of land by according in the Regional Plan. transferable development right.— (1) The Planning and Development Authority, (2) Every request under sub-section (1) municipal corporation, municipal council or shall be made in such form as may be a village panchayat may, with approval of prescribed and accompanied by such fees the Government and the consent of the as notified under sections 100A and 101A. owner, acquire his land for public purpose (3) The provisions of sections 12 to 15 and the Government may accord him a shall, mutatis mutandis, apply for change transferable development right, in lieu of of zone in the Regional Plan submitted under the payment of compensation towards such sub-section (1). acquisition, by issuing a Development Right Certificate in such form and in such manner (4) After the Regional Plan comes into as may be prescribed. operation, the Chief Town Planner (Planning) may, with the prior approval of (2) The transferable development right the Government, make such changes in could be utilized as additional built up space such Regional Plan as may be necessary in such manner as may be prescribed by for correcting any typographical or the owner who may use it himself or transfer cartographical errors, omissions or details it to any other person in full or in part, to of proposals not fully indicated or changes use in areas earmarked for the purpose in arising out of the implementation of the Regional Plan or Development Plan. proposals in the Regional Plan: 41B. Acquisition by way of accommo- Provided that all such changes are in the dation reservation.— (1) A Planning and public interest and are notified to the public.”. Development Authority, municipal corporation, municipal council or a village 5. Amendment of section 30.— In section panchayat may, with the consent of the 30 of the principal Act, in sub-section (1), after owner, get transferred his land and amenity clause (d), the following clause shall be in its favour for public purpose as specified inserted, namely:— in the Regional Plan or Development Plan, “(e) indicate and provide for proposal by way of accommodation reservation, in for transferable development right, such manner as may be prescribed. transferable development right for posterity, (2) The owner of such land shall develop accommodation reservation or any other such amenity and hand it over to the said similar technique for promoting planned authority free of cost and thereafter he shall development.”. himself utilize the developmental right equivalent to full permissible Floor Area 6. Amendment of section 32.— In section Ratio. 32 of the principal Act, in sub-section (2), after clause (b), the following clause shall be 41C. Preservation of natural reserves and inserted, namely:— resources for posterity.— A Planning and

1004 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 Development Authority, municipal namely, Regional Plan for Goa 2001 and corporation, municipal council or a village Regional Plan for Goa 2021. The Government, panchayat may with approval of the however, taking into account the requirement Government and the consent of the owner, of public decided to operationalize the withdraw or severe the development right regional Plan for Goa 2021 vide order dated or potential in respect of land identified for 28-3-2018 with strict parameters and conservation or preservation in the guidelines. Regional Plan or Development Plan and the Government may allot the development Major infrastructural developments are right, thus removed, or severed to other area taking place in the form of highway which is more suitable for development by development and new international airport, way of transferable development right for etc. Census of India published their population posterity in such manner as may be and socio-economic figures of 2011 sub- prescribed.”. sequent to the notification of Regional Plan 2021. The Government, therefore, contemplate 8. Amendment of section 140.— In section to prepare new Regional Plan for a longer 140 of the principal Act, in sub-section (2),— perspective year of 2031, as Regional Plan– 2021 itself, is slowly becoming obsolete. i d ( ) after clause ( ), the following clause shall New planning tools like “accommodation be inserted, namely:— reservation” and “transferable development “(dd) form for making request under right” are in vogue in many States which will sub-section (1) of section 16B;”; help the Government in acquiring the land for public purposes with consent of the owner (ii) after clause (e), the following clauses thereof. The new Regional Plan need to be shall be inserted, namely:— prepared by using new planning techniques like “transferable development right for “(ea) the form and manner in which a posterity” and incentivisation for people who Development Right Certificate is to be hold their land green and without develop- issued and manner in which the ment and for conservation and preservation development right to be utilized under of natural and built heritage. section 41A; (eb) the manner in which land and There are mismatches in Regional Plan for amenity to be transferred by way of Goa 2001 vis-à-vis Regional Plan for Goa 2021 accommodation reservation under section as many of the areas classified under Regional 41B; Plan for Goa 2001 are not in settlement zones as per Regional Plan for Goa 2021. There (ec) the manner in which development are many cartographical errors and new right of a property can be withdrawn or proposals like micro industrial zones, garbage severed and allotted to other area by way management sites, disaster management sites of transferable development right for are not feasible. Pending the preparation of posterity under section 41C;”. new Regional Plan for a horizon year 2031, it is required to bring about a provisions in the STATEMENT OF OBJECTS AND REASONS Act to enable the Government to consider application for change of zone. Hence, Clause The Government had notified Regional Plan 4 of the Bill seeks to achieve this objective. for Goa 2021, talukawise, in the year 2010 and 2011. Thereafter, the said Regional Plan was The Bill seeks to amend section 2 of The Goa, kept on hold in the year 2012 and as such land Daman and Diu Town and Country Planning developments and building constructions in Act, 1974 (Act No. 21 of 1975) (hereinafter the State were being permitted only in plots referred to as the “said Act”) so as to introduce which are conforming and identified for new definitions viz: “accommodation development in both the Regional Plans, reservation”, “transferable development

1005 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 right” and “transferable development right for development right certificate and the manner posterity”. for utilisation of transferable development right. The Bill further seeks to amend of sections 11, 30 and 32 so as to facilitate the preparation Clause 7 of the Bill further empowers the of Regional Plan, Outline Development Plan Government to frame rules for prescribing the and Comprehensive Development Plan by manner of transfer of land and built up space using the new techniques contained in the by way of accommodation reservation. said new definitions. Clause 7 of the Bill also empowers the The Bill further seeks to introduce new Government to frame rules for prescribing the sections namely, section 41A for acquisition manner in which development right of a of land by according a transferable property can be withdrawn or severed and development right and section 41B for transfer allotted to the other area by way of transferable of land and amenity by way of development right for posterity. “accommodation reservation” and section 41C for providing methods to preserve lands These delegations are of normal character. from construction by withdrawing Porvorim-Goa, VIJAI SARDESSAI developments right of properties which need Dated: 23-07-2018. Hon’ble Minister for to be preserved and allotting it to another location which is more suitable for Town and Country Planning. development by way of “transferable Assembly Hall, N. B. SUBHEDAR, development rights for posterity”. Porvorim-Goa. Secretary to the The Bill also seeks to amend section 140 of Dated: 23-07-2018. Legislative Assembly of Goa. the said Act for empowering the Government to frame rules on certain matters. Governnor’s Recommendation under Article 207 of the FINANCIAL MEMORANDUM In pursuance of Article 207 of the Constitution of “Bill will facilitate Government to acquire India, I, Smt. Mridula Sinha, the Governor of Goa, land for public purpose, without incurring hereby recomended to the Legislative Assembly expenditure on payment of the amount for of Goa, the introduction and consideration of the compensation. The Bill also enables the Goa Town and Country Planning (Amendment) Government to levy processing charges and Bill, 2016. fee for change of zone for the applications made for change of zone. The revenue gain ANNEXURE cannot be quantified at this moment.” ...... Extracts of Section 2, 30, 32 and 140 of the Goa MEMORANDUM REGARDING DELEGATED Daman and Diu Town and Country Planning LEGISLATION Act, 1974 (Act 21 of 1975) ...... Clause 1(2) of the Bill empowers the Government to issue notification to appoint a 2. Definitions.— In this Act, unless the context date for bringing the Act into force. otherwise requires,— Clause 4 of the Bill empowers the (1) “agriculture” includes (i) horticulture, farming, Government to frame rules for prescribing growing of crops, fruits, vegetables, flowers, grass, form of application for change of zone. fodder and trees; (ii) any kind of cultivation of soil; (iii) breeding and keeping of livestock including Clause 7 of the Bill empowers the cattle, horses, donkeys, mules, pigs, fish, poultry Government to frame rules for prescribing the and bees; (iv) the use of land which is ancillary to manner for acquisition of land by according the farming of land or any other agricultural transferable development right, the form of purposes;

1006 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 but does not include the use of any land attached (10) “development” with its grammatical to a building for the purposes of garden to be used variations and cognate expressions, means the along with such building; and the expression carrying out of building, engineering, mining, “agricultural” shall be construed accordingly; quarrying or other operations in, on, over or under, land, 1[ ] or the making of any material change in (2) “amenities” include the utilities such as roads any building or land, or in the use of any building or and streets, open spaces, parks, recreational land, and includes sub-division of any land; grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works (11) “Development Plan” means an Outline and other utilities, services and conveniences; Development Plan or a Comprehensive Development Plan prepared under this Act; (3) “area of bad lay-out or obsolete development” (12) “engineering operations” includes the means the area which is defined by a Development formation or the laying out of means of access to a Plan as an area of bad lay-out or obsolete road or the laying out of means of water supply, development and includes other lands contiguous drainage, sewerage or of electricity cables or lines or adjacent thereto; or of telephone lines; (4) “Board” means the Goa, Daman and Diu Town (13) “Government” means the Government of Goa, and Country Planning Board constituted under Daman and Diu, and includes the Administrator of section 4; the Union territory appointed by the President under article 239 of the Constitution; (5) “building operations” includes— (14) “industrial use” includes the use of any land (a) erection or re-erection of a building or any or building or part thereof for purposes of any part of it; industry; (b) roofing or re-roofing of a building or any (15) “industry” includes the carrying part of a building or an open space; on of any manufacturing process as Central Act (c) any material alteration or enlargement of a defined in the Factories Act, 1948, and 63 of 1948. building; the expression “industrial” shall be construed accordingly; (d) any such alteration of a building as is likely (16) “land” includes benefits arising out of land to affect an alteration of its drainage or sanitary and things attached to the earth or permanently arrangements or materially affect its security; and fastened to anything attached to the earth; (e) the construction of a door opening on any (17) “land use” means the major use to which a street or land not belonging to the owner of a plot of land is being used on any specified date; building; (18) “local authority” means a municipal council (6) “Chief Town Planner” means the Chief Town or a village panchayat; Planner appointed under section 3; (19) “local newspaper” in relation to any planning (7) “commerce” means the carrying on of any area, means any newspaper published or circulated trade, business or profession, sale or exchange of within that area; goods of any type whatsoever, and includes the running of:— (20) “notification” means a notification published in the Official Gazette; (i) with a view to making profit, hospitals or (21) “occupier” includes— nursing homes exceeding twenty five beds; and (a) a tenant; (ii) hotels, restaurants and boarding houses not attached to educational institutions; and the (b) an owner in occupation of, or otherwise expression “commercial” shall be construed using his land or building or part thereof; accordingly; (c) a rent-free occupant of any land or building (8) “commercial use” includes the use of any land or part thereof; or building or part thereof for purposes of commerce (d) a licensee in occupation of any land or or for storage of goods, or as an office, whether building or part thereof; and attached to any industry or otherwise; (e) any person who is liable to pay to the owner (9) “court” means a court under the Code of Civil damages for the use and occupation of any land Procedure, 1908 (Central Act V of 1908); or building or part thereof;

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(22) “owner” in relation to any property, includes development may be carried out, the network of the person for the time being receiving or entitled transport and communication lines, the proposals to receive, whether on his own account or as agent, for conservation and development of natural trustee, guardian, manager, or receiver for another resources and such other matters as may have an person, or for any religious or charitable purpose, influence on the development of the concerned area. the rents or profits of such property; (2) In particular, and without prejudice to the (23) “Planning and Development Authority” generality of the foregoing provisions, a regional plan means any Planning and Development Authority may provide for all or any of the following matters, constituted under this Act; namely:— (24) “planning area” means any area declared to (a) the broad demarcation of areas for be a planning area under this Act; agriculture, forestry, industry, mineral development, urban and rural settlements and (25) “plot” means a continuous portion of land other activities; held in one ownership; (b) the reservation of land for recreation, (26) “prescribed” means prescribed by rules made botanical and zoological gardens, natural under this Act; reserves, animal sanctuaries, dairies and health (27) “public place” means any place or building resorts and for the preservation, conservation and which is open to the use and enjoyment of the public, development of areas of natural scenery, forests, whether it is actually used or enjoyed by the public wild life, natural resources and landscaping; or not, and whether the entry is regulated by any (c) preservation of objects, features, structures fees or not; or places of historical, natural, archaeological or (28) “reconstituted plot” means a plot which is scientific interest and educational value; altered either in ownership or in any other manner (d) the prevention of erosion of soil, provision by a town planning scheme; for afforestation, or re-afforestation, improvement (29) “re-location of population” means in relation and re-development of water front areas, rivers to an area of bad lay-out or obsolete development or and lakes; a slum area, the making available, in that area or (e) transport and communications network elsewhere, of accommodation, for residential such as roads, highways, railways, water ways, purposes or for carrying on business or other canals and airports including their future activities, together with amenities, to persons living development; or carrying on business or other activities in the said area who have to be so accommodated so that the (f) rural and urban centres, both existing and said area may be properly planned; new, indicating the extent of their anticipated growth; (30) “residence” includes the use for human habitation of any land or building or part thereof (g) for irrigation, water supply and hydro- including gardens, grounds, garages, stables and electric works, flood control and prevention of out-houses if any, appertaining to such building; and water pollution; the expression “residential” shall be construed (h) providing for the re-location of population accordingly; or industry from over-populated and industrially (31) “Union territory” means the Union territory congested areas, and indicating the density of of Goa, Daman and Diu; population or the concentration of industry to be allowed in any areas. (32) words and expressions used in this Act and not defined herein but defined in the Goa, Daman 30. Contents of Outline Development Plan.— (1) and Diu Municipalities Act, 1968, shall have 7 of An Outline Development Plan shall— 1969. (a) indicate broadly the manner in which the same meanings as are respectively assigned to the land in the planning area is proposed to be them in that Act. used; 11. Contents of regional plan.— (1) Subject to the (b) allocate areas or zones of land for use — provisions of this Act and any rules made thereunder, (i) for residential, commercial, industrial and the regional plan shall indicate the stages by which agricultural purposes;

1008 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 (ii) for public and semi-public open spaces, (ii) comprehensive land allocation of areas parks and playgrounds; and or zones for residential, commercial, industrial, agricultural and other purposes; (iii) for such other purposes as the Planning and Development Authority may think fit; (iii) complete road and street pattern and (c) indicate, define and provide— traffic circulation pattern for present and future requirements; (i) for existing and proposed national (iv) major road and street improvements; highways, arterial roads, ring roads and major streets; and (v) areas reserved for public buildings and institutions and for new civic development; (ii) for existing and proposed lines of communications, including railways, (vi) areas for future development and tramways, airports and canals; expansion, and areas for new housing; (d) regulate within such zone, the location, (vii) amenities, services and utilities; height, number of storeys and size of buildings (viii) such other matters as may be and other structures, the size of yards, courts and prescribed or as may be directed by the other open spaces, and the use of buildings, Government or the Board to be indicated, structures and land. defined, and provided for; (2) An Outline Development Plan may also (c) include zoning regulations to regulate indicate, define and provide for— within each zone, the location, height, number (a) the existing and proposed public and semi- of storeys and size of buildings and other public buildings; and structures, the size of yards, courts and other open spaces and the use of buildings, structures (b) all or any of the purposes and matters as and land; may be indicated, defined and provided for in the Comprehensive Development Plan under section 14 Inserted by the Amendment Act 19 of 1995. 32. (d) indicate the stages by which the proposals (3) Subject to such rules as may be prescribed are intended to be carried out, together with the regulating the form and contents of an Outline financial implications of each stage. Development Plan any such plan shall include such (2) The Comprehensive Development Plan may— maps and such descriptive matter as may be necessary to explain and illustrate the proposals (a) indicate, define and provide for— contained in that Plan. (i) all such matters including planning 14[(4) After the coming into operation of standards, gross and new density and such Outline Development Plan and defining the Zone guiding principles as the Planning and thereof, the conversion shall be in conformity with Development Authority may consider the contents of an Outline Development Plan and expedient to be indicated, defined and in accordance with such procedure as may be provided for in the Development Plan; prescribed;] (ii) detailed development of specific areas 32. Contents of Comprehensive Development for housing, shopping centres, industrial areas, Plan.— (1) A Comprehensive Development Plan civic centres, educational and cultural shall— institutions; (a) indicate, define and provide for all the (iii) control of architectural features, matters that have to be, or may be, indicated, elevation and frontage of buildings and defined and provided for in the Outline structures; Development Plan with such modifications as the (iv) a five year development programme Planning and Development Authority deems fit; within the stages indicated in clause (d) of (b) indicate, define and provide for— sub-section (1); (i) areas to be reserved for agriculture, public (b) designate, any land as land subject to and semi-public open spaces, parks, acquisition for any public purpose, and in playgrounds, gardens, and other recreational particular, but without prejudice to the generality uses, green belts and natural reserves; of this provision for the purposes of:—

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(i) the Union or the State Governments, or (i) the form and contents of a Development Plan; for any local authority or other authority (j) the time within which modifications, if any, established by law and public utility concerns; may be directed to be made in any Development (ii) dealing satisfactorily with the areas of Plan under section 34; bad layout or obsolete development, slum areas and for re-location of population; (k) the form in which any application for permission for development in respect of, or (iii) providing for open spaces, parks and change of use of, land shall be made, the playgrounds; particulars to be contained therein and the (iv) securing the use of the land in the manner documents and plans which shall accompany specified in the development plan; such application; (v) any of the matters as are referred to in (l) the manner of filing of appeals under this clause (a). Act, the fees to be paid thereon and the procedure to be followed in such appeals; (3) Subject to such rules as may be made for regulating the form and contents of a Comprehensive (m) the manner in which an acquisition notice Development Plan, any such plan shall include such may be served under this Act; maps and such descriptive matters as may be (n) the time within which and the manner in necessary to explain and illustrate the proposals which a claim for compensation may be made included in that plan. under section 48 and the procedure to be followed 140. Power to make rules.— (1) The Government for assessment of compensation; may, by notification, make rules to carry out the (o) the matters which may be included in a purposes of this Act. town planning scheme; (2) In particular, and without prejudice to the generality of the foregoing power, such rules may (p) the procedure to be followed in summarily provide for all or any of the following matters, evicting a person under section 80; namely:— (q) the manner in which a draft variation of a (a) the qualifications in town and country final scheme shall be published under sub-section planning for appointment as Chief Town Planner; (2) of section 81 and the particulars to be contained in such variation; (b) the term of office of the members of the Board, the manner of filling casual vacancies (r) the exemption from the levy of Development among them and the allowances payable to such Charges payable under this Act; members for attending the meetings of the Board; (s) the rates of Development Charges and the (c) the procedure to be followed in regard to manner in which an application for assessment the transaction of business at the meetings of the of the Development Charge may be made; Board; (t) the sum of money that may be kept in a (d) the functions which may be performed by current account by the Planning and the Board and the Planning and Development Development Authority; Authority; (u) the form in which and the time within which (e) the term of office and conditions of service the budget of a Planning and Development of the Chairman and the members of the Planning Authority shall be prepared and the number of and Development Authority; copies that have to be sent to the Board and the (f) the manner in which and the purposes for Government; which a Planning and Development Authority (v) the form of the annual statement of accounts may associate any person under section 24; and balance sheet of a Planning and Development (g) the control and restrictions subject to which Authority; officers and other staff of the Board, and of the w Planning and Development Authority may be ( ) the manner in which and the conditions appointed; subject to which pension and provident funds shall be constituted by a Planning and (h) the form in which land use map and land Development Authority for the benefit of its use register shall be prepared; officers and other employees;

1010 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 (x) the documents in respect of which certified 1. Short title, extent, and commencement.— copies may be granted and the fees payable (1) This Act may be called the Goa State Higher therefor; Education Council Act, 2018. (y) any other matter which has to be, or may be, prescribed. (2) It shall extend to the whole of the State (3) Any rule made under this section may provide of Goa. that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and (3) It shall come into force on such date in the case of a continuing contravention, with an as the Government may, by notification, additional fine which may extend to twenty-five appoint. rupees for every day during which such contravention continues after conviction for the 2. Definitions.— In this Act unless the first such contravention. context otherwise requires,— (4) Every rule made under this section shall be laid as soon as may be after it is made, before the (a) “AISHE” means the All India Survey on Legislative Assembly of the Union territory while it Higher Education initiated by the Ministry of is in session for a total period of thirty days which Human Resource Development, Government may be comprised in one session or in two or more of India; successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any (b) “Affiliated Institutions” means the modification in the rule or the Assembly states that institutions which are run and controlled by the rule should not be made, the rule shall thereafter their own governing bodies, affiliated to the have effect only in such modified form or be of no Goa University and recognized by Government effect, as the case may be; so, however that any such of Goa; modification or annulment shall be without prejudice to the validity of anything previously done (c) “Apex Regulatory Institutions” means under that rule. the regulatory Institutions created under the ———— Act for the governance of institutions;

LA/LEGN/2018/1024 (d) “Chairperson” means the Chairperson The following bill which was introduced in of the Council; the Legislative Assembly of the State of Goa on 26th July, 2018 is hereby published for (e) “Council” means the Goa State Higher general information in pursuance of Rule- Education Council constituted under -138 of the Rules of Procedure and Conduct of section 3; Business of the Goa Legislative Assembly. _____ (f) “Official Gazette” means the Official Gazette of the Government; The Goa State Higher Education Council Bill, 2018 (g) “Executive Director” means Executive Director appointed under section 8; (Bill No. 11 of 2018) A (h) “Government” means the Government of Goa; BILL to provide for the constitution of the Goa State (i) “Higher Education” means an education, Higher Education Council. whether professional, technical, or otherwise Be it enacted by the Legislative Assembly leading to the award of a degree or diploma of Goa in the Sixty-ninth Year of the Republic by a University or an institute approved by the of India, as follows:— institution;

1011 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 (j) “Institution” means an academic (c) the Minister for Education, institution of higher education which offers Government of Goa; Finance Secretary, various kinds of courses or training Government of Goa; Secretary, Department programme; of Education, Government of Goa; Director of Higher Education, Government of Goa; (k) “Member” means a member of the and Director of Technical Education, Council and includes the Chairperson and Government of Goa shall be ex officio Vice-Chairperson; members;

(l) “MIS” means management information (d) five members to be nominated by system to provide efficiency and effectiveness the Government who are persons of of strategic decision making; scholarly pursuit, one each belonging from the field of art and culture, science and (m) “Prescribed” means prescribed by rules technology, civil society, industry and made under this Act; vocational field; (n) “Regulations” means the regulations made by Council; (e) Vice-Chancellor of the Goa University, ex officio member; (o) “Rules” means the rules made under this Act; (f) two Principals of the Colleges to be nominated by the Government in rotation (p) “State” means the State of Goa; of two years;

(q) “State University” means the university (g) five members co-opted by the Council run, managed, controlled and formed by the who are persons of scholarly pursuit; State Government under the Act; (h) one nominee of the Government of (r) “Statutes”, “Ordinances”, “Regulations” India to be nominated by the Ministry of of a university means the Statutes, the Human Resource Development; Ordinances, and the Regulations of a University; (i) Executive Director, who shall be the ex-officio member Secretary thereof. (s) “Vice-Chairperson” means the Vice- -Chairperson of the Council. (3) The Council shall by the name of the Goa State Higher Education Council be a body 3. Constitution of the Council.— (1) The corporate, and have perpetual succession and Government may, by notification in the Official a common seal, and shall by that name sue Gazette constitute a Council to be called the and be sued. Goa State Higher Education Council. (4) The Council shall have the power to (2) The Council shall consist of the following acquire and hold property, both movable and members, namely:— immovable. Subject to the provisions of this (a) The Chief Minister of Goa, who shall Act and the rules made thereunder, to transfer be the ex officio Chairperson thereof; any property held by itself and to enter into contracts and to do all other things necessary (b) An eminent academic administrator for the purpose of this Act. with proven record or a professional from industry or Administration with sufficient (5) The headquarter of the Council shall experience in the academic sector, who be located at the place decided by the shall be the Vice-Chairperson thereof; Government from time to time.

1012 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 4. Disqualifications.— (1) No person shall be (a) formulate and evolve State Higher qualified for nomination or to continue as a Education Plan for the development of member of the Council, if he is,— higher education, suo moto or on the direction from the Government or on (a) of unsound mind; or request from the University or other Institution in the State; (b) adjudicated as an un-discharged insolvent; or (b) provide support to State Institutions and affiliated institutions for formulation, (c)sentenced by a criminal court to production and implementation of their imprisonment for any offence involving plans; moral turpitude; or (c) monitor the implementation of State (d) directly or indirectly by himself or his Higher Education Plan; partner has any share or interest in any work done by order of, or in any contract (d) compile and maintain periodic entered into on behalf of the Council; or statistics relating to various parameters of Higher Education at State and institutional (e) a person who has been terminated level and assist in All India Survey on Higher from any Government or University service Education; on ground of misconduct or negligence. (e) create and maintain Management (2) In case of dispute or doubt as to whether Information System; a person is disqualified under sub-section (1), the decision of the Government shall be final. (f) evaluate institutions on the basis of norms developed by national level higher (3) Save as otherwise provided in this Act, education institutions; no person who is not a graduate of any University established by law shall be eligible (g) suggest improvements in curriculum for nomination as a member of the Council and syllabus in accordance with the under this Act. changing society’s and academic requirements and maintain quality of 5. Responsibilities and functions of the curriculum; Council.— (1) The Council shall,— (h) ensure quality of examinations and (a) advice the Government, University suggest reforms in examination; and other institutions of higher education in the State; (i) undertake necessary steps for establishing inter-linkage between (b) co-ordinate the roles of the research and learning process; Government, University and Apex Regulatory Institutions in higher education (j) protect the autonomy of State within the State; institutions and review periodically the Statutes, Ordinances and Regulations of the (c) provide common facilities in higher University in the State and suggest education. appropriate improvement for the realization of the objects of social justice and academic (2) For furtherance of the above excellence in education, and advise the responsibilities and functions, the Council university or institution of higher education shall,— on Statutes and Ordinances;

1013 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 (k) provide approval for setting up new (2) The Chairperson shall not be deemed to institutions of higher education; hold any office of profit by reason only that he is the Chairperson of the Council. (l) suggest accreditation reform measures in consultation with National Assessment 7. Appointment of the Vice-Chairperson.— and Accreditation Council; (1) The Vice-Chairperson shall be appointed on the recommendation of a search committee (m) advise Government on strategic consisting of Chairperson of the Council and investments in higher education; two other members, one nominated by the Council and one by the Government; (n) evolve guidelines for linkages of an academic nature between higher education (2) The Vice-Chairperson shall have one institutions in the State and institutions non-extendable term of five years or till he within and outside the country; attains the age of 70 years;

(o) make proposals for the generation and (3) The Vice-Chairperson may be removed utilization of funds in accordance with the by the Government on the recommendation objectives of this Act; of the Council;

(p) evolve general guidelines for the (4) The Vice-Chairperson shall preside over release of grants by the Government or any the meetings of the Council in the absence of agency authorized by the Government and the Chairperson; disburse funds to the University and colleges on the basis of State Higher (5) The salary and allowances payable to Education Plan; the Vice-Chairperson shall be such as may be specified by the Government, from time to (q) evolve methodology for timely transfer time, by Notification in the Official Gazette. of the funds earmarked for the State University and other institutions of higher 8. The Executive Director.— (1) The education; Government shall appoint the Executive Director who shall be the Member Secretary (r) hold discussions, conduct workshops, of the Council and he be responsible for seminars with the objective of facilitating co-ordination and the functioning of the the widest possible consultancies with Council; experts and stakeholders for formulating the (2) The Executive Director shall exercise polices on higher education and facilitating such other powers and perform such other their proper implementation; functions as may be prescribed. (s) provide a forum for the interaction 9. Officers and Staff of the Council.— (1) The among the academy, industries, agriculture Government shall appoint one Administrative and science sectors; Officer and one Finance Officer for the Council. (t) co-ordinate various programmes being (2) The Council may, with prior approval of promoted and undertaken by Central and the Government, appoint such number of State Governments and National level apex employees as it deems necessary for the regulatory institutions in the territory of efficient performance of its functions under this India. Act. The terms and conditions of service of the employees of the Council shall be such as may 6. The Chairperson.— (1) The Chairperson be specified in the regulations to be framed shall preside over the meetings of the Council; by the Council.

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10. Administrative Officer.— (1) The the effective functioning of the State Project Administrative Officer shall be a whole-time Directorate. officer of the Council and shall be a person on deputation from University, College or from (b) The State Project Directorate shall,— recognized Educational Institution; (i) oversee project implementation at the (2) The Administrative Officer shall be a State level; person having at least fifteen years experience of teaching in a college or post graduate (ii) maintain statistical data and Department of University; Management Information System report; and

(3) The Administrative Officer shall be in (iii) engage Project Auditors and charge of general administration and shall Consultants as required. exercise such powers and perform such duties as may be assigned to him by the Chairperson; 13. Technical Support Group.— (1) The Council may by notification in the Official (4) The Administrative Officer shall be Gazette constitute a Technical Support Group entitled to receive deputation allowance over consisting of such experts as may be decided and above his pay and allowances which he by the Council. was drawing in his parent organization. (2) The Technical Support Group shall,— (i) 11. Finance Officer.— (1) The Finance monitor flow of funds and information; (ii) Officer shall be a whole-time officer of the generate Management Information System Council and shall be a person on deputation; reports as required; and (iii) provide operational support to the Council. (2) The Finance Officer shall be a person having fifteen years of experience in financial 14. Terms and Conditions of the nominated administration, and sound knowledge of members.— (a) Each nominated and co-opted accountancy, auditing and budgetary member shall normally have a term of six procedures; years, provided that one-third of the members shall retire every two years on the basis of age, (3) The Finance Officer shall be In-charge and the vacancy shall be filled by the of Accounts Department and shall be Government, if the retiring member is a responsible for maintaining the accounts of the Government nominee, or by the council, if the Council and shall exercise such powers and retiring member is a co-opted member; perform such duties as may be assigned to b him/her by the Chairperson; ( ) At any point of time, twenty members of the Council should be from the state and five (4) The Finance Officer shall be entitled to members must be individual of national receive deputation allowance over and above eminence (outside the State); his pay and allowances which he was drawing (c) The nominated and co-opted member in his parent Institution. may by writing under his hand addressed to the Chairperson of the Council resign his 12. State Project Directorate.— (1) The membership but he/she shall continue to Government shall by notification in the Official remain member until his/her resignation is Gazette constitute a State Project Directorate. accepted in writing by the Chairperson of the Council; (a) The State Project Directorate shall consist of the State Project Director and such (d) The nominated and co-opted member adequate support staff as may be required for shall be eligible for such rate of travelling

1015 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 allowance, daily allowance and sitting fee as met, shall be invested in such manner as may may be prescribed; be prescribed.

(e) Subject to the provision of this section 17. Annual Accounts and Audit.— (1) The the other terms and condition of the service accounts of the Council shall be maintained shall be such as may be prescribed. in such manner and in such form as may be prescribed. 15. Meetings of the Council.— (1) The Council shall meet as often as may be (2) The Council shall prepare an annual necessary, at such time and place and observe statement of accounts in such form and in such such rules of procedures as may be provided manner as may be prescribed. in the regulations, but it shall meet at least once in six months. (3) The accounts of the Council shall be audited once in a year by such auditor as the (2) It shall have the power to act, Government may appoint or depute in this notwithstanding any vacancy in the behalf. membership or any defect in the constitution (4) The Executive Director to the Council thereof, and the proceedings of the Council shall cause the annual audit report to be shall be valid notwithstanding that some printed and shall place such report before the person, who was not entitled to be a member, Council for consideration at its next meeting. had attended, or otherwise had taken part in the proceedings of the Council. (5) The Council shall take appropriate action forthwith to remedy any defect or irregularity (3) The meeting of the Council shall be that may be pointed out in the audit report. convened by the Executive Director on the advice of the Chairperson. (6) The accounts of the Council as certified by the auditor together with the audit report (4) The quorum of the meeting of the along with the remarks of the Council there Council shall be one third of the total members on shall be forwarded to the Government of the Council. The decision of the meetings within such time as may be prescribed. may be taken by simple majority of those present and voting. 18. Annual Report.— The Council shall prepare for every year a report of its activities 16. Funds of the Council.— (1) The funds of under this Act during that year and submit the Council shall include all sums which may, the report to the Government. from time to time, be paid to it by the Government and all other receipts including 19. Chairperson, Vice-Chairperson, Executive any sum from the Central Government, or any Director, Members, Officers and Staff of other authority, institutions or persons. the Council to be public servants.— The Chairperson, Vice-Chairperson, Executive (2) The Government may pay to the Council Director, Member, Officers and Staff of the for every financial year such sums as may be Council, when acting or purporting to act in considered necessary for the functioning of pursuance of any provisions of this Act or any the Council and for the discharge of its rule or order or direction made or issued under responsibilities and duties under this Act. this Act shall be deemed to be public servants within the meaning of section 21 of the Indian (3) All expenditure incurred by the Council Penal Code (Central Act XLV of 1860). under or for the purposes of this Act shall be defrayed from out of the fund and any surplus 20. Protection of action taken in good remaining, after such expenditure has been faith.— No suit, prosecution or other legal

1016 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 proceeding shall lie against the Government STATEMENT OF OBJECTS AND REASONS or the Council, or any officer of the Government or any member, officer or The Ministry of Human Resource employee of the Council in respect of anything Development, University Grants Commission which is in good faith done or intended to be and Rashtriya Uchhatar Shiksha Abhiyan, done under this Act. 2013 have recommended that the State level planning and co-ordination of higher 21. Act to have overriding effect.— The education including University Education provisions of this Act shall have effect shall be done through an independent, notwithstanding anything inconsistent autonomous Council for Higher Education. therewith contained in any other State law for Accordingly, in order to bring out better the time being in force or in any instrument excellence, inclusiveness and accessibility in having effect by virtue of any law other than the Higher Education Sector, the State this Act. Government has decided to constitute the State Level Higher Education Council to be 22. Power to make rules.— (1) The known as Goa State Higher Education Council. Government may, by notification in the Official The Council shall function in order to forge Gazette and after previous publication, make synergic relationship amongst the State rules for the purpose of carrying out the Government, Universities, academics and provisions of this Act. experts by occupying an operational space between the Government and Universities on (2) Every rule made under this Act shall be one hand and between Universities and apex laid, as soon as may be after it is made, before level regulatory institutions on the other. The the Legislative Assembly of Goa. main objects of the Council includes planned and co-ordinated development of Higher 23. Power to make regulations.— (1) The education in the State, promoting academic Council may, with the previous approval of the excellence and social justice by obtaining Government, by notification in the Official academic input for policy formulation and Gazette, make regulations not inconsistent perspective planning, ensuring autonomy, with this Act and the rules made there under accountability and co-ordination of all to provide for all matters for which provision institutions of higher education in the State is expedient for the purposes of giving effect and guiding the growth of higher education to the provisions of this Act. in accordance with the socio-economic requirements of the State. 24. Power to remove difficulties.— (1) If any The Bill seeks to achieve the aforesaid difficulty arises in giving effect to the objects. provisions of this Act, the Government may, by order published in the Official Gazette, make FINANCIAL MEMORANDUM such provisions not inconsistent with the provisions of this Act as appear to it to be The expenditure involved cannot be necessary or expedient for removal of the quantified at this stage. However, during difficulty: initial years an expenditure of Rupees Five Crores approximately would be required per Provided that no such order shall be made annum. after the expiry of a period of two years from the date of the commencement of this Act. MEMORANDUM REGARDING DELEGATED LEGISLATION (2) Every order made under this section shall, as soon as may be after it is made, be The Bill involves delegation of legislature laid before the Legislative Assembly of Goa. powers in the following respect.

1017 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 Clause 1— sub-clause (iii) of this clause LA/LEGN/2018/1025 empowers the State Government to appoint, The following bill which was introduced in by notification in the Official Gazette, the date the Legislative Assembly of the State of Goa on which the Act came into force. on 26th July, 2018 is hereby published for general information in pursuance of Rule- Clause 3— sub-clause (i) empowers the -138 of the Rules of Procedure and Conduct of State Government, by notification in the Official Business of the Goa Legislative Assembly. Gazette, to constitute the Goa State Higher _____ Education Council. The Goa Lokayukta (Amendment) Clause 3— sub-clause (iv) of this clause Bill, 2018 empowers the State Government to notify the headquarter of the Council. (Bill No. 13 of 2018)

Clause 21— This clause empowers the A Council to make regulation not inconsistent with the provisions of the Act with the BILL approval of the State Government. further to amend the Goa Lokayukta Act, 2011 Clause 22— This clause empowers the State (Goa Act 3 of 2012). Government to make rules, by notification, to carry out all or any purposes of the Act. Be it enacted by the Legislative Assembly of Goa in the Sixty-ninth Year of the Republic Clause 23— This clause empowers the State of India, as follows:— Government to remove difficulty if arises in giving effect to the provisions of this Act. 1. Short title and commencement.— (1) This Act may be called the Goa Lokayukta The delegation of legislative powers as (Amendment) Act, 2018. aforesaid is necessary and is of a normal character. (2) It shall come into force at once.

Porvorim–Goa. , 2. Amendment of section 21.— In section 23rd July, 2018. Education Minister/Chief. 21 of the Goa Lokayukta Act, 2011 (Goa Act 3 Minister of 2012), in sub-section (1),—

Assembly Hall. N. B. SUBHEDAR (i) for the expression “30th June”, the Porvorim–Goa. Secretary to the expression (words) “5th November” shall Legislative Assembly of Goa. be substituted;

Governor’s Recommendation under Article 207 (ii) for the figure “.” at the end, the figure of the Constitution of India “:” shall be substituted;

In pursuance of Article 207 of the (iii) the following proviso shall be Constitution of India, I, Mridula Sinha, the inserted, namely:— Governor of Goa, hereby recommend to the Legislative Assembly of Goa, the Goa State “Provided that the provisions Higher Education Council Bill, 2018. contained in sub-section (1) shall not be applicable to the public functionary after RAJ BHAVAN. MRIDULA SINHA the expiry of one year from the date he Date: 19th July, 2018. Governor of Goa. ceases to hold such office”.

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STATEMENT OF OBJECTS AND REASONS date he enters upon his office and thereafter before the 30th June of every year, submit to the Lokayukta The public functionaries find it difficult to in the prescribed form a statement of his assets and file their assets and liabilities statements by liabilities held by him or by any person on his behalf 30th June since the accounts of the business run by them or by their family members are and those of the member of his family. The public available only by 30th September of the functionaries falling under clause (o) and sub-clause financial year. The Bill therefore seeks to (ix) of clause (q) of section 2, shall file statement amend section 21 of the Goa Lokayukta Act, before respective authorities as required under their 2011 (Goa Act 3 of 2012) so as to enable the respective service rules, who will act on the same in public functionaries to file the assets and accordance with those rules. liabilities statements by 5th November of the financial year. (2) If no such statement is received by the Lokayukta from any such public functionary within This Bill seeks to achieve the above object. the time specified in sub-section (1), the Lokayukta shall make a report to that effect to the competent authority and send a copy of the report to the public FINANCIAL MEMORANDUM functionary concerned. If within two months of such report the public functionary concerned does not No financial implications are involved in this submit the statement of his assets and liabilities as Bill. above mentioned, the Lokayukta shall publish or cause to be published the names of such public MEMORANDUM REGARDING DELEGATED functionaries in two newspapers having wide LEGISLATION circulation in the State with a report to the Governor who may then place the matter before the No delegated legislation is involved in this Legislative Assembly of Goa. Bill.

Porvorim-Goa. (MANOHAR PARRIKAR) Porvorim-Goa. (MANOHAR PARRIKAR) Dated: 24-7-2018. Hon. Chief Minister/ Dated: 24-7-2018. Hon. Chief Minister/ /Minister for Vigilance. /Minister for Vigilance.

Assembly Hall, (N. B. SUBHEDAR) Assembly Hall. (N. B. SUBHEDAR) Porvorim-Goa. Secretary to the Legislative Porvorim-Goa. Secretary to the Legislative Dated: 24-7-2018. Assembly of Goa. Dated: 24-7-2018. Assembly of Goa.

———— ANNEXURE ...... LA/Legn/2018/1063 Extract of section 21 of the Goa Lokayukta Act, 2011 (Goa Act 3 of 2012) ...... The following bill which was introduced in 21. Public functionary to submit property the Legislative Assembly of the State of Goa statements.— (1) Every Public functionary falling on 27th July, 2018 is hereby published for within the purview of the Lokayukta for the purpose general information in pursuance of of investigation under this Act, other than the officer Rule-138 of the Rules of Procedure and referred to in clause (o) and sub-clause (ix) of clause Conduct of Business of the Goa Legislative (q) of section 2, shall, within six months from the Assembly.

1019 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 The Goa State Commission for Backward MEMORANDUM REGARDING DELEGATED Classes (Amendment) Bill, 2018 LEGISLATION No delegated legislation is involved in this (Bill No. 12 of 2018) Bill. A Assembly Hall, (MANOHAR PARRIKAR) BILL Porvorim-Goa. C.M./Minister for Social Welfare. further to amend the Goa State Commission 23rd July, 2018. for Backward Classes Act, 1993 (Goa Act No. 13 of 1993). Assembly Hall, (NILKANTH SUBHEDAR) Porvorim-Goa. Secretary to the Be it enacted by the Legislative Assembly 23rd July, 2018. Legislative Assembly of Goa. of Goa in the Sixty-Ninth Year of the Republic of India, as follows:— ANNEXURE 1. Short title and commencement.— (1) This ...... Extract of section 3 of the Goa State Commission Act may be called the Goa State Commission for Backward Classes Act, 1993 (Goa Act No. 13 for Backward Classes (Amendment) Act, 2018. of 1993) (2) It shall come into force at once...... 2. Amendment of section 3.— In section 3 Section 3:— Constitution of the State Commission of the Goa State Commission for Backward for Backward Classes— Classes Act, 1993 (Goa Act No.13 of 1993), in (1) The State Government shall constitute a body sub-section (2), in clause (d), for the word to be known as the State Commission for Backward “Secretary”, the word “Joint Secretary” shall Classes to exercise the powers conferred on, and to be substituted. perform the functions assigned to it under this act.

STATEMENT OF OBJECTS AND REASONS (2) The Commission shall consist of the following Members nominated by the State Government:– The Secretary to the Government is a post of All India Service Officers governed by the (a) a Chairperson, who is or has been a Judge cadre rules and at times due to limited number of a High Court or District Judge or a person who of IAS Officers it is difficult for an IAS Officer is qualified to be appointed as a Judge of a High to manage the post of the Member Secretary Court or as a District Judge; of the State Commission for Backward (b) a social scientist; Classes. (c) three persons, who have special knowledge The Bill therefore seeks to amend section in matters relating to backward classes; and 3 of the Goa State Commission for Backward Classes Act, 1993 (Goa Act No. 13 of 1993) so (d) a Member-Secretary, who is or has been an as to enable the Government to nominate its Officer of the State Government in the rank of a Officer in the rank of a Joint Secretary or above Secretary or above, to the Government. as the Member Secretary of the said ———— Commission. LA/LEGN/2018/1080

This Bill seeks to achieve the above The following bill which was introduced in object. the Legislative Assembly of the State of Goa on 31st July, 2018 is hereby published for FINANCIAL MEMORANDUM general information in pursuance of Rule-138 of the Rules of Procedure and No financial implications are involved in this Conduct of Business of the Goa Legislative Bill. Assembly.

1020 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 The Goa Land Revenue Code STATEMENT OF OBJECTS AND REASONS (Amendment) Bill, 2018 The Bill seeks to amend section 33 of the (Bill No. 14 of 2018) Goa Land Revenue Code, 1968 (Act No. 9 of A 1969) (hereinafter referred to as the “said Act”) so as to empower the Collector to take BILL immediate action against illegal land filling in further to amend the Goa Land Revenue Code, any low lying area, khazan land, land under 1968 (Act No. 9 of 1969). Coastal Regulation Zone, water body or environmentally/ecologically sensitive area. Be it enacted by the Legislative Assembly of Goa in the Sixty-ninth Year of the Republic The Bill further seeks to amend section 61 of India, as follows:— of the said Act so as to enable the mundkar to get the land purchased by him partitioned, 1. Short title and commencement.— (1) This irrespective of the limits of such area. Act may be called the Goa Land Revenue Code (Amendment) Act, 2018. This Bill seeks to achieve the above objects. (2) It shall come into force at once. FINANCIAL MEMORANDUM 2. Amendment of section 33.— In section 33 of the Goa Land Revenue Code, 1968 (Act No. Clause 2 of the Bill empowers the Collector 9 of 1969) (hereinafter referred to as the to take immediate remedial action for “principal Act”), after sub-section (2), the restoration of the site concerned, for which following sub-section shall be inserted, initially some expenditure will need to be namely:— borne, which thereafter will be recovered under due process of law. The financial “(3) Notwithstanding anything contained implications on this count cannot be quantified in this section, the Collector upon receipt of at this stage. report from the Town and Country Planning Department/Environment Department/Goa Coastal Zone Management Authority that MEMORANDUM REGARDING DELEGATED any person has done land filling in any LEGISLATION low lying area, khazan land, land under No delegated legislation is envisaged in this Coastal Regulation Zone, water body or Bill. environmentally/ecologically sensitive area, shall, without issuing any notice to the Assembly Hall, (ROHAN A. KHAUNTE) owner of land or such person, immediately Porvorim, Goa. Minister for Revenue. restore the same to its original position and 30th July, 2018. any cost incurred in so doing shall be recoverable from such person as if it were arrears of land revenue.”. Assembly Hall, (NILKANTH SUBHEDAR) Porvorim, Goa. Secretary to the Legislative 3. Amendment of section 61.— In section 61 30th July, 2018. Assembly of Goa. of the principal Act, after sub-section (4), the following proviso shall be inserted, namely:— ANNEXURE ...... “Provided that such limits as may be Extract of Section 33 and 61 of the Goa Land prescribed shall not be applicable for Revenue Code, 1968 (Act No. 9 of 1969) partition of the land purchased by a ...... mundkar under the Goa, Daman and Diu 33. Penalty for so using land without permission.— Mundkars (Protection from Eviction) Act, (1) if any land held or assessed for one purpose is 1975 (Act No.1 of 1976).”. used for another purpose without obtaining

1021 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 permission of the Collector under section 32 or 32-A (2) If in any holding there is more than one or before the expiry of the period after which the co-holder, any such co-holder may apply to change of user is deemed to have been granted under the Collector for a partition of his share in the that section, or in contravention of any of the terms holding: and conditions subject to which such permission is granted, the holder thereof or other person claiming Provided that, where any question as to title is through or under him, as the case may be, shall be raised, no such partition shall be made until such liable to the one or more of the following penalties, question has been decided by a civil suit. that is to say,— (3) Subject to the provisions of sub-section (4), the Collector may, after hearing the co-holders, i ( ) to pay non-agricultural assessment on the divide the holding and apportion the assessment land with reference to the altered use; of the holding in accordance with the rules made (ii) to pay such fine not exceeding the market by the Government under this Code. value of the land as the Collector may, subject Provided that nothing in this sub-section shall to rules made by the Government in this apply to any land acquired by the Government behalf, direct; under any law for the time being in force, dealing with acquisites of land by the Government and iii ( ) to restore the land to its original use or to the Director of Settlement and Land Records shall observe the conditions on which the carry out partition within six months of the receipt permission is granted within such of mutated land index form from the concern reasonable period as the Collector may by Mamlatdar and effect necessary changes in the notice in writing direct; and such notice may land record on the basis of records relating to require such person to remove any structure, possession obtained under such law. to fill up any excavation or to take such other steps as may be required in order that the (4) The application under sub-section (2) shall land may be used for its original purpose or be rejected if the partition applied for results in that the conditions may be satisfied. creating a holding, the area or land revenue of which will be below such limits as may be (1A) Where the land has been used for dumping prescribed. mining rejects or like material without permission, the Government may impose such fine as may be (5) Expenses properly incurred in making prescribed. partition of a holding shall be recoverable as a revenue demand in such proportion as the (2) If any person fails within the period specified Collector may think fit from the co-holders at in the notice aforesaid to take steps required by whose request the partition is made, or from the the Collector, the Collector may also impose on persons interested in the partition. such person a penalty not exceeding three ———— hundred rupees for such contravention, and a LA/LEGN/2018/1081 further penalty not exceeding thirty rupees for each day during which the contravention The following bill which was introduced in continues. The Collector may himself take those the Legislative Assembly of the State of Goa steps or cause them to be taken; and any cost on 31st July, 2018 is hereby published for incurred in so doing shall be recoverable from general information in pursuance of Rule-138 such person as if it were an arrear of land revenue. of the Rules of Procedure and Conduct of Explanation:— Using land for the purpose of Business of the Goa Legislative Assembly. agriculture where it is assessed with reference to ———— any other purpose shall not be deemed to be change of user. The Goa Regularisation of Unauthorized Construction (Amendment) Bill, 2018 61. Partition.— (1) Subject to the provisions of any law for the time being in force for the prevention of (Bill No. 15 of 2018) fragmentation and consolidation of holdings, a holding may be partitioned on the decree of a civil A court or on application of 44[holder] in the manner hereinafter prescribed. BILL

1022 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 further to amend the Goa Regularisation of No. 1 of 2018) promulgated by the Governor Unauthorized Construction Act, 2016 (Goa of Goa on the 15th day of June, 2018. Act 20 of 2016). This Bill seeks to achieve the above object. Be it enacted by the Legislative Assembly of Goa in the Sixty-ninth Year of the Republic FINANCIAL MEMORANDUM of India, as follows:— No financial implications are involved in this Bill. 1. Short title and commencement.— (1) This Act may be called the Goa Regularisation of MEMORANDUM REGARDING DELEGATED Unauthorized Construction (Amendment) LEGISLATION Act, 2018. Clause 1(2) of the Bill empowers the (2) It shall come into force on such date as Government to issue notification to appoint the Government may, by notification in the date for bringing the Act into force. Official Gazette, appoint.

2. Amendment of section 3.— In section 3 Assembly Hall, (ROHAN A. KHAUNTE) of the Goa Regularisation of Unauthorized Porvorim, Goa. Minister for Revenue. Construction Act, 2016 (Goa Act 20 of 2016) 30th July, 2018. (hereinafter referred to as the “principal Act”), in sub-section (1), the following proviso shall be inserted, namely:— Assembly Hall, (NILKANTH SUBHEDAR) Porvorim, Goa. Secretary to the Legislative “Provided that the person who could not 30th July, 2018. Assembly of Goa. make application within above period may make such application within a period of ANNEXURE thirty days from the date of coming into force of the Goa Regularisation of ...... Unauthorized Construction (Amendment) Extract of sub-section (1) of Section 3 of the Goa Act, 2018.”. Regularisation of Unauthorized Construction Act, 2016 (Goa Act 20 of 2016)...... 3. Repeal and Saving.— (1) The Goa Regularisation of Unauthorized Construction 3. Regularisation of unauthorized construction.— (Amendment) Ordinance, 2018 (Ordinance (1) Any person who has carried out unauthorized No. 1 of 2018) is hereby repealed. construction in the property specified herein below before the 28th day of February, 2014, may make an (2) Notwithstanding such repeal, anything application in Form I hereto together with done or any action taken under the principal application fee in the form of Court fee stamp of Act as amended by the said Ordinance shall rupees five, documents specified in Schedule I hereto, sketch of the structure proposed to be be deemed to have been done or taken under regularised alongwith dimensions to the officer as the principal Act at that relevant time. may be authorised by the Government by Notification in the Official Gazette, not below the STATEMENT OF OBJECTS AND REASONS rank of Junior Scale Officer of Goa Civil Service, for The Bill seeks to enhance the time limit for regularisation of such unauthorised construction, filing of the applications for regularization of within a period of 180 days from the date of coming unauthorized construction. into force of this Act:

The Bill also seeks to repeal the Goa (a) any residential, commercial or residential Regularisation of Unauthorized Construction cum commercial unauthorised construction in (Amendment) Ordinance, 2018 (Ordinance applicants own property or by the applicant who

1023 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 is co-owner, with written consent of all other Mopa Greenfield International Airport and for co-owners thereto, in a property jointly held by that matter to provide for speedy issuance of the applicant with such co-owners. various licenses, clearances and Certificates (b) any unauthorized construction of a required for setting up of the Mopa Greenfield dwelling house by the applicant who is declared/ International Airport, infrastructural facilities, /registered as mundkar under the provisions of developmental work and upgradation of the Goa, Daman and Diu Mundkars (Protection existing infrastructural facilities connected from Eviction) Act, 1975 (Act No. 1 of 1976) or a with or relating to Mopa Greenfield farm house constructed by the applicant who is tenant or owner of an agricultural land. International Airport project and for purposes connected therewith and incidental thereto. (c) any unauthorized construction by the applicant in undivided property jointly held by a Be it enacted by the Legislative Assembly unit of family or families, with written consent of of Goa in the Sixty-ninth Year of the Republic all other members of the family/families. of India, as follows:—

(d) any unauthorized construction carried out 1. Short title, commencement and appli- by an institution or a person other than an cation.— (1) This Act may be called the Goa individual in its property. (Mopa Airport Development Authority) Act, 2018. (e) any unauthorized construction carried out by the applicant, in a property wholly owned by (2) It shall come into force at once. another person with the consent of such person. (3) It applies to the Mopa Airport Area ———— specified in the Schedule hereto and to such LA/LEGN/2018/1082 other areas, with effect from such date, as the The following bill which was introduced in Government may, by notification in the Official the Legislative Assembly of the State of Goa Gazette, specify. on 31st July, 2018 is hereby published for general information in pursuance of Rule-138 2. Definitions.— In this Act, unless the of the Rules of Procedure and Conduct of context otherwise requires,— Business of the Goa Legislative Assembly. ———— (a) “Authority” means the Mopa Airport The Goa (Mopa Airport Development Development Authority constituted under Authority) Bill, 2018 section 3 of this Act;

(Bill No. 16 of 2018) (b) “Chairperson” means the Chairperson A of the Authority;

BILL (c) “Clearances” means no objection certificates, consents, approvals, In order to provide better commutation permissions, sanads, registrations, facilities to the residents of Goa, tourists enrollments, licences and the like, required visiting Goa from within India and overseas, under the relevant law in connection and to provide a for a state of the art Airport with setting up of the Mopa Greenfield and other infrastructure facilities and; International Airport, infrastructural In order to secure the welfare of the villagers facilities, developmental work and adjoining Mopa Airport, for their orderly upgradation of existing infrastructural development and in order to give benefits of facilities connected with or relating to Mopa Airport to these villagers, and for Mopa Greenfield International Airport securing the orderly establishment of the project;

1024 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 (c) “Competent Authority” means any (i) Secretary (Civil Aviation)… member. Department or agency of the Government, (ii) Secretary (Revenue) … member. authorized Agency, statutory authority or (iii) Secretary (Town and body, village panchayat, municipality Country Planning)… member. or municipal corporation or other local (iv) Secretary (Urban body or any other authority or committee Development)… member. which is entrusted with the powers (v) Secretary (Panchayats)… member. and responsibilities to grant or issue (vi) Chief Town Planner clearances; (Planning)… member. (vii) Principal Chief Conservator (d) “Government” means the Government of Forests… member. of Goa; (viii)Director of Health Services… member. (ix) Member Secretary of Goa (e) “Mopa Airport Area” means the Mopa Pollution Control Board… member. Airport Area as specified in the Schedule (x) Director of Fire and hereto; Emergency Services… member. (xi) Director of Civil Aviation… member (f) “Mopa International Airport Planning secretary. Area” means the area declared as the Mopa International Airport Planning Area under 5. Authentication.— All orders and sub-sections (1) and (2) of section 18 of the decisions of the Authority shall be Goa, Daman and Diu Town and Country authenticated by signatures of the Member Planning Act, 1975 (Act 21 of 1975); Secretary of the Authority.

(g) “notification” means a notification 6. Powers and functions of the Authority.— published in the Official Gazette of the The Authority shall exercise the following Government of Goa; powers and perform the following functions, namely:— (h) “prescribed” means prescribed by rules made under this Act; (i) to meet at such times and places as the Chairperson may decide and shall (i) “relevant law” means the State law transact the business as per the procedure and the rules, regulations, notifications and as he deems fit; orders framed/issued thereunder; (ii) to receive proposals for clearance and give acknowledgement thereof; (j) “Schedule” means a Schedule appended to this Act. (iii) to advice the Government from time to time;

3. Constitution of Authority.— The (iv) exercise the powers of the Planning Government may, by notification in the Official and Development Authority under the Goa, Gazette, constitute an Authority, to be known Daman and Diu Town and Country Planning as the Mopa Airport Development Authority, Act, 1975 (Act 21 of 1975), a municipality to exercise the powers conferred on, and to under the Goa Municipality Act, 1968 or the perform the functions assigned to it, by or Village Panchayat under the Goa Panchayat under this Act. Raj Act, 1994 as the case may be in respect of the Mopa International Airport Planning 4. Composition of Authority.— The Area; Authority shall consist of a Chairperson to be appointed by the Government and the (v) exercise all the powers, which are following members, namely:— otherwise vested in the Competent

1025 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 Authority under the relevant law or rules, employees of the Authority shall be deemed regulation, bye laws, notifications issued to be public servants within the meaning of thereunder so as to give clearances for section 21 of the Indian Penal Code (45 of development of the Mopa Greenfield 1860). International Airport. 10. Act to override other laws.— The (vi) the Authority shall exercise such provisions of this Act shall have effect other powers and functions as may be notwithstanding anything inconsistent prescribed. therewith contained in any other State law, rules, regulations of any authorities in force, 7. Miscellaneous provisions.— (1) Notwith- orders, decrees, notifications, statutes, bye- standing anything contained in the Goa, laws for the time being in force or any custom Daman and Diu Town and Country Planning or usage or any instrument having effect by Act, 1975 (Act 21 of 1975), for the Mopa virtue of any such law. International Airport Planning Area, the Authority shall be deemed to be a Planning 11. Appeals.— Any person aggrieved by a and Development Authority under the said decision of the Authority under this Act, may, Act. within a period of thirty days from the date of such decision, prefer an appeal to the High (2) This Authority shall also be a deemed Court. Panchayat having all powers under the Goa Panchayat Raj Act, 1994 and a deemed 12. Civil court not to have jurisdiction.— No Municipality under the Goa Municipality Act, civil court shall have jurisdiction to entertain 1968 with all powers thereof. any suit or proceeding in respect of any matter which the High Court is empowered by or (3) Notwithstanding anything contained in under this Act to determine and no injunction any relevant law for the time being in force, shall be granted by any court or other authority once a proposal is cleared, and a clearance or in respect of any action taken or to be taken in permission is granted by the Authority under pursuance of any power conferred by or under this Act, then no other clearance shall be this Act. required from any Competent Authority or any other authority under the provisions of any 13. Protection of action taken in good such relevant law. faith.— No suit, prosecution or other legal proceedings shall lie against any person for 8. Staff of Authority.— (1) The Government anything which is in good faith done or shall provide the Authority with such officers intended to be done under this Act or any rule and employees as it may deem fit. made hereunder.

(2) The officers and employees of the 14. Savings.— The provisions of this Act shall Authority shall discharge their functions not apply to any clearances required under under the general superintendence of the Central enactments. Chairperson. 15. Power to give directions.— The (3) The salaries, allowances and other Government may give direction to any conditions of service of such officers and Government Department or Agency, employees of the Authority shall be such as Authority, local authority or other authority or may be prescribed. any person, under this Act with regard to the setting up of the Mopa Greenfield 9. Members, etc., to be public servants.— International Airport, infrastructural facilities, The Chairperson, Members, officers and developmental work and upgradation of

1026 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 existing infrastructural facilities connected East: By Survey Number 19, 21/10 and 35/5 of with or relating to the Mopa Greenfield Chandel Village; International Airport project and such West: By Survey Numbers 34/1 and 2, 38/3 and 4 of Government Department or Agency, Amberem village. Authority, local authority or other authority or person shall be bound to comply with such directions.

16. Power to make rules.— The Government may, by notification make rules for carrying out all or any of the provisions of this Act.

17. Power to remove doubts and difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette make such provisions, not STATEMENT OF OBJECTS AND REASONS inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: The object is to secure orderly development Provided that no order shall be made under of Mopa Greenfield International Airport with this section after the expiry of two years from state of the art infrastructure facilities to the date of commencement of this Act. provide better commutation facilities to the residents of Goa, tourists visiting Goa from (2) Every order made under this section within India and overseas. It will secure the shall, as soon as may be after it is made be welfare of the villagers adjoining Mopa Airport laid before the State Legislature. for their orderly development and give benefits of Mopa Airport to these villagers. The Mopa SCHEDULE Airport project is spread over village pachayat areas of villages of Mopa, Varconda, All that Mopa Airport Area admeasuring 2136 Cansarvarnem, Chandel, Uguem and acres comprising of parts of the areas of villages of Amberem in Pernem taluka. As per the Mopa, Varconda, Casarvarnem, Chandel, Uguem and Concession Agreement signed between the Amberem, delineated in the plan appended hereto Government of Goa and the GMR Goa and bounded as under:— International Airport Limited (Conce- North: By Survey Numbers 22/8 to 16, 25/1 to 14, ssionaire), the Concessionaire is required to 31/9, 31/15 to 18, 32/1 to 4, 34/25, 34/27, 35/3, 35/15, implement the project in a phased manner and 33/1, 33/2, 33/6 to 12, 33/16, 33/17, 40/6 to 10 of Uguem the first phase has to be completed within 3 Village and Survey Numbers 70, 105/4, 105/6, 105/8 years. Further, development of various other to 11, 106/1, 106/18, 106/36, 106/41 of Mopa Village infrastructure facilities like maintenance, and Maharashtra State: repair and overhaul (MRO), City Side Development, etc., is also required to be done South: By Survey Numbers 36, 37, 38, 45, 46, 47, by the Concessionaire. In order to develop the 50/7, 61, 66, 67/1, 70/1 to 6, 70/9, 70/10, 70/13, 70/16, project in a time bound manner with all 70/17, 85/1 to 5, 87, 88, 89, 90, 91, 92, 93, 94, 102, 104/1, required permissions and obligations as per 104/3, 104/5, 104/6, 104/8, 104/18, 104/39, 108/1, 109/ the Concession Agreement it is felt necessary 1, 112, 114/3, 114/4, 115/3, 115/5, 115/6, 117/1, 118/3, to constitute Mopa Airport Development 118/4, 118/6, 118/7 and 127 of Varconda Village and Authority as single window mechanism fully Survey Numbers 205, 223, 218/1, 220/4, 222/3, 222/4, empowered and equipped with technical and 222/6, 225/1 and 2, 226, 236/1 and 2, 237/3, 238/6, 238/8, 238/10, 238/12, 264/4 and 5, 266/1 and 277 of administrative potential. Casarvornem village; This Bill seeks to achieve the above Objects.

1027 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018

FINANCIAL MEMORANDUM Governor’s Recommendation under Article 207 of the Constitution of India Clause 3 of the Bill provides for constitution of Mopa Airport Development Authority. In pursuance of Article 207 of the Further, the Clause 8 of the Bill provides for Constitution of India, I, Smt. Mridula Sinha, the staff of the Authority. Governor of Goa, hereby recommend to the Legislative Assembly of Goa, the introduction The amount of financial implications and consideration of the the Goa (Mopa towards constitution and functioning of the Airport Development Authority) Bill, 2018. proposed Authority including cost of staffing, office exigencies etc. cannot be quantified at RAJ BHAVAN. MRIDULA SINHA, this stage. Date: 30-7-2018. Governor of Goa. ———ttt——— MEMORANDUM REGARDING DELEGATED Department of Industries LEGISLATION Notification Clause 1 (3) of the Bill empowers the Government to issue notification for extending 1/18/2017-IND/268 provisions of the Act for other areas. SUB.:- CAPITAL SUBSIDY SCHEME, 2017. Clause 3 of the Bill empowers the 1. Short title and commencement.— 1.1 The Government to issue notification to constitute Government of Goa is pleased to frame the “Capital Subsidy Scheme, 2017” to provide an Authority, to be known as the Mopa Airport financial assistance to the enterprises in the Development Authority. State of Goa. This scheme shall be governed Clause 6 (vi) of the Bill empowers the by the Goa State Incentives to Encourage Government to frame rules for other powers Investments Scheme, 2017. This scheme shall come in force with effect from 1st October, 2017 and function to be exercised by the Authority. and shall remain in force upto 30th September, Clause 8 (3) of the Bill empowers the 2022. Government to frame rules for prescribing the 2. Objectives.— 2.1 To support industrial salaries, allowances and other conditions development in the State of Goa. of service of officers and employees of the 2.2 To facilitate up-gradation of existing Authority. industries. Clause 16 of the Bill empowers the 2.3 To make the business financially viable Government to make rules for carrying out all and attractive to small industries. or any of the provisions of the Act. 3. Eligibility.— 3.1 All micro and small scale manufacturing units falling under white, Clause 17 of the Bill empowers the green and orange category shall be eligible. Government to issue order for removing any difficulty which arises in giving effect to the 3.2 All manufacturing units which have provision of the Act. commenced commercial production after 1-10-2017 shall be eligible. These delegations are of normal character. 3.3 All units which carry out substantial expansion after 1-10-2017 as defined in the umbrella scheme shall be eligible. Porvorim-Goa. (Shri MANOHAR PARRIKAR) 30th July, 2018. Chief Minister/ 3.4 The units which have availed of Chief Minister Rojgar Yojana (CMRY) Scheme or any /Minister of Civil Aviation. scheme of /Government of Goa wherein capital subsidy is granted shall Assembly Hall, (Shri NILKANT SUBHEDAR) not be eligible for benefits under this scheme. Porvorim-Goa. Secretary to the 3.5 The units which are taking or have 30th July, 2018. Legislative Assembly of Goa. taken any benefit under the Information

1028 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 Technology Investment Policy of the 5.3 The eligible units shall apply for capital Department of Information Technology, subsidy within one year of the date of Government of Goa shall not be eligible for commencement of commercial production. benefits under this scheme. 5.4. Release of 1st installment: The first 3.6 This scheme shall not be applicable installment of subsidy i.e. 50% of the total to cases which have claimed similar sanctioned amount shall be released to the benefit under any other scheme/program of applicant after the recommendation of the Government of Goa. Task Force Committee. 4. Nature of Benefit.— 4.1 A capital subsidy 5.5 Release of 2nd installment: After of 30% of the cost of capital subject to a ceiling completion of two years from the date of of Rs. 10 lakh for micro units, provided the commencement of commercial production, subsidy on building/office is restricted to the eligible functioning units shall apply in the Rs. 5 lakh; shall be granted under this scheme. specified proforma to the Directorate of 4.2 A capital subsidy of 30% of the cost of Industries, Trade & Commerce along with capital subject to a ceiling of Rs. 20 lakh for documents as specified. small units provided the subsidy on building/ 6. Procedure to file Claims.— 6.1 The eligible /office is restricted to Rs. 10 lakh shall be units shall apply in the specified proforma to granted under this scheme. the Directorate of Industries, Trade and 4.3 For the purpose of this scheme, the cost Commerce (DITC) along with the following of capital shall include the cost of:– documents: (i) A self-attested copy of registration (i) All plant and machinery installed in under Umbrella Scheme; the unit; (ii) A self-declaration in the format provided; (ii) Information and Communication (iii) Relevant Invoices and Receipts to Technology (ICT) equipment required to support the claim amount; operate the machinery; (iv) A certificate from a Chartered Accountant certifying the investment as per (iii) Office and Factory premises. requirement of the scheme. 4.4 However, the cost of land, pre- (v) A certificate from a Chartered operative expenses, office equipment, ICT Accountant certifying that the unit has not equipment for office use, all types of furniture availed any incentive from Department of and ERP software shall not be included while Information Technology, Government of Goa. calculating the cost of capital. (vi) A Chartered Accountant certificate certifying that no other claim for similar 4.5 For units which have commenced benefit has been made under any other commercial production after 1-10-2017, the scheme/program of Government of Goa. eligible purchases made before 1-10-2017 will be considered for calculation of cost of capital 6.2 For Second Installment: subject to Chartered Accountant certification An application with: that such purchases have been utilized for the (i) Audited balance sheets of above referred project under claim. two years; 4.6 The benefits under this scheme are (ii) Income tax returns of above referred two subjected to budgetary allocation. No years; Promisory Estoppel shall be applicable if (iii) GST Returns of two years/ROC returns benefits are discontinued in case allocation is (if applicable). exceeded. This has been issued with the concurrence of the Finance (Expenditure) Department vide 5. Procedure for Filing Claims.— 5.1 The benefits sanctioned under this scheme shall U.O. No. 1400044922 dated 21-06-2018. be disbursed in two equal installments. By order and in the name of the Governor 5.2 The units shall be required to make of Goa. separate applications for release of each A. S. Mahatme, Under Secretary (Industries). eligible installment. Porvorim, 27th July, 2018.

1029 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 Department of Personnel therewith shall be as specified in columns (5) —— to (13) of the said Schedule. Notification 4. Disqualification.— No person who has entered into or contracted a marriage with a 1/15/85-PER person having a spouse living or who, having a spouse living, has entered into or contracted In exercise of the powers conferred by the a marriage with any person, shall be eligible proviso to Article 309 of the Constitution of for appointment to the service: India and in supersession of the Government Notification No. 1/6/79-PER dated 10-2-1992, Provided that the Government may, if published in the Official Gazette, Series I No. satisfied that such marriage is permissible 48 dated 27-2-1992, the Governor of Goa under the personal law applicable to such hereby makes the following rules to regulate person and the other party to the marriage the recruitment to Group ‘A’, Gazetted post in and that there are other grounds for so doing, the Directorate of Tourism, Government of Goa, exempt any person from the operation of this namely:— rule. 1. Short title, application and commence- 5. Power to relax.— Where, the Government ment.— (1) These rules may be called is of the opinion that it is necessary or the Government of Goa, Directorate expedient so to do, it may, by order, for of Tourism, Group ‘A’, Gazetted post, reasons to be recorded in writing and in Recruitment Rules, 2018. consultation with the Goa Public Service Commission, relax any of the provisions of (2) They shall apply to the post specified these rules with respect to any class or in column (1) of the Schedule to these category of persons. rules (hereinafter called as the “said Schedule”). 6. Saving.— Nothing in these rules shall affect reservation, relaxation of age limit and (3) They shall come into force from the other concessions required to be provided for date of their publication in the Official Scheduled Castes and other special categories Gazette. of persons in accordance with the orders issued by the Government from time to time 2. Number, classification and level in the pay in that regard. matrix.— The number of posts, classification of the said post and level in the pay matrix These rules are issued in consultation with attached thereto shall be as specified in the Goa Public Service Commission conveyed columns (2) to (4) of the said Schedule: vide their letter No. COM/II/13/48(2)/91/368 Provided that the Government may vary the dated 22-6-2018. number of posts as specified in column (2) of the said Schedule from time to time subject to By order and in the name of the Governor exigencies of work. of Goa.

3. Method of recruitment, age limit and Yetindra M. Maralkar, Additional Secretary other qualifications.— The method of (Personnel). recruitment to the said post, age limit, qualifications and other matters connected Porvorim, 10th July, 2018.

1030 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 is on for for the ing/ Goa sary tion, Com- these while provi- tation Rules. any of Public ing an neces- select- official promo- Service making sions of amend- mission Consul- transfer deputa- ment on relaxing tion and with the appoint- Service is to be making Circum- stances in which the Goa Public recruitment consulted in Commission . . , .C. ’, or .C. (i) of: (ii) ‘A (iii) tive (F If a Chief only). Group D.P sition Service exists, D.P compo- /Head of /Member promotion consisting Secretary/ what is its Chairman/ Goa Public —Member —Member Department Secretary or his nominee Administra- Commission –-Chairman. : ritories. er /transfer is to be made from which /deputation/ /deputation/ promotion/ ourism with /transfer, grades In case of recruit- ransfer on ment by promotion/ Promotion: Assistant Director of T three years of regular service in the grade. T deputation Official holding analogous post under the State/ /Central Government/ /Union T Method of recruitment, deputation. by promotion to be filled by recruitment or and percentage failing which, by transfer on of the vacancies various methods By promotion, or by deputation/ whether by direct /transfer/contract any Period of

wo years.

probation, if T

case of promotees of case

direct recruits will apply in the in apply will recruits direct qualifications prescribed for the for prescribed qualifications

N.A. Whether age & educational & age Whether SCHEDULE N. A. and other required for Educational qualifications direct recruits recruits N. A. Age limit for direct post non- tion. post or Selec- Whether selection -selection 5 6 7 8 9 10 11 12 13 L-10. Matrix the Pay Level in 4 ’, ‘A Goa Group cation Service, General Classifi- Gazetted. to 04 of posts (2018) depen- dent on Number (Subject variation workload). /desig- ourism. Name/ Deputy the post T nation of 1 2 3 Director of

1031 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018

Notification 4. Disqualification.— No person who has entered into or contracted a marriage 1/7/2014-PER with a person having a spouse living or who, having a spouse living, has entered into In exercise of the powers conferred by the or contracted a marriage with any person, proviso to Article 309 of the Constitution of shall be eligible for appointment to the India and in supersession of the Government Notification No. 1/9/2005-PER dated 22-4-2010, service: published in the Official Gazette, Series I No. 7 dated 13-5-2010, the Governor of Goa hereby Provided that the Government may, if makes the following rules to regulate the satisfied that such marriage is permissible recruitment to Group ‘B’, Gazetted, Non- under the personal law applicable to such -Ministerial post in the Institute of Psychiatry person and the other party to the marriage and Human Behaviour, Government of Goa, and that there are other grounds for so doing, namely:— exempt any person from the operation of this rule. 1. Short title, application and commence- ment.— (1) These rules may be called 5. Power to relax.— Where, the Government the Government of Goa, Institute of Psychiatry is of the opinion that it is necessary or and Human Behaviour, Group ‘B’, Gazetted, expedient so to do, it may, by order, for Non-Ministerial post, Recruitment Rules, 2018. reasons to be recorded in writing and in (2) They shall apply to the post specified consultation with the Goa Public Service in column (1) of the Schedule to these Commission, relax any of the provisions of rules (hereinafter called as the “said these rules with respect to any class or Schedule”). category of persons.

(3) They shall come into force from the 6. Saving.— Nothing in these rules shall date of their publication in the Official affect reservation, relaxation of age limit and Gazette. other concessions required to be provided for Scheduled Castes and other special categories 2. Number, classification and level in the pay of persons in accordance with the orders matrix.— The number of posts, classification issued by the Government from time to time of the said post and level in the pay matrix attached thereto shall be as specified in in that regard. columns (2) to (4) of the said Schedule: These rules are issued in consultation with Provided that the Government may vary the the Goa Public Service Commission conveyed number of posts as specified in column (2) of vide their letter No. COM/I/13/35(3)/2008/357 the said Schedule from time to time subject to dated 19-6-2018. exigencies of work. By order and in the name of the Governor 3. Method of recruitment, age limit and other qualifications.— The method of of Goa. recruitment to the said post, age limit, Yetindra M. Maralkar, Additional Secretary qualifications and other matters connected (Personnel). therewith shall be as specified in columns (5) to (13) of the said Schedule. Porvorim, 11th July, 2018.

1032 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 is the ing/ Goa Com- these provi- direct ment, tation Rules. any of Public confir- neces- mation and for recruit- Service Service is to be sary for making making sions of amend- mission Consul- relaxing Circum- with the stances in which the Goa Public recruitment consulted in Commission . . , .C. .C. or (i) of: (ii) ‘B’, (iii) If a tive (F sition Chief only). exists, D.P Group D.P compo- Service /Head of what is its /Member consisting Secretary/ Chairman/ Goa Public —Member —Member Department Secretary or his nominee Administra- Commission –-Chairman. confirmation N. A. /transfer is to be made from which /deputation/ /deputation/ promotion/ /transfer, grades In case of recruit- ment by promotion/ Method of By direct recruitment, recruitment by promotion to be filled by recruitment or and percentage of the vacancies various methods or by deputation/ whether by direct /transfer/contract any wo years. Period of

T

probation, if

case of promotees of case

direct recruits will apply in the in apply will recruits direct qualifications prescribed for the for prescribed qualifications

N.A. Whether age & educational & age Whether amily amily SCHEDULE echnical/ ecognised e). e. y or in F y or in F elfar elfar , either in Medical : om a r ork (either in Medical and other required for Educational qualifications direct recruits sychiatr sychiatr : In case of non-availa- wo years experience in ork fr (3) Knowledge of Konkani. Note bility of suitable candidates with knowledge of Konkani for the posts in professional colleges, Consultants in Directorate of Health Services and highly T /scientific posts, the Goa Public Service Commission may recommend a candidate if otherwise found fit and this requirement can be relaxed by the Government, on reco- mmendation of the Goa Public Service Commission, if the Government is of the opinion and Child W and Child W (2) T Social W and P Essential (1) Master’s Degree in Social W University and P recruits Age limit for direct for the Not tions ment ment years ing 45 accor- dance exceed- instruc- Govern- Govern- years in to time). with the servants upto five orders or from time issued by (Relaxable post non- post or Whether selection N. A. -selection 5 6 7 8 9 10 11 12 13 L-6. Matrix the Pay Level in 4 ‘B’, rial. Goa Non- Group cation Service, General Classifi- -Ministe- Gazetted to 03 of posts (2018) depen- dent on Number (Subject variation workload). . orker atric sychi- /desig- Name/ Social P the post W nation of 1 2 3

1033 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 18 2ND AUGUST, 2018 , A—138/150—8/2018. tationery GO ANAJI- .in , Printing & S ork. .goaprintingpress.gov PRICE – Rs. 34.00 Government Printing Press, www : VERNMENT PRINTING PRESS, P Mahatma Gandhi Road, Panaji-Goa 403 001. sychiatric Social W (ii) Knowledge of Marathi. that it is necessary or expe- dient so to do. Desirable (i) Master of Philosophy in P Printed and Published by the Director T THE GO PRINTED A 5 6 7 8 9 10 11 12 13 4 1 2 3

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