Chairman's Monologue

REPORTS

LAW COMMISSION, GOA

APRIL 2009 TO MARCH 2012

Presented

Adv. Ramakant D. Khalap Chairman Law Commission, Goa

The Government of Goa

Dated:25/03/2012

LAW COMMISSION, GOA Government of Goa

Adv. Ramakant D. Khalap Chairman

Adv. Cleofato Coutinho Adv. Mario Pinto Almeida Member Member

Secretarial Assistance

Secretary

Shri. Ashok Ulman From 06/04/2009 to 31/12/2009

O.S.D. to Chairman

Shri. Manohar Shetye From 06/04/2009 to 16/12/2011

P.A. to Chairman

Mrs. Sumiksha V. Shetgaonkar From 06/04/2009 to 26 th March 2012

Junior Assistant

Shri. Keshav Mandrekar From 24/04/2009 to 26 th March 2012

No. 9/5/2008-LA/100 Government of Goa Office of the Law Secretary Secretariat, Porvorim, Goa Dated:-20 th January,2009

ORDER

Whereas, there has been a persistent demand for setting up a Law Commission for this State to examine the existing legislations and to suggest suitable measures requiring changes or modifications with a view to coordinating and harmonizing them, and

Whereas, the Government has considered the question of appointing a Law Commission for this State to examine the existing legislations and to suggest suitable measures requiring changes or modifications, with a view to coordinate, harmonize and to simplify them and remove any anomalies, ambiguities and inequities, with specific terms of references hereto annexed.

Now, therefore, the Government is pleased to constitute the Law Commission consisting of the Members, including its Chairman, for the State as per the following composition:-

1) Shri Ramakant D. Khalap Ex Union Minster of State For Law and Advocate, Mapusa………………………Chairman

2) Shri Cleofato Coutinho Advocate, Margao……………………………………..Member

3) Shri Mario Pinto Almeida Advocate, Margao……………………………………..Member

The tenure of the Law Commission will be for a period of one year from the date of taking over charge of the Office in the first instance. The Members of the Commission will be paid a suitable lumpsum, remuneration as may be fixed by the Government from time to time.

By Order and in the name of the Governor of Goa

(V. P. Shetye) Law Secretary

TERMS OF REFERENCE

1) To review/repeal obsolete laws in force;

2) To rectify defects in the existing laws;

3) To identify laws which require changes or amendments and to make suitable modifications or amendments to the existing laws;

4) To consolidate, modify, simplify and reform the existing laws;

5) To study the violations caused by the rules, regulations, etc. to constitutional and legal provisions and principles;

6) To detect unpermitted use of delegated legislative powers;

7) To identify the provisions which are ultra vires the scope of the main Acts;

8) To study the impact of the laws on effective implementation of the Legislative intent behind the Acts as well as on good governance;

9) To generally examine the existing laws in the light of the directive principles of State policy and suggest ways of improvement and reform;

10) To review various laws in the light of the decisions of the Supreme Court and Bombay High Court;

11) Terms and conditions of appointment of Government pleaders in District Courts and subordinate Courts, Government and Additional Government Advocates including District and High Court and Public Prosecutors in High Court.

The Law Commission, Goa

pays

Homage to

Late. Shri Manohar Shetye

O.S.D. to Chairman/Acting Secretary

(06/04/2009 – 16/12/2011)

The Chairman’s Monologue

The Government of Goa under the Chief Ministership of Shri Digambar Kamat thought of setting up a Law Commission for the State of Goa to take stock of existing Laws, and to propose new Laws where ever necessary and to change and amend Acts and Rules in force to suit the changing times. Accordingly, notification dated 20/01/2009 was issued constituting a 3 Member Law Commission under my Chairmanship.

I am particularly indebted to Shri Digambar Kamat and his cabinet colleges for expressing their faith in my capability to undertake as onerous a task as of proposing Law Reforms. I was humbled by the faith and confidence reposed in me by the Government and proceeded to perform my duties to the best of my talent and abilities with the support of my learned colleagues Adv. Cleofato Coutinho and Adv. Mario Almeida, both Lawyers of eminence and erudition who have been my pillars of strength and who are repositories of knowledge both of the Continental and Common Law Systems prevalent in Goa.

Goa was librated from Portuguese yoke on 19 th December 1961. The change from Colonial Rule to Self Rule also brought with it profound changes in the lives of Goans. Immediate concern was to integrate Goa with the rest of the Country without upsetting the prevailing legal system. Constitution Order dated 10th March 1962 was, therefore, issued directing that all laws prevailing as on 19 th December 1961 would remain in force unless specifically repealed by new statutes. This was followed by a spate of extension of laws prevailing in the rest of the Country to the Union Territory of Goa, Daman and Diu. Civil procedure Code, The Criminal Procedure Code and the Evidence Act were extended to Goa Daman and Diu together with Transfer of Property Act, Specific Relief Act, Limitation Act and a series of other Laws. The “Codigo Civil” or the Civil Code which was the hallmark of the Law system of the Portuguese was thus intruded upon, bypassed and amended by corresponding provisions of the laws extended to Goa, Daman and Diu from time to time.

The Government of Goa Daman and Diu had constituted the First Law Commission on 20 th July 1968 under the Chairmanship of Adv. Gopal Apa Kamat. In its only Report to the Government, the First Law Commission recommended that all Portuguese laws except those the immediate repeal of which was not feasible or advisable be repealed and that Central Acts be extended to Goa, Daman and Diu to the extent considered necessary.

This recommendation was accepted and implemented with immediate effect. As the laws that were thus extended to Goa, Daman and Diu did not fully correspond to the provisions of “Codigo Civil”, a truncated “Codigo Civil” is still in force. In particular, its provisions pertaining to Law of Marriage, Divorce and Inheritance etc. continue to hold sway over the lives of the people of Goa, Daman and Diu. Sections of Codigo Civil pertaining to family laws have some salutary features relating to registration of Marriages, monogamy, Divorce, right of inheritance etc which are evenly applicable to people of all faiths. This has created a belief among the Goans and people in the rest of the Country as well that Goa has what is so fondly called “Uniform Civil Code” a dream set out in Article 44 of the Constitution of India and which has remained more of a “dead letter” ever since the enactment of the Constitution of India. That the Family Laws of Goa are uniform in all respects is a misconception which we have tried to expose through our Report No.21 aptly titled as the “Protection of Institution of Marriage Bill 2012”. This Bill and the accompanying Report and Statement of Objects and Reasons highlight how the “Concordata’ ‘i.e. the Treaty signed between the King of Portugal and the Holy See (The Pope) in 1940 permits the Catholics to get married in Church but simultaneously takes away the Jurisdiction of the Civil Courts in matters of separation of spouses, annulment of Marriage and Divorce and further proceeds to make our constitutionally created High Court of Judicature a mere post office performing the onerous task of conveying the decrees of the Canonical Courts to the Civil Registrars for recording the dissolution of marriage in the marriage Register maintained by the Civil Registrar. The law vests no power in the High Court to examine the Decrees of Canonical Courts on the touchstone of Constitutional validity or Public Policy. The very fact that such an anachronism on the legal system of the Country could continue for well over 50 Years after liberation emphasizes the “reson detre” of a validly constituted Law Reforms Commission.

Should Goa or for that matter India have a Civil Code of its own? This is a million dollar question. We toyed with this idea for a considerable time. It is a gigantic work and requires perhaps a specially constituted Law Commission for the sole purpose of draftng a Civil Code for the State of Goa and or the Country as a whole. We leave this issue to the powers that be and hope that one day the dream enshrined in Article 44 of the Constitution of India will be realized. I would however like to draw the attention of the

readers to the work of my good friend Adv. F. E Noronha, an authority on the Portuguese Civil Code who has painstakingly prepared and published “Outline Goa Civil Code”. I will be happy if this opus compiled by Adv. F. E. Noronha is atleast considered and debated by the Legislature.

Being a politician of many years my appointment to this august post was bound to raise hackles and invite criticism and ridicule which were heaped upon me in ample measure. I decided to ignore the hackles but not the criticism which I used as a tool to sharpen my commitment to the cause entrusted to me, to keep my conscience clean while spending every pie entrusted to the Commission and while using the facilities allowed to the Commission.

I am obsessed with Law Reforms. Between 1996 and 1998, I had the good fortune to be the Law Minister of India. I used this opportunity to overhaul thoroughly the Civil Procedure Code and introduce reforms in criminal procedure code, election laws, notaries Act and devising and strengthening the Alternative Dispute Resolution System and implementation of Legal Services Authorities Act. I also had the opportunity to introduce the Women’s Reservation Bill and the Bill on Arbitration and Conciliation. The latter was passed by the Parliament. The Women’s Reservation Bill is still hanging fire. As the Law Minster in the State of Goa I had got prepared a Bill on Inheritance and Invantario Proceedings and Special Notaries Act. This Bill is also awaiting its consideration by the Legislative Assembly of Goa. Chairmanship of Law Commission, Goa afforded me a unique opportunity to suggest Reform Measures in many uncovered areas of law. What follows here after is the culmination of 108 formal meetings and countless brainstorming sessions between myself and my colleagues Ad. Cleofato Coutinho and Adv. Mario Pinto Almeida besides a few lawyers and government servants.

Not many people may know that the Law Commission does not have a secretariat of its own as none was ever created. It has no Secretary, no stenos, no legal assistants, no computers, no telephones in fact no office at all except the Chairman and two Members. For the first nine months we worked on our own with our own computers and with the assistance of Mr. Ashok Ulman, Former Secretary of Goa Legislature, Late Shri Manohar Shetye, former Dy. Director of Accounts, Government of Goa, Mrs. Sumiksha Shetgaonkar and Shri Nilesh Mandrekar, former junior assistants in my office as the Dy. Chairman of the State Planning Board besides a few others who volunteered their services to the Commission on my promise that they would be paid salaries as and when approved and sanctioned by the Government. As the Government would not create a secretariat for the Law Commission, a via media was suggested and approved by the Government. The Chairman of the Law Commission was given the status of a “Cabinet Minister” which enabled me to appoint staff whose term would be co- terminus with my tenure as Chairman of the Law Commission. I appointed just the need based staff much less than the staff admissible to a Cabinet Minister. I refused personal security at my house or at the office or while traveling. The Secretary of the Law Commission resigned w.e.f. 31/12/2009. We did not fill this post. Our O.S.D. Shri Manohar Shetye took on the additional duties as Secretary. He expired on 16/12/2011. Mrs. Sumiksha Shetgaonkar my Personal Assistant, cum-steno-cum record keeper –cum everything performed duties of O.S.D. as well as Secretary to the Law Commission after the demise of Mr. Shetye till the end of our tenure. I used the cars allotted to me to shuttle between Panaji/ Porvorim and my private residence averaging approximately 47 Kms per day. Petrol consumption of my car was about 14 Kms per litre perhaps an all time record for similar Government cars used by dignitaries. To save on cost and expenditure we avoided seminars, conferences and even press conferences depending mostly upon the internet for dialogue with the public. I am constrained to make this observation because of the prevailing tendency to look upon all Government appointments as lucrative rehabilitation packages. On my part I decided to accept the appointment as Chairman of Law Commission as a call of duty and an opportunity to give to the society a part of what I have gained by way of knowledge and experience over the years of my public life through dedication, perseverance, honesty and integrity no matter what my detractors have had or will ever have to say about me.

The first ever people’s Government headed by the legendary leader late Dayanand Bandokar unleashed a spate of legislative measures covering perhaps the entire gamut of Land Reforms. The first wave consisted of Laws relating to Agricultural Tenancy and that institution called Mundkar peculiar to Goa. This was followed by land survey under the Land Revenue Code, the Rent Control Act, the Town and Country Planning Act, The Panchayat and the Municipalities Acts. Taxation laws were enacted to mop up revenue for the Union Territory of Goa, Daman and Diu. All in all every Government that came to power after liberation professed to ameliorate the conditions of the poor toiling masses and usher in a socialist pattern of Society and passed a series of laws impinging on the existing legal system in some way or the other.

Tenants in respect of Agricultural lands who were given security of tenure and rent was limited to 1/6 of the produce, were later vested with ownership rights is respect of land under their cultivation. The Mundkars were similarly given protection from eviction and were given the right to purchase their dwelling houses. Both legislations are open ended legislations in as much as there are no provisions limiting the time within which these categories of people should avail of the rights vested in them under the respective laws. As a result, the “Tenants” continue to be tenants and the Mundkars continue to be Mundkars, terms which in our opinion are vestiges of the old feudal system of serfdom and therefore anachronism on the free sprit of mankind. They denote a kind of slavery between the protected tenant and the owner of the land or the Mundkar and the Bhatkar.The price of land payable by a Tenant to his landowner was fixed at Rs.0.16 to Rs. 0.40 per sq. mts depending upon the type of agricultural land way back in the year 1976. Nobody bothered to implement the law. The landowners were not interested in transferring their lands to the Tenants. Tenants on the other hand were lethargic in taking advantage of the law which had made them owners of the lands under their cultivation. Today the land prices have soared to dizzy heights. A sq. mtr of land even in the remotest corner of Goa today fetches more than Rs. 100/- per sq mtr. The price of land in towns, cities and along sea coasts today fetches any where around Rs. 5000/- to, Rs.10,000 per sq mtr. A lucrative Real Estate business has found ways and means of bypassing the agrarian reform laws. We, therefore, felt that there must be a “Sunset Clause” in all welfare Legislations permitting the beneficiaries a long but not an indefinite period to avail of the welfare Legislation. We suggested that Government must give a sufficiently long time limit to both Tenants and owners to claim their respective rights under the Agrarian Law Reforms. The entire Revenue machinery must be geared to dispose off claims in a Time Bound manner. Tenants and Mundkars must be relegated to the history by making them owners of their lands and dwelling houses. Simultaneously the land owners must be expeditiously compensated for loss of their rights. Our Reports nos. 1 and 2 are to this effect.

The Government has created irrigation facilities through prestigious projects like Salauli, Anjunem and Tillari as well as numerous wells, lakes, ponds and bandharas, etc. Farmers are being lured through innumerable schemes and subsidies to improve the farm output. But to what avail? Lands are being increasingly left fallow so that they could be used as hot real estate some day. The manipulation of successive regional plans of Goa are a clear evidence of this trend. More over no standards for cultivation have been prescribed. There is no penalty for non cultivation of agricultural land, which is the primary resource of the State. Agricultural lands can be freely held and sold to anyone. Speculators therefore, have had opportunity to invest in agricultural land which they later on convert into non-agricultural land by greasing the palms of the powers that be. Land is a scarce resource. Therefore, every State in the Country has imposed restrictions on holding as well as transfer of agricultural land. Only exception perhaps is the State of Goa. Anybody from anywhere, whether an agriculturist or not can buy and hold agricultural land in Goa. Viewed in the context of increasing immigration of people from every part of the world in the tiny state of Goa, there is every possibility that Goans whose numbers are swiftly dwindling will find themselves “landless” in the near future. We therefore felt that our land, rivers and water bodies must be scrupulously preserved and conserved for posterity. Our Report No.18 and the accompanying draft Bill, “Goa Land Conservation and Management Bill” is an attempt in this direction.

The Land Survey, mapping and record of rights under the Land Revenue Code has played havoc with the land titling, survey and mapping of land in Goa. The Portuguese have left behind them valuable records pertaining to Description, Inscription and Land Revenue. They have a co-relation with the survey plans prepared during Portuguese regime. The Land Revenue Code and the operation of survey mapping and preparation of Record of Rights did not take into consideration the existing records. A chaotic situation therefore prevails. The survey maps have no bearing or relationships with title of land. A Certificate of Description and Inscription may or may not correspond to Record of Rights. Moreover so called “Nil Encumbrance Certificate” issued by the authorities carries a Disclaimer Note about the veracity of the statement made in the certificate - indeed a mockery and travesty of the legal system. In our humble way we have attempted, perhaps for the first time anywhere in the Country a report on this issue and the Draft Bill called “Land Titling Bill” wherein we have tried to synchronize the old and the new systems.

While this was a major issue that we dealt with we also took up the Aam Admi’s plight in Revenue Courts where the laws delays are as cronic as in Civil Courts. The lowest Revenue Court is that of a Mamlatdar above who are the Dy. Collectors and Collectors, the Administrative Tribunal being the Court of final destination in the journey of a Revenue litigation. The Revenue Officers are like “holds-alls” dealing with every conceivable administrative matter. They wear multiple hats. They are Executive Magistrates, Electoral officers during Elections to Panchayats, Municipalities, Devasthans, Co-operatives, Assemblies, and Parliament. They are census officers, and every thing else. As a result their quasijudicial powers of adjudication of revenue rights of the people get mangled with their other multifarious activities resulting in inordinate delays in finalizing applications for Declaration of Tenancy and Mundkar rights as well as petitions under a number of other legislations. Records showed huge backlog of cases. We therefore thought it fit to propose separation of Revenue Judiciary from rest of the Revenue work. Report and accompanying Bill on “Establishment of Exclusive Revenue Courts” deals with this issue.

Mutation of Record of Rights is another harrowing tale of inefficiency, nepotism and corruption. Reports on acquisition of rights had to be filed before the village Talathi who would take his own sweet time in processing the applications. Acquisition of rights due to inheritance needs Inventario proceeding in Courts. All this and many more problems have been taken note of through our reports on mutation proceedings with a hope that on implementation the much needed updating of Record of Rights would be completed in record time.

The Government of Goa referred to us the issue of Marathi Akademy, in which all democratic principles have been manipulated by a coterie of office bearers. They have in a strange interpretation of the Constitution of the Marathi Akademy managed to keep out all its members except a group of 60 who are supposed to be elected by the General body which is never constituted. We redrafted the GMA Constitution and have provided specific clauses to define various categories of members of GMA, constitution of its General Body of all its member including the founder members, a representative body called Senate or Aam Sabha, qualification for memberships and for representation in the Aam Sabha etc.

Issue of Land Acquisition for the Mopa Airport and the Sports City at Dhargal came to the fore in the background of agitation by farmers from Haryana and Uttar Pradesh against Land Acquisition for public and private projects. We enquired into the matter and found to our horror that the Government was offering Rs. 5/- which was later increased to Rs. 35/- per sq. metre as against prevailing prices which were at least 10 times more. We addressed the issue of land acquisition and have proposed a definite policy framework for acquisition based on the Land Acquisition Policy of Haryana- one of the States awarding fair and equitable compensation to the victims of land acquisition.

“Compte de Mayem” is a long festering wound. The Portuguese had granted the village to one of their noblemen decorated as “Compte de Meyem”.

After Liberation the discendents of the Compte reportedly migrated to Portugal and their entire property was put in the hands of Custodian of Evacuee Property under a law called Custodian of Evacuee Property Act. While rest of Goa reaped the benefits of agrarian reform laws and tenants became owners of their lands, the villagers of Mayem remained deprived of the benefits under Tenancy and Mundkar laws. We took a suo moto note of this issue which was later entrusted to us to recommend a solution. Our Report No.16 recommends abolition of the Title of Compte and vesting of the properties of the Compte de Mayem in the government and its equitable distribution among Tenants and Mundkars.

We also drafted a comprehensive Lok Ayukta Bill which empowers the Lok Ayukta to investigate and prosecute the guilty in a Special Court. Special investigating and prosecution agencies as well as Special Court have been proposed under our Bill.

Plight of the dead also disturbed us considerably. The caste and faction ridden religious faiths have no concern for the dead of another faith, or caste. Crematoria and burial places which are privately managed are not meant for general public. We came across certain incidents which disturbed our conscience. In the absence of public crematoria the dead body of an elderly lady from Morjim was paraded right up to the Chief Minister’s house as there was no place where she could be cremated. In another incident a carpenter’s body was moved from village to village and no village desired to give him a final resting place because he owned no piece of land where he could be cremated. The Catholic faith which is the predominant Christian faith in Goa have their own exclusive cemeteries. No person other than a Catholic, even though he/she may be a Christian can ever get a decent burial in a Catholic cemetery. We were approached by a number of Christian sects requesting us to find a solution to their woes. Our proposal for a Public Crematoria and burial places Bill addresses this question.

Our Report on regulating Ownership Apartments and their construction, sale, and management is an important proposal. Our Bill has been prepared after consulting CREDAI and other organizations of builder/promoters as well as owners of Flats and Apartments.

Atrocities against Women and Children are on the increase. Quite often outstation culprits jump the bail. Witnesses become non traceable. Witness who are themselves visitors to Goa as tourist etc. do not wish to come forward even if they are witness to a crime against a woman or child because of inherent delays in the system . We have proposed creation of District

Children Courts, with all infrastructure and manpower so as to ensure quick disposal of cases.

A large number of Shrines in the form of Crosses, tiny Chapels or gumptis spring up overnight along road sides. Over a period of time, they are elevated to the status of a full fledged place of religious worship. Large congregation of people in and around such shrines create a traffic hazard. The Supreme Court of India has directed proper regulation of such places of worship. We have our own suggestions on the issue which the Government and general public may find useful.

And pray why has the common man been suffering as an insect caught in a cobweb of red tapism, corruption and nepotism. It’s because the malaise of corruption has become deep rooted and endemic. The huge and ever bulging Government bureaucracy has no time for the common man’s woes. There is total absence of accountability what so ever. There is no system of checks and balances. Right to Information Act has to some extent provided a weapon in the hands of the common man to extract information from Government files but there is no provision regulating performance of official duties and action against officials neglecting their duties. At the height of the agitation for a powerful Lok Ayukta and Lokpal, the debate also included demands for a law for time Bound Disposal of official work. “Gomantak” published an article by a former Government servant proposing a law on time bound disposal of public work. We prepared a Report and Bill on Time Bound Disposal of Official Work for consideration of the Government.

In addition to the above, the Government of Goa sent to us a number of files for legal opinion. We have returned them with our inputs as early as possible. Some of the references have resulted in Reports recommending special laws/amendments of existing laws. Reports dealing with Excise laws, Goa Maritime Board etc. arose out of such references.

The entire exercise of dealing with Law Reforms has been a challenging and daunting task. We have accomplished it with enthusiasm and commitment. Discerning citizen and Lawyers may find shortcomings in it. We will be happy if the MLAs of the Goa Assembly, the Goa Government and its functionaries as well as the students, lawyers, judges, journalists and laymen take interest in the issues raised by us and the solutions offered by us and prevail upon the authorities to adopt as many reports as possible subject of course to changes and modification as they may feel necessary and appropriate.

With this, we commend these reports to the Government and the public in general.

Before parting, I must record my deep sense of appreciation once again to the former Chief Minister Mr. Digambar Kamat and his cabinet colleagues, The Chief Secretary, The Law Secretary and The Revenue Secretary and their colleagues, The Collectors of North and South Goa, The Custodian of Evacuee Property and his staff as well as my personal staff who worked relentlessly to make our task easy and bearable.

We will be specially grateful to the new Chief Minister and his Cabinet Colleagues and the MLA’s of the Legislative Assembly if they take up the issues highlightened by us, in the Goa Assembly and come out with far reaching reforms in our system of Laws.

There are many more issues which require attention of lawmakers “Society is never static, values change and unless vibrant vigilant legality keeps pace with life’s twists and turns, degeneration and despair, with a powerful motivation to restore the great guarantees of fundamental Rights to the humbled and the forlorn, we may write off the constitution” said Krishna Iyer former Judge of Supreme Court who has been justifiably referred to as the Bhishmacharya of India’s Jurisprudence. May we all imbibe this message in our minds and hearts.

GOVERNMENT OF GOA

LAW COMMISSION

Introduction of sunset clause to limit and bring finality for the registration and vesting of ownership rights on the Mundkars by amending The Goa, Daman and Diu Mundkars (Protection from Eviction) Act 1975

Report No. 1

July 2009

LAW COMMISSION, GOA

(REPORT No. 1)

Introduction of sunset clause to limit and bring finality for the registration and resting of ownership rights on the Mundkars by amending The Goa, Daman and Diu Mundkars (Protection from Eviction) Act 1975

Forwarded to the Law Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 16 th day of July 2009.

The 2 nd Law Commission was constituted for a period of one year in the first instance by Government Order No. 9/5/2008-LA/100 dated the 20 th January, 2009 issued by the Law Department, Government of Goa.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at Maquinez Palace Annexe, Ground Floor, Old G.M.C Complex, Panaji-Goa 403001.

Secretarial Support 1. Shri Ashok Ulman

2. Shri Manohar Shetye

The text of this Report is available on the internet www.goalawcommission.gov.in

Any enquires relating to this Report should be addressed to the Secretary and sent either by post to the Law Commission, Goa, Maquinez Palace Annexe, Old G.M.C Complex, Panaji-Goa 403001 or email to [email protected]

REPORT

MUNDKARS LEGISLATION

1. Mundkar is a peculiar institution in the State of Goa. The origin of this term is lost in antiquity. In common parlance the word used is mundkar. It is said that the word Mundkar is from the language of the “Kols” and ‘mundaris” who were reportedly the original settlers of Goa. “Mund “refers to the vernacular word “ Mul” which means the root of the tree. It also means the Mund or the head of an individual. If it means root of a tree it may refer to a person whose primary job is to plant a tree and nurture it. The term mundkar refers to a person who works in the property of another, plants trees, raises plantations and protects it. In return, he gets a dwelling house to live and remuneration in kind or cash or both for the work done in the property. The owner of the property in colloquial terms is called a Bhatkar and the word Bhat means the property of the owner. The term Bhatkar and Mundkar therefore establish a relationship between land holder bhatkar and the person staying in his property to raise and protect his plantation and the term mundkarship refers to the relationship between the two. 1.1 The mundkar and bhatkar are interdependent. Therefore, one suffered the other as long as the relationship was mutually beneficial. However, the bhatkar being the boss and the mundkar, sort of a servant, the relationship continued at the pleasure of the Bhatkar. In other words, the mundkar never enjoyed the security of the tenure and could be kicked out of the property at the whim and fancy of the bhatkar. The mundkar was a kind of bonded labourer. 1.2 The Portuguese decided to give protection to the mundkar and thus, a law called “lei do mundcarato –legislative diploma no. 1952” was enacted. This law defined the term mundkar and prescribed his duties and rights. For the first time in history the mundkar could not now be evicted, whimsically by the landlord except in terms of the said “lei do mundcarato”.

1.3 After liberation of Goa , the Goa, Daman and Diu Mundkar (Protection from Eviction) Act 1975 was enacted in place of the old Legislative Diploma. The scope of the word mundkar was widened. Any person living in the property of another with the consent of the original owner of the property and having a fixed habitation now became a mundkar whether or not he rendered any services to the owner of the property. Persons paying rent for the occupation of the house, domestic servants or chowkidars, and industrial and commercial workers staying in the house provided by the owner of the property were excluded from this definition. The Act also

provides that a mundkar could purchase his dwelling house by paying the market value of the house. There is however no compulsion upon the mundkar to purchase his dwelling house. The mundkar can continue to occupy the dwelling house indefinitely without any obligation to the owner of the property. He has a right to repair and reconstruct the house, to take water connection, telephone connection, and e lectricity connection and obtain other facilities. An attempt was made to restrict the price of the dwelling house as existing on 12 th March 1976 whenever a mundkar decided to purchase it. This Amendment Act was challenged as ultra vires in the writ petition Vasudev Deshprabhu v/s State of Goa 2004(2) Goa L.R 134 and was struck down by the High Court. However this judgement was set aside by the Supreme Court. The mundkar therefore has to pay the value of the dwelling house as on the 12 th March 1976 whenever he decides to purchase it from the landlord. The Commission is of the opinion that this perpetuates relationship between bhatkar and mundkar which has its origin in the old feudal system. The Mundkar Act is a social welfare legislation. Since there is no obligation upon mundkar to buy his dwelling house or to render any services to the landholder in return for the favour of having been allowed to reside in the property and the uncertainty of the mundakar ever wishing to purchase the dwelling house some sort of hostility continues to simmer between the parties. A similar situation existed in the Agricultural Tenancy act until an Amendment was enacted to vest ownership rights of the agricultural lands upon the cultivating tenants at a predetermined price. 1.4 The Commission feel that a similar provision may be inserted in the Mundkar Act vesting ownership rights of dwelling house upon the mundkars. Once the mundkar becomes the owner of the dwelling house the relationship between the mundkar and the bhatkar would end once and for ever. More ever, once all the mundkars become the owners of the dwelling houses the mundkar law should exit from the statute book. 1.5 The Commission also feels that once the mundkar becomes the deemed purchaser of the house the bhatkar should be entitled to get the purchase price within a reasonable period. Since purchase price will be a measly amount compared to the present market value of real estate, it should not be difficult for the Mundkar to pay the price in one lumpsum except in a few cases of abject poverty. In any case we propose that the purchase price be paid by the Government if the Mundkar fails to pay it within a period of three months from the determination of purchase price. This amount may either be treated as housing loan by the government to the mundkar and be recovered within such period as may be prescribed under a special scheme to be prepared by the government for the benefit of the mundkar. The arrears of the purchase price can be recovered as arrears of revenue.

1.6 The Commission is of the opinion that the legislation of this nature should have a sunset clause. We feel that the mundkar law itself should go away from the statute book within a specified period. We therefore propose to recommend that all mundkars should be given a time limit to apply for declaration of mundkarship and purchase of dwelling house. This period should be notified to the public at large in every possible way. A special drive could be launched throughout State of Goa to identify mundkars and to assist them to file their applications for declaration as mundkars. The last day of receiving application for Mundkar registration, declaration and purchase of dwelling house may ideally be 19 th December, 2011 which is the Golden Jubilee Day of our liberation from Portuguese rule. 1.7 In these circumstances, the Commission feels constrained to recommend Amendments on the following lines 1) Vesting of ownership right to the dwelling house upon the mundkars as on 12/3/1976 that being the appointed date for the purpose of determining the market value of the dwelling house.

2) A special Mundkar housing scheme be prepared to make funds available to the Mundkar to buy the dwelling house.

3) A special drive be launched for registration, declaration and vesting of ownership rights. The last day for receiving application may be 19 th December 2011, Golden Jubilee Day of liberation of Goa from the Portuguese rule.

1.8 This is in compliance with the terms of reference to the Commission to suggest amendments to the existing legislation in the spirit of reformation to fulfil the need of the time.

RECOMMENDATION

It is therefore suggested that the Goa, Daman and Diu Mundkars (Protection from Eviction) Bill 2009 may be introduced in the forthcoming Assembly Session as proposed. We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

The Goa Mundkars (Protection from eviction) (Amendment) Bill, 2009 (Bill No---- of 2009)

A BILL Further to amend The Goa Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act No1. Of 1976); Be it enacted by the legislative Assembly of the State of Goa in sixtieth year of the republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Goa Mundkars (Protection from Eviction) (Amendment) Act, 2009;

(2) It shall come into force at once.

2. Amendment of title of the Act. - In the title “The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act No.1 of 1976) (hereinafter referred to as the “principal Act”), the figure and the words, “Daman and Diu”, shall be omitted.

3. Amendment of section 1 .- In section 1 of the principal Act,- (i) The figure and the words, “Daman and Diu shall be omitted.” (ii) In subsection (2), for the expression “the whole of the district of Goa of Union Territory of Goa, Daman and Diu,” the expression “the whole of the state of Goa” shall be substituted.

4. Amendment of section 2 .- In section 2 of the principal Act,- (i) After clause (g), for the expression “in the Union Territory of Goa, Daman and Diu” the expression “in the State of Goa” shall be substituted.

(ii) For clause (k), the following clause shall be substituted, namely:- (k) “Government” means the Government of Goa;

(iii) In clause (I), for the expression “ The Goa , Daman and Diu Village Panchayat regulation, 1962, the expression “ the Goa, Panchayat Raj Act, 1994 ( Goa Act No.14 of 1994);”

(iv) After the definition (j) insert the following : (ja) “The Goa Housing Board” means the Housing Board established under the Goa Housing Board Act, 1968 (Act No.12 of 1968);

(v) After the definition (p) insert the following: (pa) “Mundkar Housing Special Scheme” means Scheme devised by the Goa Housing Board for the purpose of the Act;

5. Amendment of section 16 . - In section 16 of the principal Act, in sub-section (8), for the word “collector’, the word “Mamlatdar” shall be substituted.

6. Amendment of section 17 of the Principal Act , in sub-section 1 of section 17 for the word “three” the word “thirty” shall be substituted.

7. - After the Section 17 add the following :- “17A- Mundkars deemed to have purchased the dwelling houses on the commencement of this Amendment Act.- (1) On and from the commencement The Goa Mundkars (Protection from Eviction) (Amendment) Act, 2009, every Mundkar shall, subject to other provisions of this Act, be deemed to have purchased from his landlord the dwelling house occupied by him as a Mundkar and such dwelling shall vest in him free from all encumbrances thereof.

(2) Where a Mundkar, on account of its eviction from the dwelling house by the Bhatkar before the appointed day, is not in possession of his dwelling house on the said day, but has made or makes an application for the possession of his dwelling house under sub-section (3) of section 4 of the Act to the Mamlatdar, within whose jurisdiction, the dwelling house is situated and if the application is allowed by the Mamlatdar or, as the case may be, in appeal or revision by the Administrative Tribunal, he shall be deemed to have purchased the dwelling house on the day of which the final order allowing the application is passed.

(3) Where the Mundkar is unable to pay purchase price as determined by the Mamlatdar under sub-section (3) of section 16 due to financial crises or poverty, as the case may be, he is entitled to approach the Goa Housing Board for financial assistance either by way of securing housing loan or for obtaining the benefit under the Mundkar Housing Special Scheme, as devised by the Housing Board as the case may be.

“17B- Notwithstanding anything contained in The Goa Mundkars (Protection from Eviction) Act, 1975 and the Amendment Act 2009, the Bhatkar may approach the Mamlatdar admitting a person to be his Mundkar, and the Mamlatdar shall, after giving a notice to the Mundkar and upon holding an inquiry as to the area of the dwelling house declare that the person is entitled to the dwelling house nd the area so demarcated and the Mamlatdar shall also determine the price to be paid in terms of section 17A”

8. Amendment of section 21 .- In section 21 of the principal Act,- (i) The sub section (1) of Section 21 shall be substituted by the following sub-section: Subject to the other provisions of this Act in this behalf , the procedure to be followed by the Mamlatdar, the Administrative Tribunal in all inquiries , appeals, applications for review or other proceedings under this Act shall be such as may be prescribed’

(ii) The sub-section (3) of Section 21 shall be substituted by the following sub-section:

(3) All inquiries and proceedings before the Mamlatdar and before the Administrative Tribunal shall be deemed to be judicial proceedings within the meaning of the Sections 193, 219 and 228 of the Indian Penal Code.

9. Amendment of section 22 .- in section 22 of the principal Act,- The sub-section (1) of Section 22 shall be substituted by the following sub-section: Any sum, the payment of which has been directed by an order of the Mamlatdar or the Administrative Tribunal including an order awarding costs, shall be recoverable from the person ordered to pay the same as arrears of land revenue.

The sub-section (3) of Section 22 shall be substituted by the following sub- section: An order or the decision of the Mamlatdar in execution proceedings shall subject to appeal or review if any be final.”

10. Amendment of section 23 . - In section 23 of the principal Act, for the word, “Collector”, the words, “Administrative Tribunal” shall be substituted.

11. Amendment of section 24 .- For section 24 of the principal Act, the following section shall be substituted:-

“24. Appeal. - from every original order, other than an interim order, passed by the Mamlatdar under this Act, an appeal shall lie to the Administrative tribunal and the order of the Administrative Tribunal, shall be final. Explanation: For the purpose of this section, “interim order” shall not include injunction order and such orders shall be subject to an appeal.

12. Insertion of new section .- After section 24 of the principal Act, the section 25 shall be substituted by the following:-

“25 Review - The Administrative tribunal on application of any party may review its own order and in reference thereto, pass such orders as it deems fit.

Provided that no such application shall be entertained unless the Administrative Tribunal is satisfied that there has been discovery of new and important matter or evidence which after the exercise of due diligence was not within his knowledge of the applicant and could not be produced by him at the time when the order was made or on account of some mistake or error apparent on the face of the record or for any other sufficient reason:

Provided that further no such Order shall be made under this sub- section, unless a notice has been given to all interested parties and they have been afforded a reasonable opportunity of being heard: (1) Sub-section (2) shall be omitted.

13. Amendment of section 26 - In section 26 of the principal Act,- (i) For sub-section (1) the following sub-section shall be substituted, namely.- “(1) the Administrative Tribunal in appeal or in review , may, confirm, modify or rescind the order or may pass such order as may be legal and just in accordance with the provision of this Act.”

14. Amendment of section 27 - For section 27 of the principal Act, the following section shall be substituted:- “27.- powers of Civil Court to be exercised in the conduct of inquiries and proceedings under this Act”.- The Mamlatdar or Administrative Tribunal shall exercise in all inquiries, proceedings, appeals, reviews , the powers as are exercised by the concerned trail court, appellate court or provisional court or a Court exercising review jurisdiction, under the Code of Civil Procedure, 1908 (Central Act 5 of 1908)”.

15. Amendment of section 28 .- In section 28 of the principal Act.- (i) In sub-section (1) for the expression “application for revision”, the expression “application for revision or review” shall be substituted. (ii) The figure and words “the Collector” shall be omitted. (iii) For the words “application for revision”, the words “application for revision or review”, shall be substituted.

(iv) In sub-section (2).- (i) For the word “for revision”, the words “revision or review”, shall be substituted. (ii) For the figure and words “the collector, Administrative Tribunal or the Government”, the words “or the Administrative Tribunal” shall be substituted.

16. - Amendment of section 29. - In section 29 of the principal Act,- (i) In sub-section (8), for the word “Collector”, the words “Administrative Tribunal’ shall be substituted. (ii) In sub-section (9), for the word, “Collector” the words “Administrative Tribunal’ shall be substituted.

17.Amendment of Section 31 . - In section 31 of the principal Act, in sub- section (2), the words “Collector” or the “Government” shall be omitted.

18. Amendment of section 32 . - In section 32 of the principal Act, (i) In sub-section (1), for the word “Collector” wherever it occurs, the word “Administrative Tribunal” shall be substituted. (ii) In sub-section (2) for the word “Collector”, the words “Administrative Tribunal” shall be substituted.

19.Amendment of section 33.- In section 33 of the Principal Act,- for the word “Collector” wherever it occurs, the word, “Administrative Tribunal” shall be substituted.

20. Amendment of Section 36 . - In section 36 of the principal Act,- (i) In sub-section (1), the words “or the Collector” shall be omitted. (ii) In sub-section (2), for the expression “the Legislative Assembly of Goa, Daman and Diu”, the expression “the Legislative Assembly of the state of Goa” shall be substituted.

21. Insertion of new section . - After section 39 of the principal Act, the following section shall be inserted, namely: “39A. Act not to apply to pending proceedings.--- the provisions of the Goa Mundkars (Protection from Eviction) (Amendment Act) Act, 2009, shall not apply to the proceedings pending before the collector or Administrative tribunal, as the case may be, on and from the date of commencement of this Amendment Act, 2009.

22. Amendment of section 40 . In section 40 of the principal Act, in sub- section (2), for the expression “Legislative Assembly of Goa, Daman and Diu,” the expression “Legislative Assembly of the State of Goa” shall be substituted.

23.- . Amendment of section 41 . In section 41 of the principal Act, in sub- section (2), for the expression “Legislative Assembly of Goa, Daman and Diu,” the expression “Legislative Assembly of the State of Goa” shall be substituted.

GOVERNMENT OF GOA

LAW COMMISSION

Amendments to The Goa, Daman and Diu Agricultural Tenancy Act, 1964 .

Report No. 2

July 2009

LAW COMMISSION, GOA

(REPORT No. 2)

Amendments to The Goa, Daman and Diu Agricultural Tenancy Act, 1964 .

Forwarded to the Law Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 16 th day of July 2009.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho

Shri Mario Pinto Almeida

The Law Commission is located at Maquinez Palace Annexe, Ground Floor, Old G.M.C Complex, Panaji-Goa 403001.

Secretarial Support 1.Shri Ashok Ulman

2.Shri Manohar Shetye

The text of this Report is available on the internet http:/goalawcommission.gov.in

Any enquiries relating to this Report should be addressed to the Secretary and sent either by post to the Law Commission, Goa, Maquinez Palace Annexe, Old G.M.C Complex, Panaji - Goa 403001 or email to [email protected]

Report

AGRICULTURAL TENANCY ACT

1 The Goa, Daman and Diu Agricultural Tenancy Act 1964 is one of the land reforms legislations enacted by the Union territory of Goa, Daman and Diu in 1964. The Act was intended to secure tenure of agricultural tenants, to limit the rent payable by the tenants to the owners and to provide for common obligation of the cultivating tenants and their joint responsibilities of maintaining protective bunds, sluice gates, ponds and fisheries, water resources, etc. The Act was further amended to vest ownership rights of the tenanted land into the cultivating tenants. This amendment Act was called The Land to the Tillers Act. It fixed price of the land deemed to be purchased by the tenant.

1.1 It is observed that the tenants who have deemed to have purchased the tenanted lands are required to apply for certificate of purchase and to pay the price in lumpsum or in instalments.

1.2 The intention of the legislature in vesting of rights of tenanted land upon the tenants has largely remained unimplemented due to many factors. The revenue records of rights prepared under the Land Revenue Code provide that the entries in the Form No. 1 and 14 are presumed to be true until proved otherwise. This has lead to a conflict between the owners and tenants as the owners normally refuse to accept the entries in the Record of Rights and force the tenant to prove the tenancy under the Agricultural Tenancy Act. Almost four decades have passed since the Agricultural Tenancy act was enacted. Any objection to the tenancy rights if now raised will be difficult to answer. Wherever, the tenants are so declared by the Mamlatdars Court or admitted by the owner the purchase price is payable in lumpsum or in instalments. Invariably the purchase price is not immediately paid and the landowner has to continue to chase the tenant for recovery of purchase price. The Commission feels that a fund be created by the government through budgetary allocations. The purchase price could be in the first instance paid by the government if not paid by the tenant within a specified period and recover the same from the tenants over a fixed period of time under a special scheme prepared by the government.

1.3 An agricultural tenant has certain joint responsibilities. These include repair and maintenance of agricultural bunds, channels, waterways, sluice gates, fishing rights, etc. This is covered under section 26 of the Agricultural Tenancy Act and section 42 provides the procedure for the discharge of the joint responsibilities of the tenant and for constitution and functions of the

Tenants Associations. In view of the vesting of ownership rights in the tenants, the original agricultural tenant has become deemed purchaser. In short, he is now the owner of the land cultivated by him. As such, the provisions of the Tenancy Act are no more applicable to the tenant purchaser. He cannot now become or remain member of the Tenant Association. The Association in turn is unable to enforce the joint responsibilities of the erstwhile tenant upon the new tenant purchaser. In fact, the entire concept of the Tenant Association has become redundant as all tenants have become the owners of their land. The Commission feels that the Tenancy Act be appropriately amended to include tenant purchaser for the purpose of Section 42 A. This can be achieved by amending the explanation to section 42 A by including the words “deemed purchaser and” after the words “shall include”. This amended explanation would read as under.

Sec 42 A...... Explanation- For the purpose of this section the “tenant” shall include deemed purchaser and every person who cultivates the land personally. By now every eligible tenant by virtue of being deemed purchaser should have paid the price of the land and his name should have been deleted from the tenants column and entered in the occupants column in place of the owners name. How long should the tenants wait for the completion of this procedure?

1.4 The Commission strongly recommends that a time bound programme for implementation of the Act in all respects must be chalked out. In another report we are proposing establishment of Revenue Courts on the lines of Civil Courts to exclusively deal with tenancy and other cases. Pending the Constitution of Revenue Courts, the Government may forthwith by administrative order, bifurcate the work of the Mamlatdars into following three categories: a) Judicial work b) Election work c) All other administrative work

One or more Mamlatdars in the Taluka be designated as Mamlatdars (Judicial) directed to exclusively function as such. Similarly one of the Collectors/ Dy. Collectors be designated as Collectors/Dy Collectors (Judicial) with direction to exclusively function as appellate authority under the tenancy and other relevant laws.

2 RECOMMENDATIONS

2.1 It is therefore suggested that the Goa Agricultural Tenancy Bill 2009 incorporating propositions made in the Report may be introduced in the forthcoming Assembly Session.

2.2 We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

GOVERNMENT OF GOA

LAW COMMISSION

Establishment of exclusive Revenue Courts to deal with Tenancy and other cases.

Report No. 3

July 2009

LAW COMMISSION, GOA

(REPORT No. 3)

Establishment of exclusive Revenue Courts to deal with Tenancy and other cases.

Forwarded to the Law Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 16 th day of July 2009.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at Maquinez Palace Annexe, Ground Floor, Old G.M.C Complex, Panaji-Goa 403001.

Secretarial Support 1. Shri Ashok Ulman

2. Shri Manohar Shetye

The text of this Report is available on the internet http:/goalawcommission.gov.in

REPORT

Establishment of exclusive Revenue Courts to deal with Tenancy and other cases

The framers of the Constitution of India adopted the principle of separation of Judiciary from Executive. Accordingly the Constitution provides for independent and impartial Judiciary. Although the country proudly pronounces that they have independent Judiciary, a plethora of laws particularly Land/Reforms and Social Welfare laws effectively bars the jurisdiction of independent Civil Courts, in matters to be adjudicated under such laws. We thus have Courts managed by Mamlatdars, Tehsildars, Dy. Collectors, Collectors, etc. These are administrative Revenue Courts which enjoy exclusive jurisdiction to decide cases under Land Record and Social Reform Act. The Goa, Daman and Diu Agricultural Tenancy Act, The Goa, Daman and Diu Mundkars (Protection from Eviction) Act 1975 are the examples of such laws which bar the jurisdiction of Civil Courts and empowers the Taluka, Mamlatdar, Dy. Collectors, and Collectors, the exclusive jurisdiction to adjudicate the tenancy, mundkar and other matters. The Collector and officers below him like Mamlatdars, Dy. Collectors, have multifarious duties along with duties as of judicial nature. Simultaneously, they are Magistrates with powers under Criminal Procedure Code, their Returning or Assistant Returning Officers whenever elections are held to The Parliament, Assembly, Zilla Panchayats, Village Panchayats and other local bodies. They are principal officers in charge of relief works during disasters. Besides they are also called upon to take census work and to conduct surveys, to attend public grievances, to maintain land records, to prepare list of beneficiaries under State and Centrally sponsored schemes etc. Quite often under the pressure of work the judicial functions of the Mamlatdar and other Revenue officers are sacrificed.

Ever since 1964, when the first Legislative Assembly of Goa, Daman and Diu was constituted a number of local laws have been enacted, many of which provide for adjudication of disputes by Revenue officers. Although almost 50 years have gone by the Liberation of Goa, the Revenue cases awaiting adjudication have remained unresolved for considerable time. Hundreds of tenants and mundkars are yet to get a declaration about their rights under the relevant laws. The cases filed under such cases are piled in these courts and large numbers of tenants and mundkars have not approached these courts for various reasons.

The Commission has taken suo moto reason of the clogging of the courts of the Mamlatdars and Collectors. They have also received complaints from the

members of the public. The Commission is of the view, that the judiciary work of Mamlatdars and Collectors must be separated from other routine work so that they can exclusively function as Courts and complete the judicial work before them expeditiously and without any interference. The Commission is of the opinion that a hierarchy of Revenue Courts can be created by establishing Taluka Revenue Courts with original jurisdiction and District Revenue Courts with appellate and revisional jurisdiction. We are also of the view that these courts should function under overall supervision of Administrative Tribunal. We have therefore attempted to draft a piece of Legislation to be called “The Goa Revenue Courts Bill 2009” in the lines of The Goa Civil Courts Act, 1965.

RECOMMENDATIONS

It is therefore suggested that the Revenue Courts Bill 2009 may be introduced in the forthcoming Assembly Session.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

The Goa Revenue Courts Bill 2009 (Bill No. of 2009)

An Act to provide for the Constitution and organization of District Revenue Courts and Subordinate Revenue Courts in the State of Goa. Be it enacted by the Legislative Assembly of Goa in the sixtieth year of Republic of India as follows: 1) Short title, extent and commencement :- This Bill may be called the Goa Revenue Courts Bill 2009. a) It extends to the whole of the State of Goa. b) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2) Definitions:- a) Administrative Tribunal means the Administrative Tribunal constituted under the Goa Administrative Tribunal Act.

b) Governor means the Governor of Goa, appointed under the Constitution of India.

c) Official Gazette means the Goa Government Gazette.

District Revenue Court

3)District Revenue Court :- There shall be a District Revenue Court for each of the districts of the State of Goa. The District Revenue Court shall be presided over by the Chief Revenue Officer or the Collector or such other Revenue officer of the District to be called the District Revenue Judge and shall be appointed by the Government of Goa by notification in the Official Gazette.

4) Situation of District Revenue Court:- The District Revenue Judge shall ordinarily hold the District Revenue Court at District Headquarters but may hold it elsewhere within the District with the previous sanction of the Administrative Tribunal.

5) Appellate Jurisdiction of District Revenue Court:- The District Revenue Court shall be the Court of Appeal from all decrees and Orders passed by the Subordinate Revenue Courts from

which an appeal lies under any law as may be notified by the Government from time to time.

6) Control and Inspection of Courts:- (i) The District Revenue Court shall have general control over the all Revenue Courts subordinate to the District Revenue court and their establishment and it shall be his duty to inspect, or to cause one of his Additional District Revenue judges to inspect the proceedings of all such Courts. Thereafter the District Revenue Judge or an Additional District Revenue Judge may give such directions with respect to matters not provided for by law as he may think necessary.

(ii) The District Revenue Judge shall also refer to the Administrative Tribunal Court all such matters as appear to him to require that a rule of that Court should be made thereon.

7) Orders and Directions :- i) The District Revenue Judge shall obey all directions, orders or processes issued to him by the Administrative Tribunal and shall make such returns or reports thereto under his signature and the seal of the Court, as the exigencies of the case require.

ii) He shall further furnish such reports and returns and copies of proceedings as may be called by the Administrative Tribunal.

8) Additional District Revenue Judges :- The Government may appoint one or more Additional Judges to the District Revenue Court who shall be invested with co-extensive powers and a concurrent jurisdiction with the District Revenue Judge, except that an Additional District Revenue Judge shall not keep a file of suits or appeals and shall transact such business only as he may receive from the District Revenue Judge, or as may have been referred to him by order of the Administrative Tribunal.

9) Appellate jurisdiction of Additional Revenue Judge :- i) An Additional Revenue Judge shall have jurisdiction to try such appeals from the decrees and orders of the subordinate courts as would lie to the District Revenue Judge and as may be referred by him to the District Revenue Judge or the Administrative Tribunal.

ii) Decrees and orders passed under this section by an Additional Revenue Judge shall have the same force and shall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the District Revenue Judge.

Taluka Revenue Courts

10) Number of Taluka Revenue Cour ts:- There may be as many Taluka Revenue Courts as there are Talukas in each District.

11) Appointment of Taluka Revenue Judge s:- The Judges of such Taluka Revenue Courts shall be appointed by the Government and shall be called Taluka Revenue Judges.

12) Local limits of Taluka Revenue Judges :- The local limits of the jurisdiction of Taluka Revenue Judge shall extend to the entire Taluka in which he is appointed.

13) Situation of Taluka Revenue Court :- i) The Taluka Revenue Judge shall hold his Court at the Taluka Headquarters or at such other place in consultation with the District Revenue Judge.

Provided that for special reasons it shall be lawful for the Government to order that a Revenue Judge shall hold his Court at a place outside the local limits of his jurisdiction.

ii) Where ever more than one such place is appointed, the District Revenue Judge shall, subject to the approval of Administrative Tribunal fix the days on which the Revenue Judge shall hold his Court at each of such places, and the Revenue Judge shall cause such days to be duly notified throughout the local limits of his jurisdiction.

iii) The same person may be the Revenue Judge of more than one Taluka Revenue Court and may dispose of the Revenue business of any of his Courts at the headquarters of any other of his Courts, and in such cases the Revenue Judge shall, subject

to the control of the Administrative Tribunal prescribe rules for regulating the time during which the Revenue Judge shall sit in each Court.

14) Additional Taluka Revenue Judges ; - ii) For the purposes of assisting the Judge of any Taluka Revenue Court in the disposal of the Revenue business on his file, the Government may appoint to such Court one or more additional Taluka Revenue Judges. An additional Taluka Revenue Judge shall dispose of such revenue business within the limits of his jurisdiction as may, subject to the control of the District Revenue Judge, be referred to him by the Revenue Judge of such Court.

iii) For the purpose of this section the provisions of this Act applicable to Revenue Judges shall be, applicable to additional Taluka Revenue Judges.

15) Local limits of jurisdiction :- i) The local limits of the jurisdiction of every Taluka Revenue Judge shall extend to each Taluka within the District.

ii) A senior Revenue Judge in addition to his ordinary jurisdiction, shall have and exercise jurisdiction in respect of such suits and proceedings of a revenue nature as may arise within the local jurisdiction of such Courts presided over by a Junior Revenue Judge as may be specified by the Government in consultation with the Administrative Tribunal by notification in the Official Gazette.

16) Appellate jurisdiction of Revenue Judge :- i) The Government may invest any Senior Revenue Judge with power to hear appeals from such decrees and orders of a Junior Revenue Judge as may be referred to him by the District Revenue Judge.

ii) Decrees and orders so passed in appeal by a Senior Revenue Judge, shall have the same forces as if passed by a District Revenue Judge.

iii) A senior Revenue Judge, on whom the power of hearing appeals has once been conferred under this section shall continue to have this power so long and so often a he may fill the office of Senior Revenue Judge, without reference to the place in which he may be employed.

Provided that the Government may by notification in the Official Gazette at any time withdraw such power.

17 ) Power to make rules : - The Government may, by notification in the Official Gazette, make rules to carry out the purposes of the Act.

18) Power to remove difficulties: - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by Order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

19) Repeal and Savings : - i) As from the commencement of this act any law in force in the State of Goa making provisions for the constitution and organization of Revenue Court or any part of such law will stand repealed.

ii) The Goa, Daman and Diu Mamlatdar Act is hereby repealed.

FINANCIAL MEMORANDUM The Bill envisages the separation of the Judicial cadre amongst the Revenue officers which are presently functioning in the Revenue Administration. Hence, the expenditure required to carry out the purposes of this Act will be nominal.

GOVERNMENT OF GOA

LAW COMMISSION

Public Crematoria and Burial Places- Establishment and management thereof

Report No. 4

July 2009

LAW COMMISSION, GOA

(REPORT No.4)

Public Crematoria and Burial Places- Establishment and management thereof

Forwarded to the Law Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 16 th day of July 2009.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at Maquinez Palace Annexe, Ground Floor, Old G.M.C Complex, Panaji-Goa 403001.

Secretarial Support 1. Shri Ashok Ulman

2. Shri Manohar Shetye

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

Public Crematoria and Burial Places- Establishment and management thereof

Last rites of the deceased person are usually performed with solemn ceremonies. Christians as a rule have burial places in the precincts of the Church. Muslims have their kabrasthan at specified places. Hindus too have smashanbhoomis. Some public smashanbhoomis and kabrasthan are also located in some of the major villages and town of Goa. It is however, observed that some smashanbhoomis are earmarked a per the caste system prevailing in the villages. In the recent past certain unsavoury happenings have underlined need to have public crematoria and public places. There have been incidents even though few in numbers wherein cremation was prevented because of differences over caste considerations or the deceased was a stranger to that village.

Large numbers of non Goans and foreigners visit Goa for various purposes. In the event of death of any such person the authorities find it difficult to cremate or bury such person. In remote such villages of Goa the Hindus residents usually cremate their dead in their own land for which usually a piece of land is earmarked. This leads to existence of multiple crematoria in a village. Some non- Hindus also desire that their dead bodies be cremated. In the absence of public crematoria it becomes difficult to fulfil such wishes. Some Hindus also resort to the practise of burial and find it difficult to find a suitable resting place for the dead. Landless persons in particular face unfold difficulties in finding a suitable place for cremation or burial of their close dead dear ones.

Whenever public crematoria and burial places exist it is also observed that on account of the increase in population the crematoria and burial places are too small or crowded. Large public crematoria and burial places exist in some places in India and abroad. Such places are maintained with great care with all facilities for mourners as well as performance of religious rites according to the religion of the deceased and erecting memorials to the deceased. One of the best public crematoria and burial places in the world is the Ahrlington Cemetery in Washington. There are number of war memorials which are used as public crematoria and burial places in different parts of the world.

In modern times it is necessary to create such facilities in our State. It is therefore proposed to enact a law providing for establishment of public crematoria and burial places at the State level as well as in different towns and villages ad a mechanism for their upkeep and management. The Municipality and the Village Panchayat laws do provide for establishment of public crematoria and burial places. However, it is felt these provisions are insufficient and hence a new Act as per the proposed draft is enclosed for the consideration of the Government.

RECOMMENDATIONS

It is therefore suggested that the Goa Public Crematoria and Burial Places Bill 2009 may be introduced in the forthcoming Assembly Session.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

GOA PUBLIC CREMATORIA AND BURIAL PLACES BILL, 2009. BILL NO …. OF 2009

An Act to provide for establishment and management of public crematoria and burial places. Be it enacted by the Legislative Assembly of Goa in the sixtieth year of Goa as follows: 1) Short title, extent and commencement: - This Act may be called the Goa Public Crematoria and Burial Places Act 2009. a) It extends to the whole of the State of Goa. b) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2) Definitions : - a) Burial place : - It means a place where dead human bodies are buried. b) Crematorium : - It means a place where dead human bodies are cremated either with use of wood or electrical or other energy. c) Local Council : - It means a Council for establishment and management of public crematoria and burial places within a village Panchayat or Municipal Council or a group of village, Panchayats or a group of Municipal council and Village Panchayats. d) State Council : - It means a Body constituted under Section 4 for the establishment and management of public crematoria and burial places in the State of Goa.

3) Establishment of public crematoria and burial places : - Subject to the provisions under any Act relating to health and environment, the State shall establish one or more public crematoria and or burial places at State level and may establish one or more crematoria and or burial places in each of the villages and towns or in a group of villages or group of villages and towns within the State of Goa for the performance of the last rites of the dead by cremation or burial of dead bodies according to the wishes of the deceased made known by such persons before death or wishes of such close relative/s of such dead person or according to the tenets of religion of such

person or as per the directions of the court and the State shall take such steps as may be necessary for the upkeep and management of such crematoria and burial places.

4) State Council:- The State shall constitute a State Council for establishment, upkeep and management of public crematoria and burial places at State level under the Chairmanship of the Chief Secretary and comprise of such official and non official person/s as may be prescribed.

5) Local Council: - The State shall constitute a Local Council for establishment, upkeep and management of public crematoria and burial places under the Chairmanship of the Deputy Collector and comprise of such official and non official person/s as may be prescribed.

6) Powers of the State Council And Local Council: - The State and Local Council shall have powers to- i) Establish and manage public crematoria and burial places. ii) Acquire land, buildings, incinerators and such other plant and machinery as may be required. iii) Construct buildings, compound walls, resting places, ghats, pyres, electrical and other energy based modern equipments for cremation and to provide for wood, oil, electrical power, etc. iv) Appoint necessary staff. v) Charge fees from the persons seeking permission for cremation or burial. vi) Provide for purchase and maintenance of hearses or carts for carrying dead bodies to the crematoria or burial places. vii) Make arrangements for cremation, burial, preservation of bodies, performing religious rites, offering prayers, obituaries, etc.

7) Registration of crematoria and burial places: - All existing crematoria and burial places shall be registered with the State Council within the prescribed period.

8) Permission and registration of new crematoria and burial places: No new crematorium or burial place shall be established at any place in the State except under due authority and licence granted by the State Council.

9) Ban on cremation and burial at places other than established or registered crematoria and burial places: - No dead person shall be cremated or buried at any place other than a crematorium or burial place duly established or registered under this Act.

10) Right to cremation or burial: - The crematoria and burial places established under this Act shall be available for cremation and or burial as the case may be to the deceased persons of all religions, caste, creed, sex, domicile or nationality.

11) Notwithstanding anything contained in any other law in force, the State or Local Council will not be required to obtain any licence for establishment of any crematorium or burial place or for undertaking any construction within such crematoriums or burial place provided such a place for establishment of crematorium or burial place is approved by the Town and Country Planning Department or the Planning and Development Authority of the area.

12) Punishment: - Any person cremating or burying a dead person in any place other than a public crematoria and burial place established under this Act or a registered crematorium or burial place shall be punished with imprisonment which may extend to six months and or with fine not exceeding Rupees ten thousand. The offence shall be cognizable and bailable.

13) Power to make Rules: - The Government may, by notification in the Official Gazette, make rules to carry out the purposes of the Act.

14) Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by Order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

Statement of Objects and Reasons It is customary that last rites of the deceased persons are usually performed with a solemn ceremonies. The Christians have burial places in the precincts of the church, Muslims have their Kabarasthans at specified places, and Hindus have Smashan bhoomis which are earmarked as per the caste system prevailing in the villages. In remote areas of Goa the Hindu residents usually cremate their dead bodies in their own land. Some non Hindus desire their dead bodies be cremated, where as some Hindus resort to the practise of burial. It is necessary to create such facilities in our State. It is therefore proposed to enact a law providing for establishment of public crematoria and burial places at the State level as well as in different towns and villages ad a mechanism for their upkeep, management and registration of existing burial places and crematoria . The Municipality and the Village Panchayat laws do provide for establishment of public crematoria and burial places, however, it is felt these provisions are inadequate and hence a new Act as per the proposed draft is enclosed for the consideration of the Government. The Bill seeks to provide for establishment and management of public crematoria and burial places.

Financial Memorandum It is estimated that the expenditure for land acquisition and establishment of public crematoria and burial places will be around rupees five crores.

GOVERNMENT OF GOA

LAW COMMISSION

Amendment to Goa, Daman and Diu Land Revenue Code 1968

To simplify the procedures for updating the land records

Report No. 5

July 2009

LAW COMMISSION, GOA

(REPORT No.5)

Amendment to Goa, Daman and Diu Land Revenue Code 1968

To simplify the procedures for updating the land records

Forwarded to the Law Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 16 th day of July 2009.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at Maquinez Palace Annexe, Ground Floor, Old G.M.C Complex, Panaji-Goa 403001.

Secretarial Support 1. Shri Ashok Ulman

2. Shri Manohar Shetye

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

Amendment to Goa, Daman and Diu Land Revenue Code 1968

To simplify the procedures for updating the land records

The Goa Land Revenue code, 1968 is a comprehensive Legislation which provides for Land survey, land classification, land revenue, land use, acquisition of rights, mutation of land records, etc.

Section 32 of the Land Revenue Code deals with the change of land use from one purpose to another. It prescribes and elaborates procedure for obtaining permission for conversion of use of land from one purpose to another. The process is cumbersome and time consuming.

The Town and Country Planning Act, 1974 provides for preparation of Regional Plan for whole of Goa and National development plan for planning and development areas. The regional plans are prepared taking into consideration the existence and proposed land use. It demarcates the areas for various categories depending upon the present and proposed land use. It thus divides the entire State of Goa into zones demarcated as Agriculture, Settlement, Industrial, Commercial, Educational and non development zones. Even though the existing use of land earmarked as above may be purely of agricultural use.

No permission is entitled for conversion of use of his land for any purpose demarcated in the Regional Plan or in the O.D.P. It therefore, stands to reason to expect that the holder of Agricultural land which is demarcated say as Settlement Zone should be able to seek its conversion from Agriculture to settlement as a matter of course. However, the existing provisions of Land Revenue Code Act make him go through rigorous procedure of Section 32 and Rules made there under. This consumes considerable time.

The Commission proposes to recommend amendment to Section 32 so as to provide easier route for the land holder to take the benefit of Regional Plan. Care, however has be taken not to deprive the State of its rightful revenue when the change of use takes place.

The Talathi is the lowest Official under the Land Revenue Code, who holds the charge and custody of Land Records in the Village. The Land Revenue Code has burdened him with various onerous duties. One among them being the power of enabling Mutation of the record of rights of the village.

The Talathi is usually poorly educated personnel, whereas Record of Rights are of great importance vesting in him the power of enabling the Mutation of the Record of Rights have come under severe criticism from various quarters.

Section 96 prescribes that any acquisition of right has to be first to be reported to the Talathi within three months from the date of such acquisition. Section 97, 98, 99,100 and 101 also vest the Talathi with heavy burden of duties of maintaining the registers of mutation, dispersed cases of cultivation and crops and also empowers him in collecting fines and requisitioning of assistance in preparations of village maps etc. These provisions appraise to burden the Talathi more than even the Taluka Mamlatdar who is usually a Law graduate with sufficient expertise and training in Revenue matters. Being a petty official the Talathi is also prone to pressures of the powers that be. As such it is proposed that the power maintaining village registers and effecting mutation should vest in the Mamlatdar of the Taluka. Section 96 of Land Revenue Code is proposed to be amended. Sections 96 to 101 are given effect to through the Rules. The Commission therefore feels that the relevant Rules also to undergo changes to be in consonance with the proposed amendment to Section 96 to 101.

The Commission in its wisdom has drafted an amendment Legislation to the Land Revenue Code 1968 and the Rules framed there under to carry out the purposes mentioned in the legislation.

2 RECOMMENDATIONS

2.1 It is therefore suggested that the Goa Land Revenue Code (Amendment) Bill 2009 as proposed may be introduced in the forthcoming Assembly Session.

2.2 We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE GOA LAND REVENUE CODE (AMENDMENT) BILL 2009 Bill No. Of 2009

A Bill further to amend the Goa Land Revenue Code 1968 ( Act 9 of 1969),be it enacted by the Legislative Assembly of Goa in the Sixtieth Year of the Republic of India as follows: 1. Short title and commencement :- 1) This Act may be called the Goa Land Revenue Code (Amendment) Act, 2009 2) It shall come into force at once

2. Amendment to section 32 : - In the Goa Land Revenue Code, 1968 (Act 9 of 1969) (here after refer to as the Principal Act), after clause 7 insert clause 8 as under:- “(8) Notwithstanding anything contained in clauses 1to 6 of this section, in case any land is demarcated as settlement zone in the outline development plan and the Regional Plan notified under the Town and Planning Act 1974, such lands shall be deemed to be converted to housing purpose, however no development work can commence in such land without payment of fees prescribed under the Act and Rules.

In case any development work is commenced without the payment of fees prescribed, the person commencing such work shall be liable to pay such fine not exceeding the market value of the land as the Collector may, subject to the rules made in this behalf.

3. Amendment of Section 96 :- In the Goa Land Revenue Code , 1968 (Act 9 of 1969) in Section 96 of the Principal Act the short title of the Section shall read as under: 96.- Acquisition of rights to be recorded whenever reported or whenever the knowledge of death of an occupant comes to the knowledge of the Mamlatdar.

And in the same section wherever the word “Talathi” appears the same shall stand “deleted” and the same shall stand substituted by the word “Mamlatdar of the Taluka” in Section 96 of the said Act and the words “ within three months ” appearing in section 96 shall stand deleted.

Simlarly in the sections 97, 98, 99, 100, 101 wherever the word “Talathi” appears the same shall stand “deleted” and the same shall stand substituted by the word “ Mamlatdar” of the Taluka in Section 96 of the said Act

Statement of Objects and Reasons The Bill seeks to amend Section 32,96, 97, 98, 99, 100, 101 and 102 of the Land Revenue Act 1968 so as to facilitate development of housing in settlement areas and vest powers on the Mamlatdar of Taluka instead of the Talathi and further seeks to enable the Mamlatdar do take up mutations without any application specially in cases where other authorities have already adjudicated on issues and which are entitled to deal with . The amendments are aimed at facilitating housing in settlement areas and the system of mutation which has so far been cumbersome and time consuming to the citizens. The Bill seeks to achieve the above objects.

Financial Memorandum The exact financial implication cannot be quantified.

The Commission proposes amendments to the relevant rules as follows:

Amendment to the Rules Acknowledgement of reports under section 96 and Register of Mutations.- (1) On receipt of a report either orally or in writing under section 96 about at once acknowledge its reception Form VIII and enter the mutation register in Form IX maintained for each village.

(2) As soon, as an intimation sent to him by the Registering officer under Section 102 is received, the Mamaltdar shall make a separate entry in the mutation register about the mutation made by each document mentioned in such intimation.

(3) Where the acquisition of rights in any land is as a result of transfer of such land and such transfer cannot be made without the previous permission of any officer of Government, the Mamlatdar shall require the person making the report to him under section 96 to produce before him such permission or such evidence of the order by which such permission is given, within fifteen days. If such permission or evidence is produced, the Mamlatdar shall record this fact at the end of the entry in column 2 of the mutation register. If the permission is obtained but not produced or not at all obtained the Mamlatdar shall record this fact as aforesaid.

(4) Whenever the Mamlatdar receives from the Director of Settlement and land Records or officers superior to him:- (i) Any intimation about the passing of any order as a result of which mutation has taken place; or (ii) Any intimation about any hypothecation of any land for legal loan shall make an entry about the mutation in the mutation register.

5) Whenever the title and/or occupancy of any land, house or other immoveable property which bears a survey or sub-division number or any part or fraction thereof is decided by a competent court by a judgment and decree, the person in whose favour the title and/or occupancy and/or possession has been adjudicated shall submit the certified copy of the said judgment and decree or certified copy of such adjudication to the Mamlatdar under whose jurisdiction the said Revenue Village falls about such an adjudication and the Mamlatdar shall make an entry about the mutation in the mutation register.

6) Whenever there occasions a transfer by way of any legal document of the title and/or occupancy of any land, house or other immoveable property which bears a survey or sub-division number or any part or fraction thereof , the person in whose favour the title and/or occupancy and/or possession has been transferred shall submit the said document to the Mamlatdar under whose jurisdiction the said Revenue Village falls and the Mamlatdar shall make an entry about the mutation in the mutation register. a) In the event the transferor is the recorded occupant in the Form I & XIV of the Record of rights the Mamlatdar shall within thirty days from the receipt of the said intimation delete the name of the occupant and enter the name of the person in whose favour the title and/or occupancy has been adjudicated by the Court irrespective of any other formalities. b)In the event the transferor is not the recorded occupant in the Record of Rights in that event the transferor shall also deliver to the Mamlatdar a copy of the document evidencing how the rights of the

person recorded occupant have vested in the transferor or such other person against whom the said judgment is pronounced.

7. Where by any document which is registered under the Indian Registration Act or by any judgment and decree of the Civil Court any title and/or occupancy to any land, house or other immoveable property which bears a survey or sub-division number or any part or fraction thereof is decided by a competent court by a judgment and decree or transferred or assigned by any person and from the said document it is ascertainable through a map annexed to the said document that the area is sub-divided, the Mamlatdar under whose jurisdiction the same falls, shall within fifteen days from the receipt of the said document forward the same to the Directorate of Survey or such other Authorities to implement the said order and get the said survey corrected as per the said document and upon receipt from the Survey Department within fifteen days from the receipt of the report of the Survey authorities make the necessary entries after deleting the old entries and wherever necessary after giving fresh sub-division or survey numbers and the Mamlatdar shall make the necessary entry/entries in the mutation register.

8. The Mamlatdar shall upon information being received by him in writing or otherwise that the “occupant” of any holding has died the said Mamlatdar shall make inquiries or shall get inquiries made in the village about the surviving spouse if any of the deceased and about the legal representatives of the deceased entitled to inherit the deceased occupant and thereupon get a notice issued to the persons whose names have been ascertained to within thirty days from the receipt of such notice file a statement on oath or produce any document establishing the name of the spouse of the deceased and the names of the sons and daughters and other successors or other persons entitled by law to inherit the estate of the deceased and upon the Mamlatdar being satisfied about the veracity of such a statement the Mamlatdar shall make an entry in the mutation register by striking out but not deleting the name of the deceased and entering the name of the spouse and legal representatives.

Provided however if any of the persons entitled to inherit, produce any document from the Civil Court to the effect that the estate and inheritance of the deceased occupant stands partitioned by a competent judgment and decree , the Mamlatdar shall make the entries

in terms of the allotment or adjudication and in the event the said holding to which the adjudication refers has been sub-divided the Mamlatdar shall direct the Survey Authorities to effect the necessary changes in the survey plan and thereafter upon the receipt of the same sub-division of the said holding in the records of the Survey the Mamlatdar shall make an entry about the mutation in the mutation register make the entries of the names of the persons to whom the said areas stand allotted.

9. Whenever the Town and Planning Authorities receive any application for sub-division of any holding and such sub-division is finally approved under the Town and Planning Act the authority granting the final NOC for sub-division shall cause a copy of the plan of said sub-division to be delivered to the Directorate of land Survey and the Directorate of Land Survey shall within fifteen days from the receipt of such a final No Objection Certificate get the plans corrected as per the said sub-division. Upon the correction of the said survey records the Directorate of Land Survey shall forward the copy of the said sub-division to the Mamlatdar of Record of Rights or to the City Survey Authorities as the case may be and the Mamlatdar of Record of Rights or the City Survey authorities shall within fifteen days from the receipt of the same the Mamlatdar shall make an entry about the mutation in the mutation register and make the corrections in their Records .

In the event any advocate enrolled in the rolls of the Bar Council files an statement on oath of his having conducted title search with respect to the said holding and gives his legal opinion on oath as to the persons entitled to succeed in the estate of the deceased occupant the Mamlatdar shall on the basis of such a statement on oath submitted before the same direct the necessary changes to be made provided however the said statement on oath is preceded by a Public Notice inviting objections from persons interested and the public within fifteen days from the date of publication of such notice in two local newspapers one in English language and the other in vernacular language and the advocate certified that he has examined the objections and has come to the conclusion that the objections or claims are without any substance or that there have been no objections or claims from any persons with respect to the said holding or holdings the Mamlatdar shall on the basis of such a statement on oath shall make an entry about the mutation in the mutation register.

3. Whenever any authority under the Land Revenue Code grants any conversion Sanad a copy of the same shall be forwarded to the respective Mamlatdar and a copy shall be forwarded to the Directorate of land Survey and the Directorate of land Survey shall make an entry in the survey records depicting in the survey records the area which has been converted and also describe in the survey plan whether such conversion is residential, commercial, industrial or institutional or any other as per the conversion sanad and forward the copy of the plan so corrected to the Mamlatdar and the Mamlatdar shall within fifteen days of the receipt of such corrected survey plan incorporate the same in the Record of Rights.

GOVERNMENT OF GOA

LAW COMMISSION

Amendment to the Goa Panchayat Raj Act 1994. To provide for vesting first appeal powers on the Director of Panchayats and creation of Panchayat Tribunal to hear revision petitions and also to make applicable provisions of Code of Civil Procedure to proceedings before the judicial authorities under the Panchayati Raj Act.

Report No. 6

October 2009

LAW COMMISSION, GOA

(REPORT No. 6)

Forwarded to the Law Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 30 th day of October 2009.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B-S 1, 3 rd Floor, Paraiso de Goa, Porvorim, Goa.

Secretarial Support 1. Shri Ashok Ulman

2. Shri Manohar Shetye

The text of this Report is available on the internet www.goalawcommission.gov.in

Any enquires relating to this Report should be addressed to the Secretary and sent either by post to the Law Commission, Goa, B-S 1, 3rd Floor, Paraiso de Goa, Porvorim, Goa or email to chairman- [email protected]

REPORT

Amendment to the Goa Panchayat Raj Act 1994.

The Goa Panchayati Raj Act 1994, was enacted by the Legislative Assembly of Goa to replace the previous enactments relating to Panchayats. It is a comprehensive Legislation and was framed in pursuance of 73 rd Amendment to the Constitution of India. It provides for creating of three tier Panchayati Raj system at the Village Panchayat level, Taluka level and the Zilla Parishad level. The Government of Goa however, decided to establish a two tier system at the Panchayat and Zilla Panchayat level in terms of Article 242B of the Constitution of India, as the population of Goa does not exceed 20 lakhs. The Panchayat system is an important constituent of the overall democratic setup of the country. It is aimed at translating the principle of decentralisation of the democratic self governance at the grass root level. This purpose has broadly been achieved in the State of Goa. Accordingly, there exist 189 Village Panchayats and 2 Zilla Parishads. Elections to these bodies are regularly held. In compliance with the provisions of the Act, women, OBC, SC/ST enjoy representation in the Panchayati Raj system.

Chapter X of the Panchayat Raj Act 1994, deals with inspection, supervision, etc over the affairs of the Village Panchayats, and Zilla Parishads and empowers the Government functionaries including Secretary to the Government in charge of Panchayats, Director of Panchayats, Directors of departments etc to supervise and hold inspections of the Village Panchayats and Zilla Parishads and to issue appropriate directions and orders to these bodies and to call for returns, statements, reports, etc. It empowers the Director of Panchayats to suspend execution of alleged unlawful orders of the Village Panchayat or Zilla Parishad. The Government has overall powers to confirm or rescind the order of the Director as well as to regulate the activities of the Village Panchayat or Zilla Parishad and to appoint administrators to administer the Village Panchyat or Zilla Parishad.

Of late, an agitation was launched by section of the elected members of the Village Panchayat and Zilla Panchayat as well as some NGO’s who perceived excessive interference of the Government in the affairs of the local bodies through an amendment proposed by the Government which proposes to empower the Secretaries of the Village Panchayats to execute the orders of the Director within a specified period if the same was not complied with by the Sarpanch of the Village Panchayat.

A delegation comprised of some elected Village Panchayat members also met the Commission in this regard and submitted their representation in writing and through email opposing the proposed amendment bill.

We feel that as per the amendment proposed by the Government vide Bill No. 4 of 2009 does not encroach upon the rights of the elected bodies. The scheme of all Acts relating to the elected bodies clearly demarcates the powers of elected functionaries and the executive functionaries. Elected bodies take decisions and these decisions are then executed by the executives like secretary to the Panchayat. At the Central and State level Governments the decisions are taken by the Councils of Ministers which are executed by the Secretaries to the Government. At the Municipal and Zilla Parishad level the decisions of elected bodies are executed by their respective Chief Officers / Chief Executive Officers. There cannot be a different yardstick in case of Village Panchayats. The decisions of the Village Panchayat are naturally to be executed by the Secretaries to the Panchayats. The Sarpanch cannot be expected to function as an Executive Officer. Bill No.4 of 2009 in fact provides that the decision of the appellate/ revisionary authority is to be executed by the Panchayat Secretary if it is not executed by the Panchayat.

This brings us back to Chapter X. We feel that every Act has to provide for checks and balances at every stage in such a manner that the aggrieved parties feel confident that they have a competent judicial authority before whom they can challenge any decision which they perceive to be against law or justice.

Section 178(1) provides that the Director of Panchayat may suspend the execution of order or resolution of a Panchayat or Zilla Panchayat or prohibit the doing of anything which is to be done or is being done by or on behalf of the Village Panchayat or Zilla Panchayat if in the opinion of the Director such order or resolution or the doing of such an act is unjust, unlawful or improper or may cause or is likely to cause injury or annoyance to the public or lead to the breech of peace.

Section 178(2) provides that the Director shall forward his order or direction to the Government and the Government may confirm or rescind or modify the order, etc. We feel that this power vested in the Government to confirm, rescind or amend the order passed by the Director is not conducive to the healthy growth of an independent elected body.

The Government headed by elected persons are subject to political inclinations of the elected echelons. If the Director is deemed to be a quasijudicial Authority which in fact he is, then it would be in fitness of things to invest him with first appellate powers against the decision of the Village Panchayat or Zilla Parishads and further to create a Tribunal to hear challenges to the decision of the Director of Panchayats under second appellate jurisdiction or revisionary jurisdiction. Having accepted this as a principle, this Commission feel it prudent also to suggest amendments to section 201 and 201 A appropriately and to introduce a definition clause to define Panchayat Tribunal to hear revision against the order of Director of Panchayats. Since the Director of Panchayat and Panchayat Tribunal are quasi judicial bodies we feel it appropriate to make applicable the provisions of Code of Civil Procedure to all enquires, appeals, revision and proceedings before the Officer/Appellate authority, Panchayat Tribunals, etc.

A daft Bill further to amend the Goa Panchayati Raj Act 1994 on the above line is annexed herewith.

Recommendations:- The Law Commission is pleased to make the following recommendation: 1) Director of Panchayat be vested with powers to hear and decide appeals against any order or resolution of the Panchayat or of any officer under Panchayati Raj Act. 2) That the Panchayat Tribunal be created at the District level to hear revision petition against any order passed by the Director of Panchayat. 3) That the provisions of the Civil procedure Code be made applicable to all inquiries and proceeding before Panchayat Tribunals or any officer under the Panchayat Raj Act.

Draft Bill incorporating the above recommendations is enclosed for ready reference and appropriate decisions,

2 RECOMMENDATION

2.1 It is therefore suggested that The Goa Panchayat Raj (Amendment) Bill 2009 may be introduced in the forthcoming Assembly Session as proposed.

2.2 We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE GOA PANCHAYAT RAJ (AMENDMENT) BILL 2009 (BILL NO. OF 2009)

BILL

Further to amend The Goa Panchayat Raj Act 1994 (Goa Act 14 of 1994)

Be it enacted by the Legislative Assembly of the State of Goa in the sixtieth Year of the Republic of India, as follows: 1. Short title and commencement - (1) This Act may be called the Goa Panchayat Raj (Amendment) Bill 2009 (2) It shall come into force at once

2. Insertion of new section :- After the section 2 sub-section 16 of the Panchayat Raj Act 1994 (Goa Act 14 of 1994) (hereinafter called the principal Act the following section shall be inserted namely: 16A - Panchayat Tribunal means the Principal District Judge, and/or Additional District Judge , of the District within whose jurisdiction the Panchayat with respect to which such order refers falls

3. Amendments to Sections 173, 174, 175,176, 178 and 181 of Chapter X i) In section 173 the words ‘the secretary to the Government in charge of Panchayat Raj Department in case of Zilla Panchayat and the Chief Executive Officer and’ shall stand deleted. ii) In sub section 3 of section 174 the words ‘the Chief Executive Officer or’ shall stand deleted and after the words ‘the Secretary’ insert the following ‘in charge of Panchayat Raj Department’. iii) The title to section 175 should read as ‘powers of director’. From sub section 1 of section 175 the words ‘Chief Executive Officer’ and the sub sections 2 and 4 of section 175 shall stand deleted. iv) The title to section 176 should read as power of director to provide for performance of duties in default of Panchayat or Zilla Panchayat. The words ‘when the Government in case of Zilla Panchayat or the director in case of Panchayat appearing in the beginning of section 176 be substituted by the words ‘when the director’. v) After Section 178 add the following:-

178(1) (a) After passing an order under sub-section 1 the Director may give such further directions as required in the matter . The Section 178 (2) be substituted by the following:- 178(2) When the Director makes an order under sub-section 1 or gives direction under sub-section (1)(a) the party aggrieved by such an order or direction may file a revision petition to the Panchayat Tribunal and the Panchayat Tribunal shall upon the perusal of records and upon hearing the parties determine if such order if allowed to stand would occasion a failure of justice or cause irreparable injury to the parties against whom it is made and upon such determination shall decide to proceed the case on merits.

Every revision petition shall be decided as expeditiously as possible and endeavour shall be made to decide the revision petition within three months from the date on which the revision petition is presented to the Panchayat Tribunal.

The order pronounced on such a revision petition shall be final. vi) The title to section 181 to read as Government power to specify the role of Panchayats. The word ‘director’ appearing in sub section 1 of section 181 be substituted by the word ‘Government’. Sub section 2 of section 181 shall stand deleted And the existing proviso of section 181 shall be substituted by the following provided that the Government shall not pass any order under this section without giving the Panchayat, Taluka Panchayat, or Zilla Panchayat concerned without a reasonable opportunity of showing cause against the proposed order.

4- Amendments to sections 201 and 201 A The existing Section 201 and 201 A shall stand substituted by the following sections 201. Appeals.- (1) any person aggrieved by any order or resolution of the Panchayat or of any order of the Officers under the Panchayat Raj Act, may within thirty days of such order appeal to the Director. (2) The Director may, after giving an opportunity to the appellant and the respondent to be heard and after such inquiry as it deems fit, decide the appeal and such decision shall be subject to revision petition as provided in the section 201 A.- 201 A.- When the Director of Panchayats makes an order under any of the provisions of this Act or as an appellate authority under this Act a revision petition may be filed by any party aggrieved to the Panchayat Tribunal of the District within thirty days from the date of the order and the Panchayat

Tribunal of the District shall call for the records of any case decided by the, Director as the case may be.

The Panchayat Tribunal shall upon the perusal of the records and upon hearing the parties determine if such order if allowed to stand would occasion a failure of justice or cause irreparable injury to the party against whom it is made and upon such determination shall proceed to decide the case on merits. The order pronounced in such revision shall be final..

5- In Section 239 of the Act after the sub-section 4 of section 239 C the following shall be added (4) Wherever under this Act or rules no procedure has been prescribed the provisions of the Code of Civil Procedure for the time being in force in this State shall apply to all inquiries, appeals, revisions and proceedings before the Officers, Appellate Authorities, the Panchayat Tribunal and all other Authorities under this Act.

GOVERNMENT OF GOA

LAW COMMISSION

Report recommending vesting of mutation powers in the Taluka Mamlatdar and providing deemed conversion for residential purposes of lands depicted as settlement lands in the outline Development Plan and Regional Plan of Goa duly notified subject to payment of conversion fees.

Report No. 7

December 2009

LAW COMMISSION, GOA

(REPORT No. 7)

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 14 day of December 2009.

The 2nd Law Commission was constituted for a period of one year in the first instance by Government Order No. 9/5/2008-LA/100 dated the 20 th January, 2009 issued by the Law Department, Government of Goa.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support 1. Shri Ashok Ulman, Secretary

2. Shri Manohar Shetye, O.S.D. to Chairman

The text of this Report is available on the internet http:/goalawcommission.gov.in

Any enquiry relating to this Report should be addressed to the Secretary and sent either by post to the Law Commission, B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa or email to chairman- [email protected]

REPORT Report recommending vesting of mutation powers in the Taluka Mamlatdar and providing deemed conversion for residential purposes of lands depicted as settlement lands in the outline Development Plan and Regional Plan of Goa duly notified subject to payment of conversion fees

Report No. 5 of the Law Commission dated 16 th of July 2009 already submitted to the Government of Goa relates to amendment of sections 32, 96, 97, 98, 99,100,101, and 102 of the Land Revenue Code Act 1968. The purpose of the Report was to facilitate the process of mutations by vesting all powers of mutation in the Mamlatdar of Taluka. However, the Legislature came out with the amending Act (Act No. 24 of 2009) which created an additional authority namely the Deputy Collector for the purpose of certifying and deciding disputes with regard to mutations. This resulted in a chaotic situation and the entire process was unnecessarily brought to a grinding halt. The Law Commission was attributed the onus of bringing about the amending Act No. 24 of 2009 while in fact, the Law Commission had proposed the simplification of procedures by substituting “the Mamlatdar” for the Talathi.

In view of the above, the Law Commission now proposes to recommend amendment to the Revenue Code once again and set the controversy at rest. We wish to submit that the words a ‘revenue or survey officer not below the rank of Awalkarkun” be replaced by “Mamlatdar” in sections (4) and (6) of section 97 of the Land Revenue Code. This change shall do away with the apprehension that the certifying officer shall be the Dy. Collector. We are of the opinion that the mutations proceeding would proceed faster in case the register of mutations, register of disputed cases and certifications of entries is done by the Mamlatdar.

The Legislative Assembly has further amended the Land Revenue Code by the Amendment Act No. 24 of 2009 whereby Sec. 32A was inserted.

The insertion of Sec. 32A obliges the Collector to grant permission to use land for such purposes as permissible under Goa Town and Country Planning Act in case the land is demarcated as settlement zone in the outline development plan and/or the regional plan duly notified. Section 32A requires the Collector to issue such permission for lands within settlement zone subject to payment of fees. It would be more appropriate in case the

sanad is deemed to be granted if the land is within settlement zone since the government would not loose any revenue as the work can start only after the payment of fees. The law commission is also of the opinion that the deeming provision should apply for housing purpose.

Draft Bill incorporating the above views is enclosed for ready reference.

Recommendation: The Law Commission is pleased to recommend 1) The Mamlatdar of Taluka be vested with powers to effect mutation in Record of Rights and for settling of all disputes relating to mutations as well as for certifying the mutations. 2) To incorporate the deeming clause in the Land Revenue Code providing for deemed conversion for residential purposes of all lands depicted as settlement zones in the outline Development Pan and Regional Plan duly notified subject to payment of conversion fees.

2 RECOMMENDATION

2.1 It is therefore suggested that the Goa Land Revenue Code (Amendment) Bill 2009 may be introduced in the forthcoming Assembly Session as proposed.

2.2 We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE GOA LAND REVENUE (AMENDMENT) ACT 2009 (Goa Act of 2009) AN ACT

Further to amend the Goa Land Revenue Code, 1968(Act 9 of 1969) Be it enacted by the Legislative Assembly of the State of Goa in the Sixtieth Year of the Republic of India, as follows:-

1. - Short title and commencement.-This act may be called the Goa Land Revenue Amendment Act 2009.

2. It shall come in force at once.

3. (a) Substitution of Section 32 A - For the existing Section 32 A the following be substituted:- 32A (1). - Grant of Sanad in Settlement Zone - Notwithstanding anything contained in the section 32 of this Code, any land demarcated as Settlement in the Outline Development Plan and the Regional Plan as duly notified under the Goa Daman and Diu Town and Planning Act 1974 (Act No. 21 0f 1975) shall be deemed to be converted for residential purpose. Provided no development work shall be commenced on such land without payment of fees prescribed under section 32 (6) (2) In case any development work for residential purpose is carried out without payment of fees prescribed under section 32 (6), the holder or other person claiming through or under him shall be liable for penalties set out in section 33.

4. Amendment to section 33 The words “or 32 A” appearing in section 33 be deleted.

5. Amendment to section 97 (i) In sub-section 4 and 6 of section 97 the words “Revenue or Survey Officer not below the Rank of Deputy Collector “ shall be substituted by the words “the Mamlatdar of the Taluka”

GOVERNMENT OF GOA

LAW COMMISSION

Restoring the internal autonomy of University of Goa by deleting section 25 A and 25 B of the Goa University Act, 1984.

Report No. 8

December 2009

LAW COMMISSION, GOA

(REPORT No. 8)

Restoring the internal autonomy of University of Goa by deleting section 25 A and 25 B of the Goa University Act, 1984.

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 22 nd day of December 2009.

The 2nd Law Commission was constituted for a period of one year in the first instance by Government Order No. 9/5/2008-LA/100 dated the 20 th January, 2009 issued by the Law Department, Government of Goa.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support 1. Shri Ashok Ulman, Secretary

2. Shri Manohar Shetye, O.S.D. to Chairman

The text of this Report is available on the internet http:/goalawcommission.gov.in

REPORT

Restoring the internal autonomy of University of Goa by deleting section 25 A and 25 B of the Goa University Act, 1984.

The Goa University was established through the Goa University Act 1984. The Act bestows autonomous status upon the Goa University. The Act provides for constitution of various authorities and office bearers of the University. The objectives of Goa University as outlined in the Act state that, the University shall disseminate and advance knowledge by providing instructional, research and extension facilities in different branches of learning and expects the University to pay special attention to the improvement of social and economic welfare of the people of Goa, to promote interest in life, literature, languages and culture of people of Goa, to establish schools of studies, etc.

The University is constituted as a body corporate by the name of Goa University. It shall have perpetual succession and common seal and shall sue and may be sued by the said name of Goa University. In short, Goa University is a distinct corporate entity and enjoys full freedom and autonomy in its internal working.

The University expenses are met through the grants given by the State of Goa and through fees, donations and other funds received by the University. The finances of University are regulated through a Finance Officer whose powers and duties are prescribed by the statutes of the University. The overall authority of University vests in its Executive Council.

The Annual Reports of University are prepared under the direction of Executive Council and are submitted to the Government, which causes the same to be laid before the Legislative Assembly. The annual accounts are audited by the Comptroller and Auditor General of India and audited annual accounts are published in the Official Gazette. The copies of accounts together with the report of the C.A.G are also submitted to the Government, which causes the same to be laid before the Legislative Assembly. In short, the Government of Goa and the Legislative Assembly of State of Goa is kept in the know of things happening in the University at all times. In addition, the Government and the Governor of Goa in the capacity of Chancellor are empowered to nominate two members each to the Executive Council of the University of Goa.

The Government of Goa and the people of Goa thus directly and indirectly control the affairs of the Goa University. The scheme of the Act very clearly indicates that the University has full freedom to manage its internal affairs. Such autonomy is necessary for any University for the purpose of its overall development and for maintaining highest standards in the field of education. In spite of this policy of respecting the internal autonomy of University of Goa, the Government of Goa, at a certain stage, decided to amend the Goa University Act by incorporating sections 25A and 25B which require the University to seek prior approval of the government for certain proposals as outlined in these sections. Thus, The Goa University (Amendment) Act 2003 (Goa Act 19 of 2003) was enacted.

Sections 25 A and 25 B read as follows: “25 A. Prior approval of the Government on certain proposals of the University - (1)Notwithstanding anything contained in any other provisions of the Act, the University shall, from time to time, obtain approvals of the Government on such proposals of the University each one of which exceeds the amount prescribed by the Government for this purpose and are to be executed by charging on the grants sanctioned by the Government to the University. (2)The Government may call upon the University to furnish details and records of expenditure incurred or proposed to be incurred by it out of the grants granted by the Government and the University shall thereupon submit the said details and records to the Government within the time specified thereof. (3)In order to regulate and control the expenses made out of the amounts sanctioned by the Government, the Government may approve or reject the proposals submitted by the University in terms of sub section (1) above, or give such directions thereon to the University as it may deem fit. The University shall follow such directions within the time, if any, specified thereof, by the Government. (4)For the purposes of this section, the Government may prescribe procedure to be followed and terms and conditions for appointment of a Government Officer, if any, to look after these matters, as it may deem fit.

25 B. Power to make Rules.- The Government , after consultation with the University may, by notification in the Official Gazette make rules to carry out the purposes of this Act, in particular the provisions at section 25 A. Provided that, consultation with the University shall not be necessary on the first occasion of making of rules under this section but the Government shall

take into consideration any suggestions which the University may make in relation to the amendment of such rules after they are made.” A scrutiny of the Sections 25A and 25 B reveals the attempts of the Goa Government to make serious in roads in the autonomy of the University. 25 A makes it compulsory for the University to obtain the approval of the Government on proposals of the University, which exceeds the amount, prescribed by the Government and is to be executed by charging on the grants sanctioned. The section further lays down that the Government may direct the University to furnish details of expenditure incurred or proposed to be incurred out of the grants sanction by it. It empowers the Government to accept or reject the proposal submitting by the University. Further, it makes obligatory for the University to follow the directions issued by the Government from time to time. All this is contained in section 25A. It also provides for appointment of a government Officer for the purposes of Section 25A.

Section 25 B enables the Government to make rules to carry out the proposals.

These amendments have subverted the autonomy of the University and converted it into a department of Government of Goa.

As such, it is felt the provisions of Act namely sections 25 A and 25 B, which have eroded the autonomy of University of Goa, should no longer remain in the Act.

Recommendation It is recommended that section 25 A and 25 B be repealed through an amendment Act as these sections have in effect have eroded the internal autonomy of The University of Goa.

2 RECOMMENDATION

2.1 It is therefore suggested that the Goa University (Amendment) Bill 2009 may be introduced in the forthcoming Assembly Session as proposed.

2.2 We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

GOVERNMENT OF GOA

LAW COMMISSION

Appointment of all Junior Division Civil Courts in Goa as Controller and vesting District Court with the power of Appellate Authority by amending the Goa, Buildings, (Lease, Rent, and Eviction) Control Act, 1968.

Report No. 9

February 2010

LAW COMMISSION, GOA

(REPORT No. 9)

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the day of February 2010.

The 2nd Law Commission was constituted for a period of one year in the first instance by Government Order No. 9/5/2008-LA/100 dated the 20 th January, 2009 issued by the Law Department, Government of Goa.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

Any enquiry relating to this Report should be addressed to the O.S.D. to Chairman and sent either by post to the Law Commission, B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa or email to chairman- [email protected]

REPORT

Section 41 of The Goa, Daman, and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 as amended from time to time referred hereinafter as Rent Control Act for brevity provides for constitution of Rent Controllers, Rent Tribunals, Appellate Boards and Administrative Tribunal for the purpose of adjudicating matters arising out of disputes between landlords and tenants.

The Government has followed the practice of appointing Dy. Collector as Rent Controller. The appointment of Dy. Collector as Rent Controller under Rent Control Act was perhaps done with hope that such officers would decide all matters arising under Rent Control Act expeditiously. It was also expected that landlords and tenants may not engage lawyers and that a Dy Collector could offer a congenial atmosphere for landlord- tenant litigations.

In practice however, it is seen that all disputes between landlords and tenants are fought like any other civil litigation with lawyers appointed by both parties. The Courts of the Rent Controller are also clogged. The issue of delays in deciding eviction cases was recently considered in a writ petition by the High Court. The Government has informed the High Court that they are considering appointment of Civil Courts as Rent Controller in order to expedite disposal of Rent cases. Fortunately for Goa we have Courts of Civil Judge Junior Division in all Talukas. If the Courts are vested with powers of Rent Controller and Rent Tribunal, the cases now pending before Rent Controller, in major towns of Goa will be distributed in all 11 Talukas and thereby save the precious time and money of the litigant.

Most of the Civil Courts in Goa have adequate number of judges. We feel that the litigant before the Civil Court will find it cheaper and expeditious to prosecute their cases before Civil Judges.

If this proposal is accepted consequential amendments will be required for appointment of Appellate Authorities keeping in view the hierarchy of Civil Court administration.

Recommendations: The Law Commission is therefore pleased to recommend that 1) All Junior Division Civil Courts in Goa be appointed as Controller in place of Rent Controller and Rent Tribunal. 2) The District Courts be vested with Appellate Authority.

Draft Bill incorporating the above recommendations is enclosed for ready reference and appropriate decisions.

2. RECOMMENDATION

2.1 It is therefore suggested that The Goa Buildings (Lease, Rent, and Eviction) Control (Amendment) Bill 2010 may be introduced in the forthcoming Assembly Session as proposed.

2.2 We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE GOA BUILDINGS (LEASE, RENT AND EVICTION, CONTROL ACT (AMENDMENT) BILL 2010 (Bill No. of 2010)

AN ACT

Further to amend the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968(Act 2 of 1969). Be it Enacted by the Legislative Assembly of the State of Goa in the Sixtieth Year of the Republic of India, as follows:- 1. Short title and commencement .-This act may be called the Goa Buildings (Lease, Rent and Eviction ) Control (Amendment) Act 2010

2. It shall come in force at once

3. (a) Amendment to Section 2 of the principal Act (i) Delete sub section (a), (c), and (o) of section 2 (ii) Replace sub section (d) with the following Authorized Officer means an Officer appointed by the Government for performing functions under Chapter II. (iii) Replace sub section (f) of section 2 as under- (f) “Controller” means a person appointed as a Civil Judge Junior Division appointed in the Court of the Civil Judge Junior Division having territorial jurisdiction over that area under the Goa Civil Courts Act 1965.

4. Amendment to section 12 The words “Rent Tribunal” appearing in section 12 be replaced by “Controller”.

5. Amendments to Rent Control Act After section 23 sub section (b) add the following: “23(C)(a) Not withstanding any thing contained in this Act a senior citizen, or a widow or a physically disabled person on an application made in this behalf to the Controller, shall be entitled to recover the possession of any residential premises on the grounds that the premises are bona fide required by such senior citizen, widow or physically handicapped persons for occupation by himself or any member of his family.

(b) Where the senior citizen, or a widow or a physically disabled person recovers possession of the premises under above section, he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of three years from the date of taking possession of the premises, failing which, the evicted tenant may apply to the Controller for an order that he or she be restored the possession of the said premises and the Controller shall make an order accordingly. (c) The Controller shall pass an order for eviction of tenant on an application by a senior citizen, or a widow or a physically disabled person under clause (a) above supported by documentary proof that such a person is a senior citizen, or a widow or a physically disabled person. (d) Every application filed before the Controller under clause (a) above shall be dealt with in accordance with the procedure specified in sub section (3A) and the provisions thereof in so far as they are applicable, shall apply to such proceedings.

Explanation I For the purpose of this sub section, (1) Senior citizen means a person who has attained the age of 65 years, (2) A widow includes a widower, and (3) A physically disabled person means a person who has suffered disability at least to the extent of 60% and is so certified by Competent Authority.”

6. Amendment to section 33 The words Rent Tribunal appearing in section 33 be substituted by “Controller”.

7. Amendment to section 37 The words “Rent Tribunal” appearing in section 37 be substituted by the word “Controller”.

8. Amendment to section 38 The words “Rent Tribunal” appearing in section 38 be substituted by the word “Controller”.

9. Amendment to section 39 The words “Rent Tribunal” appearing in section 39 be substituted by the word “Controller”.

10. Amendment to section 41 Section 41 be replaced with the following 1. From every order other than an interim order passed by the Controller or by the authorized Officer an appeal shall lie to the District Court.

11. Amendment to section 42 Replace existing section 42 with the following Transfer of proceedings The District Court may after giving due notice to the parties and after giving them a reasonable opportunity of being heard, transfer any proceedings from one Controller to another Controller within the District.

12. Amendment to section 43 Replace existing section 43 with the following. Limitations (i) The limitation period for filing appeal shall be 30 days from the date of the order. (ii) The provision of Indian Limitation Act 1963 shall be applicable to this Act.

13. Amendment to section 44 Substitute the following Section 44 - The Controller shall follow the provision of the Civil Procedure Code in all disputes and proceedings filed before it and endeavour to dispose such proceedings within the period of 18 months from the date such proceedings are filed.

14. Amendment to section 45 Replace existing section 45 with the following Pending proceedings. Section 45 – (i) All proceedings pending before the Controller/ and Rent Tribunal (as defined by the pre amendment Act) immediately before the Goa Buildings (Lease, Rent and Eviction ) Control (Amendment) Act 2010 shall on such commencement stand transferred to the concerned Controller. The Controller may proceed to deal with such proceedings from the stage which

was reached before such transfer or from any earlier stage or de novo as such Controller may deem fit . (ii) All appeals pending before the Administrative Tribunal shall stand transferred to the District Court and the District Court may proceed to deal with such cases and/or matters and/or proceedings from the stage which was reached before such transfer or from any earlier stage or de novo as such Controller may deem fit .

15. Amendment to section 46 Substitute section 46 with the following. The District Court may in exceptional circumstances, on the application of any party, call for and examine the records relating to any order passed or proceedings under this Act for the purpose of satisfying itself as to the correctness, legality or propriety of such order or proceedings and may pass such order thereon as it thinks fit:

Provided that no such record shall be called for after the expiry of ninety days from the date of the order.

16. Amendment to Section 47 The words “Rent Tribunal” appearing in section 47 be deleted.

17. Amendment to Section 58 The words “Rent Tribunal and Appellate Board” be deleted and the words “Administrative Tribunal” be substituted by District Court”.

GOVERNMENT OF GOA

LAW COMMISSION

Report recommending a set of rules for implementation of Goa, Daman, and Diu Land Revenue Code 1968 as amended vide The Goa, Daman, and Diu Land Revenue Code (Amendment) Act, 2009 (Act No. 24 of 2009) and Goa, Daman, and Diu Land Revenue Code (Amendment) Act 2010 (Act No. 1 of 2010)

Report No. 10

April 2010

LAW COMMISSION, GOA

(REPORT No. 10)

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 23 rd day of April 2010.

The 2nd Law Commission constituted by Government of Goa for a period of one year (Order No. 9/5/2008-LA/100 dated 20 th January 2009) and further extended for two years w.e.f. 06/04/2010 (Order No. 22/1/2010-LD(Estt.)/LC/530 dated 05/04/2010).

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

Any enquiry relating to this Report should be addressed to the O.S.D. to Chairman/ Acting Secretary and sent either by post to the Law Commission, B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa or email to [email protected] or [email protected]

REPORT

The Law Commission had submitted 2 Reports recommending Amendments to the Land Revenue Code 1968. Report No. 5 of the Commission dated 16 th July 2009 had recommended amendments to sections 32, 96, 97, 98, 99, 100, 101, and 102 of the Land Revenue Code 1968. Report No. 7 of the Law Commission had recommended amendments to section 32 A, 33, and 97 of the Land Revenue Code, 1968.The sum and substance of the 2 Reports was to vest Mamlatdar of the Taluka with powers to effect mutation of Record of Rights and for settling all disputes relating to mutation as well as for certifying the mutations. Along with Report No. 5 the Law Commission had also submitted Draft Amendment Rules which would facilitate implementation of the amendments to the Land Revenue Code as passed by the House. Report No 7 in addition also proposed incorporation of the deeming clause in the Land Revenue Code providing for deemed conversion for residential purposes of all lands depicted as settlement zones in the Outline Development Plan/ Regional Plan duly notified subject to payment of conversion fees.

The Law Commission is happy to note that the Government of Goa accepted our Reports and proceeded to amend the Land Revenue Code on the lines of our suggestions. Act No 24 of 2009 and Act No 1 of 2010 were accordingly passed by the House. Thus, the Land Revenue Code stands amended as per Goa, Daman, and Diu Land Revenue Code (Amendment) Act 2009 (Act No. 24 of 2009) and Goa, Daman, and Diu Land Revenue Code (Amendment)Act 2010 (Act No 1 of 2010).

These amendments, on enforcement, will eliminate the delays in mutation of Land Records by creating a single window system for mutation of Land Records. This however, needs a proper set of rules for its implementation. The Law Commission has held several meetings with the Collectors of the North and South Goa as well as the Joint Secretary, Law for the purpose of preparing a proper set of rules. We also considered the Draft Rules submitted by Shri Mihir Vardhan, Collector of North Goa.

The Rules must pertain to the following aspects: 1) An easy and expeditious methodology for reporting acquisitions of rights, acknowledgement of notices of acquisitions, inquiries, settlement of disputes if any and certification of the mutation entries.

2) Specific Rules for acquisition of rights pursuant to-

i) judgements of competent Courts.

ii) Death of an occupant, tenant or other right holder.

iii) Sub division of properties.

We have accordingly framed the Draft Rules in pursuance to the above and are pleased to request the government to adopt the same expeditiously. The salient feature of the Draft Rules is the time frame for disposal of applications for mutation.

We hope, that in case these Rules are adopted by the Government, general public can expect mutation of Record of Rights within a maximum period of say three months. The Rules will provide an opportunity to the Government to update the Record of Right particularly in matters of acquisition of rights upon the death of occupant, tenant or other right holder as well as land acquisition, and sub division.

It is common knowledge that the Record of Right which were prepared three decades ago have to a large extent remained un updated and the names of the deceased in particular continue to remain in the records for number of years. These Rules will also do away with the necessity of approaching Civil courts for Inventario in cases where there are no disputes among the heirs.

RECOMMENDATION

It is therefore recommended that the annexed set of rules be notified under the Goa, Daman, and Diu Land Revenue Code 1968 as amended vide The Goa, Daman, and Diu Land Revenue Code (Amendment) Act, 2009 (Act No 24 of 2009) and Goa, Daman, and Diu Land Revenue Code (Amendment) Act 2010 (Act No 1 of 2010).

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

DRAFT RULES

9. - Acknowledgement of reports under section 96 and Register of Mutations . (1) On receipt of a report or intimation in writing under sections 96 or 102 or of death of occupant or of adjudication by any Court, or of acquisition of land under Land Acquisition Act 1984 or of Acquisition of Rights under Goa, Daman, and Diu Agricultural Tenancy Act,1964 or Goa, Daman, and Diu Mundar (Protection from Eviction) Act 1976 along with the documents of acquisition of rights or of any other right title or interest in any immovable property situated within his jurisdiction and accompanied with correct and complete addresses of the interested parties, the Mamlatdar shall at once acknowledge its receipt in Form VIII and make separate entries in the mutation register in Form IX maintained for each village as per the report or intimation as the case may be.

10 . Notices to interested parties 1. Within seven days of recording the report or intimation in Form IX the Mamlatdar shall issue notices to the interested parties in Form X and shall also display a copy thereof on the Notice Board of the office of the Mamlatdar.

(2) Interested parties may waive notices by providing their no objection to the proposed mutation through their no objection duly supported by affidavits sworn before competent authority.

(3) No notice shall be issued when the land is acquired under the land acquisition Act 1894 or where a party acquires rights under Goa Daman Diu Agricultural Tenancy Act, 1964 and Goa, Daman, and Diu Mundkar (Protection from Eviction )Act 1976.

(4) Notices shall be served by registered post A.D or by courier services. Where the Mamlatdar is satisfied that the notices are not possible by Regd post or courier the Mamlatdar shall upon an application made by the applicant order notice to be published in any newspaper having a wide circulation in the locality.

The Mamlatdar shall issue notices for publication in a newspaper within 7 days of the application for such service .

(11) Objections- (1)- In case, any objection is received against the proposed mutation entry, the Mamlatdar shall enter the objection in the register of disputed cases in Form No…..

(2)- The Mamlatdar shall issue notice in Form XII to the person who objects the mutation entry, and upon hearing the objector shall decide the said objection within a period of sixty days from the date of objection.

12- Certification of Mutation- (1)- In case, however, the interested parties do not object to the proposed mutation within ten days of service of notice in person or through advertisement as the case may be or if the mutation application is accompanied with no objection in writing supported by an affidavit, the Mamlatdar shall proceed to confirm the mutation within ten days thereafter.

(2)- All decisions of the Mamlatdar shall be entered in Form IX and fees shall be charged as prescribed under Goa Land Revenue Code (Amendment) Act 2009. The entry shall be effected by bracketing the existing entry and entering the name of the persons who have acquired rights without any further notice.

(3)- The Mamlatdar shall enter certification under Form IX within ten days of receipt of the fees prescribed.

13) Mutation pursuant to judgement by competent Court. (i)Whenever the title and/or occupancy of any land, house or other immoveable property which bears a survey or sub division number or any part or fraction thereof is decided by a competent court by a judgment and decree, the person in whose favour the title and/or occupancy and/or possession has been adjudicated shall submit the certified copy of the said judgment and decree or certified copy of such adjudication to the Mamlatdar under whose jurisdiction the said Revenue Village falls.

(ii)Upon receipt of such a certified copy the Mamlatdar shall forth with make an order for payment of fees in terms of section 96 of the Goa Land Revenue Code and upon such payment the Mamlatdar shall make an entry about the mutation in the mutation register within ten days of payment of such fees.

14. Mutation upon death of an occupant (1)- The Mamlatdar shall upon information being received by him in writing or otherwise that the “occupant tenant, or other right holder” of any holding has died the said Mamlatdar shall make inquiries or shall get inquiries made in the village about the surviving spouse if any of the deceased and about the legal representatives of the deceased entitled to inherit the deceased occupant. Such inquiries shall be completed within thirty days of receipt of information. The Report of Enquiry shall be entered in Form No. IX A.

(2)- Within ten days thereafter the Mamlatdar shall issue notices to the persons whose names have been ascertained, calling upon them to file a statement on oath or produce any document establishing the name of the spouse of the deceased and the names of the legal representatives or other persons entitled by law to inherit the estate of the deceased within thirty days of receipt of such notice.

(3) Upon the Mamlatdar being satisfied through a summary inquiry about the veracity of such a statement the Mamlatdar shall make an entry in the mutation register by bracketing but not deleting the name of the deceased and entering the name of the spouse and or the legal representatives. The Mamlatdar shall complete the enquiry within sixty days and issue provisional certificate of inheritance in Form…...

(4) If any, of the persons entitled to inherit, produces any document from a Court to the effect that the estate and/or inheritance of the deceased occupant stands partitioned by a competent judgment and decree, the Mamlatdar shall make the entries in terms of the allotment or adjudication and in the event the said holding to which the adjudication refers has been sub divided the Mamlatdar shall direct the Survey Authorities to effect the necessary updating /changes in the survey plan subject to payment of fees prescribed under section 96.

(5) Within ten days of such payment the Mamlatdar shall make an entry about the mutation in the mutation register. The names of the persons to whom the said areas stand allotted shall be effected by bracketing the existing entries.

15. Mutations pursuant to sub divisions :- (1) Upon a sub division of a land holding being granted under the Town and Country Planning Act, any person interested may approach the Mamlatdar for mutation with the copy of Sub Division Plan.

(2) The Mamlatdar shall forward the plan to the Director of Land Survey for carrying out changes in the Plan as per Sub Division .

(3)Upon receipt of the copy of such a plan the Director of Land Survey shall within fifteen days from the receipt of such plan carry out changes as per the said Sub Division Plan.

(4)The Director of Land Survey shall allot separate survey numbers or Sub Division numbers as the case may be to each Sub divided part and send a copy of the said plan to the Mamlatdar.

(5)- The Mamlatdar shall within fifteen days from the receipt of the Sub Division Plan from the Director Land Survey to make necessary entries in the Record of Rights after following the procedure under Rules 9 to 12.

(16) - A register prescribing Form 1 in Survey Plan indicating the boundary of each survey No. or sub division No in Form XV shall be maintained by the Survey Officer and the Revenue Officer.

GOVERNMENT OF GOA

LAW COMMISSION

Report recommending amendment to Children’s Act 2003 by substituting the words “Children’s Court” by the words “Children’s Court for each District in the State of Goa” and requesting the Hon’ble High Court to appoint Additional Sessions Judges to function as full time Judges of the Children’s Courts.

Report No. 11

August 2010

LAW COMMISSION, GOA

(REPORT No. 11)

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 6 th day of August 2010.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

The State of Goa has enjoyed great reputation as a peaceful, tension free place blessed in abundance with natural beauty and inhabitated by a people who live in perfect harmony and comraderie despite following different religions and faiths. This reputation of Goa and Goans has been attracting large number of tourists from different parts of the world so much so that tourisms has now become one of the main contributors to the development of Goa and its economy.

In the recent past however this image of Goa as a haven for tourists received a severe jolt. A number of cases of sexual harassment, molestation, rape and murder of children and women were reported in succession. Some of the incidents involved foreigners. The incidents were widely reported by the print and visual media all over the world. Suddenly Goa was caught in the eye of a storm. Its image received a severe beating. What was once looked upon as the peaceful Gods Own Abode (G.O.A) appeared to be acquiring a new image as a haven for sex, drugs, rape, and murder and therefore a most unsafe place for children and women.

The issue was compounded by reports about tardy and faulty investigations by police and inordinate delay in Courts. At this juncture we, the law Commission of Goa decided to step in and investigate the facts about pendency of cases relating to sexual violence against children and women in the Courts in Goa and suggest remedial legal measures wherever possible. We therefore, invited statistics from the concerned organs of the Government.

The statistics provided by the Directorate of Child and Women Development showed that there is large pendency of cases involving Children as victims of crime. A number of cases are also pending before the Sessions Court in respect of offences relating to sexual violence in the North and South Districts. The Children’s Court functioning at Panaji functions for the entire State of Goa. The Judge appointed to constitute the Children’s Courts also

functions as a Sessions Judge for sessions work in the District and is also allotted civil work as Additional District Judge.

Prompt and fair investigation and speedy disposal of cases leading to severe punishment to perpetrators of such crimes is a sine qua non to reestablish Goa’s fair name as a tranquil holiday destination. We came across a case of rape of a foreigner in Rajasthan and were pleasantly surprised to read that the entire investigation trial and judgement were completed in a matter of a few days. It is not impossible for Goa to achieve a similar distinction.

Goa is divided into two administrative Districts. It has two District and Sessions Courts which are manned by District and Sessions Judges and several Additional District and Session Judges. Some of the Additional District and Sessions Judges are designated as judges of the Fast Track Courts which have been specially designated as such. We however have just one Children’s Court which is headed by one of the Additional Sessions Judges who used to sit in sessions in the Children’s Court twice a week. The sittings were increased to thrice a week on account of increase in the work load of the Children’s Courts. The Directorate of Women and Child Development are of the opinion that the Children Court should be a full fledged Court with a full time President so as to give speedy justice to the victims. We are not only in agreement with this view but would like to suggest creation of two full fledged Children’s Courts for the two Districts of Goa. This will require an amendment to the Children Act 2003 and a request to the Hon’ble Bombay High Court to spare two Additional Sessions Judges to constitute these two Courts. All cases relating to sexual offences against women could be allotted to the Additional Sessions Judges constituting the Children’s Court in the two Districts of Goa. For administrative convenience the Children’s Court may be designated as “Women and Children’s Court”. Proposed amendment to the Children’s Act is annexed herewith.

We are aware that creation of Courts alone are not sufficient to wipe away the stigma attached to Goa’s face. Concerted efforts by all concerned are required to instil a sense of propriety, sobriety, and good behaviour among our people.

Investigating agencies, NGO’s and general public will have to be more vigilant and proactive in protecting the tourists who visit our State and contribute in immense measure to our economic upliftment. Indian culture looks upon a visiting guest as God Himself. “Athiti Devo Bhava (A@qaQa/e w/ivaai

Bava:) ” is our creed and conviction. We hope Goans and rest of Indians as well will imbibe this spirit in their hearts and mind in immense measure.

Recommendation 1. Two Children’s Court, one for each of the District of Goa be created.

2. The Children Court Act 2003 be amended as per proposed amendment annexed hereto.

3. The Hon’ble High court be requested to appoint Additional Session Judges to function as full time judges of the Children’s Courts.

4. The Hon’ble High Court may also be requested to transfer all cases relating to sexual offences against children and women to these Courts.

5. The Children’s Court may be designated as “Women and Children Court”.

6. The Government may take appropriate steps administrative and otherwise to imbibe the spirit of Athiti Devo Bhava ( A@qaQa/e w/ivaai Bavaai) in hearts and minds of our people.

RECOMMENDATION

It is therefore recommended that amendment to Children’s Act 2003 by substituting the words “Children’s Court ” by the words “Children’s Court for each District in the State of Goa ” and requesting the Hon’ble High Court to appoint Additional Sessions Judges to function as full time Judges of the Children’s Courts.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

The Children’s Act (Amendment)Bill 2010 Bill No. of 2010 A Bill To amend the Children’s Act 2003 (Goa Act …of 2010)

Be it enacted by the Legislative Assembly of Goa in the sixtieth year of the Republic of India, as follows: 1. Short title and commencement- (1) This Act may be called the Children’s Act (Amendment) Bill 2010 which will come into force at once

2. Amendment to sec 27- The words “Children’s Court ” for the State of Goa be substituted by the words “ Children’s Court for each District in the State of Goa ”.

GOVERNMENT OF GOA

LAW COMMISSION

Proposal to make the Gomantak Marathi Academy (GMA) more democratic and accountable to its members by constituting provisions for Maha Sabha, Senate and allied matters.

Report No. 12

August 2010

LAW COMMISSION, GOA

(REPORT No. 12)

Proposal to make the Gomantak Marathi Academy (GMA) more democratic and accountable to its members by constituting provisions for Maha Sabha, Senate and allied matters.

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the day of October 2010.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

Proposal to make the Gomantak Marathi Academy (GMA) more democratic and accountable to its members by constituting provisions for Maha Sabha, Senate and allied matters

The Director of Directorate of Official Languages submitted a Note dated 04/12/2009 to the Government of Goa outlining a series of deficiencies in the Constitution of the Gomantak Marathi Akademy (GMA), a society registered under the Societies Registration Act 1860, bearing registration No. 40/GOA 1987 which has been receiving substantial grants from the Government every year.

The Director pointed out that the Government has so far given building grant of Rs. 1 crore to the GMA and annual grants since the year 2004-05 totaling in all Rs. 188 lakhs. The note says that the Government has received several complaints against the GMA which can be summarized as below:

1. The GMA has failed to complete its building inspite of substantial grants from the Government, public and the MPLAD scheme.

2. The incomplete building is deteriorating and no steps are being taken by GMA for several years to complete and maintain the building.

3. There are several faults in the Constitution of the GMA. Elections are not held according to democratic norms.

4. That the Directorate asked for explanation from the GMA on the several complaints received. The GMA refuted all allegations and maintained that their Constitution is perfect and needs no amendments.

5. That the General Body of the GMA consists of 60 elected members. It is a perpetual body out of which 1/5 members retire every year but are eligible to vote as well as contest the election which means that the same 60 members continue to be on the General Body year after year, with a few exceptions.

6. That though the Constitution provides representation to about 8 categories of members, no separate list of the members of each category is maintained. Any member of the public who signs and presents nomination form which inter alia contains a declaration that he/she shall abide by the Constitution, rules and regulations of the GMA and that his mother tongue is Marathi becomes eligible to contest the election. Such a person cannot vote at the election if he is not already a member of Aam Sabha. No list of the voters of the category from which such a candidate desires to contest is maintained. As all 60 members including those who have retired vote, same old members get re elected with a few exceptions.

7. That the Constitution, Rules and Regulations do not contain any definition clause. Hence words and phrases like representative (Pratinidhi), writer (sahityik), artist (kalakar), worker (karyakarta) convey no precise meaning and hence anyone who makes a declaration that he is a writer, artist, etc becomes eligible to contest the election. GMA explains this anomaly by stating that these terms are of a general and comprehensive nature and need no precise definition.

8. That the byelaws (Adhiniyam) of GMA clearly lay down that the GMA shall prepare every year before 31 st of March a list of its members. This indicates that vacancies have to be filled by members of the respective groups (gata) wherein the vacancy has arisen. The GMA refutes this contention.

9. That the GMA’s reply indicates that they are not interested in even considering genuine suggestions from the Government or public although it is a people’s organization.

10. That GMA has not outlined any program/ steps for completion of the building of the GMA at Porvorim .

11. That the Constitution of the GMA therefore needs to be amended.

The Director therefore proposed appointment of a Committee to study the functioning/ working of the Gomantak Marathi Akademy and to propose remedial measures for its functioning and completion of its prestigious project.

Instead of appointing a Committee as suggested, the Government decided to refer the matter to the “Law Commission to study this matter.”

The task before the Law Commission is therefore as follows- 1. To study the working/ functioning of the GMA.

2. To propose measures for completion of the building of GMA.

3. To study the Constitution and Rules and Regulations of GMA and prepare amendments to it.

4. To prepare remedial measures for carrying out the concerns expressed by the Government.

In the light of the above the Law Commission decided to study the entire matter by undertaking

1) A detailed analytical study of the Constitution and Rules and Regulations of the GMA.

2) A comparative study of Constitution and Rules and Regulations of similarly placed organizations, preferably registered under the Societies Registration Act.

3) To invite views of the members of the public regarding the concerns expressed by the Government.

4) To ascertain the views of members of Aam Sabha of GMA and its office bearer individually and or collectively.

5) To study the balance sheet and annual reports if any of the Akedemy.

6) Any other matter depending upon the prevailing circumstances.

The Law Commission accordingly obtained Constitutions, Rules and Regulations of institutions like the Gomant Vidhya Niketan, Konkan Marathi Parishad, Dalgado Konkani Akademy, Menezes Braganza Institute, Konkani Akademy, and Kala Akademy. The latter three are Government organizations and the remaining are societies registered under the Societies Registration Act, 1860.

Salient features of these Constitution and Rules and Regulations of these organizations are as follows:-

1. Goa Konkani Akademy (GKA) was established through a Government Resolution. Its Constitution outlines its objectives and provides for appointment of office bearers like the President, Vice President, and Secretary. It provides for a General Council, Executive Council and Finance Committee. The President of GKA is nominated by the Government. The Secretary is a Government servant. The Vice President is elected by the General Council. The General Council consists of nominated/ selected members. The Executive Council has nominees of the Government and the General Council. In short, the GKA is a fully Government nominated body.

2. The Institute of Menezes Braganza (IMB)is also a Government organization. Its Constitution sets out its objectives. Rules contain a Definition clause. Its authorities viz the General Council and Executive Board consist of Government nominees. Functions and powers of office bearers like the President, Vice President, and Secretary are set out in the Rules and Regulations.

3. The Kala Akademy Goa (KAG) is also a Government constituted Body. Its office bearers are Government nominees. The General council and Executive Board comprise of Government nominees, Powers and functions of office bearers and authorities are duly outlined in the Constitution.

4. The Dalgado Konkani Akademy (DKA) is different from the above three bodies. It was established by private individuals and registered under the Societies Registration Act 1860. The Constitution sets out aims and objectives. Rules and Regulation have an interpretation/ definition clause wherein all major terms used in the Rules and Regulation are defined. It has a President, Vice President and Secretary. The President is elected by the General Council from among its members. The President appoints the Vice President from amongst the members of the Managing Committee elected by the General Council. It provides for life membership of the DKA. Membership is open to those who subscribe to the objectives of the DKA and pay membership fees. The members constitute the General Council. They elect the President and eight members of the Managing Committee. Mode of election of President and Managing Committee is set out in the Rules and Regulations. Similarly power and functions of the office bearers and authority of the DKA are set out in the Rules and Regulations. The DKA is thus a legally constituted democratically governed Institution.

5. Konkan Marathi Parishad (KMP) is a privately established organization registered under the Societies Registration Act. Its Constitution provides for its establishment and aims and objectives. Its Rules and Regulation provide for Membership. It has four types of members viz. (1) Life members, (2) Institution Life members (3) Benefactors and (4) Honorary

Members. All the members constitute the General Body. They elect the office bearers and the Managing Committee. The Rules and Regulations specify the powers of office bearers and authorities. In short, this Constitution is almost identical to the Constitution of the DKA.

6. Gomant Vidhya Niketan (GVN)is the oldest Society. It was established in the year 1912. It has an open membership. Membership is of six types viz (1) Founder Member (2) Honorary Members (3) Benefactors (4) Supporters (5) Life Members and (6) Ordinary Members. It provides for election of Managing Committee, Office bearers, their tenure, etc. Membership constitutes General Body.

7. Gomantak Sahitya Sevak Mandal (GSSM)- This also has an open membership. It has categories of members. All members form General Body. General Body elects Managing Committee and Officers.

8. Marathi Bhasha Parishad (MBP)- Membership is open to all persons who subscribe to their aims and objectives. All members constitute the General Body. The office bearers and Executive Board are elected by the members of the General Body.

There is no comparison between the Government owned/ constituted organization like the Goa Konkan academy, Kala Akademy, Institute of Menezes Braganza and the peoples organization like Gomant Vidhya Niketan, Marathi Bhasha Parishad, Konkan Marathi Parishad, and Gomantak Sahitya Sevak Mandal and Dalgado Konkani Akademy. The latter four have a common feature. They have an open membership. Once a member is always a member unless he resigns, is disqualified or expelled. All members form the General Body. The members of the General Body elect office bearers and authorities of these organisations.

We now turn to Gomantak Marathi Academy. It is also a people’s organization like the GVN, MBP, KMP and GSSM and DKA which were founded by groups of like minded individuals. GMA was registered as a Society under Societies Registration Act. Detailed information about the circumstances leading to the formation of GMA and the persons who joined together to form GMA is provided by the GMA in their letter dated 17/08/2009 addressed to the Director of Official Language (Annexure B). The GMA states that on 24/5/1987 “a public meeting of Goan Marathi linguistic persons was held” at Panaji where it was resolved that Gomantak Marathi Academy be formed, established and registered under the Indian Societies Act 1860 and that “an AD-HOC Committee was constituted under the Chairmanship of Shri Narayan Athavale”. The GMA also states in their

above letter that the GMA was registered on 9 th July 1987 under No. 40/GOA 1987 under the Societies Registration Act 1860 (Central Act 21 of 1860) AD-HOC Committee called the first General Body Meeting of its members was held on 16/8/87 in which the first Executive Board was elected with Shri Gopal Mayekar as the President and Shri Somnath Komarpant as Vice President. Referring to the Article 15 of the Constitution, the GMA states that the Ad-Hoc Committee first elected sixty members of General Council.

The GMA also states, “it is pertinent to note that the Gomantak Marathi Academy is an apex organization of the Marathi linguistic persons from the state of Goa.

For a better understanding of the issues involved we decided to invite views and opinions of the general public interested in the GMA regarding the Constitution and the Rules and Regulation of the GMA. Some people met us in person and expressed their views which were noted. Some have sent their written views which have also been noted. Yet some others expressed their views publicly through the newspapers. We have also noted their views which came to our notice. The Chairman Shri R. D. Khalap also placed on record his letters to GMA and their replies with annexures.

All views and opinions are summarized as follows:

1. There should be a clause for Membership in the Constitution of the GMA. It should provide for open membership subject to payment of a prescribed fee. The membership should be individual as well as institutional. The membership may be of different types like Life Members, Patron Members Associate Members, Founder Members, Founder Institute Members, Honorary Member, etc. as envisaged in Article 15 of the Constitution of GMA.

2. There should be constituencies of Members as per the ‘gata’ or categories like Teachers Constituency, Writers Constituency, Artists Constituency, etc.

3. All the members must constitute the General Body which may be described as “Maha Sabha”.

4. The General Body should elect a 60 or more members of Senate or Aam Sabha from its various Constituents or ‘gatas’.

5. The Senate should elect from among themselves not mere than 9 members of the Governing Council including its Vice President and Secretary and also elect various other Committees specified in the Constitution.

6. The President must be a person of eminence and repute with contribution to Marathi Literature, Art and Culture in a substantial way.

7. A 5 member Council of past Presidents, current President and representatives of Honorary Members should propose a panel of three eminent persons for the post of President of GMA. Such persons should be made Honorary Members of GMA if they are not already members of GMA.

8. The Senate should then elect any one of the three panel names to be the President of GMA.

9. The tenure of all the Office Bearers, Senate and all other committees should not be more than 3 years.

10. The General Body of all Members or Maha Sabha must meet once in three years to elect Senate or Aam Sabha. The Senate should than elect President and other office bearers and Members of the Governing Council.

11. The General Body or Maha Sabha which meets once in three years must besides electing the Senate, deliberate on issues like status of Marathi education, art, literature, music and so on like a Sahitya Sanskruti Sammelan and lay down broad policy guide lines for the progress, preservation and development of Marathi language and culture in Goa.

12. The Senate or Aam Sabha must meet at least twice a year and deliberate on activities of the President and his Executive Council.

13. The President and his Executive Council should be accountable to the Senate/ Aam Sabha.

14. The Aam Sabha should have powers to remove any elected member of the Executive Committee.

We prepared a gist of recommendations based on the above and sent it to the GMA and to each of the members of Aam Sabha of GMA for the consideration of GMA, its individual members and the general public. Wide publicity was given to it through the media as well. We received no opposition to the views expressed from any person whatsoever. On the contrary almost everyone who wrote to us expressed broad agreement with the amendments to the Constitution suggested in our letter. The GMA also did not object or resist the suggestion. However, the GMA suggested that the Law Commission should prevail upon the Government to confer status of Official Language upon Marathi. They feel that the present Official Language Act is no more applicable on the ground that the said law was enacted by the than Legislative Assembly of Union Territory of Goa, Daman, and Diu and Goa has since become a “State” of the Union of India. The GMA stated – tongue-in-check- that all amendments to the Constitution suggested by the Commission will automatically come in force once the status of Official Language is bestowed upon Marathi. These views deserve no merit and we would not waste our time commenting upon it. Suffice it to say that GMA has tried to belittle both the Law Commission and the Government by bypassing the suggestions and referring to issues extraneous to our brief. We therefore decided to analyse the present Constitution and Adhiniyam of GMA and examine it in the context of the Note of the Director of Official Languages and the opinion expressed by present and past members of Aam Sabha as well as some members of the public and the response of the GMA to the missives of Director of Official Language and to its past and present members of Aam Sabha.

Article 7 of the Constitution of GMA ( gaaimaMqak/ mar/aT/e Ak/aw/ma/eca/e Gat/naa) outlines its objectives. It provides inter alia that GMA shall endeavour to protect and conserve Marathi language, literature and culture in Goa in every possible way.

Article 8 provides for funds of GMA.

Article 9,10,11,12, and 13 outline the powers and functions of its office bearers like President, Vice President, Secretary, and Finance Controller. Article 14 is a list of the various committees of GMA including its General Council.

Article 15 and 16 deals with the Constitution of Aam Sabha and its powers and functions.

Article 17 and 18 deal with the Constitution and powers and functions of the Executive Board of GMA.

The Department of Official Language (DOL) had expressed their concern by stating that in the absence of an Electoral College there cannot be any election to the general body and that it will be a travesty of democratic norms to provide that 60 members themselves will vote and constitute the 60 member Aam Sabha..

The GMA sent a lengthy reply to the DOL. They described GMA as an “apex organization of the Goan Marathi Linguistic Persons” and proceeded to allege that the Official Language Directorate has failed to interpret the provisions of the bye laws of the Academy.

The Chairman of this Commission Shri Khalap had in his personal capacity asked the GMA to clarify whether or not he and members like Shri Narayan Athavale, Shri Gopal Mayekar, and others who were the founder members of the Academy continue to be the members of the Academy or not. In response, the GMA took a categorical stand that there is nothing called founder members of GMA and that on the contrary a member of the GMA is the member of the Aam Sabha and vice versa. The GMA contends that once a member of the Aam Sabha retires from his seat in the Aam Sabha, he retires from the membership of GMA as well and that for all purposes, the status of a member of GMA who retires from its Aam Sabha is equivalent to the status of the Ex MLA or Ex MP. If this be so an Ex MLA or Ex MP would not be a voter in the electoral list of voters. Shri Khalap has placed on record of the Commission the correspondence between himself and GMA for the purpose of this reference.

It is obvious that a person retiring from Aam Sabha will continue to be the member of GMA unless removed from membership of GMA or loses his membership under relevant rules. Neither the Government nor this Commission is able to digest the GMA’S contention that at any given time the membership of GMA is equivqlent to the membership of its Aam Sabha and vice versa and that a member of Aam Sabha loses his membership of GMA on retirement from Aam Sabha. This interpretation is what is described as absurd and ridiculous by the Directorate of Official Language and the Commission cannot but agree with it.

The GMA has published their adhiniyam or bye laws. It contains what is called “some more rules for its election”. In para 1 of these rules the GMA has prescribed that a list of members of GMA ( Ak/aw/ma/ecai saw/sya) as on 31 st March shall be prepared. The method of nomination is also prescribed. Nomination have to be filed in the prescribed form. The GMA also prescribes an application for membership of GMA.

This prescribed form clearly states that the applicant desires to become a member of the GMA ( ma/e gaaimaMqak/ mar/aT/e Ak/aw/ma/ecaa saw/sya h/ai[V `@cC/qaai). This application has to be endorsed by two other members of the Academy (Ak/aw/ma/ecaa saw/sya 1 AaNa/e Ak/aw/ma/ecaa saw/sya 2). The nomination form also contains a declaration that the applicant is the member of the GMA ( ma/e /////////// gaaimaMqak/ mar/aT/e Ak/aw/ma/ecaa saw/sya AsaUna /////////). The nomination has to be proposed by another member of GMA. The form has a declaration that states that the proposer is a member of GMA and that seconder is also a member of GMA. The last part of the form is to be filled by the office of the GMA where the office has to confirm that the candidate as well as the proposer and seconder are both members of the GMA and disclose their membership numbers. The nomination paper for the post of office bearers also prescribes a declaration that the candidate and his proposer and seconder are members of GMA. The GMA officials have to certify that they are members with reference to their registration numbers as per their register of members.

It is thus clear that the Constitution of the GMA and the rules made there under do contain provisions for membership of GMA and for election of members of Aam Sabha by the members of the GMA. It is also clear that the present office bearers of the GMA have wrongly interpreted the Constitution for ulterior motives. The office bearers have set aside all democratic norms and have usurped the existing Gomantak Marathi Academy by limiting the membership to 60 and thus ensuring that each member has a place on the Aam Sabha except those that have fallen from their grace or opt not to contest elections to the Aam Sabha. In other words, a body which is contemplated to be a representative body has been made into a body of 60 members who can very well be Life Time Members if they choose to. The present office bearers of the GMA have kept away all members of GMA who are not members of its Aam Sabha and have gone to the extent of denying them their voting rights.

The Director of Official Language had informed the GMA that the provision of Constitution and adhiniyam indicate the constitution of an electoral college of the eligible members of the different groups mentioned in Article 15 of the Constitution with specific reference to the term representative or ‘pratinidhi’. Referring to the first group or ‘gata’ the Director wanted to know how and by whom the Educational Institutes would be represented in the Aam Sabha in the absence of definition of the word ‘pratinidhi’. The GMA has given a funny reply to this. They contend that the word ‘pratinidhi’ is a comprehensive term. “It includes all the persons, employees, officers, peons, watchmen, teachers, professors, lecturers, etc of all these institutions. The word ‘pratinidhi’ is a wide term and has a wide meaning”, the GMA has said. We fail to understand this mentality of the GMA office bearers. On one hand they describe the GMA as an apex body and on the other hand they do not wish to prescribe or provide any criteria to provide representation to the Goa University, its affiliated colleges, higher secondary, secondary and primary schools. To say that a watchman or a peon can represent a seat of learning like the University, is a case of clear mental degradation and bankruptcy of who ever takes such a view.

Members of Group 2 are supposed to elect 2 Representatives of Goan Marathi Literateures ( gaaimaMqak/eya mar/aT/e saa@h/qya/ek/ ) and Members of Group 3 are expected to elect 21 representatives of Marathi Literateures living in Goa (gaaivyaaaqa r/h/aqa Asalailai mar/aT/e saa@h/qya/ek). Neither the Constitution nor the Adhiniyam of GMA provide any definition of the terms like “ gaaimaMqak/eya ” and “mar/aT/e saa@h/qya/ek/ ”. The response of GMA is again absurd and ridiculous. They see no reason to define these terms. According to them the terms have a wide and comprehensive meaning and there is no scope for any interpretation. According to GMA the word “ saa@h/qya/ek ” includes all writers, poets, or writers, even those who are writing in daily newspapers, or in weeklys, fortnightly, magazines and fortnightly”. Clearly the GMA office bearers have made a mockery of the term “ saa@h/qya/ek/ ”.

Members of Group 4 are supposed to elect representatives “ pa#@qa@naWa/e ” of Goan organizations which are working for development ( A@Bava%Ww/e )of Marathi. Members of Group 6 are supposed to elect representatives of Goan Social Workers ( gaaimaMqak/eya samaaja k/aya$k/qa$i) working for development ( A@Bava%Ww/e ) of Marathi language. There is no definition of the respective terms “ pa#@qa@naWa/e ”, “A@Bava%Ww/e ”, “ samaaja k/aya$k/qa$i” or “ saMsQaa ”. The GMA sees no reason to provide any definition to these terms. For them “ samaaja k/aya$k/qaa$” means a “social worker striving for the development of Marathi Language working in different fields such as art, culture, drama for the development of Marathi Language”. They also see no reason to define “kalakar” or “kalashetra”. They are, for GMA, comprehensive terms “which include persons or artists those are striving for the development of Marathi Language working in different types Art fields such as music, drama, fine arts, performing arts, etc.”. This stand of the GMA office bearers baffled us. It is all too clear that the present office bearers have developed vested interest in the GMA and do not wish to open their ears to reason and sound counsel.

All through their reply the GMA seems to ridicule the Director of Official Language claiming through out that the Constitution has been prepared by eminent persons and hence it requires no amendments. We cannot believe that the office bearers of GMA are so naïve as to believe that Constitutions are so sacrosanct that they cannot be amended. We are sure that they are aware that Constitution of India prepared by a Committee of eminent Parliamentarians under the leadership of then Law Minister Late Dr. Babasaheb Ambedkar has been amended several times.

We have examined a number of Constitutions of social and cultural organizations, registered under Societies Registration Act. In each of such public and democratic institutions there is always a provision for enrollment of members of such organisation. The members are enrolled provided they fulfill the qualification prescribed for membership. All members constitute the general body. They remain on the roll of the organization unless disqualified from being a member or if they die or retire or are expelled under relevant provisions. The general body elects either a smaller representative body who in turn elects the office bearers or the general body directly provides for election of managing council and office bearers. Every Constitution whether it be of a Country or a social organization and every statute, Rule or Byelaw invariably has a clause defining specific words and terms used in them.

The present Aam Sabha of GMA is thus improperly and illegally constituted. The vacant posts of members retiring each year are clandestinely filled. On the spot membership is allotted to prospective candidates. There is no method of scrutiny of membership. No definition of the words ‘pratinidhi’, ‘kalakar’, ‘sahityik’, or ‘karyakarta’ is provided.

The recent elections to fill the vacant post of the Aam Sabha held on 29 th August 2010 have once again laid bare the faults in the system of elections and loopholes in the Constitution of GMA. Shri Suresh Naik editor of the Daily “Gomantak” who was a candidate for the elections from the category of “Goan Marathi Writers” has narrated his experience vide his letter addressed to the Law Commission. Shri Suresh Naik first became the member of GMA on 02/01/1989. He was a member of Aam Sabha of GMA from 1989 to 2004. He represented the category of Goan Marathi Writers residing in Goa (clause 3 of Constitution of GMA). As he desired to contest from the same category this time as well, Shri Suresh Naik asked for the list of voters as on 31 st March 2010. He was shown the list of 60 members of Aam Sabha. His name obviously was not in the list. He was told that since he had retired from the Aam Sabha he was no longer member of GMA. His protest was not heeded. Yet Shri Suresh Naik filed nomination papers claiming to be a member of GMA. His proposer and seconder had also retired from the Aam Sabha but staked claim to be members of GMA. The nomination paper was duly rejected. Shri Suresh Naik had filed his nomination as above to test the procedure of GMA. He had filed another nomination paper proposed and seconded by existing members of Aam Sabha along with an application for membership of GMA in the prescribed form. He was granted fresh membership instantly and his nomination paper was accepted. He was thus a candidate supposedly from the group of Goan Marathi Writers residing in Goa. His right to vote in his own election was denied. The existing 60 members alone were granted right to vote on 29 th August election. Few more candidates were similarly granted instant membership of GMA and allowed to file nomination from their chosen categories or “gatas”. These candidates claim to be “Goans”, “writers”, “kalakars”, etc. No proof of such claim was required to be submitted. They were not required to be members of GMA before the cut of date of 31 st March 2010. Isn’t this a mockery of the election process? The episode clearly emphasizes the need for early intervention in the affairs of GMA.

Of all the oral and written submissions received by us from the members of the GMA and general public we wish to discuss the views of Shri Gopal Mayenkar who was the founder Chairman of GMA between 1987 to 1990 and again from 1998 to 2002.

Shri Gopal Mayenkar was the former MLA of Mapusa and Minister of Education and Tourism in the Council of Ministers of Late Shri Dayanand Bandodkar. Shri Mayenkar was Professor of Marathi literature and he retired as Principal of Commerce College of Dyan Prasarak Mandal Mapusa. He is a reputed commentator of Dyneshwari which is a treatise on Bhagwat Gita by Sant Dynashwar. Shri Mayenkar in his letter dated 18/09/2010 expresses his happiness that the Government of Goa decided to entrust the issue of GMA to the Law Commission and expects that the Law Commission would be able to propose all round reforms in the Constitution of the GMA which he admits to be faulty in various respects.

He writes, “It is necessary to have illustrative definition of important words and phrases used in the Constitution as the Constitution is the foundation of the GMA. The definitions of the words like ‘govekar’, ‘sahityik’, ‘kalakar’, ‘pratinidhi’, etc are of general nature and have resulted in the present faulty working of the Academy. The word ‘govekar’ should be defined with reference to the blood relationship and inheritance as well as sufficiently long domicile supported by proper proof. The limit of domicile should be minimum 15 years also supported by proof. To be a ‘sahityik’ publication of a book with a minimum number of pages will itself not be sufficient. Literature should mean and include creative literature and should comprise of different forms of literature like poetry, short stories, novels, essays, biographies, dramas, etc. The definition must include minimum number of books with a minimum number of pages to be published by the concerned ‘sahityik’. Attempts must be made to prevent monopoly of any one category of ‘sahityiks’ representing all the writers in the Academy. It may kindly be explored whether different types of writers can be given representation on rotation basis. Best thing would be to assign the work of scrutinizing applications of writers through a committee of well known writers”.

He further adds, “it is difficult to define the word ‘kalakar’ because there are various forms of art. In Goa, itself forms of art like dramas, music, painting, dance, as well as sculpture in clay, metal and stones are being pursued. A ‘kalakar’ may belong to any such art field but a lover of such an art form may not be called a ‘kalakar’. Such a person (kalakar) should have engaged in creative art over a long period of time and should be accepted and approved by the people and the Government”.

He further writes that there must be a provision for proper constitution of constituencies of the members belonging to the categories of ‘sahityiks’, ‘kalakars’, etc as otherwise there would be attempts to control the Academy by a few vested interests. He desires that the membership of the Academy should always be open to all who abide by the aims and objectives of the Constitution of the Academy. He endorses the proposal of declaration by an applicant for membership that his mother tongue is Marathi and that a certain fee be prescribed as registration fee to provide a moral basis for membership. He supports the concept of MahaSabha comprised of all the members of the Academy, meeting once in three years as well as creation of a Senate representing various categories of members.

In particular, he welcomes the proposal that the President of the GMA should be a person of repute and eminence in the field of literature, art, and culture and that a committee should be constituted to shortlist the names of eminent persons out of which the senate should select the President for a period of 3 years. Shri Mayenkar lamented that the short comings of the Constitution were also noticed by him during his tenure but was unable to undertake amendments due to paucity of time and other pressing activities including the agitations for official status for Marathi, etc.

The Commission feels emboldened to make the recommendations appearing here after in view of the categorical views of Shri Mayenkar.

Shri Paresh Prabhu, Editor of Daily “Nav Prabha” has also made valuable suggestions regarding definitions of the words ‘sahityik’, and ‘kalakar’. Same have been included in the definition clause.

It is obvious that a public organization funded through the subscriptions of general public and supported by generous grants from the Government and public has been usurped by a handful of persons. They have played a fraud on the Constitution of the GMA. They have denied the voting rights even to the members of the GMA who founded the GMA. The present office bearers have the audacity to describe the founders of the Academy like Shri Narayan Athavale former Editor of newspapers like Sakal and Gomantak , Smt. Shashikala Kakodkar( former Chief Minister of Goa), Shri Gopal Mayekar (First President of GMA) and many others as non members and assigning them to the dustbin of the history of the GMA. We believe that only a surgical operation can resurrect the GMA from the depths of anarchy to which it has been assigned by the office bearers.

The Government has required us to study the present status of the prestigious building of the GMA as well. The land of the GMA was graciously granted by the Communidade of Serula. The Government has given a grant of about Rs. 1 crore for the construction of the building. Recently, Rs. 25 lakhs were granted as building grant. The Government spends lakhs of rupees every year on maintenance and other grants to the GMA. Since 2004 the Government has paid Rs. 1.88 crores to GMA towards maintenance. The building however continues to be neglected and dilapidated. In fact, it is an eyesore on the National Highway 17 at Porvorim. There are allegations of misuse of funds meant for construction of the building. Repairs, reconstruction and completion of the building will require substantial additional funds. Considering the present state of affairs it is next to impossible to see the building completed in near future. The Government will have to intervene and complete the building out of the public exchequer. The Government may like to entrust the work to Infrastructure Development Corporation with directions to complete the work expeditiously.

The employees of the GMA also continue to slog on meger scales. It was possible for the GMA authorities to put their employees on par with the employees of the Konkani Academy and request the Government to pay salary grants.

Under these circumstances, we feel that the following steps be taken urgently:

1) The GMA be directed to amend its Constitution to incorporate democratic principles and to make requisite changes as per suggestions discussed herein above within a specified time frame.

2) All grants to the GMA be withheld forth with and a probe be ordered in its functioning. All its assets and liabilities be evaluated. In particular, the manner in which the building grants given by the Government as well as the local MP and the public be examined to ascertain its proper utilization.

3) In the event the GMA fails to amend the Constitution as suggested, the GMA be taken over by the Government under a special enabling Act to be called the Gomantak Marathi Academy (Temporary Taking over, Management and Recommendation) Act.

4) The enabling Act should have transitory provisions for appointment of Ad-hoc Management Committee for enrollment of members, Constitution of Mahasabha, Aam Sabha and Managing Committee as per model Constitution which should have following provisions

(i)Definition clause wherein all important terms used in the Constitution be defined. (ii)Enrollment of Members of GMA and their division into well defined categories. (iii)General Body of all members of GMA or Mahasabha. (iv)A Senate of say 60 or more members elected by the General Body every 3 years. (v) Election of President of GMA who should necessarily be a person of repute and standing in the world of Art and Literature. (vi) Election of office bearers, their powers and functions. (vii)Appointment of Returning officer and mode of election. (viii)Constitution of separate Electoral colleges of members for electing members of Senate or Aam Sabha for each category of members e.g teachers, writers, artists, etc. (ix)Meetings of Mahasabha, Aam Sabha or Senate, Managing Committees and their powers and functions. (x)Removal of elected office bearers and members of Managing Committee or Senate and filling of vacant posts. (xi)Tenure of Senate and Managing Committee and office bearers. (xii)Method of Constitutional Amendments. (xiii)Provision for Removal of Difficulties. (xiv)Transitional provisions, etc.

(A Draft Constitution is appended for ready reference)

5. The prestigious building of the Academy by entrusted preferably to the Infrastructure Development Corporation with directions to complete it in all respects with or without modifications and as expeditiously as possible.

6. The affairs of GMA be ultimately entrusted to a duly elected Managing Committee after complying with all legal and administrative formalities as per enabling Act.

7. The staff members may forthwith be granted pay scales on par with the pay scales of Konkani Akademy preferably with retrospective effect.

Recommendations In view of the above we wish to make the following recommendations, 1. The Government may direct the GMA to amend its Constitution within a period of three months on the lines of the Draft amended Constitution annexed hereto

2. Upon amendment of the Constitution, elections under the amended Constitution be directed to be held within a period of 6 months thereafter.

3. The Government may, soon after amendment of the Constitution of the GMA as per above, take suitable steps to complete the GMA buildings in all respects as expeditiously as possible (preferably through Goa Infrastructure Development Corporation).

4. In the event GMA fails to abide by the above recommendations the Government may withhold all grants to the GMA forthwith and withdraw all benefits extended by the Government for any functions and for any purpose of the GMA.

5. In such an event the Government may take over the GMA under a Special Act/ Ordinance for a specified period and enforce the new Constitution of GMA as per the Draft annexed.

6. The Government may order probe in the functioning, assets and liabilities of GMA to determine whether the grants given by the Government and the local MP are properly utilized or not.

7. Staff Members of GMA may forthwith be granted pay scales on par with pay scales of staff of Konkani Akademy preferably with retrospective effect. The Government may give special salary grants for the purpose.

RECOMMENDATION

It is therefore recommended that the Gomantak Marathi Academy (GMA) be made more democratic and accountable to its members by providing for Maha Sabha, Senate and allied matters as suggested in the Draft Constitution appended hereto.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

gaaimaMqak/ mar/aT/e Ak/awAk/aw/ma/eca/e/ma/eca/e Gat/naa

1.1.1. naavnaavnaava:naav gaaimaMqak/ mar/aT/e Ak/aw/ma/eca/e Gat/naa 2.2.2. k/ayaa$layak/ayaa$laya: saMsQaicai maWyavaqa/e$ k/ayaa$laya pava$r/e yaiQai Asaila. 3.3.3. k/amak/aja/eca/e BaaXaaBaaXaa: saMsQaica sava$ k/ayaa$laya mar/aT//e BaaXaiqaUna caalaila. 4.4.4. vaXa$vaXa$vaXa$gavaXa$gagagaNanaaNanaaNanaa: saMsQaicai Aa@Qa$k/ vaXa$ 1 ]@pa#la qai 31 maaca$ Asai Asaila. 5.5.5. k/aya$xai>ak/aya$xai>a: saMsQaicai mauKya k/aya$xai>a gaaivaa r/ajya Asaila. saMsQailaa AavaSyak/qaa vaat/lyaasa gaaivyaabaah/ir/ k/aiT/ih/e k/aya$ k/r/qaa yai`$la. 6.6.6. naaiMw/Na/enaaiMw/Na/e: saMsQaica/e naaiMw/Na/e saaisaayat/eja r/@jast/^iSana Az\t/ 1860 (1960 cyaa 21 vyaa A@Wa@nayamaanausaar/) k/r/Nyaaqa Aala/e Aah/i. 7.7.7. Wyaiya Aa@Na [@}/Xt[@}/Xt/: A) gaaivyaaqa/ela mar/aT/e BaaXaa, saa@h/qya va saMsk%/qa/e yaaMcai sava$qaaipar/e saMr/xaNa Aa@Na saMvaWa$na k/r/Nai.

Aa) mar/aT/e BaaXaa va saa@h/qya yaaMcai saMSaaiWak/, r/@sak/ va saamaanya vaacak/ yaaMcyaa laaBaasaaT/e sausajja vaacanaalaya sQaapaNai.

`) mar/aT/e BaaXaa, saa@h/qya qasaica saMsk%/qa/ecai saMSaaiWana k/r/NyaasaaT/e, k/aiSa @na@ma$qa/ecai k/aya$ k/r/NyaasaaT/e qasaica gaaimaMqak/acyaa `@qah/asaacai saMSaaiWana k/r/NyaasaaT/e saaWanai va sau@vaWaa [palabWa k/r/Vna w/iNai. Asaa pa#k/lpa saur/V k/r/Nai Aa@Na r/abavaNai @k/Mvaa `qar/>a vya*k/e AQavaa saMsQaik/d/I caalaU Asalailyaa ASaa pa#k/lpaasa @vanaMqa/evar/Vna sah/ayya w/iNai, h/i sah/ayya Ak/aw/ma/ek/d/i [palabWa Asalailyaa svaqa:cyaa @naWa/eqaUna k/r/qaa yai`$la.

`$) gaaivyaaqa/ela mar/aT/e laiKak/aMca/e qasaica k/laak/ar/aMca/e saUca/e qayaar/ k/r/Nai va vaiL/aivaiL/e qa/e A{aavaqa k/ar/Nai.

[) gaaivyaaqa/ela Aa@Na gaaivyaabaah/ir//ela Qaair/ saa@h/@qyak/aMcyaa qasaica Qaair/ k/laaMvaMqaaMcyaa C/ayaa@ca>aaMcai, w/u@ma$L/ saa@h/qyaacai va k/laak%/qa/ecai w/alana @namaa$Na k/ar/Nai.

[V) gaaivyaaqa/ela mar/aT/e saa@h/@qyak/aMcyaa C/ayaa@ca>aaMcai va saa@h/@qyak/aMcai w/alana @namaa$Na k/ar/Nai.

k/) [w/yaainmauKa saa@h/@qyak/aMsaaT/e spaWaa$ Gad/vaUna AaNaNai.

Ka) pa##@qavaXa/e$ gaaivyaaqa/ela mar/aT/e laiKak/aMcyaa saa@h/@qyak%%/qa/enaa paur/sk/ar/ w/iNai. qasaica Qaair/ mar/aT//e saa@h/@qyak/anaa paur/sk/ar/ w/i[Vna gaaIr/@vaNai qasaica Qaair/ mar/aT//e saa@h/@qyak/anaa Aa@Na k/laak/ar/aMnaa qyaaMcyaa xai>aaqa/ela Bar/eva yaaigaw/anaaba}/la maanaw/ A@Wasaw/syaqva (fi/laai@Sapa) w/i[Vna @kM/vaa paur/sk/ar/ w/i[Vna sanmaa@naqa k/r/Nai. ga) mar/aT//e/ r/MgaBaUma/evar/ela gaaivyaaqa/ela k/laavaMqaanaa paa@/r/qaai@Xak/i w/i[Vna gaaIr/@vaNai.

Ga) saa@h/qyaavar/ cacaa$sa>ai va k%/@qasa>ai Bar/vaUna navaai@w/qa laiKak/aMnaa maaga$w/Sana k/r/Nai.

Na) [*ama mar/aT//e saa@h/@qyak%%/qa/e pa#k/a@Saqa k/r/Nyaasa gaaivyaaqa/ela mar/aT//e laiKak/anaa AQa$sah/ayya w/iNai va/ @kM/vaa svaqa: pa#k/a@Saqa k/r/Nai. qa) pa#k/a@Saqa ki/lailyaa pausqak/aMca/e @vaqar/Na va @vak#/e vyavasQaa k/r/Nai.

Qa) gaaivyaaqa/ela jauna/e h/sqa@la@Kaqai, w/u@ma$L/ gaM#Qa @maL/vaNai, saMga#@h/qa k/r/Nai, pa#k/a@Saqa k/r/Nai. w/) gaaivyaaqa/ela mar/aT/e laaik/ga/eqai, laaik/k/laa, laaik/saMga/eqa, laaik/naatya, laaik/na%qya, laaik/k/Qaa `qyaaw/eMcaa saMga#h/ k/r/Nyaasa [*aijana w/iNai, qasaica `/qar/ Baagaaqa/ela laaik/ga/eqai, laaik/saMga/eqa, laaik/naatya, laaik/na%qya `qya@w/Mcaa qaulanaaqmak/ AByaasa k/r/Nyaasa [*qaijana w/iNai va AWyayana saMSaaiWana @SaXyava%*a/eca/e vyavasQaa k/r/Nai.

Wa) gaaivyaaqa/ela paarM/paa@r/k/, vaIcaa@r/k/, SaIxa@Nak/, saa@h/@qyak, saaMsk%/@qak, naatya va k/laaqmak/ Aa@vaXk/ar/Mnaa saMWa/e [palabWa k/r/Vna w/iNyaasaaT/e mar/aT/e BaaXaiqa @nayaqak/a@lak/ pa#k/a@Saqa k/r/Nai. na) Ak/aw/ma/ecyaa k/ayaa$ca/e maa@h/qa/e w/iNyaasaaT/e mauKapa@>ak/a pa#k/a@Saqa k/r/Nai. pa) gaaivyaaqa/ela mar/aT/e BaaXaicaa sqar/ [McaavaNyaasaaT/e mar/aT/ecyaa @vaSaiXa AWyaapanavagaa$cai par/exaaMcai va vaa\spaWaa$cai Aayaaijana k/r/Nai. f/) Ak/aw/ma/eca/e [@}/Xt/i saaWya k/r/NyaasaaT/e @naWa/e gaaiL/a k/r/Nai, vaapar/Nai, jama/enajaumalaa GaiNai, `maar/qa @kM/vaa `maar/qa/e Kar/iw/e k/r/Nai, baaMWaNai va gar/ja pad/lyaasa qyaa @vak/Nai @kM/vaa gah/aNavat/T/ivaNai. maa>a yaasaaT/e AamasaBaica/e maMjaur/e AavaSyak/ Aah/i. ba) Ak/aw/ma/eca/e @va@vaWa k/aya$k#/ma va yaaijanaa k/a$yavaah/eqa AaNaNyaasaaT/e saMGat/naaqmak/ manauXyabaL/ [Bai k/r/Nai va k/aya$ yaSasva/e k/r/Nyaak/@r/qaa mar/aT/e saMsk/ar/ kiM/w#/i sQaapaNai qyaa@vaXaya/ecai @nayama k/r/Nai.

gaaimaMqak/ mar/aT/e Ak/aw/ma/eca/ eee @nayamaavala/e/ gaaimaMqak/ mar/aT/e Ak/aw/ma/eca/e Gat/naica/e AMmalabajaavaNa/e Kaala/ela @nayamaavala/e/ nausaar/ k/ila/e jaa`$la.

1. vyaaKyaa (A)(A)(A) 1)1)1) “Ak/aw/ma/e ” mh/Najai gaaimaMqak/ mar/mar/aT/eaT/e Ak/aw/ma/e.

2)2)2) “AWyaxa ”--- k/lama 6 pa#maaNai @navad/laila/e vyavya\\\\qa/e.qa/e.qa/e.qa/e.

3)3)3) “[paaWyaxa ”--- k/lama 7 pa#maaNai @navad/laila/e vyavya\\\\qa/e.qa/e.qa/e.qa/e.

4)4)4) “@cat/Na/esa ”--- k/lama 8 pa#maaNai naimaNauk/ k/ilaila/e vyavya\\\\qa/e.qa/e.qa/e.qa/e.

5)5)5) “@va*a A@Wak/ar/e ”--- k/lama 9 pa#maaNai naimaNauk/ k/ilailak/ilaila/e/e vyavyavya\vya \\\qa/e.qa/e.qa/e.qa/e.

6)6)6) “saa@h/qya/ek// ”--- gaaivyaacyaa saa@h/qya/ek/ jagaqaamaWyai jyaalaa saa@h/qya/ek mh/NaUna laaik/maanyaqaa Aah/i ASa/e ]Kaa{aa la@laqa vaad/:mayapa#k/ar/aqa saaqaqyaanai laiKana k/r/Naar/e va @jacyaa naavaavar/ @k/maana 100 paanaaMcai pausqak/ pa#sa/eWw/pa#sa/eWw/ Jaalai Aah/i vaa @jacyaa saa@h/qyaxai>aaqa/ela yaaigaw/anaaca/e w/Kala ]Kaaw/i sar/k/ar/ vaa sar/k/ar/maanya saMsWainai Gaiqala/e Aah/i @k/Mvaa @k/maana w/h/a vaXai$ @janai gaMBa/er/ va%*apa>a/eya laiKana k/ilai Aah/i va gaaimaMqak/eya mar/aT/e saa@h/qya sama%Ww/ k/r/Nyaaqa saaqaqyaanai @jacai yyaaigaw/anaaaigaw/ana r/a@h/lai Aah/i ASa/e saupa@r/@caqa vyavya\\\\qa/e.qa/e.qa/e.qa/e.

yaa pa#k/ar/aqa k/r/Nyaaqa Aalailai Aja$ C/anana/esaaT/e >a/esaw/sa/eya C/anana/e sa@maqa/esamaair/ T/ivaNyaaqa yaiqa/ela. yaa sa@maqa/enai maamaanyaqaanyaqaa @w/lyaasa Aja$w/ar/aMca/e k/laak/ar/ mh/NaUna naaiMw/ ki/la/e jaa`$la. sa@maqa/ecaa @naNa$ya AMqa/ema va baMWaak/ar/k/ Asaila.ila. mah/asaBaicyaa mah/asaBaicyaa saa@h/qya/ek/ gat/aqaUna C/anana/e sa@maqa/eca/e @navad/ k/aya$k/a@r/Na/e vaiL/aivaiL/e k/r/ila.

7)7)7) k/laak/ark/laak/ar////---- laaik/k/laa vaa k/aiNaqyaah/e [payaai@jaqa k/laimak/laimaWyaiWyai jyaa vyavyavya\vya \\\qa/ecaiqa/ecai mah/*vaacai va saaqaqyapaUNa$ yaaigaw/ana AAah/iah/i qasaica ]k/ k/laak/a/r/ mh/NaUna gaaivyaacyaa k/laa jagaqaamaWyai @jalaa laaik/maanyaqaa Aah/i va @jacyaa k/laaxai>aaqa/ela yaaigaw/ayaaigaw/anaaca/enaaca/e w/Kala ]Kaaw/i sar/k/ar/ vaa sar/k/ar/maanya saMsWainaiinai Gaiqala/eGaiqala/e Aah/i,Aah/i, vaa ]Kaa{aa sar/k/ar/maanya saMsWaik/d/Una paw/@vak/a, paw/va/e, sanmaana vaa maanyaqaa @maL/@valaila/e Aah/i ASa/e k/laaxai>aaqa/ela saupa@r/@caqa vyavya\\\\qa/e.qa/e.qa/e.qa/e.

yaa pa#k/arpa#k/ar/aqa/aqa k/r/Nyaaqa Aalailai Aja$ C/anana/esaaT/eC/anana/esaaT/e >a/es>a/esaw/sa/eyaaw/sa/eya C/anana/e sa@maqa/esamaair/ T/ivaNyaaqa yaiqa/ela. yaa sa@maqa/enai maanyaqaa @w/lyaasa Aja$w/ar/aMca/e k/laak/ar/ mh/NaUna naaiMw/ ki/la/e jaa`$la. sa@maqa/ecaa @naNa$ya AMqa/ema va baMWaak/ar/kbaMWaak/ar/k// Asaila.Asaila. mah/asaBaicyaa k/laak/ar/ gat/aqaUna C/anana/e sa@maqa/eca/e @navad/ k/aya$k/a@r/Na/e vaiL/aivaiL/e k/r/ila.

8)8)8) “pa#@qana/eWa/e ”--- pa#@qana/eWa/e saBaivar/ @navad/ Jaalailai saw/syasaw/sya..

9)9)9) “gaaimaMqak/eya ”--- gaaivaa pa#w/iSaaqa jyaaMcaa janma Jaalaa AaAahihi @kM/vaa@kM/vaa jyaaMcai Aa`$, vad/ela, Aaja/e Aajaaibaa vaa paNaja/e paNajaaibaa gaaivaa pa#w/iSaaqa janmalai h/aiqai ASaaMcai vaar/sa @k/Mvaa @k/maana 15 vaXai$ gaaivyaaqa k/ayama sQaaya/ek/ Asalaila/e vya@vya@\\\\qa.qa.qa.qa.

10)10)10) “mah/asaBaa ” --- k/lama 11 nausaar/ sQaapa/eqa JaJaalaila/ealaila/e saBaa.

11) “ pa#@qana/eWa/e saBaa ”--- k/lama 13 nausaar/ @navad/ Jaalaila/e saBaa

12) “maqaw/ar/ ” --- gaaimaMqak/ mar/aT/e Ak/aw/ma/ecai maqaw/ana h/h/\\\\k/k/ Asalailai saBaasaw/.

13) “maqaw/ar/ saMGa ”--- pa#@qana/eWa/e saBaivar/ @navad/Una yaiNyaasaT/e k/lk/lk/lamak/l ama 13 nausaar/ maqaw/ar/ saBaasaw/aca/e gat/@nah/agat/@nah/ayaya saUca/e.

2.2.2. @naWa/esaMga#h/: Gat/naicyaa k/lama 7 maWyai namaUw/ k/ilailyaa [@}/Xt/aMcyaa paUqa/e$saaT/e Kaala/ela s>aaiqaaqaUna @naWa/e jamaa k/ilaa jaa`$la. A) sar/k/ar/e Anauw/ana

Aa) saw/sya vaga$Na/e `) w/iNagyaa `$) T/iva/ecyaa r/Vpaanai [) k/ja$rVpaanai [V) `/maar/qa/ecai Baad/i ]) saaMsk%/@qak/ k/aya$k#/ma ]i) pausqak/ @vak#/e Aai) jaa@h/r/aqa/e va `qar/

3. Ak/aw/ma/ecai saw/syasaw/sya:

mar/aT/e BaaXaa Aapala/e maaqmaaqa%BaaXaaa%BaaXaa Aah/i Asai maanaNaar/imaanaNaar/i va qa/e gaaivyaaca/gaaivyaaca/ee r/MajyaBaaXaa vh/ava/e ASa/e @naXT/a baaL/gaNaar/i,jaaqa/e , Wama$, saMpa#w/aya qasaica s>a/epaur/VXa Asai @laMga Baiw/ na maanaNaar/i, mar/aT/e Ak/w/ma/ecyaa Wyaiya, @naXT/a maanya AsaNaar/i, qasaiMca AAk/aw/ma/eca/ek/aw/ma/eca/e mauk#/r/ k/ilaila/e f/e / vaga$Na/e @nayama/eqa Bar/Naar/i gaaimaMqak/eya/ qasaiMca gaaimaMqak/imaMqak/ mar/aT/emar/aT/e Ak/aw/ma/ecyaaAk/aw/ma/ecyaa WyaiyaWyaiya Waair/NaaMca/e jyaaca/e Wyaiya Waair/Nai @vasaMgaqa naah/eqa ASa/e gaaivyaaqa k/aya$r/qa va naaiMw/Na/ek%/qa AsalailAsalaila/ea/e saMsQaa mar/aT/e Ak/w/ma/ecai/Ak/w/ma/ecai/ saw/sya Asaqa/elAsaqa/ela.a. `cCu/k/ saw/sya @vah/eqa namaunyaaqa Aja$ k/r/qa/ela va k/aya$k/a@r/Na/eca/e maanyaqaa @maL/alyaavar/ qyaaMsa saw/syaqvaacai A@Wak/ar/ pa#apqa h/aiqa/ela.

1 saw/syaaMcai pa#k/ar/

A ) pa#aQama/ek/ saw/sya (1) sava$saaWar/Na saBaasaw/ : Ak/aw/ma/ecyaa @nayamaavalaeqa mauk#/r/ k/ilaila/e vaa@Xa$k/ f/e va / vaa@Xa$k/ vaga$Na/e @nayama/eqa Bar/lailai.

(2) Aaja/evana saw/syasaw/sya---- @nayamaavala/eqa mauk#/r/ k/ila/ela/e ]k/r/k/ma/e f/e / vaga$Na/e Bar/lailai.

(3) AaYa#yaw/aqai saw/syasaw/sya---- @nayamaavala/eqa mauk#/r/ k/ila/ela/e @k/maana ]k/]k/r/k/ma/er/k/ma/e r/r/r/\r/ \\\k/mak/ma Bar/lailai. ba ) saMsQaapak/ saMsQaa saw/sya

Ak/aw/ma/ecyaa sQaapanaisaaT/e pauD/ak/ar/ Gaiqalailyaa Kaala/ela saMsQaanaa saMsQaasaMsQaapak/pak/ saMsQaa saw/sya Asai maanaNyaaqa yai`$la.yai`$la.

A ) gaaimaMqak/ saa@h/qya saivak/ maMd/L/ ba ) gaaimaMqak/ mar/aT/e BaaXaa pa@r/Xaw/ k/ ) gaaimaMqa @va{aa @nak/iqana, mad/gaaMva saMsQaapak/ saMsQaanaa Aja$ Bar/Nyaaca/e vaa saw/syaqva f/e vaa vaga$Na/eca/evag a$Na/eca/e sasa\\\\qa/eqa/e AsaNaar/ naah/e.

k/ ) saMsQaapak/ saw/sya

gaaimaMqak/ mar/aT/e Ak/aw/ma/ecyaa sQaapanaicyaavaiL/e saMsQaica/e naaiMw/Na/e Ajaa$var/ sah/yaa k/ilailai sava$ saw/sya, pa#Qama AamasaBaicyaa @navad/NaUk/aMqa Baaga Gaiqalailai sava$ saw/sya qasaiMca pa@h/lyaa AamasaBaicai savasava$$$ saw/syasaw/sya saMsQaapak/saMsQaapak/ saw/sya mh/NaUna maanalai jaaqa/ela. saMsQaapak/ saw/syaanaa f/e vaa vaga$Na/eca/e sasasa\sa \\\qa/eqa/e AsaNaar/ naah/e.

d/ ) saMsQaa saw/sya

Ak/aw/ma/ecyaa Wyaiya WaWaair/NaaMSa/eair/NaaMSa/e @maL/qa/e@maL/qa/e jauL/qa/e Wyaiya Waair/NaM Asalaila/e saMsQaa, Ak/aw/ma/eca/e saw/sya saMsQaa h/aiNyaasa paa>a Asaila. ASaa saMsQaa @vah/eqa namaunyaaqa Aapalyaa Gat/naica/e pa#qa jaaid/Una f/e vaa vaga$Na/e/ sah/ Aja$ k/r/qa/ela. k/aya$k/a@r/Na/ecak/aya$k/a@r/Na/eca/e/e maanyaqaa @maL/alyaavar/@maL/alyaavar/ ASaa saMsQaanaa saMsQaa saw/syaqva @maL/ila.

`$ )`$ ) maanaw/ saw/sya

gaaimaMqak/ mar/aT/e Ak/aw/ma/enai vaiL/aivaiL/e maanaw/ saw/sya mh/NaUna @svak%/qa k/ilailai qasaiMca yaa pauD/i jyaaMnaa maanaw/ saw/syaqva bah/ala ki/lai jaa`$la Asai sava$.

4.4.4. saw/sya paa>aqaa @nayama

Kaala/ela paa>aqaa Asalailyaa gaaimaMqak/eya vyaa\\\\qa/eqa/e saw/syaqvaasa paa>a T/r/qa/ela. 1)1)1) vayaaca/e @k/maana AT/r/a vaXai$ pauNa$ k/ilailai. 2)2)2) pa#@qaPaa pa>aavw/ar/i mar/aT/e BaaXaa Aapala/e maaqa%Baqa%BaaXaaaXaa Aah/i Asai jaah/er/ k/r/Naar/i. 3)3)3) mar/aT/e BaaXaa r/ajyaBaaXaa vh/ava/e ASa/e pa#@qaPaapa>aavw/ar/i @naXT/a jaah/er/ k/r/Naar/i.

5. Ak/aw/ma/ecai A@Wak/ar/eA@Wak/ar/e: Ak/aw/ma/ecai A@Wak/ar//e Kaala/elapa#maaNai Asaqa/ela (1) AWyaxa (((2) [paaWyaxa (3) @cat/Na/esa

6. AWyaxaAWyaxa: 1)1)1) vayaaca/e @k/maana 30 vaXai$ pauNa$ k/ilaila/e, SaSa\\\\yaqaaiyaqaai gaaivyaaqa vaasqavya Asalaila/e, saa@h/qya, k/laa, vaa saMsk%/qa/e yaa xai>aamaWyai naamaMak/eqa Asalaila/e, va jyaaca/e maaqa%BaaXaa mar/aT/e Aah/i ASa/e gaaimaMqak/egaaimaMqak/eyaya vya@vya@\\\\qaqa Ak/aw/ma/ecaa AWyaxa h/aiNyaasa paa>a Asaila. ASa/e vyavya\\\\qa/eqa/e Ak/aw/ma/eca/e saw/sya nasalyaasa saw/syaqvacasaw/syaqvacaaa Aja$ @qacyaak/d/Una Bar/Vna Gaiqalaa jaa`$la. saw/syaqvacai va @navad/NaUk/aMcai @nayama ASaa vya@vya@\\\\qasaqasa laagaU h/aiNaar/ naah/e.

2)2)2) AWyaxAWyaxa/eyaa/eya @navad//eca/e paWw/qa Kaala/ela pa#maaNaipa#maaNai AsaAsaila:ila:-ila:ila: --- 1.1.1. AWyaxa/eya @Saf/ar/sa sama/eqa/esama/eqa/e---- @k/maana qa/ena paa>a vyavyavya\vya \\\qa/eMca/eqa/eMca/e @Saf/ar/sa AWyaxa paw/asaaT/e k/r/qa/ela.k/r/qa/ela.

@Saf/ar/sa sama/eqa/e Kaala/ela pa#maaNai Asaila:Asaila:----

1)1)1) mar/aT//e Ak/aw/ma/ecyaa maajmaaja/ea/e AWyaxaMapaIk/e jaasqa/eqajaasqa/eqa jaasqa w/aina saw/sya 2)2)2) Ak/aw/ma/ecyaa maanaw/ saw/syaana/e @navad/lailaa ]k saw/sya. 3)3)3) pa#@qana/eWa/e saBainai AapaNaamaWUana parM/qaU @va{amaana AWyaxa, [paaWyaxa vyaqa/e@r/vyaqa/e@r/\\\\qaqa @navad/lailaa ]k saw/sya , 4)4)4) sar/k/ar/ @nayau@nayau\\\\qaqa ]k/ saw/sya. spaXt/ek/r/Na: AWyaxapaw/asaaT/e `cCUk/ Asalaila/e vyavya\\\\qaeqae @Saf/ar/sa sama/eqa/ecaa saw/sya AsaNaar/ naah/e.

Aa) @Saf/ar/sa sama/eqa/e AWyaxa/eya @navad/Nauk/e AaWa/e w/aina ma@h/nai saMBaavya qa/ena [maiw/vaar/Maca/e yaaw//e pa#@qana/eWa/e saBasaBasaBaisaBa ii k/d/ik/d/i paaT/va/eala.paaT/va/eala.

`) pa#@qana/eWa/e saBaa var/ela paIk/e ]k/aca/e @navad/ AWyaxa mh/Nauna k/r/qa/ela.

`$) AWyaxapaw/acaa k/alaavaWa/e qa/ena vaXaa$caa r/a@h/la. par/MqaU nava/ena AWyaxaaca/e @navad/ h/ai`$paya$Mqa @va{amaana AWyaxa k/aya$r/qa r/ah/qar/ah/qa/ela./ela./ela./ela.

[) AWyaxaaMca/e vaagaNaUk/ Ak/aw/ma/ecyaa pa#@qaXT/ilaa baaWak/ T/r/la/e qar/ pa#@qana/eWa/e saBaa qasaa T/r/ava k/r/Vna AWyaaxaaMnaa @nava%*a vh/ayalaa Baaga paad/U Sak/ila. maa>a T/r/avaacyaa baajaUnai baailaavalailyaa pa#@qana/eWa/e saBaisa h/jah/jah/jar/h/ja r/ Asalailyaa saw/syaMapaIk/e w/aina qa%@qayaaMSaqa%@qayaaMSa saw/syaaMna/e T/r/avaacyaa baajaUnai maqaw/ana k/ilai qar/ca qaai T/r/ava saMmaqa Jaalaa Asai maanaNyaaqa yai`$la. maqaw/ana gaupqa paw/qa/enai h/ai`$la. yaa @vaXaya/ecai @nayama k/r/Nyaaqa yaiqa/ela.

[V[V[V)[V ))) AWyaxaaMnaa @nayamaanausaar/ maanaWana @maL/ila. yaasaMbaMWa/ecai @nayama k/r/Nyaaqa yaiqa/ela va qyaaMnaa pa#@qana/eWa/epa#@qana/eWa/e saBaica/e maMjaur/e @maL/alyaanaMqar/ca qai k/aya$vaah/eqa yaiqa/ela.

])])]) k/aya$k/ar/e maMd/L/, @va*a sa@maqa/e, @SaxaNa sa@maqa/e, @vasqaar/ saivaa sa@maqa/e, vagaIri/ jyaa sa@maqyaa Asaqa/ela, qyaa sava$ sa@maqyaaMcyaa AWyaxapaw/e Ak/aw/ma/ecai AWyaxa Asaqa/ela. qyaaMcyaa Anaupa@sQaqa/eqa @k/Mvaa qyaaMcyaa Aaw/iSaanausaar/ [paaWyaxa sa@maqa/ecyaa baIT/k/ecai AWyaxasQaana maM@d/qa k/r/qa/ela.

]]]i)]i)i)i) Ak/aw/ma/ecyaa pa#Saasanaaba}/la AWyaxa AamasaBailaa jabaabaw/ar/ r/ah/ela. AamasaBaicyaa @naNa$yaaca/e AMmalabajaavaNa/e k/r/Vna GaiNai h/i qyaaMcai k/qa$vya Asaila.

AaiAaiAai)Aai))) Ak/aw/ma/ecyaa pa#Saasanaacai [ccaqama A@Wak/ar/e yaa naaqyaanai sava$ A@Wak/aRyaaMcai va `qar/ k/ma$caaRyaaMcai k/ama @nayamaabar/h/uku/ma k/r/Vna GaiNai h/e qyaMaca/e jabaabaw/ar/e Asaila. qyaasaMbaMWa/e @nayama k/r/Vna qyaaMnaa pa#@qana/eWa/e saBaica/e maanyaqaa Gyaava/e laagaila.

AaIAaIAaI)AaI))) pa#@qana/eWa/e saBaasaBaa, k/aya$k/ar/e maMd/L/acyaa va `/qar/ [pasa@maqyaaMcyaa baIT/k/aMcyaa qaar/Kaa va jaagaa AWyaxa T/r/@vaqa/ela.

AzAzAz)Az))) Ak/aw/ma/ecyaa pa>avyavah/ar/ va w/pqar/ yaaca/e qapaasaNa/e AWyaxa k/r/qa/ela va saMbaM@WaqaaMnaa maaga$w/Sa$na k/r/qa/ela.

A:A:A:)A: ))) Ak/aw/ma/ecyaa @maL/k/qa/evar/ va Kacaa$var/ AWyaxa w/iKar/iKa va @nayaM>aNa T/ivaqa/ela. kkk/)k/)/)/) saw/syaaMk/d/Una qasaica sar/k/ar/k/d/Una Aalailyaa saUcanaaMcaa AByaasa k/r/Vna AWyaxa @naNa$yaak/r/qaa qyaa saMbaM@Waqa sa@maqyaaMpauD/i @kM/vaa AamasaiBaipauD/i Ti/vaqa/ela.

KaKaKa)Ka ))) Ak/aw/ma/ecyaa sava$ vyavah/ar/avar/ AWyaxa w/iKar/iKa Tivaqa/ela.

ggga)ga)a)a) AWyaxaaMna/e AWyaxapaw/acaa r/aja/enaamaa @w/lyaasa [paaWyaxa Ak/aw/ma/ecaa qaabaa sva/ek/ar/qa/ela.

7.[paaWyaxa: B)B)B) pa#@qana/eWa/e saBaa Aapalyaa saw/syaaMmaWaUna [paaWyaxaaMca/e @navad@navad// k/r/ela. [paaWyaxa ]k/ca Asaila. ]k/ahU/na A@Wak/ [maiw/vaar/aMcyaa naavaacyaa saUcanaa Aalyaa qar/ gaupqa maqaw/ana paWw/qa/enai [paaWyaxaaMca/e @navad/ h/ai`$la.

Aa) AWyaxaaMcyaa gaIr/h/jair/eqa qyaaMcyaa Aaw/iSaanausaar/iSaanausaar/ [paaWyaxa [paaWyaxa Ak/aw/ma/ecai Ak/aw/ma/ecai k/amak/aja paah/qa/ela.

`)[paaWyaxaanaa @nayamaanaUsaar/ maanaWana @maLi/la. yaa saMbaMWa/ecai @nayama k/r/Nyaaqa yaiqa/ela va qyaanaa AamasaBaica/e maMjaur/eur/e ma/eL/lyaanaMqar/ ma/eL/lyaanaMqar/ qai qai k/aya$vaah/eqa yaiqa/ela.

888.8. @cat/Na/esa: A) @cat/Na/esa h/i Ak/aw/ma/ecai pa#mauKa k/aya$k/ar/e A@Wak/ar/e Asaqa/ela. Ak/aw/ma/ecai AWyaxa, k/ayaa$Wyaxa va k/aya$k/ar/e maMd/L/anai @navad/lailaa ]k/ saw/sya ASa/e @>asaw/sya sa@maqa/e [maiw/vaar/aMca/e maulaaKaqa/e Gai[Vna @cat/Na/esapaw/asaaT/e yaaigya [maiw/vaar/aMcyaa @navad/ k/r/ela. saw/r/ @navad/elaa k/aya$k/ar/e maMd/L/aca/e maanyaqaa @maL/alyaanaMqar/ @navad/lailyaa [maiw/vaar/aMca/e naimaNaUk/ AWyaxa k/r/qa/ela.

Aa) Ak/aw/ma/ecai @cat/Na/esa h/i Ak/aw/ma/ecyaa k/aya$k/ar/e maMd/L/acai va sava$ sa@maqyaaMcai @cat/Na/esa Asaqa/ela. qyaaMnaa maqaa@Wak/ar/ AsaNaar/ naah/e. k/aya$k/ar/e maMd/L/acyaa va `qar/ sava$ sa@maqyaaMcyaa baIT/k/ecai `@qava%qa @la@h/Nai va pauD/ela saBaaMcyaa vaiL/e qai maMjaur/esaaT/e T/ivaNai h/e k/amai @cat/Na/esa k/r/qa/ela.

`) @cat/Na/esaaMca/e k/amai Kala/elapa#maaNai Asaqa/ela.

Kacair/ecyaa k/amaaqa va*k/Sa/er/paNaa, ga@qamaanaqaa va @Sasqa Ti/vaNai, sava$ baIT/k/Manaa h/jar/ r/ah/Nai.

Ak/aw/ma/ecai w/sqa]ivaja va maalama*aa yaaMcai r/xaNa k/r/Nai. Ak/aw/ma/ecyaa vaqa/enai pa>avyavah/ar/ k/r/Nai.

AWyaxaacyaa par/vaanaga/enai baIT/k/Macyaa saUcanaa saBaasaw/aMnaa w/iNai. baIT/k/Macai AamaM>aNa va k/aya$k#/ma ( Agenda) saBaasaw/aMnaa saumaar/I saaqa @w/vasa AaWa/e @maL/ila h/e Kabar/w/ar/e GaiNai.

Ka/ya$k/ar/e maMd/L/acyaa saMmaqa/enausaar/ Ak/aw/ma/ecyaa vaqa/enai k/r/ar/pa>aaMvar/ sahyaa k/r/Nai.

Ak/aw/ma/ecai [qpanna vasaUla saur/@xaqa T/ivaNai va @nayamaanausaar/ Kaca$ k/r/Nai.

@va*a A@Wak/aRyaaMcyaa k/amaavar/ w/iKaw/iKa TivaUna va @nayamaabar/h/uk/Uma va A{aavaqa (uptodate) AsaNyaa@vaXaya/e w/xa r/ah/Nai.

vaa@Xa$k/ Ah/vaala, AMw/ajapa>ak/ va qaaL/ibaMw/ qayaar/ k/r/Vna GaiNai. pa#@qa@naWa/esaBaicyaa saw/syaaMnaa qyaaMcyaa maagaNa/enausaar/ AWyaxaaMcyaa laiKa/e par/vaanaga/enai maa@h/qa/e paur/@vaNai.

Ak/aw/ma/ecyaa jamaaKacaa$cai >aImaa@sak/ AaD/avai k/aya$k/ar/e maMd/L/asa saaw/ar/ k/r/Nai.

Ak/aw/ma/ecaa vaa@Xa$k/ jamaaKaca$, AamasaBainai mauk#/r/ k/ilailyaa @h/Saiba qapaasa@nasaak/d/Una qapaasaUna Gai[Vna qaai Ah/vaala @va*a sa@maqa/e, k/aya$k/ar/e maMd/L/ va naMqar/ AamasaBailaa saaw/r/ k/r/Nai.

AWyaxaaMcyaa sa@maqa/enai saja$naSa/ela mar/aT/e saa@h/@qyak/aMSa/e saMpak$ saaWaUna qyaaNcyaa Ak/aw/ma/ecyaa k/ayaa$saaT/e [payaaiga k/r/Vna GaiNyaacyaa yaaijanaa qayaar/ k/r/Nai.

Ak/aw/ma/ecyaa k/ayaa$laya/ena k/amak/ajaasaaT/e k/aya$k/ar/e maMd/L/acaa paUva$saMmaqa/enai AvaSyak/ qaai saivak/ vaga$ Bar/Nai.

`$) yaa k/amaa vya@qa@r/*k Ak/aw/ma/ecyaa k/amak/ajaacyaa saMw/Baa$qa AaNaKa/e k/ah/e k/amai AWyaxaaMna/e @cat/Na/esaaMk/di saaipa@vala/e qar/ qa/e qyaaMnaa sva/ek/ar/ava/e laagaqa/ela.

[) k/aiNaqyaah/e @nayamaaMcyaa AQaa$@vaXaya/e gaaiMWaL/ @kM/vaa saM@w/gWaqaa @namaa$Na Jaalyaasa AWyaxaaMna/e @w/lailaa @naNa$ya @cat/Na/esaaMnaa ga#ahya maanaavaa laagaila.

[V) @cat/Na/esaaMcyaa gaIr/h/jair/eqa qyaaMcyaa k/amaaMcaa qaabaa k/aiNa/e Gyaavaa h/i AWyaxa T/r/vaqa/ela.

k/) @cat/Na/esaaMca/e paa>aqaa, pagaar/ va naaik/r/ecyaa At/e k/aya$k/ar/e maMd/L/ T/r/vaila.

9. A ) @va*a A@Wak/ar/e:

A) Ak/w/ma/ecyaa Aa@Qa$k/ vyavh/ar/ yaaijanaabaWw/ r/eqa/enai va @nayamaanausaar/ caalaavaa mh/NaUna AWyaxa, k/ayaa$Wyaxa va k/aya$k/ar/e maMd/L/asa ]k/ ASa/e @>asaw/sya sa@maqa/e [maiw/vaar/aMcyaa maulaaKaqa/e Gai[Vna gaaivaa sar/k/ar/cyaa saMmaqa/enai @va*a A@Wak/ar/e paw/asaaT/e yaaigya vya*k/eca/e @navad/ k/r/qa/ela.

Aa) @va*a A@Wak/aRyaaca/e paa>aqaa, pagaar/ va naaik/r/ecyaa At/e k/aya$k/ar/e maMd/L/ T/r/vaqa/ela.

@va*a A@Wak/aRyaaca/e k/amai: A) vaa@Xa$k/ AMw/ajapa>ak/ qayaar k/r/Vna qyaasa AmasaBaica/e maMjaur/e GaiNai.

Aa) AMw/ajapa>ak/anausaar/ @h/Saaibaavar/ @nayaM>aNa Ti/vaNai.

`) vaiL/cyaa vaiL/e @h/Saaiba qayaar/ Ti/vaNai va k/aya$k/ar/e maMd/L/acyaa pa#qyaik/ saBiacyaa vaiL/e jamaaKacaa$caa qa*k/a saaw/r/ k/r/Nai.

`$) pa#qyaik/ sa@maqa/elaa laagaNaaRyaa AMw/ajapa>ak/acaa Ak/w/ma/ecyaa AMw/ajapa>ak/aqa samaavaiSa k/r/Nai.

[) AMw/ajapa>ak/apaixaa A@Wak/ r/\k/ma Kaca$ k/r/Nai jar/Vr/ecai vaat/lyaasa qyaasa k/aya$k/ar/e maMd/L/aca/e AagaavaU maMjaur/e GaiNai.

10. Ak/w/ma/ecyaa @va@vaWa saBaa vaa sa@maqyaa:

Ak/w/ma/ecyaa @va@vaWa saBaa vvaaaaaaaa sa@maqyaa Kaala/elapa#maaNai Asaqa/ela.

A)A)A) mah/asaBaa ( General Body)

Aa) pa#@qa@naWa/e saBaa (Senate )

`) k/aya$k/ar/e maMd/L/ (Executive Board)

`$) @va*a sa@maqae ( Financial Committee)

[) pa#k/aSana sa@maqa/e ( Publication Committee)

[) @SaxaNa sa@maqa/e (Education Committee)

[V) @vasqaar/ saivaa sa@maqa/e ( Extention Service Committee)

]) AWyaxa/eya @Saf/ar/sa sa@maqa/e

]i) @navad/NaUk/ sa@maqa/e ( Election Committee )

Aai)gar/jainausaar/ @namaa$Na k/ilailyaa Kaasa sa@maqyaa ( special committees)

111111.11 . mah/asaBaa: 1)1)1) mar/aT//e Ak/aw/ma/ecai sava$ saw/sya mah/asaBaicai saw/sya Asaqa/ela.

2)2)2) mah/asaBaicai A@WavaiSana qa/ena vaXaa$qaUna @k/maana ]k/w/a Bar/@valai jaa`$la. A{a/evaiSanaacai sQaL/, vaiL/ va @vaXaya k/aya$k/ar/Na/e/ T/r/va/ela. pa#@qa@naWa/e saBainai bah/umaqaanai @naNa$ya Gaiqalyaasa sava$ saaWaar/Na saBaicyaa >aIvaa@Xa$k/ A@WavaiSanaa@Savaaya Kaasa A@WavaiSana GaiNai Ak/aw/ma/evar/ baMWanak/ar/k/ Asaila.

3)3)3) >aIvaa@Xa$k/ A@WavaiSanaaqa Ak/aw/ma/ecyaa pa#@qa@naWa/e saBaica/e @navad/ k/r/Nyaaqa yai`$la. qasaica maa@gala qa/ena vaXaa$caa Ak/aw/ma/ecyaa k/ayaa$caa Ah/vaala saaw/r/ k/r/Nyaaqa yai`$la.

4)4)4) Ak/aw/ma/ecai AWyaxa mah/asaBaicai AWyaxa Asaqa/ela.

12. mah/asaBaicai A@Wak/ar/ va k/aya$ :

1)1)1) pa#@qa@naWa/e saBaica/e qa/ena vaXaa$saaT/e @nava@navad/d/ k/r/Nai.

2)2)2) maa@gala qa/ena pa#@qa@naWa/e saBaaMcyaa @h/Saibaasa va Ah/vaalaasa saMmaqa/e w/iNai.

3)3)3) Ak/aw/ma/ecyaa pauD/ela qa/ena vaXaa$cyaa k/aya$k#/maaca/e @na@Scaqa/e k/r/Nai.

4)4)4) mar/aT/e BaaXaa va saMsk%/qa/eca/e @va{amaana @sQaqa/e, saMWa/e va qasaica mar/aT/e BaaXaa vaa saMsk%/qa/e samaair/ela Aavh/anai yaaMvar/ cacaa$ k/r/Nai.

5)5)5) AWyaxaaMcyaa par/vaanaga/enai `qar/ @vaXaya.

13. pa#@qa@naWa/e saBaa:

A) pa#@qa@naWa/e saBaa h/e mah/asaBaicyaa sava$$ saw/syaaMca/esaw/syaaMca/e pa#@qana/eWa/epa#@qana/eWa/e saBaasaBaa Asaila.Asaila. pa#@qa@napa#@qa@naWa/eWa/e saBaicyaa saw/syaaMca/e @navad/ Kaala/elapa#maKaala/elapa#maaNaiaNai k/ila/e jaa`$la. gat/ 1 AWyaxa: AWyaxaaMca/e @navad/ [pa@nawi/$/@Saqa$/@Saqa k/lamak/lama naMbar/naMbar/ 13 13 pa#maaNai pa#maaNai Asaila --- 1

gat/ 2 @va{aapa/eT sQar/avar/ela @va{amaana @Saxak/, pa#aWyaapak/ jaagaajaagaa---- 1

gat/ 3 gaaivyaaqa/ela mah/a@va{aalaya sQar/avar/ela @va{amaana @Saxak/, pa#aWyaapak/ jaagaajaagaa---- 2

gat/ 4 gaaivyaaqa/ela [ccamaaWyama/ek/ va maaWyama/ek/ sQar/avar/ela @va{amaana @Saxak/, pa#aWyaapak/ jaagaajaagaa---- 4

gat/ 5 papa#aQama/ek/#aQama/ek/#aQama/ek/ sQar/avar/elasQar/avar/ela @va{amaana@va{amaana @Saxak/,@Saxak/, jaagaajaagaa--- 888

gat/ 6 gaaivyaabaah/ir/ sQaaya/ek/ Asalailai gaaimaMqak/eya mar/aT/e saa@h/@qyak/ jaagaa-jaagaa --- 222

gat/ 7 gaaivyaaqa r/h/aqa/ Asalailai gaaimaMqak/eya mar/aT/e saa@h/@qyak/ jaagaajaagaa---- 15

gagat/t/ 8 Ak/aw/ma/ecyaa saMsQaapak/ saMsQaaMcai pa#@qa@pa#@qa@na@Wa:na@Wa: A)A)A) gaaimaMqak/ saa@h/qya/ saivak/ maMd/L/maMd/L/---- jaagaa 1 Aa) gaaimaMqak/ mar/aT/e BaaXaa pa@r/Xaw/ – jaagaa 1 `) gaaimaMqa @va{aa @nak/iqana@nak/iqana---- jaagaa 1

gat/ 9 gaaivyaabaah/ir/ vaasqavya k/rk/r/Vna/Vna AsalailaiAsalailai gaaimaMqak//eya k/laak/ar/k/laak/ar/---- jaagaa 1

gat/ 10 gaaimaMqak/aqa vaasqavya k/r/Vna Asalailaii gaaimaMqak//eya gaaimaMqak//eya k/laak/ar/k/laak/ar/- k/laak/ar/ --- jaagaa 8

gat/ 11 Ak/w/ma/ecyaa [va$r/eqa pa#aQa@mak/ saw/syaMacai w/r/ qaalaukyaasa ]k/ yaa pa#maaNai pa#@qana/eWa/epa#@qana/eWa/e----jajajajaagaaagaa 11 (@k/Mvaa jaivh/D/i qaalauki qaivh/Dyaa jaagaa)

gat/ 12 mar/aT//e Ak/aw/ma/ecaa BaUqapauva$ AWyaxayaxa---- jaagaa 1

gat/ 13 mar/aT/e Ak/aw/ma/ecyaa maanaw/ saw/syaana/e @navad/lailai pa#@qa@naWa/e-pa#@qa@naWa/e --- jaagaa 222

gat/ 14 gaaimaMqak/ mar/aT/e sasaa@h/qyaa@h/qya saMmailanaacaasaMmailanaacaa @va{amaana AWyaxaAWyaxa---- jaagaa 1

gat/ 15 pa#@qa@naWa/e saBainai Aapalyaa `cCi/nausaar/ Ak/aw/ma/ecyaa k/ayaa$sa paaiXak/ Asaqa/ela Asai @svak%/qa saw/syasaw/sya----jaagaajaagaa 3

gat/ 16 saMsQaa saw/syasaw/sya----jaagaajaagaa 1

gat/ 17 sar/k/ar/ @@nayaunayaunayau\\\\qaqaqaqa---- jaagaa 1

pa#@qa@naWa/e saBaicaa saw/sya mh/NaUna AWyaxaaMnaa maqaa@Wak/ar/ Asaila. @Savaaya samasamaana maqai Jaalyaasa qyaanaa AWyaxa mh/NaUna AaNaKa/e ]k/a maqaacaa A@Wak/ar/ Asaila. (casting vote)

14 ba) @navad/NaUk/a

(1)(1)(1) w/r/vaXa/e$ 31 maaca$ paya$Mqa Ak/aw/ma/ecyaa saw/syaaca/esaw/syaaca/e maqaw/amaqaw/ar/saMGar/saMGa @nah/aya yaaw/e jaah/er/ k/ila/e jaa`$la. jyaa saBaasaw/aMca/e naavai yaaw/eqa Asaqa/ela ASaa saBaasaw/anaaca maqaw/anaacaa h/h/\\\\k/k/ Asaila.

(2)(2)(2) @navad/NaUk/a gat/ @nah/aya GaiNyaaqa yaiqa/ela. saBaasaw/ Aapaapalyaa gat/acyaa pa#@qa@naWa/e paw/asaaT/e @navad/Nauk/aMcai Aja$ Bar/qa/ela. [maiw/vaar/ jyaa gat/acai/ / maqaw/ar/saMGaacai pa#@qa@na@Waqva k/r/V `cC/qaai. qyaa gat/aqa/ela / maqaw/ar/saMGaaqa/ela maqaw/ar/anaaca maqaw/anaaMqa Baaga Gaiqaa yaiqa/ela. ]Kaa{aa maqaw/ar/acaimaqaw/ar/acai naava ]k/ah/Una jaasqa gat/agat/aqaqa Asalyaasa qyaasa Aapalyaa Aavad/ecyaa ]k/aca gat/aqa maqaw/ana k/r/qaa yai`$la/ / [maiw/vaar/e Aja$ k/r/qaa yai`$la.

15. pa#@qa@naWa/e saBaicai A@Wak/ar/ va k/aya$: A) 1) AWyaxa/eya @Saf/ar/sa sa@maqa/sa@maqa/enaienai @Saf/ar/sa k/ilailyaa naavaamaWaUna ]k/aca/e AWyaxa mh/NaUna @navad/ k/r/Nai.

2)2)2) saw/syaamaWaUna Ak/aw/ma/ecai [paaWyaxa yaaca/e @navad/ k/r/Nai.

3) k/aya$k/ar/e maMd/L/, @va*a sa@maqa/e, pa#k/aSana sa@maqa/e, @vasqaar/ saivaa sa@maqa/e, @SaxaNa sa@maqa/e, vagaIr/i sa@maqyaaMca/e va gar/jainausaar/ `qar/ sa@maqyaaMcai saBaasaw/ @navad/Nai va qyaaMnaa maaga$w/Sa$k/ @nayama k/r/Nai,

4) @h/Saiba qapaasa@nasaaca/e naimaNaUk/ k/r/Nai.

5) Ak/aw/ma/ecai vaa@Xa$k/ @h/Saiba va AMw/ajapa>ak/ saMmaqa k/r/Nai.

6) k/aya$k/ar/e maMd/L/amaaf$/qa Aalailyaa T/r/avaaMcaa @vacaar k/r/Nai.

7) Ak/aw/ma/ecyaa ]kM/w/r/ k/aya$paWw/qa/e@vaXaya/e va yaaijanaa k/aya$@nvaqa k/r/Nyaa@vaXaya/e @nayama k/r/Nai.

8) Gat/naiqa baw/la k/r/Nai. AavaSyak/ vaat/lyaasa k/aya$k/ar/e maMd/L/anai ]k/ sa@maqa/e naimaNai va qyaa sa@maqa/ecyaa Ah/vaalaanausaar/ Gat/naiqa jaai baw/la k/r/avayaacaa Aah/i qyaalaa ]kM/w/r/ [pa@sQaqa pa#@qa@naWa/e saBaa saBaasaw/aMpaIk/e w/aina qa%@qayaaMSa saBaasaw/aMca/e maanyaqaa AsaNai AavaSyak/ Aah/i.

9) Gat/naa w/ur/Vsqa/esaaT/e baailavaayacyaa pa#@qa@naWa/e saBaa baIT//k/eca/e saUcanaa Gat/naa w/ur/Vsqa/ecyaa 15 @w/vasa AaWa/e sava$ saBaasaw/aMnaa wi/Nyaaqa yaava/e. maa>a yaa baIT/k/eqa `qar/ @vaXaya Gaiqalai jaaNaar/ naah/eqa.

10) pa#@qa@naWa/e saBaa vaXaa$qaUna ]k/w/a Bar/ila. parM/qau AWyaxaaaMnaa gar/ja vaat/lyaasa @kM/vaa k/aya$k/ar/e maMd/L/aca/e qaSa/e @Saf/ar/sa Asalyaasa @kM/vaa ]kM/w/r/ saw/syaaMpaIk/e ]k/ qa%@qayaaMSa saw/syaaMna/e maagaNa/e k/ilyaasa @cat/Na/esa @vaSaiXa pa#@qa@naWa/e saBaa w/h/a @w/vasaaMcyaa AagaavaU saUcanainai baailaavaqa/ela.

11) Ak/aw/ma/e saw/syaaMca/e vaqa$NaUk/ Ak/aw/ma/ecyaa pa#@qaXTi/laa h/ana/ek/ar/k/ T/r/lyaasa @kM/vaa saMsQaicyaa WyaiyaWaair/NaaSa/e @vasaMgaqa Jaalyaasa qyaabaabaqa saw/syaasa pa>aavw/ar/i k/aya$k/ar/e maMd/L/ jaaNa/eva w/i`$la. qyaanausaar/ qyaanai Aapalyaa vaqa$naaqa sauWaar/Na na k/ilyaasa qyaacai saw/syaqva qaaqpaur/qai sQa@gaqa k/r/qaa yai`$la. Aa@Na qyaaba}/laca/e maa@h/qa/e pa#@qa@naWa/e saBaisa @Saf/ar/Sa/esa@h/qa w/i`$la. pa#@qa@naWa/e saBaa saw/r/ saw/syaasa Aapala/e baajaU maaMd/Nyaaca/e saMWa/e w/i[Vna ]kM/w/r/ [pa@sQaqa saw/syaaMpaIk//e w/aina qa%@qayaaMSa saw/syaaMca/e maqai AnaukU/la Asalyaasa saw/syaqva r/}/ h/ai[V Sak/qai. pa#@qa@naWa/e saBaicai saw/syaqva r/}/ Jaalai k/e, qyaa saw/syaacai sava$ sa@maqyaaMvar/ela saw/syaqvah/e AapaaiAapa r/}/ Jaalai Asai samajaNyaaqa yai`$la.

12) Gat/naiqa namaUw/ pa#@qa@naWa/e saBaa saw/sya, k/aya$k/ar/e maMd/L/ va `qar/ sa@maqyaa Aaw/eMcyaa saw/syaMaca/e @navad/NaUk/eca/e pa#@k#/yaa h/aqaaL/NyaasaaT/e ]k/ @navad/NaUk/ A@Wak/ar/e va w/aina saw/syaMaca/e @>asaw/sya sa@maqa/e naimaNyaacaa A@Wak/ar/ k/aya$k/ar/e maMd/L/asa r/ah/ela.

13) pa#@qa@naWa/e saBainai T/r/@valailai `qar/ @vaXaya.

14) AWyaxaaMcyaa par/par/vaana@ganaivaana@ganai yaiNaar/i Anya @vaXaya.@vaXaya.

ba) >aIvaa@Xa$k/ Kaulyaa A@WavaiSanaacyaa AaWa/e qa/ena ma@h/nai k/aya$k/ar/e maMd/L/ Kaulyaa A@WavaiSanaaca/e qaar/eKa @naSca/eqa k/r/ila. k/aya$k#/ma T/r/@vaNyaasaaT//e @vaXaya @nayaamak/ sama/eqa/eca/e sQaapanaa k/k/r/ilar/ila.. @vaXaya @nayaamak/ sama/eqa/e/var/ AWyaxa, k/ayaa$Wyaxa va k/aya$k/ar/e@Nanai @nayau@nayau\\\\qaqa k/ilailai @qana qai saaqa saw/sya Asaqa/ela.

k/) Kaulyaa A@WavaiSanaaAa@Wa sah/a ma@h/nai sava$ saw/syaaMca/e yaaw/e gat/ @nah/aya jaah/er/ k/r/ila.

16. pa#@pa#@qa@naWa/eqa@naWa/e saBaicaa k/alaavaWa/e: pa#@qa@naWa/e saBaicaa k/alaavaWa/e qa/ena vaXaa$MsaaT/e Asaila. k/alaavaWa/e saMpaNyaaAaWa/e @k/maana 1 ma@h/naa mah/asaBaicaM A@WavaiSana Asaila va qyaaqa navyaa pa#@qa@naWa/epa#@qa@naWa/e saBaica/e @navad/ h/ai`$la.

nava @navaa$@caqa pa#@qa@naWa/e saBaa maavaL/qyaa AWyaxaaMcyaa AWyaxaqaiKaala/e Bar/ila va qyaaqa naUqana AWyaxaaMca/e @navad/ h/ai`$la. naUqana AWyaxaaMca/e @navad/ h/aiqaaxaNa/e qai AWyapaw/aca/e saU>ai h/aqa/e Gaiqa/ela.

17. k/aiNaqyaah/e k/ar/Naasqava mahmahmah/asaBaicaM mah /asaBaicaM A@WavaiSana vaa pa#@qa@naWa/e saBaa @naya@maqa vaiL/iqa na Bar/lyaasa va @naya@maqa Bar/Vna qyaaMqa AWyaxa, k/aya$Wyaxa va `qar/ paw/@Wak/aRyaaMcyaa @navad/NaUk/ na Jaalyaasa, r/@jast/^r/ Aazf/ saaisaayat/eja yaanaa Aapalyaa AKaqyaar/eqa va svaqaacyaa AWyaxaqaiKaala/e mah/asaBaicaM A@WavaiSana vaa pa#@qa@naWa/e saBaa Bar/a@vaNyaacaa va sava$ @navad/NaUk/a GaiNyaacaa A@Wak/ar/ r/ah/ela.

18. k/aya$k/ar/e maMd/L/: k/aya$k/ar/e maMd/L/acai saw/sya Kaala/elapa#maaNai Asaqa/ela. 1) Ak/aw/ma/ecai AWyaxa 2) Ak/aw/ma/ecai [paaWyaxa 3) pa#@qa@naWa/e saBainainainai Aapalyaa saw/syaaMmaWaUna @navad/lailai saaqa saw/sya.

A) k/aya$k/ar/e maMd/L/acyaa saBaisa paaca saw/syaMaca/e gaNasaMKyaa AavaSyak/ Asaila.

Aa) Ak/aw/ma/ecai @cat/Na/esa h/ica k/aya$k/ar/e maMd/L/acai @cat/Na/esa Asaqa/ela .

`) AWyaxaaMna/e Aaw/iSa @w/lyaasa @va*a A@Wak/ar/e baIT/k/esa h/jar/ r/ah/qa/ela. qyaaMnaa maqaw/anaacaa A@Wak/ar/ AsaNaar/ naah/e.

19. k/aya$k/ar/e maMd/L/maMd/L/acaiacai k/aya$k/aya$:::: A) sava$ sa@maqyaaMk/dU/na, Ak/aw/ma/ecyaa saw/syaaMk/dU/na pa#@qa@naWa/e saBaipauDsaBaipauD/i jaaNaar/i T/r/ava, yaaijanaa vagaIr/i sava$ k/ah/e k/amak/aja k/aya$k/ar/e

maMd/L/amaaf$/qa gailai paa@h/jai. qyaavar/ maMd/L/acyaa baIT/k/eqa @vacaar/@va@namaya h/ai[Vna maMd/L/acyaa A@Bapa#ayaasah/ pa#@qa@naWa/e saBaipauDi jaa`$la.

Aa) k/aya$k/ar/e maMd/L/ yaaijanaa (Schemes) qayaar/ k/r/ela va qyaa pa#@qa@naWa/e saBaipauD/i Ti/va/ela.

`) @cat/Na/esaaMna/e qayaar/ k/ilailaa vaa@Xa$k/ Ah/vaala qapaasaUna qyaacai par/exaNa k/r/Vna k/aya$k/ar/e maMd/L/ qaai pa#@qa@naWa/e saBaipauD/i Ti/va/ela.

`$) Ak/aw/ma/ecai k/ma$caar/e @navad/NyaasaaT/e ]k/ sa@maqa/e Asaila. Ak/aw/ma/ecai AWyaxa, k/aya$Wyaxa va k/aya$k/ar/e maMd/L/acaa ]k/ saw/sya ASa/e qa/e sa@maqa/e Asaila. k/aya$k/ar/e maMd/L/ qyaa ]k/ saw/syaaca/e @navad/ k/r/ela. k/ma$caar/e @navad/elaa k/aya$k/ar/e maMd/L/aca/e saMmaqa/e GaiqalyaanaMqar/ qa/e k/aya$vaah/eqa yai`$la.

202020.20 . @va*a sa@maqa/e: @va*a sa@maqa/ecai saw/sya Kaala/elapa#maaNai Asaqa/ela. 1) Ak/aw/ma/ecai AWyaxa 2) Ak/aw/ma/ecai [paaWyaxa 3) pa#@qa@naWa/e saBainai Aapalyaa saw/syaaMmaWaUna @navad/lailai caar/ saw/sya.

A) @cat/Na/esa va @va*a A@Wak/ar/e sa@maqa/ecyaa baIT/k/aMnaa h/jar/ r/ah/qa/ela. @va*a A@Wak/aRyaacyaa gaIr/h/jar/eqa laiKapaala baIT/k/aMnaa h/jar/ r/ah/qa/ela. qyaaMnaa maqaacaa A@Wak/ar/ nasaila.

Aa) @va*a A@Wak/aRyaaMna/e qayaar/ k/ilailai AMw/ajapa>ak/ qapaasaUna va gar/ja vaat/lyaasa qyaaqa f/ir/f/ar/ k/r/Vna @va*a sa@maqa/e qai k/aya$k/ar/e maMd/L/ak/d/I paaT/va/ela.

`) @va*a sa@maqa/e w/r/ qa/ena ma@h/nyaaMna/e Ak/aw/ma/ecyaa jamaaKacaa$caa AMw/aja Gai`$la. AamasaBaiqa saMmaqa k/ilailyaa yaaijanaa AMw/ajapa>ak/apa#maaNai k/aya$vaah/eqa yaiqaaqa k/e naah/e h/i paah/ela va Aapalaa >aImaa@sak/ Ah/vaala k/aya$k/ar/e maMd/L/alaa saaw/r/ k/r/ela.

`$) Ak/aw/ma/ecai [qpanna vaaD/@vaNyaasaaT/e @va*a sa@maqa/e yaaijanaa qayaar/ k/r/ela va qyaa saMbaMWa/ecyaa qapaSa/elavaar/ saUcanaaMsah/ qyaa k/aya$k/ar/e maMd/L/ak/d/i paaT/@vala.

[) @va*a sa@maqa AamasaBainai naimalailyaa @h/Saiba qapaasa@nasaak/d/Una jamaaKacaa$caa qa\qai w/r/ vaXa/e$ mai AKair/paya$Mqa qapaasaUna Gai`$la.

22212111.. pa#k/aSana sa@maqa/e: yaa sa@maqa/ecai saw/sya Kaala/elapa#maaNai Asaqa/ela. 1) Ak/aw/ma/ecai AWyaxa } pa#@qa@naWa/e saBainai @navad/lailai 5 2) Ak/aw/ma/ecai [paaWyaxa saw/sya jai AapasaamaWaUnaAapasaamaWaUna ]k/aca/e /@navad 3) pa#@qa@naWa/e saBainai @navad/lailai paaca/ saw/sya.

222222.... pa#k/aSana sa@maqa/esa@maqa/ecaicai k/ayk/aya$:a$:a$:a$: A) ga#MQa pa#k/aSanai va qaqsama `qar/ pa#k/aSanai yaaMcyaa yaaijanaa AMw/ajapa>ak/anausaar/ qayaar/ k/r/Vna qyaa k/aya$k/ar/e maMd/L/alaa saaw/r/ k/r/Nai. Aa) ga#MQa @vaqar/Nyaaca/e vyavasQaa k/r/Nai.

23 . @navad/NaUk/ sa@maqa/esa@maqa/e: @navad/N@navad/NaUk/aUk/ sa@maqa/ecai qa/ena saw/sya Asaqa/ela qyaaMca/qyaaMca/ee @navad/ k/aya$k/a@r/Na/e qa/ena vaXaa$saaT/e k/r/ila.

24. @SaxaNa sa@maqa/e: @SaxaNa sa@maqa/ecai saw/sya Kaala/elapa#maaNai Asaqa/ela. 1) Ak/aw/ma/ecai AWyaxa 2) Ak/aw/ma/ecai [paaWyaxa 3) pa#@qa@naWa/e saBainai @navad/lailai paaca/ saw/sya.

252525.25 . @SaxaNa sa@maqa/ecai k/aya$: pa#qyaik/ par/exaicaa AByaasak#/ma va paaTyak#/ma @naWaa$@r/qa k/r/Nai, qyaa pa#maaNai paaTyapausqak/aMca/e @na@ma$qa/e k/r/Nai, pa@r/xaa kiM/w/i# saur/V k/r/ai va pa@r/xaa GaiNai, [*a/eNa$ JaalailyaaMnaa pa#maaNapa>ai w/iNai AaENa pa@r/xaa- Saulk/ @naWaa$@r/qa k/r/Nai.

262626.26 . @vasqaar/ saivaa sa@maqa/e : yaa sa@maqa/ecai saw/sya Kaala/elapa#maaNai Asaqa/ela. 1) Ak/aw/ma/ecai AWyaxa 2) Ak/aw/ma/ecai [paaWyaxa 3) pa#@qa@naWa/e saBainai @navad/lailai Ak/r/a/ saw/sya.

27. @vasqaar/ saivaa sa@maqa/ecai k/aya$ : A) mar/aT/e saMr/k/ar/ k/iMw#/ sQaapaNaisQaapaNai, saa@h/qya@vaXayak/ maiL/avai Bar/vaNai, saa@h/qya@vaXayak/ / naatya@vaXayak/ cacaa$sa>ai Aayaai@jaqa k/r/Vna yaSasva/e k/r/Nai. vyaaKyaanai, k/Qaak/Qana, k/Qaa saMmailanai, k/va/e saMmailana, AByaasavaga$, @ca>apa#w/Sa$na vagaIr/i k/aya$k#/ma gaaivyaacyaa @va@vaWa Baagaaqa Gad/vaUna AaNaNai.

Aa) sa@maqa/e yaa baabaqa yaaijanaa qayaar/ k/r/ila va k/aya$k/ar/e maMd/L/acyaa maanyaqainai qa/e k/aya$@nvaqa k/r/ila.

28. @vasqaar/ saivaa sa@maqa/eca/e gaNasaMKyaa sah/a va Anya sa@maqyaaMsaaT/e @k/maana caar/ gaNasaMKyaa AavaSyak/ Asaava/e.

2929.. @naWa/e@naWa/e----@va@nayaaiga@va@nayaaiga@va@nayaaiga: saMsQaicya @naWa/ecaa @va@nayaaiga vaiL/aivaiL//e wu/r/Vsqa k/r/Nyaaqa Alailyaa 1961 cyaa Aayak/r// k/aya{aalaa Anausar/Vna k/r/Nyaaqa yai`$la.

303030.30 . laiKaa (Ak/a[Mt/) : saMsQaicai sava$ laiKa/a (@h/Saiba) @naya@maqapaNai r/aKaNyaaqa yaiqa/ela. h/i laiKaa w/r/vaXa/e$ ]k/a r/ajyasanaw/pa#apqa laiKaapaalaak/d/Una (caat$/t/ Ak/a[Mt/) qapaasalai jaaqa/ela. laiKaa 31 maaca$ r/aija/e saMva@r/qa (baMw/) k/r/Nyaaqa yaiqa/ela.

313131.31 . saMSaaiWana (w/ur/Vsqyaa) Amendments : 1961 cyaa Aayak/ar/ k/aya{aacyaa k/lama 2 (15), 11, 12 Aa@Na 13 qasaica 80 ja/e maWa/ela qar/qauw/eqa @var/VWw/ Asai k/aiNaqaih/e saMSaaiWana (w/ur/Vsqa/e) saMsQaicaa Gat/naiqa @kM/vaa @nayamaavala/eqa (Rules) @kM/vaa @va@nayamaavala/eqa (Regulation) k/r/Nyaaqa yaiNaar/ naah/eqa.

32. Gat/naa saMSaaiWana: 1. Gat/naica/e maUlaBaUqa qaqvai vagaL/Una `qar/`qar/ k/aiNaqaih/e qarqar/qaUw//qaUw/ w/ur/Vsqa @k/Mvaa vagaL/Nyaacaa @k/Mvaa Gat/naiqa navyaa qar/qauw/e k/r/Nyaacaa A@Wak/ar/ pa#@qa@naWa/e saBailaa Asaila ... maa>a 2 / 3 maqa@Wamaqa@Wa\\\\yaanaiyaanai AASaaSaa w/ur/Vsqa/e saUcanaa paa@r/w/ k/ilyaa va qaw/naMqar/ Bar/@vaNuaaqa Aalailyaa mah/asaBaiqa qyaavar/ bah/umaqaanai @Sa@Sa\\\\k/amaaiqa$bak/amaaiqa$ba Jaalyaasa qar/ca ASaa w/ur/Vsqyaa AMmalaaqa yaiqa/ela. Gat/naa w/ur/Vsqa/eca/e r/eqasar/ naaiMw/ r/@jast/^ar/ va saaisaayasaaisaayat/ejat/eja vaa qaqmasa naimalailyaa A@Wak/aRyaacyaa k/ayaa$layaaqa naaiMw/Na/e k/ila/e jaa`$la.

3. Gat/naa w/ur/Vsqa/e mauL/i navyaanai maqaw/ar/ yaa{aa k/r/avyaa laagaUna @navad/Nauk/a Gyaavyaa laagalyaasa @va{amaana k/aya$k/a@r/Na/e @navad/NaUk/ sa@maqaecaesa@maqae cae naimaNaUk/ Gat/naa w/ur/Vsqa/e JaalyaapaasaUna 30 @w/vasaaMcyaa AaMqa k/r/qa/ela. @navad/NaUk/ sa@maqa/e naimaNaUk/ JaalyaapaasaUna 60 @w/vasaaMcyaa AaMqa maqaw/ar/saMGa @nah/aya yaa{aa qayaar/ k/r/ela va pauD/ela qa/esa @w/vasaaqa @navad/NaUk/a Ga`$la va pa#@qa@naWa/e saBaicyaa sava$ / @r/ @r/\\\\qaqa jaagaa Bar/ila.

4. @va{amaana k/aya$k/ar/eNa/e sauWaar/eqa Gat/nainausaar/ nava/ena pa#@qa@naWa/e saBaa va k/aya$k/a@r/Na/ecyaa @navad/NaUk/a h/ai`$paya$Mqa A@Wak/ar/ saaMBaaL/qa/ela.

33. @na@ma$qa saMsQaa A@navaqa$na/eya ( Irrovocable ) Asaila.

34. saMsQaicai saBaasaw/qva jaaqa-Wama$-saMpa#w/aya @nar/paixar/eqyaa savaa$naa Kaulai Asaila.

35. saMsQaicaa @naWa/e Aa@Na [qpanna k/ivaL/ saMsQaica/e [@}/Xt/i saaWya k/r/NyaasaaT/eca vaapar/Nyaaqa yaiqa/ela Aa@Na qyaaqalaa k/aiNaqaah/e Baaga saw/sya vaa paw/a@Wak/ar/e yaaMcyaasaaT/e laaBa, vyaaja, laaBaaMSa ( Dividend) `qyaaw/esaaT/e vaapar/Nyaaqa yaiNaar/ naah/e.

36. Waa@ma$k/ pa#k/ar/cyaa k/aiNaqyaah/e k%/qa/e h/e saMsQaa k/r/Naar/ naah/e.

373737.37 . saMk/eNasaMk/eNa$: A) Ak/aw/ma/ecyaa pa#@qa@naWa/e saBaicai @naNa$ya Ak/aw/ma/ecyaa sava$ saw/syaaMsa va sa@maqyaaMsa baMWanak/ar/k/ r/h/qa/ela.

Aa) jyaa baabaqa gaupqa maqaw/ana paWw/qa/e Gat/naiqa sva/ek/ar/la/e Aah/i qyaa baaba/evya@qa@r/*k sava$saaWaar/NapaNai maqaw/ana h/aqa [McaavaUna k/r/Nyaaqa yai`$la. saw/syaana/e gaupqa maqaw/ana paWw/qa/eca/e maagaNa/e k/ila/e qar/ qa/e maagaNa/e maanya k/r/ava/e k/e naah/e h/i AWyaxa T/r/vaqa/ela. parMqau [pa@sQaqa Asalailyaa saw/syaapaIk/e @k/maana ]k/qa%@qayaaMSa saw/syaana/e gaupqa maqaw/ana paWw/qa/eca/e maagaNa/e k/ilyaasa qyaa T/r/avaapaur/qa/e maanya k/r/Nai AWyaxaaMnaa baMWanak/ar/k/ r/ah/ela.

`) Ak/aw/ma/ecai k/amak/aja va Gat/naica/e AMbalabajaavaNa/e yaaigya qaRh/inai h/aiNyaasaaT/e k/r/avai laagaNaar/i A@Wa@nayama k/aya$k/ar/e maMd/L/ qayaar/ k/r/ela.

`$) jyaa baabaqa/eqa @va@SaXt maqasaMKyaa namaUw/ k/ilaila/e naah/e qyaa baabaqa/eqa bah/umaqaanai @naNa$ya kilaa jaa`$la.

[) gaaimaMqak/ mar/aT//e Ak/aw/ma/ecai k/ma$caar/e gaaimaMqak/ mar/aT//e Ak/aw/ma/ecyaa @navad/NaUk/a laD/@vaNyaasa Apaa>a Asaqa/ela.

[V) gaaimaMqak/ mar/aT//e Ak/aw/ma/ecyaa k/ma$caaRyaaMnaa gaaimaMqak/ mar/aT//e Ak/aw/ma/ecyaa k/aya$k#/maaqa va gaaimaMqak/ mar/aT//e Ak/aw/ma/e saMcaa@laqa mar/aT/e saMsk/ar/ k/iMw/#aMcyaa k/aya$k#/maaqa vyaasa@paT/avar/ basaNyaaca/e mauBaa AsaNaar/ nah/e.

383838.38 . @vasaja$na@vasaja$na: saMsQaicai @vasaja$na @kM/vaa samaapana (Winding up) caa pa#saMga Aalyaasa @vasaja$naacyaa @w/vaSa/e saMsQaicai jai pa@r/saMpaqa (Assets) [r/qa/ela qai k/aiNaqyaah/e pa@r/@sQaqa/eqa saMsQaicai saw/syaaMnaa, qasaica @qacyaa k/aya$k/ar/e maMd/L/acyaa @kM/vaa Anya k/aiNaqyaah/e sa@maqa/ecyaa saw/syaaMnaa w/iNyaaqa yaiNaar/ nasaUna, qai qyaaca saMsQaicyaa [@}/Xt/aMsaar/Ka/e [@}/Xt/I Asalailyaa va 1961 cyaa Aayak/ar/ k/aya{aacyaa 80 ja/e k/alamaanausaar/ maanyapa#apqa Jaalailyaa w/usaRyaa ]Kaa{aa paUqa$-nyaasa (Charitable trust) @nagama saMsQaik/d/i sQaanaaMqa@r/qa k/r/Nyaaqa yaiqa/ela.

GOVERNMENT OF GOA

LAW COMMISSION

Law regulating the Ownership, Promotion, Construction, Sale, Management and Transfer of residential and commercial buildings, flats, apartments and similar other properties.

Report No. 13

March 2011

LAW COMMISSION, GOA

(REPORT No. 13)

Law regulating the Ownership, Promotion, Construction, Sale, Management and Transfer of residential and commercial buildings, flats, apartments and similar other properties.

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 7 th day of March 2011.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

Law regulating the Ownership, Promotion, Construction, Sale, Management and Transfer of residential and commercial buildings, flats, apartments and similar other properties

Goa, the cynosure of all eyes is attracting large number of people from all parts of the country and abroad. Our population has grown from 7.6 lakhs in 1961 to more than 1.5 million in the year 2010. This has created a huge demand for residential, commercial, and industrial accommodation. Our villages are being urbanized at a rate never seen before. Where there was once natural cover is now a jungle of concrete. Numerous builders, contractors and real estate agents have jumped in the fray and lure investors for residential and other realty. It is now officially declared, after the first phase of census 2001 that more than 60,000 new houses have come up in the last 10 years due to rising nuclear families and migration from other States. There is thus a boom in the construction industry.

Over the years the construction activity has bought with it both smiles and tears to the needy householders. Apartments and flats on the lines of other cities in the country have now sprung up in Goa. Such complexes are expected to offer common facilities to its residents. However, the experiences are often harrowing. It has been a common complaint of whosoever that responded to our appeal regarding the Real Estate situation in Goa that - a) The promoter/ builder had no proper marketable title to the property. b) That the common areas like parking areas, open spaces, and terraces were sold sometimes even to non flat owners. c) That no co-operative society or any organization is formed to take care of the complex. d) That flats are sold only on the basis of agreements of sale or contracts to construct. e) Sources of water and power are not specified. f) No provision for sewage and waste disposal is made. g) Security arrangements are lacking h) The builders flout every rule in the book while constructing and allotting the flats. i) In many cases, there is not even a proper document of handing over/documents of completion and occupation of the building. j) Construction of the building is sub-standard.

This has led to a piquant situation leading very often to frustration, litigation and loss of hard earned money invested by the flat owners. This situation was bought to the notice of Goa Legislature as early as in 1983 and Bill No. 32 of 1983 was introduced in the Goa Assembly. The Bill appears to have lapsed probably because of lack of political will to enact a law for regulating construction of building for housing purposes in the State of Goa. Although the Bill states in categoral terms that “there is no law to regulate the construction and sale of flats, shops, etc; as a consequence of which the purchasers are put to great hardships and even defrauded by unscrupulous builders. An official Bill on the present lines was moved during the time of Chief Minister Pratapsing Rane but the same had lapsed. The present Bill is a verbatim reproduction of the Goa Flats, Ownerships, Regulations Bill 1989 as presented by the Select Committee of the House headed by Dr. Luis Proto Barbosa on 27/7/1989. The original bill was moved by Shri Ramakant Khalap the Leader of the Opposition then” and now Chairman, Law Commission.

In the State of Maharashtra there are two Acts in force to prevent malpractices in the construction industry and to regulate construction, sale and management of ownership flats. These are: 1) The Maharashtra Ownership Flats ( Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

2) The Maharashtra Apartment Ownership Act, 1970.

The Government of India having taken note of the deteriorating situation in the entire country, in matters of construction, regulation, sale and management of real estate decided to request the State Government to speedily enact a law to promote “planned, healthy, transparent, efficient and competitive development” real estate and construction, sale, transfer of residential colonies, buildings and apartments, townships and other similar properties by providing for a fair and true disclosure of all facts and information on completion of real estate project and proper conveyance of title to allottees/owners of such colonies, townships, buildings, etc. circulated a Model Bill which became handy for this Law Commission to consider enacting a proper piece of legislation for the State of Goa.

Accordingly, Law Commission, Goa appealed to the people of Goa at large and particularly the stake holders in the real estate industry to convey their views/ suggestions which could be incorporated in the proposed legislation.

The Commission received several suggestions, many of which inter alia bemoaned that - a) Unscrupulous builders resorted to illegalities as regards licenses and approvals. b) Builders/promoters failed to convey proper title to the real estate purchaser. c) Builders/promoters failed to deliver documents of the possession and conveyance of ownership to the buyers of residential properties. d) Builders/promoters failed to constitute co-operative society or a valid legal organization of flat owners for management of the society. e) Sale of flats to more than one person. f) Sale of common parking places, open spaces, terraces, etc to different persons sometimes even to persons other than flat owners.

Many of these grievances were explained to us in person by aggrieved persons along with whatever documents they had in possession and urged us to come out with a law regulating Real Estate Industry as early as possible.

CREDAI (Confederation of Real Estate Developers Association of India) through their Goa Branch also approached us and made extensive presentation on the basis of another Model Act for Real Estate Regulation of Development compiled by them.

The Model law proposed by Government of India provides for a Regulatory Authority and an appellate Authority to decide all matters pertaining to Management; sale and control of construction of apartments. The Model law proposed by CREDAI contains Chapters proposing establishment of the Regulatory Authority and Appellate Tribunal.

The Law Commission is of the view that there should be no authorities in addition to the existing statutory authorities in Goa in order to avoid multiplicity of regulatory authorities and consequent corruption and red tapesim. The Law Commission is of the opinion that the legislation ought to be administered by way of deterrence and proposes different punishments in case of its violations. The punishment may go upto 2 years imprisonment and a fine of upto 10 lakhs. The proposed legislation has the following salient features- 1) Compulsory execution of agreement containing details including carpet area, details of construction, and providing of all documents establishing title. 2) Compulsory transfer of apartment along with land and building to co-operative society or association and only in case where such

organization cannot be formed, individuals Sale Deeds can be executed with proportionate rights in the land. 3) Prohibition on Mortgage of land/apartment without consent of the purchaser. 4) No receipt of money without letter of allotment or without entering into agreements. 5) Prohibition to collect the entire amount of consideration before delivery of possession. 6) Penalty in case of non compliance of the provisions of the Act.

By another recommendation the Law Commission desires to propose reduction in Stamp Duty to 1% for Housing Co-operative Societies as well as reduction of Registration fees from the existing 2% to 1% as a measure of promoting incorporation of Co-operative Housing Society as against other forms of conveyance of ownership.

With the above views in mind and in consideration of the views of both builders/promoters as well as existing and prospective flat owners and upon consideration of Model Law proposed by Government of India and Model Law by CREDAI. Law Commission has drafted a special Bill which we have named as “Goa Real Estate (Promotion, Control and Development) Bill 2011. The same is annexed to this Report.

RECOMMENDATION

1) “The Goa Real Estate (Promotion, Control and Development) Act 2011” as proposed may be enacted.

2) Stamp Duty for conveyance in favour of Co-operative Housing Society be reduced to 1% irrespective of quantum of consideration.

3) Registration fee for registration of Co-operative Housing Society be reduced to 1% irrespective of quantum of consideration.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

GOA REAL ESTATE (PROMOTION CONTROL AND DEVELOPMENT) BILL 2011 (proposed) AN ACT

To regulate, control and promote planned and healthy development and construction, sale, transfer and management of colonies, residential and commercial buildings, apartments and other similar properties, and to facilitate the smooth and speedy construction and maintenance and transfer of such colonies, residential and commercial buildings, apartments and sub- divided properties and for matters connected therewith or incidental thereto.

Be it enacted by Goa Assembly in the Year 2011 of the Republic of India as follows:

PRELIMINARY

1. Short title, extent and commencement:

(1) This Act shall be called the Goa Real Estate (Control and Development) Act, 2011.

(2) It extends to the State of Goa.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2. Definitions:

In this Act, unless the context otherwise requires, -

(a) “advertisement” means visible representation made to the general public either through announcement or display or in any other manner, whatsoever, offering for sale, a sub-divided plot, residential or commercial building or apartment or inviting persons to take such plot, building or apartment;

(b) “allottee”, in relation to a residential or commercial building, apartment, premises, flat, shop, office, garage, spaces, basement/stilt parking area or plot, means the person to whom such residential or commercial building or apartment or premises or flat or shop or office or garage or space or basement/stilt parking lots or plot has been allotted, sold or given on rent, lease or otherwise transferred by the promoter;

(c) “apartment”, whether called dwelling unit, flat, premises, including shops, garages, offices, suite, tenement, unit or by any other name, means a separate and independent unit located in a basement or cellar or on one or more floors or any part thereof, in a residential and/or commercial building or on a plot of land, used or intended to be used for residential or commercial purpose, or for any other type of independent use ancillary to such purposes and includes garage or basement/stilt parking space in the basement/stilt floor of a building, whether or not adjacent to the residential or commercial building in which such apartment is located which has been provided by the promoter for the use of the allottee for parking any vehicle, or as the case may be;

(d) “advocate” means a person enrolled an Advocate under the provisions of The Advocates Act 1961.

(e) “architect’ means a person registered as an architect under the provisions of the Architects Act, 1972 (20 of 1972);

(f) “association” means a body of individuals, whether registered or not under any special statute, comprising of number of the holders of apartments in any building or colony, be that a registered society, co-operative society, a company, association of persons, condominium, etc., as the case may be;

(g) “building” means a structure meant for human habitation residential or for commercial use or both constructed on any land by use of any construction material;

(h) “building regulations” means the rules or regulations or byelaws made under any law for the time being in force for the erection or re-erection of buildings or parts thereof and for the purpose of this Act includes zoning or development control regulations framed under such law;

(i) “colony” means an area of land divided or proposed to be divided into plots meant for construction of residential, commercial or industrial buildings or any one or more such purposes, as well as a group of such buildings constructed or proposed to be constructed in such area, with or without sub-division thereof into plots, but does not include an area of land divided or proposed to be divided —

(i). for the purpose of agriculture; or

(ii). as a result of partition of lands owned by joint family unit, or partition of the lands devolved on account of inheritance and/or succession from common ancestors or partition of a joint or common holding between the co- owners thereof but not with the intention of disposing the plots so partitioned for earning profits; or

(iii). in furtherance of any scheme sanctioned by the government or lawful authority, under any other law for the time being in force; or

(iv). for setting up a housing colony for the labourers or the employees working in any industry or factory, without any profit motive; or

(v). when total number of sub-divided plots do not exceed five or construction erected or to be erected in the area does not exceed a single building.

(j) “common areas and facilities” means common passages, staircase, lift area, common terraces, water tank and underground sump etc., in or pertaining to the concerned building, and includes common foot paths, club house, open spaces, internal roads, swimming pool, sewerage treatment plant, composting unit, watchman cabin, area for usage of government supplies such as electricity, water, telephone, gas, etc, to be contained within the area of the colony;

(k) “common expenses” means -

(i). all sums reasonably lawfully assessed or actually incurred for maintenance, repairs, administration, etc., of the colony or building and for provision of common amenities to the colony or the building, or the allottees of any apartment or plot therein,

(ii). any expenses incurred under the provisions of this Act or under the provisions of any other law for the time being in force, or otherwise agreed upon or resolved by majority of the members of by the Association in a meeting, as common expenses;

(iii). the Government and municipal taxes, levies, fares, fees etc., including ground rent and property tax, which is not assessed separately for each apartment;

(l) “company” means a company formed and registered under the Companies Act, 1956 (1 of 1956) and includes, -

(i). a corporation established by or under the Central Act or State Act;

(ii). a development authority or public authority established by the Government in this behalf under any law for the time being in force;

(m) “competent authority” means the local civic authority or authority under Town and Country Planning Act or any other statutory authority which exercises authority over area under its jurisdiction, and has powers to give permission for development or construction or supervision of development on that land.

(n) “contractor” means a person who has entered into a contract with the promoter or any other person authorized by him, for execution of any work, supply of goods, services, materials or equipment and includes, –

(i). his legal representatives,

(ii). successors in title or permitted assignees,

(iii). unless otherwise excluded, all sub-contractors who have similar arrangement with the contractor for execution of any work, supply of goods, services, materials or equipment;

(o) “current rate of interest” means the interest on Fixed Deposits for a term of one year as paid by the State Bank of India to any individual, at the relevant time;

(p) “development” with its grammatical variations and cognate ex-pressions, means carrying out of construction activities of building, engineering activities or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment;

(q) “development charges” means the cost of development works;

(r) “development works” means the internal development works and external development works;

(s) “director”, in relation to a firm, means a partner of the firm, and in relation to a development authority or public authority means a person who takes decisions on matters of policy in his office or designated as such by the said authority.

(t) “engineer” means a person who possesses a bachelor’s degree or equivalent from an institution recognized by the All India Council of Technical Education or is registered as an engineer as defined under any law for the time being in force;

(u) “external development work”, means all such development works within the colony but outside the buildings in the same colony and includes, roads, road side drains, street lights, landscaping, children play area, garden, swimming pool, club house etc., for the benefit of colony;

(v) “Government’ means the Government of Goa.

(w) “internal development work”, means all such development works within the building in a colony and includes providing of elevator/lift system, fire extinguishing equipments, laying of electrical cables for passage and staircase lighting up to the meter box to be provided in the building, laying of pipes for water supply for each of the premises in the building from over head tank up to each premises, outlet pipes from the kitchen, bath and WC from each of the premises in the building up to the chamber provided on the ground near such building, laying of cables for telephone and cable TV from each of the premises in a building up to the junction box outside or in the terrace of such building;

(y) “land’ means a portion of the surface of the earth, comprising the ground or soil and everything under it or over it, and things which are attached to the earth, such as buildings, structures and trees, things which are permanently fastened to the earth or things attached to the earth, easements, rights and appurtenances belonging to them and the benefits arising out of such earth and includes the sites of villages or towns;

(za) “local authority” means the City Corporation of Panaji or Municipal Council under Goa Municipalities Act or Village Panchayat under Goa Panchayat Raj Act;

(zb) “market” means a place,-

(a) to sell; (b) to offer to sell; or (c) to engage in any transaction or other activities which shall or is likely to lead to a sale.

(…) “organization” means a Co-operative Society formed under The Goa Co-operative Societies Act, 2001, or a Company formed under the Companies Act, 1956, or an Association formed under The Societies Registration Act, 1860, for the purpose of maintenance of the buildings and common amenities.

(zd) “owner” means the owner of apartment having undivided interest in common areas and facilities appurtenant to such apartment in the percentage specified. (ze) “person” includes, - i. an individual, ii. an individual in partnership with others, iii. a company, iv. a firm, v. a local authority, an association of persons or a body of individuals, whether incorporated or not, vi. joint family, vii.…. trust; and viii. any such other entity as the Government may, by notification in the Official Gazette, specify in this behalf;

(zf) “prescribed” means prescribed by rules made under this Act;

(zg) “project” means the real estate project under this Act;

(zh) “promoter” means, - i. a person who constructs or causes to be constructed a residential or commercial building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees; or ii. a person who develops a colony for the purpose of selling to other persons all or some of the plots, whether with or without structures thereon;

Explanation :- For the purposes of sub-clauses (i) and (ii), where the person who constructs a residential or commercial building or converts a residential or commercial building into apartments or develops a colony, and the person who sells apartments or plots are different persons, both the persons shall be deemed to be the promoters; iii. any development authority or any other public body, as the Government may, by notification in the Official Gazette, specify in respect of allottees of a. residential or commercial buildings or apartments constructed by them on lands owned by them or placed at their disposal by the Government; or b. plots owned by them or placed at their disposal by the Government. iv. organization who constructs apartments or residential buildings for its members, in respect of the allottees of such apartments or residential buildings. v. any other person who poses himself as a builder, colonizer, contractor, developer, promoter or by any other name or claims to be acting the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or colony is developed; vi. such other person who constructs any building or apartments for sale to general public or for its own use as the Government may, by notification in the Official Gazette, specify;

(zi) “property” means the land, the building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and includes every type of right and interest in land which a person can have to the exclusion of other persons, such as possession, use and enjoyment free from interference, right of disposition and franchises;

(…) “prospectus” means literature outlining the main features of the project, giving details of business addresses, booking agents, and artistic view of the buildings/villas with other amenities of the project;

(zj) “real estate management” includes the activities of, i. development of colonies and their management; ii. promotion of construction, sale, transfer and management of residential buildings, apartments or other similar properties;

(zk) “Schedule” means the Schedule annexed to this Act.

Responsibilities of promoter and allottee:

3. Responsibility of the promoter to make available for inspection, all documents and information to persons intending to take plot or building or apartment in the real estate project:

A promoter who develops or intends to develop a real estate project, shall be liable to make available or cause to be made available for inspection the sanction accorded by the Competent Authority, to all persons taking or intending to take a plot, a building or an apartment on ownership basis in the project, at the time of making advance payment or at the time of executing the Agreement, all such information and documents which shall include but not be limited to the following, namely:-

(a) details of approvals granted by the Competent Authorities;

(b) Title certificate issued by Advocate showing marketability of the land;

(c) full and true disclosure of his enterprise details such as name, registered address, type of enterprise (proprietorship, societies, partnership companies, local authority etc.), registration details under the law registered etc.;

(d) a full and true disclosure of the nature of his title to the land on which the real estate project is developed or intended to be developed:

Provided that if such land is owned by another person, the consent of the owner of such land for the development of the project shall also be furnished.

(e) details of all encumbrances on such land, including any rights, title, interest or claim of any party in or over such land;

(f) the layout plan of the real estate project;

(g) the plan of development works to be executed in the project as approved by the competent authorities;

(h) the plan and specifications of the building or apartments constructed or to be constructed on the land, common areas, carpet, built up and super built up areas, facilities and common services proposed including lifts, fire- fighting equipment as required or approved by the local authority concerned in accordance with the provisions of the building regulations in force, and supply of electricity and water, sewerage and drainage systems to be supplied by the local bodies;

(i) the details of the parts of the colony or apartments and the appurtenant areas that are intended to be kept as common areas and facilities;

(j) the names and addresses of the authorized agents, property dealers, brokers or middlemen by whatever name called; (k) the names and addresses of the architect, engineer and contractor retained for construction of the building or apartments; and

(l) such other information and documents as may be prescribed.

4. Issuing of advertisement or prospectus inviting advance or deposit:

(1) The advertisement by way of prospectus issued or published shall contain details of location of the site, membership of the Promoter with any Association/Organization having affiliation with any Associations or Confederation of developers, true statement and disclose, the area of the plots, building or apartments offered for sale, nature of title to the land, names of the agents or property dealers or brokers or middlemen known by any other name through whom the property proposed to be marketed and such other matters as may be prescribed.

5. Responsibility of promoters regarding veracity of the advertisement or prospectus:

When any person makes an advance or a deposit on the basis of the information contained in the advertisement or prospectus and if there is variance in actual development, the allottee is free to withdraw from the project provide no agreement is executed between the allottee and the Promoter.

Provided that if the person affected intends to withdraw from the project, he shall be returned his entire advance investment along with the current rate of interest as defined hereinabove, and such allottee shall not be entitled for any sort of compensation in this regard.

6. Agreement between promoter and allottee:

(1) Notwithstanding anything contained in any other law for the time being in force, a promoter shall not accept any sum of money as advance payment or deposit, from a person who comes forward to purchase a plot, building or apartment, as the case may be, without issuing Letter of Allotment and proper receipt for the same and thereafter enter into a written agreement, which shall contain particulars detailed out in schedule I. In case any amount accepted under letter of allotement before the agreement is entered into , an agreement containing all details in terms of schedule I shall have to be entered into within 3 months from the receipt of the amount. (2) The consideration shall be payable by the allottee to the Promoter either based on the stages of construction as may be specified in the Letter of Allotment or the Agreement for Sale, if the construction is in progress, or shall be based on fixed period if the construction is complete. However more than 95% of the total consideration amount cannot be collected before giving possession of the apartment/plot as the case may be.

(3) The agreement referred to in sub-section (1) shall contain particulars detailed out in Schedule I and shall specify inter alia, the schedule of development of the project including the construction of building and apartments, along with specifications of internal and external development works, the dates and manner by which payments towards the cost of the plot, building or apartment are to be made by the allottees and the date by which the possession of the plot, building or apartment would be handed over.

(4) The promoter shall not cancel unilaterally without any breach of the agreement of sale entered into under sub-section (1), and if he has sufficient cause to cancel it, he shall give due notice to the other parties to the agreement and tender a refund of the full amount collected at the time of executing the Deed of Cancellation of the earlier Agreement if such Agreement was executed. Amount of such refund shall be collected by the allottee from the office of the Promoter or the Promoter may refund the same without any interest by way of Cheque or Demand Draft and send the same to the address of the alllottee as mentioned in the Agreement through Registered Post A.D. or Courier Service.

7. Responsibility of Promoter to take steps for formation of a Cooperative Society or company for maintaining and conveying the property: On completion of the entire development and minimum number of persons required to form a Cooperative society or a company have taken possession of the premises, the promoter shall within the period of one month from the date of receipt of Occupancy Certificate for entire development submit an application to the Registrar for registration of the organization of persons who have entered into an agreements to purchase apartments or, as the case may be, as a company; and the promoter shall join, in respect of the premises which have not been taken in such application for membership of a co-operative society or as the case may be of a company. Nothing in this section shall affect the right of the promoter to dispose of the remaining apartments in accordance with the provisions of this Act. The promoter shall be liable to payout goings to such society or company in respect of the unsold premises.

Provided that, if the promoter fails within one month to submit an application to the registrar for registration of society in the manner provided in the Goa Co-operative Societies Act, 2000, the registrar of Co-operative Societies receiving an application from the required number of persons as specified in the said Act, who have entered into agreement in terms of 4(1) of this Act from the said promoter, direct the District Deputy Registrar, Deputy Registrar or as the case may be, Assistant Registrar concerned, to register the society.

Provided further that, no such direction to register any society under the preceding proviso shall be given to the district Deputy Registrar, Deputy Registrar or, as the case may be Assistant Registrar without first verifying authenticity of the applicants’ request and giving the concerned promoter a reasonable opportunity of being heard.

8. Responsibility of the Promoter regarding the account of sums taken from or on behalf of the allottees:

Promoters shall maintain, including as provided in Schedule II, all accounts of sums taken from and on behalf of allottees, register and record for audit purposes to be audited by a Chartered Accountant.

9. Responsibility of the promoter to the allottees during project period:

(1) Once the promoter enters into an agreement of sale with the allottee for transfer of the ownership by sale or lease of the plot or building or apartment, he shall be responsible to make available or cause to be made available, in addition to the information specified in section 6, the following in respect of the real estate project, namely:-

(a) display on site details of the approvals and licences given by the authorities and the names of Architect/Engineers of the project;

(2) The promoter shall also be responsible to furnish on demand and on payment of such charges of the aforesaid documents, to the allottees individually or collectively.

(3) It shall be the responsibility of the promoter to obtain a completion certificate of the building or apartments from the concerned competent authority as per building regulations in force and make it available to the allottees individually or to an authorized collective of alottees as the case may be.

(4) If, after the construction of the building or apartments, the promoter does not apply, within a reasonable time, or is unable to so apply, for an completion certificate from the competent authority, the allottee of the building or apartment may apply for such certificate to the said authority and such authority may grant the required certificate.

(5) The cost incurred by the allottee in obtaining the above certificate under sub section (4) shall be recoverable from the promoter.

(6) The promoter shall also prepare and maintain all such other details as may be prescribed including the details as provided under Schedule II.

10. Adherence to approved plans, and project specifications by the promoter:

(1) After the layout plan of the plots in a colony or the plans and specifications of the building or apartment, as the case may be, are approved and the same are disclosed or furnished to the person who agrees to take the building or apartment, the promoter shall not make any alterations in the structures indicated therein provided such alterations are permissible as per The Goa Land Development and Building Construction Regulations or any other Regulations which are in force and such clauses are provided in the agreement between the alltotee and the Promoter and which do not prejduice the allottee.

(2) After the plans and specifications of the buildings as approved by the local authority as aforesaid, are disclosed or furnished to the persons who enters into agreement in terms of Section 4, the promoter shall not make: i) Any alterations in the structures described therein in respect of the apartment or apartments which are agreed to be taken, without the previous consent of that person; or ii) Any other alterations or additions in the structure of the building without the previous consent of all the persons who have agreed to take the apartments in such building.

Provided that after the possession of the building or apartment is handed over to the allottee, the promoter shall not be responsible if additions and alterations are done in the building or apartment by the allottee or occupier, in violation of the building regulations and without the consent of the promoter, project architect and project engineer, in writing.

(3) Subject to the provisions of sub-section (1), the building or apartments shall be constructed and completed in accordance with the plans and structural designs and specifications as referred to in sub-section (1) and if any defect in the building or apartments or in the material used in the construction is brought to the notice of the promoter within a period of two years from the date of handing over possession, it shall, wherever possible, be rectified by the promoter without further charge to the persons who have taken the building or apartments, and in other cases such persons shall be entitled to receive reasonable compensation.

(4) Where there is a dispute as regards any defect in the building or apartments or material used in the construction, or the reasonable possibility for the promoter to rectify any such defect or the amount of reasonable compensation payable in respect of any such defect.

11. Handing over of apartment, common areas and execution of the conveyance deed documents to the Collective:

(1) After obtaining the Occupancy Certificate of the entire development the promoter shall take all necessary steps to convey the exclusive ownership of the entire land with all the buildings constructed thereon to the Co-operative Society or a Company or a Association as the case may be, and if such co- operative society or company or association or condominium cannot be formed, shall execute conveyance of the apartment along with proportionate share in the land as well as proportionate share in the common areas in favour of the person with whom he had executed an agreement of sale of the apartment.

(4) The promoter shall not reserve any right in that property except to the extent of the apartments which he is taking up in his own name and the apartments which are unsold.

(5) After obtaining the completion certificate as provided in sub-section (3) of section 9 and handing over physical possession of the plots or buildings or apartments to the allottees in terms of this section, it shall be the responsibility of the promoter to hand over the possession of the common areas and appurtenants and also the originals of the plans and documents to the Cooperative Society or Company or Association of the allottees formed and registered under any other law for the time being in force:

12. No mortgage without consent:

(1) No promoter shall, after he executes an agreement to sell any plot, building or apartment, mortgage or create a charge on such plot, building or apartment without the previous written consent of the person who has taken or agreed to take such plot, building or apartment and if any such mortgage or charge is made or created without such previous consent after the registration of the agreement under section 10, then notwithstanding anything contained in any other law for the time being in force, it shall not affect the right and interest of the person who has taken or agreed to take such plot, building or apartment.

(2) Where a promoter has executed an agreement of sale of plot, building or apartment with a allottee and has not yet received from such allottee all the amounts agreed to be paid, the allottee shall not mortgage or create a charge against such plot, building or apartment without the previous written consent of the promoter:

Provided that the promoter shall not withhold consent if the mortgage or charge is proposed to be made or created for the purpose of obtaining finance for the payment of the amounts due to the promoter.

Provided further that the financial institutions/banks with whom mortgage is proposed to be created by the allottee, shall produce sanction letter from such financial institutions/banks, and assuring that the payment will be directly made to the Promoter as per the time schedule mentioned in the Agreement.

13. Supply of essential services:

(1) It shall be the responsibility of the promoter to provide services such as light in passages and staircases, lifts, fire extinguishing equipments as per agreement executed with the allottee of the building or apartment. However, it shall be the responsibility of the government to provide water, electricity, drainage, sewerage connections, roads etc., as the Promoter has paid the necessary Infrastructure Tax to the Government as per The Goa Tax on Infrastructure Act.

(2) The details of the services referred in sub-section (1) above which forms the responsibility of the Promoter, shall be kept by the Promoter in the form of a statement and further shall make it available on demand to the allottee or Association of allottees the applications made to the Government agencies for the supply of essential supplies such as water, electricity, drainage, sewerage connections etc.

14. General liabilities of allottees:

1. Every allottee who has entered into an agreement of sale to take a plot or an apartment under section 6 shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement and shall at the time of taking possession of the plot or apartment or building under section 9 pay the proportionate share of the municipal taxes, water and electricity charges, ground rent, if any, and other charges, in accordance with such agreement.

2. Every allottee shall cooperate in the formation of a Co-operative Society or a Company or a Association as the case may be and without reasonable excuse shall not fail to comply with the requirement of the bye laws or articles of association of such organization.

3. Every allottee shall pay to the cooperative society or the company or the association as the case may be charges for maintenance of the property, management of the society and other amounts permissible to be collected under such organization formed.

4. Every allottee shall immediately on taking possession of the premises from the Promoter, shall get transferred in their name, house-tax, electricity connection and water connection, by obtaining the NOC for such transfer from the Promoter. If the allottee fails to transfer the above said services in the name of the allottee and further defaults in payment of such services to the concerned departments, the allottee shall be solely responsible for such act.

OFFENCES AND PENALTIES

15. Penalty for contravention of sections 3 to 10 etc :

Whoever, without reasonable cause, fails to comply with, or contravenes, the provisions of sections 3 to 10 shall be liable to imprisonment for a term which may extent to 3 months and/or a fine of rupees up to three lakhs only.

16. Punishment for non compliance of Secs. 11 to 13:

Whoever without reasonable cause, fails to comply with or contravenes, the provisions of Section 11 to 13 shall be liable to imprisonment for a term which may extend to two years and fine up to Rupees ten lakhs.

17. Penalty for non-payment by the allottee under section 14:

Any allottee who without reasonable cause, fails to comply with, or contravenes, the provisions of section 14, shall be liable to a penalty which may extend to Rupees one lakh. However, if the Promoter desires to terminate the agreement with the allottee on account of such contraventions, the Promoter shall refund to the allottee the entire amount paid by the allottee towards the apartment, without any interest thereon but after deducting a sum of Rs.1,00,000/- towards the penalty as stated above.

18. Penalty for Contravention of other provisions of the Act or Rules made there under:

Any person, or promoter, or architect, or engineer, or estate agent, or contractor who, without reasonable cause, fails to comply with, or contravenes, any other provision of this Act or of any rules made there under, or does not pay the penalty imposed on him shall, if no other penalty is expressly provided for the offence under this Act, be liable to a penalty which may extend to rupees ten lakhs.

19. Offences by companies:

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section, shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation :- For the purpose of this section, -

(a) “company” means any body-corporate and includes a firm or other association of individuals; and

(b) “director in relation to a firm, means a partner in the firm.

20. Compounding of offences:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, may either before or after the institution of the proceeding, be compounded by a court before which such proceedings are pending.

21. Offences to be cognizable:

All offences under this sections shall be non-cognizable and bailable.

Miscellaneous

22. Jurisdiction of court:

(1) No court inferior Judicial Magistrate of the First Class shall try any offence punishable under this Act.

(2) No court shall take cognizance of an offence punishable under this Act or any rules or regulations made there under, except upon a complaint on writing by the allottee.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for the Judicial Magistrate of the First Class to pass a sentence of imprisonment or of fine or both under this Act.

23. Power to make Rules: (1) The Goa Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

24. Protection of acts done in good faith:

No suit, prosecution or other legal proceedings shall lie against the Government for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or rules and regulations made thereunder.

25. Act to have overriding effect:

The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Schedule- I [See sub-section (1) of section 6]

Contents of the agreement and accompanying documents

The agreement shall contain, inter alia, in the case of apartments, and development of plots the following particulars, namely: -

(1) details of the liability of the promoter to construct the apartments according to the plans and specifications, approved by the authority, which is required so to do under any law for the time being in force;

(2) the date by which the possession of the apartment is to be handed over to the allottee;

(3) the area of the apartments on carpet area built-up area basis, and the plan of the apartment shall show sizes area of the balconies;

(4) the price of the apartment which shall be inclusive of proportionate price of the common area and facilities to be paid by the allottee of the apartment and the intervals at which the installments thereof may be paid;

(5) the precise nature of the association to be constituted of the persons who have taken or are to take the apartments;

(6) the nature, extent and description of the common areas and facilities and the limited common areas and facilities, if any;

(7) the percentage of undivided interest in the common areas and facilities, if any, pertaining to the apartment to be sold, such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of all the apartments;

(8) the statement of the use for which the apartment is intended and restrictions on its use, if any;

(9) the liability of the promoter to develop the requisite infrastructure i.e., internal development works as per approved standards.

(10) the details of essential services to be provided and extent thereof such as water supply, electricity, passages, staircases, sanitary services, etc. by the local body such as water supply, electricity, sewerage connection, drains, roads, etc.

(11) The details of the conversion sanad, development permission, construction licence issued by the concerned authorities;

(12) Details of the Infrastructure Tax paid to the Government under The Goa Tax on Infrastructure Act, 2009.

(13) The details of the membership of the Promoter with any organization, association of Real Estate Developers which are affiliated to all India Federation or Confederation, giving its full address of the ‘Consumer Redressal Forum’ formed by such organization, with contract telephone numbes, e-mail ID etc., and other relevant particulars with regard to the same.

Schedule- II [See section 8]

Promoter’s responsibility regarding the account of sums taken from or on behalf of the allottees

(1) The promoter shall maintain a separate account in their books of account any of sums taken by him from, or on behalf of, persons intending to take or who have taken a plot, building or an apartment, as advance towards sale price or for any other purpose, or as deposit including any sum so taken towards the share capital for the formation of a cooperative society or a company, or towards the outgoings (including ground rent, if any, municipal or other local taxes, charges for water or electricity, revenue assessment, interest on mortgages or other encumbrances, if any, stamp duty and registration fee for the agreement of sale and conveyance deed). Responsibility of promoter for outgoings till transfer

(1) A promoter who has collected from the allottees, sums for the payment of outgoings shall pay all outgoings (including ground rent, municipal or other local taxes, charges for water or electricity, interest on mortgages or other encumbrances, if any, provided it is so agreed between the allottee and the Promoter in the Agreement) until he transfers the physical possession of the property to the allottees or till the amount so collected is exhausted, whichever is earlier.

(2) Where any promoter fails to pay all or any of the outgoings as specified in sub-clause (1) hereinabove, collected by him from the allottees before transferring the property to such allottees the promoter shall continue to be liable even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be responsible for the cost of any legal proceedings which may be taken therefore by such authority or person.

Refund of amount

(1) If the promoter fails or is unable to give possession, of a plot or building or an apartment,

(a) in accordance with the terms of the agreement or, as the case may be, duly completed within the period specified therein or any further date agreed to by the parties; or

(b) due to discontinuance of his business as a promoter on account approvals being revoked by competent authority or any other reason. he shall be liable on demand, without prejudice to other remedies to which he may be liable, to refund the amounts already received by him in respect of that plot, building, or apartment with interest at a rate not exceeding the current rate of interest.

(2) The interest referred to in sub-section (1) shall be chargeable from the date the promoter received the amount or any part thereof till the date the amount or part thereof and interest thereon is refunded and such amount and interest shall be a charge on the land and other structures thereon.

Promoter’s responsibility to maintain accounts, registers and records and to get his accounts audited

(1) A promoter shall maintain proper books of accounts and make available statement of such accounts for inspection by the association of allottees.

Audit

(1) The promoter or estate agent or contractor, as the case may be, shall get his accounts audited as per Income Tax Act and Rules in force.

GOVERNMENT OF GOA

LAW COMMISSION

Amendment of Land Acquisition Act 1894 to enable the Collectors to award compensation at market rates and other benefits according to Rehabilitation and Resettlement Policy of the Government.

Report No. 14

May 2011

LAW COMMISSION, GOA

(REPORT No. 14)

Amendment of Land Acquisition Act 1894 to enable the Collectors to award compensation at market rates and other benefits according to Rehabilitation and Resettlement Policy of the Government .

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 6 th day of May 2011.

The Law Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

Amendment of Land Acquisition Act 1894 to enable the Collectors to award compensation at market rates and other benefits according to Rehabilitation and Resettlement Policy of the Government

India is galloping towards a new horizon of wealth and prosperity. It is looking forward to a day when it will emerge as the Super Power. Its growth engines are showing admirable outputs. Per capita incomes are booming. Socio economic indicators of health, wealth and infrastructure are constantly on the rise. Population no doubt is growing but so too is the middle income section of the population. Infant mortality rates have come down drastically. Average life span has increased to almost 70 years. Sparkling new Airports, Metros, highways and Urban Conglomerates now define the life style at least of the urban Indians. Fashion and design now dictate food habits, clothing, housing, education and everything else. Two wheelers, cars, television sets, refrigerators, washing machines and white goods of every kind are now available off the shelf. In short, India is on the threshold of the elite club of developed Countries.

All this development is for a price. It has taken a toll of the rural landscape. Pristine agricultural land is being invaded to satiate the appetite for change and development. The farmer is being uprooted to provide the infrastructure needed for growth.

The common method of taking over land for public purposes is the age old Land Acquisition Act enacted way back in the year 1894.The methodology is simple. The process is set rolling by declaring government’s intention to acquire land for a public purpose through a notification under section 4 of the Land Acquisition Act 1894. The land in question is surveyed, mapped and measured. Compensation to be paid to the land holders is determined by the Collectors on the basis of local enquiry. Price of similarly situated lands in the vicinity on the date of the first notification declaring government’s intention to acquire the land is taken into consideration. Objections to acquisition are brushed aside under a spacious plea that public purpose overrides all other concerns. Claims for higher compensation as well as disputes regarding apportionment of the compensation awarded are referred to the District Courts for decision under section 18 of the Land Acquisition Act. Simple it may sound. But the entire methodology adopted by the bureaucracy is time consuming, apathetic and harsh upon the landholder. Land acquisition is in fact land confiscation for the crime of holding rights in the land fancied by the authorities as most suitable for the so called “public purpose”. Years pass between the date of first notification and date of actual disbursement of compensation. Quite often the land holder loses both his shelter and means of livelihood. Compensation awarded is so abysmally poor that it defies even the definition of the word compensation. The scale of injustice meted out to landholders in the name of public purpose defies all logic. No wonder that at times the pent up anger of the land losers manifests in violent agitations as witnessed in recent years in places like Singur and Nandigram in West Bengal, Noida in Uttar Pradesh and Gurgao in Haryana.

It is therefore time to take a hard and close look at the process of statutory land acquisition and ensure adequate and efficacious compensation to the land holders whose land is acquired and guaranteeing simultaneously alternate shelter and means of livelihood in appropriate cases. Ms Sonia Gandhi, Chairperson of UPA in one of her recent reactions to agitations by farmers has set out a road map for land acquisition. She said, “…. If farmers are of necessity deprived of their land based livelihood, they must be provided with adequate compensation and alternate occupation.” This principle must also be extended to non farmers who lose their shelter or livelihood or both. The logic is simple. The land holders in the neighborhood of projects set up on acquired land end up benefiting from the project. The potential of their lands increases many fold and they reap dividends for all times to come while the land loser is left cursing his fate and of course the powers that be responsible for his loss. This unjust system must be done away with forthwith.

Fortunately, free consultancy in this regard is available. Government of Haryana is now the Role Model for the entire Nation. They have unveiled a fair, just and equitable land acquisition policy. They have hiked the compensation payable to the farmer and laced it with inflation linked royalty payable for 33 years at the rate of Rs.21000/- to Rs.42000/- per acre per year which is linked to inflation and is increased every year by Rs.750/- to Rs.1500/- depending upon the locality of the land acquired. They have fixed floor rate of land at prices ranging between Rs.12 Lakhs to Rs.42 Lakhs per acre depending again on location of land and its potential for development. In addition, a no litigation incentive at the rate of 20% of the compensation in addition to interest and solatium is offered to the land holders if they agree not to take the matter to the courts. If the land is acquired for a private developer, floor rates and annuity rates are still higher. Residential plots, business premises and a job per family are additional aspects of the Rehabilitation and Resettlement policy (R & R Policy) of the State of Haryana. It is a comprehensive policy under which the land oustees are entitled to free technical education, skill up gradation, exemption from stamp duty and registration fee, alternate tube well and other irrigation facilities, a special fund for community development, exemption from Capital Gains Tax, preference in allotment of residential, commercial and industrial plots etc are available. It also provides for Dispute Resolution Mechanism.

Scenario in Goa is far from satisfactory. Large tracks of land are being acquired for Mopa Airport and Sports City in Pedne. Existing Industrial Estates are being extended; new estates are being set up in different parts of Goa. SEZs were permitted in large tracks of land. Rajiv Gandhi IT habitat occupies prime land where the land prices are upwards of Rs.50000/- per Sq. mt. NH4 A and NH17 are being widened. Railways, ports and Defense authorities also want land. Demand for land is ever increasing.

Farmers affected by land acquisition for the Mopa Airport and Sports City are up in arms. Those likely to be affected by the new alignments of NH4A and NH17 have flexed their muscles. They and their sympathizers have held a massive rally in Panaji and Porvorim and blocked all roads for almost half the day. Communidade of Verna have registered their opposition to additional land acquisition by the Industrial Development Corporation for extension of Verna Industrial estate. Farmers from Mapusa have started mobilizing against the new Outline development Plan of the Mapusa town which earmarks large tracks of private land for projects like bus and taxi stands, parking lots, gardens, government and municipal buildings, schools and colleges, playgrounds and joggers parks as well as commercial complexes like markets, offices, malls and multiplexes. Land holders from and around other towns like Margao, Ponda, Vasco, etc are likely to rise in revolt sooner than later.

We think the Goa Government must act at the earliest if it wants to offset the likely backlash.

The Government of Goa must adopt its own R and R (Rehabilitation and Resettlement) Policy which should earmark among others such minimum price per acre/per sq. mt. and such rates of annuities as may be commensurate to the market conditions prevailing in Goa.

The section 11 of the Land Acquisition Act 1894 relates to inquiry and award by the Collector for the land to be acquired. The award to be prepared under this section provides for: 1. The true area of the land 2. The compensation which in the opinion of the Collector should be allowed for the land. 3. Apportionment of compensation among all persons having interest in such lands.

We are of the opinion that section 11 of Land Acquisition Act needs to amended appropriately to empower the Collector to provide fair compensation as per prevailing market rates and such other facilities/amenities including annuity, house site, commercial space, industrial plots, etc. as may be provided by the Government through its R and R Policy notified from time to time.

The Law Commission therefore, proposes that section 11 of the Land Acquisition Act 1894 be amended in the manner set out in annexed Draft Amendment Bill (Annexure A).

The Law Commission encloses herewith salient features (R and R Policy of Haryana (Annexure B) for the guidance of the Government of Goa.

The Law Commission also encloses herewith comprehensive R and R Policy of Government of Haryana which can be used as by the State Government as a guide for framing its own policy (Annexure C).

The Government of Goa had constituted a Committee comprising of the following Officers to discuss the Land Acquisition Policy for the State of Goa: 1. Chief Secretary 2. Finance Secretary 3. Law Secretary 4. Secretary (Revenue) 5. Collector (North) 6. Collector (South)

The Hon’ble Revenue Minister and the Hon’ble Chairman Law Commission were invited to attend this meeting.

The first meeting of this Committee was held on 1 st December 2010 at 10.30 a.m in the Conference room at the Secretariat. It was presided over by the Hon’ble Chief Minister of Goa. It constituted a sub committee comprising of the following Members:

1. Chairman of Law Commission ……………….Chairman 2. The Law Secretary ……………………………Member 3. The Collector (North)………………………….Member 4. The Collector (South)………………………….Member 5. The Joint Secretary (Finance)………………….Member 6. The State Registrar-cum-Head of Notary Services……………………………..Member

This sub Committee was directed to suggest minimum floor rates for different types of lands in the towns and villages of Goa. This Committee met on 10/12/2010 and directed the Collectors to compile the data regarding market price of different types of land of different towns and villages of Goa. This was a strenuous job which has been satisfactorily completed by Collectors of North and South of Goa. They submitted their Report on 28/04/2011.The Law Commission appreciates the work of Collectors and their subordinates. The statistical data is also annexed to this Report (Annexure D).

Recommendation :

Considering the above, the Law Commission is pleased to recommend as follows:

1. The Government of Goa may expeditiously frame its own R and R Policy preferably on the lines of R and R Policy of State of Haryana.

2. The State of Goa may expeditiously adopt the minimum floor rates for different types of land in different parts of Goa. In fact, village wise rates be notified every year which can also be used for the purpose of Stamp Duty.

3. To enable the Collectors to award compensation as per the R and R Policy of Goa Government.

4. The Land Acquisition Act may be amended as per the Draft Amendment Bill annexed hereto.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

Annexure A

Land Acquisition (Amendment) Act 2011

Bill No.______of 2011

An Act to amend the law for determination of fair compensation and for grant of allied benefits to persons affected by the Land Acquisition.

Whereas, it is expedient to amend the law for acquisition of land needed for public purpose and for determination of amount of compensation as per prevailing market price and for providing such other benefits to the affected persons as per Governments policy of Land Acquisition, Rehabilitation and Resettlement of affected persons.

Be it enacted by the Legislative Assembly of the State of Goa in the ____year of the Republic as under-

1. Short title, extent and commencement: (1) This Act may be called as Land Acquisition (Amendment) Act 2011. (2) It extends to the whole of Goa. (3) It shall come into force with effect from such date as may be notified.

2. In section 11 of the Land Acquisition Act, sub section (1) sub clause (ii) be substituted by the following:

“(ii) The compensation which in his opinion should be allowed for the land and which shall not be less than the compensation determined in terms of notification issued by the Government fixing the minimum market value of similar lands and such other benefits as may be permissible under any Land Acquisition, Rehabilitation and Resettlement Policy notified by the Government from time to time.”

Statement of Objects and Reasons Amount of compensation paid by the Government for land acquired for public purposes is usually much below the market price. Usually land acquired is under specific land use but is put to better use on acquisition. For example, land under agriculture is acquired and put to use for settlement or commercial or industrial purpose. The acquiring departments/companies earn much more money in the process. Besides, the landholder loses valuable source of income. This leads to objections to land acquisition, litigations as well as morchas, hartals and other types of agitations. Government of Haryana, Uttar Pradesh and some other States have formed Rehabilitation and Resettlement Policies for the benefit of land oustees which provide for a fair market price, annuities for farmers for sufficiently long periods, allotment of house sites, commercial spaces and industrial plots, etc to the affected persons. Government of Goa desires to offer similar benefits to land oustees. Hence, this enabling amendment.

Annexure B

Rehabilitation and Resettlement Policy of Haryana – Salient Features

1. Market Value as compensation for land acquired. Minimum floor rates prescribed. Land Price fixed between 12 Lakhs to 42 Lakhs and more per acre. 2. Annuity for 33 years at Rs.21000/- to Rs.42000/- per year with annual increment of Rs.750/- to Rs.1500/-. 3. No litigation incentive equal to 20% of the basic rate of land plus solatium and interest payable under law. 4. Residential plots where self occupied house is acquired for unavoidable reasons. 5. Commercial sites/industrial plots where 75% and more revenue estate is acquired. 6. One job per affected family in group C and D categories and preference in jobs to the dependents. 7. Alternate Electricity connection 8. Alternate irrigation facility including tub wells 9. Exemption from Stamp duty and registration Charges if the oustee invests his compensation in agricultural land within 2 years. 10. Special scheme even to agricultural labourers and artisans dependent upon land acquired for their livelihood. 11. Free technical education and up gradation of skills of dependents of oustees. 12. Creation of Social and Community infrastructure facilities for the benefit of oustees. 13. Exemption from Capital Gains tax on compensation. 14. Investment Advisory services to oustees to help them invest compensation profitably. 15. Grievance/dispute resolution Mechanism

Annexure C

Land Acquisition Policy –Haryana Government i s annexed as separate file.

Annexure D-details with the North Collector, Panaji.

GOVERNMENT OF GOA

LAW COMMISSION

Establishment of the Institution of Lokayukta to inquire into grievances and allegations against public functionaries in the State of Goa and to make provision for the appointment of the Lokayukta and Upa Lokayukta and for the matters connected therewith.

Report No. 15

September 2011

LAW COMMISSION, GOA

(REPORT No. 15)

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 19 th day of September 2011 .

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa .

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

“ Just as it is impossible not to taste the honey or the poison that finds itself at the tip of the tongue, so it is impossible for a Government servant not to eat up at least a bit of the King’s Revenue” -Kautilya

Scourge of corruption has been afflicting all generation and all Countries perhaps from the beginning of the Civilization. A story in the Book of Genesis speaks about how the entire first civilization of humans originating from Adam and Eve was drowned and destroyed by God Almighty in a huge deluge because it had become corrupt. Humanity does not appear to have learnt any lessons from its primordial punishment. Cancer of corruption has spread all over. It is clawing at the sinews of our civilization. No country seems to be free from this menace. Almost every Country in the world finds a place on the corruption list published by Transparency International. Our Country of course has a place of “pride” in it.

The United Nations Commission on prevention of corruption which met in Mexico in 2003 adopted a convention urging upon its signatories to take effective steps to curb corruption. India is one of the 140 Countries which have subscribed to it. We have however, to this day failed to enact an effective law and constitute an efficient machinery to contain the monster of corruption. For ages we were dependant upon the provisions of Indian Penal Code for action against graft by public servants. This was augmented by the passage of the Prevention and Corruption Act 1988 and the Commission of Enquiries Act, 1952. After the Jain Hawala Case , The Central Vigilance Commission and the Central Bureau of Investigation were sought to be insulated from the Central Government in terms of the directions of the Supreme Court . It appears the measures suggested by the Supreme Court did not produce the desired results.

The matters came to the fore when it was realized that the black wealth generated through corrupt means was being used to fund terrorist activities worldwide. A slew of measures were than adopted to prevent money laundering. International pressure on Swiss and other Banks holding secret accounts has mounted. This step is likely to throw up information about ill- gotten wealth being stashed away in Tax Havens. Our own Supreme Court is monitoring a case which seeks disclosure of names of Indians holdings secret accounts in Foreign Banks.

As early as in 1966 an Administrative Reforms Commission headed by Late Shri Morarji Dessai had advocated setting up of a two tier machinery of Ombudsmen-one at the Central level and the other in States for redressal of peoples grievances against corrupt people in the Government. Lokpal Bills were introduced in the Parliament in 1968 and again in 2005. Orissa established a Lokayukta in 1970. Thereafter several other States followed suite. Goa had its first Commission under the Goa Public Men’s Corruption (Inquiries and Investigation) Act 1988. The provisions of this Act were analogous to the Lokayukta Act in several states. Government of India circulated Model Bills on Lokayukta and State Vigilance Commission to all States. The Lokayukta Bill 2003 was introduced in the Goa Assembly in 2003. It was referred to Select Committee. It was finally passed by the Legislative Assembly of Goa in January 2007. The Governor of Goa reserved it for assent of the President as the proposed Legislation was within the ambit of Entry No.45 of the Concurrent List III of the VII Schedule of the Constitution of India. It was examined by the Ministry of Law, Home and Personnel and Public Grievances, Government of India. These Departments made their observations regarding certain provisions of Bills passed by the House in the context of Prevention of Corruption Act, 1988, The Delhi Special Police Establishment Act, and Right to Information Act. These observations were considered by the Government of Goa and it was decided that in view of legal infirmities pointed out by the Central Government Ministries, the Bill should be withdrawn and replaced by a fresh Bill. We are informed that this proposal could not materealize as the April 2011 Session was engulfed in pandemonium in the House. This is thus the chequered history in the Lokayukta Bill of Goa.

Meanwhile, the Nation got engulfed in a raging controversy and debate over the need for a strong ombudsmen mechanism at the Central and State levels. At the end of a series of meetings between the Government of India representative and members of so called “Civil Society” two Draft Bills emerged. The Government introduced its own Bill called “The Lokpal Bill

2011” in the Parliament. Another version called the “Jan Lokpal Bill 2011” also emerged.

We at the Law Commission decided to play our role by drafting a Lokayukta Bill which would have wide acceptance. Shri Digambar Kamat, Chief Minister of Goa also expressed his intention to table a comprehensive Lokayukta Bill in the Legislative Assembly of Goa which may be holding its last Session in early October 2011. He requested us to expedite drafting of a fresh Bill. We examined therefore all the available versions of the Lokpal and Lokayukta Bills. The Draft Bill annexed to this Report incorporates major provisions from the concerned Bills which we hope will meet the aspirations of the public at large. Some of the salient features of the Draft Bill are as under: 1. The Goa Lokayukta will be empowered to enquire suo moto as well as on complaint and reference by Government into all allegations of corruption favouritism, nepotism, lack of integrity, etc.

2. The Lokayukta will be empowered to take action against all functionaries including Chief Minister, Ministers, M.L.A.s, and all Government servants as well as office bearers of local bodies, Municipalities, Zilla Parishads, Panchayats, Co-operative Societies, Societies, Government Companies, NGOs and individuals getting grant of more than Rs. One lakh from Government or Foreign or public contributions.

3. A High Court Judge will alone be qualified to be Lokayukta or Upa- Lokayukta.

4. The Lokayukta will have its own Investigation and Prosecution Wings.

5. Special Courts will be established to try the offenders.

6. No previous sanction or authorization will be required to take cognizance of any complaint or to investigate into any offence of corruption or to prosecute an offender

7. All public functionaries will be liable to disclose their assets.

8. Disproportionate Assets will be confiscated. Bank accounts may be frozen.

9. Pending enquiry a public functionary may be transferred or suspended.

10. Every Department shall publish its Citizens Charter and update it regularly.

This is the Fiftieth year of our Liberation from the Portuguese yoke. During this half Century we have witnessed tremendous growth in every sector of our economy. Unfortunately corruption too has grown exponentially. So much so that people find it hard to believe that any one in our polity can ever be non-corrupt. This belief portents a great threat to our democracy. Monster of Corruption may one day devour our Nation. No redeemer is in sight. We ourselves therefore have to rise and vanquish it.

With this we commend this Draft Bill “Goa Lokayukta Bill 2011” for consideration and passing by the Legislative Assembly of Goa.

RECOMMENDATIONS

It is therefore recommended that the The Goa Lokayukta Act 2011 may be introduced in the forthcoming Assembly Session.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE GOA LOKAYUKTA BILL, 2011 (BILL NO.__ OF 2011) A BILL To provide for the establishment of the institution of Lokayukta to inquire into grievances and allegations against public functionaries in the State of Goa and to make provision for the appointment of the Lokayukta and Upa Lokayukta and for the matters connected therewith. Be it enacted by the Legislative Assembly of Goa in the sixty second year of the Republic of India as follows:-

CHAPTER I PRELIMINARY 1. Short title, extent and commencement;- (1) This act may be called the Goa Lokayukta Act, 2011 (2) It extends to the whole of the state of Goa (3) It shall come into force at once

2. Definition:- In this Act, unless the context otherwise requires:- (a) “Action” means action taken by the public functionary in the discharge or purported discharge of his functions as such public functionary, by way of decision, recommendation or finding or in any other manner, or includes any omission or commission in connection with or arising out of such action, and all other expressions connoting such action shall be construed accordingly.

(b) “Allegation ” in relation to a public functionary , means any affirmation that such public functionary in his capacity as such- (i) Is guilty of corruption, favouritism, nepotism or lack of integrity; (ii) Was actuated in the discharge of his functions by personal interest or improper or corrupt motive ; (iii) Has abused or misused his position to obtain any gain or favour to himself or to any other person to cause loss or undue harm or hardship to any other person; (iv) Any person on his behalf, is in possession or has at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income, for which the public functionary cannot satisfactorily account;

(d) “Competent authority ” in relation to a public functionary , means,-

(i) In the case of the Chief Minister, Governor Or any Member of the State Legislative Assembly:

(ii) In the case of Minister or Secretary; The chief Minister or during the period of operation of any proclamation issued under Article 356 of the Constitution of India, the Governor.

(iii) in the case of Vice-Chancellor The Chancellor of the of University University;

(iv) in the case of any other public The Chief Minister or such functionary authority as may be prescribed;

(e) “complaint ” means a complaint by any person alleging or making allegations that a public functionary has committed acts of corruption or any other act mentioned in sub clauses(i) to (iv) of clause (b) of section 2 and also includes a grievance;

(f) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act 49 of 1988).

(g) “family” of a public functionary means the spouse, parents, unmarried sisters/brothers and children or relatives of the public functionary as are dependent on him or her, as the case may be;

(h) “Governor ” means the Governor of the State of Goa;

(i) “grievance ” means claim by any person against a public functionary, falling under clause (q) (x) or (q) (xii) of section 2 of this Act , that he sustained injustice or undue hardship in consequence of mal administration by such public functionary;

(j) “local authority ” means a Municipal Corporation or a Municipal Council or a Planning and Development Authority or a Township Committee or a Zilla Panchayat or a Village Panchayat or any other local self body.

(k) “Lokayukta ” means the person appointed to be Lokayukta under section 3 of this Act.

(l) “Mal- administration ” means action taken or purporting to have been taken in the exercise of administrative functions in any case,- (i) Where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improper, or discriminatory, or

(ii) Where there has been negligence or undue delay in taking such action, or the administrative procedure or practice governing such action involves undue delay;

(m) “Minister ” means a member (other than a Chief Minister) of the Council of Ministers for the State of Goa and includes a Deputy Chief Minister, a Minister of State, a Deputy Minister, and Parliamentary Secretary .

(n ) “Notification” means a notification published in the Official Gazette of the Government of Goa and the expression “notified” shall be construed accordingly;

(o) “Officer” means a person appointed to a civil or public service or post in connection with the affairs of the State of Goa.

(p) “Prescribed ” means prescribed by the rules made under this Act;

(q) “Public functionary ” means a person, who is or was at any time,- (i)the Chief Minister or a Minister of the State of Goa; or

(ii) a Member of the Legislative Assembly of the State of Goa; or

(iii)the President or the Vice President or the Chairman or the Vice Chairman or the Secretary, or the Managing Director (by whatever name called) of,- (1) a local authority; or (2) a Government Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956); or (3) a statutory body or Corporation or Board established by or under a statute and owned or controlled by the Government of Goa, including a co-operative society; or (4) any other Corporation or Board or Society owned or controlled by the Government of Goa; or

(iv) a member of a local authority; or (v) A member of the State Transport Authority or any Regional Transport Authority; or

(vi) The Chairman or Manager or Secretary or Corresponding Authority having control over the administration of a private school, whether under individual or corporate management, which receives or has received aid or grant from the Government under the Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985) or Rules made there under or any other relevant law for the time being in force and the rules made there under; or

(vii)The Chairman or Manager or Secretary or Corresponding Authority having control over the administration of a private college, whether under a unitary or corporate management whether it is affiliated to a University in the State of Goa or not but which received aid or grant from the Government, or

(viii)The Chairman or Manager or Secretary or Corresponding Authority having control over the administration of a private engineering college or private polytechnic, whether under a unitary or corporate management, as the case may be, and which received aid or grant from the Government, or

(ix)An officer referred to in clause (o);

(x) A person in the service or pay of a local authority, University, statutory body or Corporation, Society, Government Company, or other institution as is referred to in sub clauses (iii) to (x);

(xi)Any person or body who/which has received Government grant of whatever nature to the tune of Rs.1 lakh or more in a financial year for whatever purpose.

(xii) Any body registered under Foreign Contribution Regulation Act. Explanation-In this clause,- (1) “co-operative society ” includes a co-operative society registered or deemed to have been registered under the Co- operative Societies Act in force in the State of Goa;

(2) “society ” means a society registered in the State under the Societies Registration Act, 1860 (Central Act 21 of 1860);

(3) “public servant ” means a public servant as defined in section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860);

(4) “State ” means the State of Goa;

( r) Secretary” means a Secretary to the Government of Goa and includes the Chief Secretary, an Additional Chief Secretary, a Principal Secretary, Development Commissioner, Commissioner, a Special Secretary, an additional Secretary, a Joint Secretary, Under Secretary or such Officer, by whatever name called;

(s)“ Upa-Lokayukta ” means a person appointed to be Upa- Lokayukta under section 3.

CHAPTER II

ESTABLISHMENT OF LOKAYUKTA AND UPALOKAYUKTA

3. Appointment of Lokayukta or Upa-Lokayukta- (1) For the purpose of conducting investigations and inquiries and launching of prosecution in accordance with the provisions of this Act, the Governor shall, by order under his hand and seal, appoint a person to be known a the Lokayukta and if need be, one or more persons to be known as the Upa-Lokayuktas; Provided that the Lokayukta and /or Upa Lokayuktas shall be appointed by the Governor on the advice tendered by the Chief Minister, in consultation with the Chief Justice of the High Court and the Leader of Opposition.

(2) A person shall not be qualified for appointment as the Lokayukta or Upa-Lokayukta unless he has been a judge of the High Court.

(3) Every person appointed as the Lokayukta or Upa-Lokayukta, shall before entering his office, make and subscribe, before the Governor or such person appointed in that behalf by him an oath or affirmation in the form set out hereunder:- “ I A, B ….having been appointed as the Lokayukta / Upa- Lokayukta under the Goa Lokayukta Act, 2011 do hereby swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill- will”.

(4) If the office of the Lokayukta or Upa-Lokayukta become vacant, or if the Lokayukta or Upa-Lokayukta, by reason of absence or for any other reason whatsoever, is unable to perform the duties of his office, those duties, shall, until some other person is appointed under sub section (1) and enters upon such office or, as the case may be, until the Lokayukta or Upa-Lokayukta resumes his duties, be performed,- (a) where the office of the Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office, by the Upa-Lokayukta or if there are two or more Upa- Lokayuktas, by such one of the Upa-Lokayuktas as the Governor may, appoint for the purpose; (b) where the office of the Upa-Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office, by the Lokayukta himself or if the Lokayukta so directs, by the other Upa-Lokayukta or as the case may be, such one or the other Upa-Lokayuktas as may be specified in the direction. (5) The Upa-Lokayukta shall, while acting as or discharging the functions of Lokayukta, have all the powers and immunities of the Lokayuta and be entitled to salary, allowances and perquisites as are applicable in relation to the Lokayukta.

4. Lokayukta or Upa-Lokayukta to hold no other Office -

(1) Lokayukta or Upa-Lokayukta shall not be a Member of Parliament or a Member of the Legislative Assembly of any State, nor shall he hold any office of trust or profit (other than his office as the Lokayukta or Upa-Lokayukta, as the case may be), nor shall he be connected with any political party, nor shall carry on any business or practise and profession nor shall accept any assignment without prior approval of the Governor and accordingly, before he enters upon his office, a person appointed as the Lokayukta or Upa-Lokayukta, shall,- (a) if he holds any office of trust or profit, resign from such office; (b) if he is connected with any political party, severe his connection with it; (c) if he is carrying on any business, severe his connection (short of divesting himself of ownership) with the conduct and management of such business; or (d) if he is practising any profession, suspend practice of such profession.

(2) A person who has been a member of a political party and contested the elections of Parliament, Assembly, Panchayat, Zilla Panchayat or any other local body at any time during the period of five years immediately preceding,- (a) the commencement of this Act, in the case of first appointment, after such commencement; or (b) the date on which the vacancy has arisen, in the case of any subsequent appointment, shall not be eligible to be appointed as Lokayukta or Upa-Lokayukta;

5. Term of Office of the Lokayukta or Upa-Lokayukta (1) Every person appointed as the Lokayukta or Upa-Lokayukta shall hold office for a term of three years from the date on which he enters upon his office as Lokayukta or Upa-Lokayukta, as the case may be, or till he attains the age of seventy years, whichever is earlier: Provided that- (a) the Lokayukta or Upa-Lokayukta may, by writing under his hand addressed to the Governor, resign from his office; or

(b) the Lokayukta or Upa-Lokayukta may be removed from office in the manner provided in section 7. (2) On ceasing to hold office, the Lokayukta or Upa-Lokayukta shall be ineligible for further appointment as the Lokayukta or Upa-Lokayukta or for any employment under the Government of Goa or for any employment under any local authority, University, statutory body or corporation, society, co-operative society, Government Company, other body or corporation as is referred to in sub clauses (iii) to (x) of clause (q) of section 2.

6. Conditions of service of Lokayukta or Upa-Lokayukta - (1) The Lokayukta or Upa-Lokayukta shall have the like status, shall be entitled to the same salary, allowances and pension and shall be subject to the same conditions of service, as a Judge of the High Court. Provided that, the status, salary, allowances, pension and other conditions of service of a Judge of the Supreme Court or a retired judge of the Supreme Court appointed as Lokayukta or Upa-Lokayukta shall be the same as a judge of the Supreme Court: Provided further that, if a person at the time of his such appointment is in receipt of pension in respect of any previous service, as a Judge under the Government of India or under the Government of a State, his salary in respect of service as the Lokayukta or Upa-Lokayukta shall be reduced,- (a) by the amount of that pension, except pension received as freedom fighter; (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension; and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity: Provided also that the allowances payable to, and other conditions of service of the Lokayukta or Upa-Lokayukta shall not be varied to his disadvantage after his appointment: Provided further that the Lokayukta or Upa-Lokayukta shall not hold any other office.

CHAPTER III

EXPENSES OF INSTITUTION OF LOKAYUKTA AND UPA- LOKAYUKTA TO BE CHARGED ON THE CONSOLIDATED FUND OF GOA

7. The expenditure in respect of the salaries and allowances of the Lokayukta or Upa-Lokayukta and their offices and staff shall be charged on the Consolidated Fund of the State of Goa.

8. Removal of the Lokayukta or Upa-Lokayukta- (1) The Lokayukta or Upa-Lokayukta shall not be removed from his office except by an order of the Governor upon a recommendation made by a Committee consisting of the Chief Minister, Leader of Opposition and the Chief Justice of the Bombay High Court on ground of proved misbehaviour or incapacity.

9. Staff of Lokayukta or Upa-Lokayukta- (1) The Lokayukta or Upa-Lokayukta shall have a Secretary and such or other officers and employees as may be determined by the Governor in consultation with the Lokayukta or Upa-Lokayukta, to assist the Lokayukta or Upa-Lokayukta in the exercise of their powers and the discharge of their functions under this Act. (2) The conditions of service of the Secretary and other officers and employees shall be such as may be specified by the Governor. (3) Appointment of Secretary and such other officers and employees shall be made by the Lokayukta in consultation with the Upa-Lokayukta, if any: Provided that where such appointment is made by direct recruitment, the Goa Public Service Commission shall be consulted. (4) The rules for reservation of appointments and posts in Government service in favour of the Scheduled Castes and Scheduled Tribes and Other Backward Classes of Citizens shall , mutatis mutandis , apply to appointments to be made under this section (5) Without prejudice to the provisions of sub-sections (1),(2) and (4)the Lokayukta or Upa- Lokayukta may ,for the purpose of dealing with any particular case or class of cases , secure - (a) the services of any officer or employee or investigating agency of the Government of Goa or the Government of India with the concurrence of that Government; or

(b) the services of any expert.

(6)The terms and conditions of service of the officers,employees, agencies and persons referred to in sub-section (5) shall be such as may be specified by the Lokayukta or Upa- Lokayukta. (7) In the discharge of their functions under this act ,the officers and employees referred to in sub-section (1) and officers, employees, agencies and persons referred to in sub-section (5) shall be subject to the exclusive administrative control and direction of the Lokayukta or Upa- Lokayukta.

CHAPTER IV

JURISDICTION OF LOKAYUKTA AND UPA-LOKAYUKTA

10. Matters which may be investigated by Lokayukta or Upa- Lokayukta.;- (1) Subject to the provisions of this Act, the Lokayukta or Upa- Lokayukta. (where the case is allotted to him by the Lokayukta or Upa- Lokayukta) may , either suo motu or on complaint made to him under section 11 , investigate any allegation against any Public functionary. (2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, where any allegation of corruption against any Public functionary or any grievance of mal-administration by any Public functionary comes to the knowledge or is brought to notice of Government, it may , if , satisfied that it is necessary in public interest so to do ,by order in writing refer such allegations of corruption or grievance of mal- administration or both to the Lokayukta for investigation and the Lokayukta, either himself or through the Upa- Lokayukta shall investigate the same as if it was a complaint presented under this Act. (3) Not withstanding anything contained in sub-section(1) and (2) above or any other provisions of this Act , the Lokayukta in his discretion ,may investigate any complaint either himself or allot the same to the Upa- Lokayukta to investigate, however , to the extent possible , the case distribution shall be equitable. (4) Notwithstanding anything contained in sub-sections (1), (2) and (3) or any other provisions of this Act, the Lokayukta may, for reasons to be recorded in writing, investigate any allegation which is being investigated by the Upa-Lokayukta. (5) Notwithstanding anything contained in the above sub-sections or any other provisions of this Act, the Lokayukta or Upa-Lokayukta, as the case may be, may investigate any allegation against any person or a public functionary in so far as he considers necessary so to do for the purpose of its investigation into any allegation against a public functionary.

(6) Notwithstanding anything contained in the above sub-sections or any other provisions of this Act, the Lokayukta may, at any stage, make over any complaint pending before him to an Upa-Lokayukta for disposal.

(7) Where two or more Upa-Lokayuktas are appointed under this Act, the Lokayukta may, by general or special order, assign to each of them, matters which may be investigated by them under this Act:

Provided that no investigation made by the Upa-Lokayukta under this Act or action taken or thing done by him in respect of such investigation shall be called in question on the ground only that such investigation related to a matter which is not assigned to him by such order. (8) Any matter which the State Government may require the Lokayukta to enquire into and/or submit a report thereon with recommendations shall be investigated by him.

11. Matters not subject to investigation - (1) Except as hereinafter provided, Lokayukta shall not investigate,- (i) any matter, in respect of which, a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta;

(ii) any matter which has been referred for inquiry, under the Commission of Inquiries Act, 1952 (Central Act 60 of 1952):

(iii) Any complaint involving an allegation of corruption made after the expiry of a period of five years from the date on which the matter or conduct complaint against his alleged to have taken place;

Provided that the Lokayukta or Upa_Lokayukta, as the case may be ,may entertain a complaint made after the expiry of the period specified in sub- clause (iii) above, if the complainant shows sufficient cause for not making the complaint within the said period ; Provided further that in respect of an investigation of a complaint involving allegations of corruption , once the complaint is entertained and is being investigated nothing shall prevent the Lokayukta or Upa_Lokayukta from investigating an enquiring into acts of corruption which may pertain to any period prior to the said period of five years.

12. Provisions relating to complaints :- (1) Subject to the provisions of this Act, a complaint may be made under this Act , to the Lokayukta or Upa-Lokayukta ;- (a) in case of grievance , by the aggrieved person , and (b) in case of an allegation, by any person other than a public functionary . (2) Every complaint under sub section (1) shall be made in such form and in such manner as may be prescribed and shall be accompanied by an affidavit in support of the allegations contained in the complaint. However, the Lokayukta or Upa-Lokayukta, as the case may be, may dispense with such affidavit in any appropriate case. (3) Every complaint under sub section (1), shall be verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), for the verification of pleadings. (4) Notwithstanding anything contained in this Act or any other law for the time being in force, any letter written to the Lokayukta or Upa- Lokayukta, by a person in police custody or in a jail or in any asylum or other place for insane persons, shall be forwarded to the Lokayukta or Upa- Lokayukta, unopened and without delay by the police officer or any other person in charge of such jail, or asylum or place for insane persons and Lokayukta or Upa-Lokayukta, if satisfied that it is necessary so to do, treat such letter as a complaint made in accordance with the provisions of this section.

CHAPTER V INVESTIGATING WING

13. Notwithstanding anything contained in any law for the time being in force, the Lokayukta or Upa-Lokayukta shall constitute an investigation wing for conducting investigation of any offence alleged to have been committed by the public functionary punishable with the offence of corruption. Provided that till the investigation wing is constituted, the State Government shall make available such number of investigation officers and other staff as the Lokayukta or Upa-Lokayukta may require from its Ministries for carrying out investigation under this Act.

14. (1)No investigation shall be made by an investigating officer of the Investigation Wing below the rank of Deputy Superintendent of Police or by any other Officer of equivalent rank . (2) The Investigation Officers of the Investigation Wing shall have in relation to investigation of such offences, all the powers duties and privileges and liabilities which Police Officers have in connection with the investigation of such offences;

15. (1)The Lokayukta or Upa-Lokayukta may, before holding any inquiry under this Act , by an order, require the investigation officer of its investigation wing to make, or cause to be made a preliminary investigation in such manner as it may direct and submit a report to the Lokayukta or Upa-Lokayukta . (2) The Investigating Officer, on receipt of an order under Sub-section (1) shall complete the investigation and submit his report within six months. The Lokayukta or Upa-Lokayukta for reasons to be recorded may extend the time specified in sub-section (1)

CHAPTER VI PROSECUTION WING

16.( 1) The Lokayukta or Upa-Lokayukta may, by notification constitute a prosecution wing and appoint such officers to assist for the purpose of prosecution of public functionary in relation to any complaint by the Lokayukta or Upa-Lokayukta under this Act . (2) The officers under the prosecution wing, shall after having been directed by the Lokayukta or Upa-Lokayukta file a complaint before the Special Court and take all necessary steps in respect of prosecution of public functionary in relation to any offense punishable under the prevention of Corruption Act 1988. CHAPTER VII INQUIRY AND INVESTIGATION PROCEDURE

17.Procedure in respect of inquiry and investigation.- (1) The Lokayukta or Upa-Lokayukta on receipt of a complaint may either make a preliminary inquiry or direct the Investigation Wing to make a preliminary investigation to ascertain whether there exists a prima facie case for proceeding in the matter. (2) Ever preliminary inquiry or preliminary investigation referred to in sub-section (1) shall ordinarily be completed within a period of thirty days and for reasons to be recorded in writing within a further period of thirty days from the receipt of the complaint (3) Upon the completion of the preliminary investigation, the Investigating Authority shall submit its report to the Lokayukta or Upa- Lokayukta. (4) Before the Lokayukta or Upa-Lokayukta comes to the conclusion in the course of a preliminary inquiry and after the submission of a report under sub-section 3 that a prima facie case is made out against a public functionary pursuant to such preliminary inquiry, the Lokayukta or Upa-Lokayukta shall afford the public functionary an opportunity to be heard consistent with the principles of natural justice. (5) Where the Lokayukta, or Upa-Lokayukta after receiving the report of the Investigating Authority pursuant to a preliminary investigation or conclusion of the preliminary inquiry referred to in sub-section (1) is satisfied that no prima facie case is made out for proceeding further in the matter, the complaint shall be closed and the decision shall be communicated to the complainant and the public functionary. (6) Where the Lokayukta or Upa-Lokayukta is of the opinion that a prima facie case is made out and refers the matter for investigation , upon completion of such investigation and before filing the charge sheet, the public functionary against whom the investigation is being conducted shall be given an opportunity of being heard. (7) Every inquiry conducted by the Lokayukta or Upa-Lokayukta, upon being satisfied that a prima facie case is made out , shall be open to the public provided that in exceptional circumstances and for reasons to be recorded in writing by the Lokayukta or Upa-Lokayukta such inquiry may be conducted in camera . (8) In case the Lokayukta or Upa-Lokayukta proceeds to inquire into the complaint the inquiry shall be completed within a period of six months from the date of receipt of the complaint and for reasons to be recorded in writing, may be extended for a further period of six months (9) Public functionary against whom an inquiry is conducted shall be given an opportunity of being heard . (10) Upon completion of such investigation , the Investigating Authority shall place the record in its possession along with its prima facie conclusions before the Lokayukta or Upa-Lokayukta who shall before directing that a charge sheet be filed afford the public functionary concerned an opportunity of being heard (11) If the Lokayukta or Upa-Lokayukta proposes to inquire into a complaint, it may at any stage a) pass appropriate orders for safe custody of the documents; b) forward the complaint to the public functionary (12).- If at any stage of the proceedings, the Lokayukta or Upa- Lokayukta a) considers it necessary to inquire into the conduct of any person other than the prospective accused or b) is of the opinion that the reputation of any person other than the accused is likely to be prejudicially affected by the inquiry the Lokayukta or Upa-Lokayukta shall give to that person a reasonable opportunity of being heard

18. (1) Notwithstanding anything contained in any other law for the time being in force no sanction or permission or authorization shall be required by the Lokayukta or Upa-Lokayukta or its Investigation Wing or the Prosecution Wing for the purpose of making inquiry by the Lokayukta or Upa-Lokayukta or its Investigation Wing into any complaint against any public functionary or filing any complaint in respect thereof before the Special court under this Act. (2) The Special Court may, on a complaint filed by the Lokayukta or Upa-Lokayukta or any Officer authorized by it in this behalf, take cognizance of the offence committed by the public functionary, notwithstanding anything contained in any law for the time being in force.

19. (1) When after the conclusion of inquiry or investigation , the findings of the Lokayukta or Upa-Lokayukta disclose the commission of an offence under the Prevention of Corruption Act 1988 by a public functionary, the Lokayukta or Upa-Lokayukta shall, (a) file a case in a Special Court and send a copy of the report together with its findings to the competent authority; (b) recommend to the competent authority initiation of disciplinary proceedings under the rules of disciplinary proceedings applicable to such public functionary who are regulated by their Service Rules (c) provide a copy of the report to the public functionary (2) The Government shall within a period of thirty days of the receipt of recommendation under clause b) of sub-section (1) initiate disciplinary proceedings against the said public functionary and forward its comments on the report, including the action taken or proposed to be taken thereon to the Lokayukta or Upa-Lokayukta within six months of the initiation of such disciplinary proceedings;

CHAPTER VIII POWERS OF LOKAYUKTA AND UPA-LOKAYUKTA

20. Powers of the Lokayukta or Upa-Lokayukta (1)If the Lokayukta or Upa-Lokayukta has reason to believe that any document which in its opinion shall be useful or relevant to, any investigation or inquiry under this Act, are secreted in any place. It may authorize any officer of the Investigation Wing to search for and seize such document ; (2) If the Lokayukta or Upa-Lokayukta is satisfied that any document seized under sub-section (1) would be evidence for the purpose of any investigation or inquiry under this Act and that it would be necessary to retain the document in its custody or in the custody of such officer as may be authorized, it may so retain or direct such officer authorized to retain such document till the completion of such investigation or inquiry provided that when any document is required to be returned, the Lokayukta or Upa- Lokayukta or its Officers may return the same after retaining the copies of such document truly authenticated ; (3) The provisions of the Criminal Procedure Code 1973 relating to searches shall, so far as may be, apply to searches under this Section subject to the modifications that sub-section 5 of section 165 of the said Code shall have effect as if for the word Magistrate wherever it occurs therein the word Lokayukta or Upa-Lokayukta or any Officer authorized by it were substituted. (4) Subject to the provisions of this section for the purposes of any inquiry, the Lokayukta or Upa-Lokayukta shall have the powers of the Civil Court under the Code of Civil Procedure while trying a suit. (5) The Lokayukta or Upa-Lokayukta shall refer any matter to the Bombay High Court in case there is contempt of the Institution of Lokayukta or Upa-Lokayukta. (6) (i)The Lokayukta or Upa-Lokayukta may for the purpose of conducting any inquiry , utilize the services of any officer or investigation Agency in the State of Goa as the case may be ; (ii) For the purposes of investigating any matter pertaining to the inquiry , any officer or Agency whose services are utilized under sub-section (2) may subject to the directions and control of the Lokayukta or Upa-Lokayukta – a) summon and enforce attendance of any person and examine him b) require the discovery and production of any document ; c) requisition any public record or copy thereof The officer whose services are utilized under sub-section (2) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Lokayukta or Upa-Lokayukta within such period as may be specified by the Lokayukata or Upa-Lokayukta;

21. (1) Where the Lokayukta or Upa-Lokayukta or any Investigating Officer authorized by it in this behalf , has reason to believe , the reasons for such belief to be recorded in writing, on the basis of material in his possession that – a) any person is in possession of any proceeds of corruption; b) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, he may , by order in writing , provisionally attach such property and or order freezing of accounts with any Financial institution for period not exceeding ninety days from the date of the order, in the manner provided in the Second Schedule to the Income Tax Act 1961 and the Lokayukta or Upa-Lokayukta shall be deemed to be an Officer under sub-rule (e) of rule 1 of that Schedule . (2)The Lokayukta or Upa-Lokayukta shall immediately after attachment under sub-section (1) forward a copy of the order along with the material in his possession referred to in that sub-section to the Special Court in a sealed envelope in the manner as may be prescribed for such Court and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit. (3) Every order of attachment made under sub-section 1 shall cease to have effect after the expiry of the period specified in that sub section or after the expiry of the period as directed by the Special Court under sub section (2) (4) Nothing in this sub-section shall prevent the person interested in the enjoyment of the immoveable property attached under sub-section (1() from such enjoyment 5)the Special Court may at its discretion release part of the amounts from the accounts frozen under sub section (1)for sustenance of the person concerned Explanation .- For the purposes of this sub-section person interested in relation to any immoveable property includes all persons claiming or entitled to claim any interest in the property .

22. (1)The Lokayukta or Upa-Lokayukta when it provisionally attaches any property under sub-section (1) of section 21 shall within a period of thirty days of such attachment direct its prosecution wing to file an application stating the facts of such attachment before the Special Court and make prayer for confirmation of attachment of property till completion of proceedings against the public functionary in the Special Court . (2) The Special Court may, if it is of the opinion that the property provisionally attached has been acquired through corrupt means make an order of confirmation of attachment of such property till the completion of the proceedings against the public functionary in the Special Court. (3) If the public functionary is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall be restored to the concerned public functionary along with the benefit from such property as might have occurred during the period of attachment. (4) If the public functionary is subsequently convicted of the charges of corruption, the proceeds relatable to the offence under the Prevention of Corruption Act 1988 shall be confiscated and vest in the State Government free from all encumbrances or leasehold interest excluding any debt due to any Bank or financial institution . Explanation .- For the purposes of this sub section, the expression Bank , debt and financial institutions shall have the meaning respectively assigned to them in clauses (b), (g) and (h) of Section 2 of the Recovery of Debts Due to Bank and Financial Institutions Act 1993.

23. Where the Lokayukta or Upa-Lokayukta while making an inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available that a) continuance of the public functionary referred to in clauses q (iii) to (xi) of Section 2 in his post while conducting the inquiry is likely to affect such inquiry adversely or b) the public functionary referred to in clause (a) is likely to destroy or in any way temper with the evidence or influence witnesses, then the Lokayukta or Upa-Lokayukta may recommend to the State Government to transfer or suspend such public functionary from the post held by him till such period as may be specified in the order and the Government shall ordinarily accept the recommendation of the Lokayukta or Upa-Lokayukta under sub-section (1) except for reasons to be recorded in writing in a case where it is not feasible for administrative reasons .

CHAPTER IX SPECIAL COURTS 24. Special Courts (1).- The State Government shall constitute such Special Courts as recommended by the Lokayukta or Upa-Lokayukta to hear and decide the cases arising out of Prevention of Corruption Act or under this Act. (2) The Special Courts constituted under sub-section (1) shall ensure completion of Trial within a period one year from the date of filing the case in the Court provided that in the case the Trial cannot be completed within a period of one year the Special Court shall record reasons thereof and complete the trial within a further period three months or such further period not exceeding three months each for reasons to be recorded in writing, before the end of such each three months period , but not exceeding a total period two years . (3) The special court shall take cognizance of any complaint filed by the lokayukta or the upalokayukta and proceed to try and dispose of the complaint without any sanction or permission required under any other law in force.

CHAPTER X COMPLAINTS AGAINST LOKAYUKTA , UPA-LOKAYUKTA AND THEIR OFFICIALS

25. (1) The Lokayukta and Upa-Lokayukta shall not inquire into any complaint made against the Lokayukta or against the Upa-Lokayukta. (2) Any complaint against the Lokayukta or Upa-Lokayukta shall be made by an application by the party aggrieved to the Governor. (3)The Governor shall, in case there exists a prima facie for bias or corruption, make a reference to the Chief Justice of Bombay High Court in such a manner as may be prescribed for inquiring into the complaint against the Lokayukta or Upa-Lokayukta. (4) The Governor shall decide the action against the Lokayukta or Upa- Lokayukta on the basis of the opinion of the Chief Justice of Bombay High Court and in case the Governor is satisfied on the basis of the said opinion that the Lokayukta or Upa-Lokayukta is biased or has indulged in corruption, the Governor shall, not withstanding anything contained in sub section (1) of section 8, remove such Lokayukta or Upa-Lokayukta and also order for initiation of prosecution in case of allegation of corruption.

26. (1)Every complaint or allegation of wrongdoing made against any officer or employee or investigation agency under or associated with the Lokayukta or Upa-Lokayukta for offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section. (2) The Lokayukta or Upa-Lokayukta shall complete the inquiry into the complaint or allegation made, within a period of thirty days from the date of its receipt. (3) While making an inquiry into the complaint against any officer or employee of the Lokayukta or Upa-Lokayukta engaged or associated with the Lokayukta and Upa-Lokayukta, if it is prima facie satisfied on the basis of evidence available, that- (a) continuance of such officer or employee of the Lokayukta or Upa-Lokayukta engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or (b) an officer or employee of the Lokayukta or Upa-Lokayukta engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses, Then, the Lokayukta or Upa-Lokayukta may, by order, suspend such officer or employee of the Lokayukta or Upa-Lokayukta or divest such agency engaged or associated with the Lokayukta or Upa-Lokayukta of all powers and responsibilities thereto before exercised by it. (4) On the completion of the inquiry, if the Lokayukta or Upa- Lokayukta is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or of any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokayukta or Upa-Lokayukta or such officer, or employee, agency engaged or associated with the Lokayukta or Upa-Lokayukta and initiate disciplinary proceedings against the official concerned: Provided that no such order shall be passed without giving such officer or employee of the Lokayukta or Upa-Lokayukta or person, agency engaged or associated, a reasonable opportunity of being heard.

CHAPTER XI ASSESSMENT OF LOSS AND RECOVERY THROUGH SPECIAL COURTS

27. Assessment of loss and recovery through Special Courts (1) If any public functionary is convicted of an offence under the Prevention of Corruption Act 1988 by the Special Court, notwithstanding and without prejudice to any law for the time being in force , it may make a assessment of loss, if any caused to the Public Exchequer on account of the action and decision of such public functionary not taken by him in good faith and for which he stands convicted and may order recovery of such loss, if possible or quantifiable from such public functionary so convicted. Provided that if the Special Court for reasons to be recorded in writing comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of action or decisions of the public functionary so convicted, than such loss, may if assessed and quantified under this Section may also be recovered from such beneficiary or beneficiaries proportionately.

CHAPTER XII FINANCE, ACCOUNTS AND AUDIT 28. Finance, Accounts and Audit The Lokayuka or Upa-Lokayukta shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta or Upa-Lokayukta and forward the same to the State Government for information.

29. The State Government may, after due appropriation made by the State Assembly by law in this behalf, make to the Lokayukta or Upa-Lokayukta grant of such sums of money as are required to be paid for the salaries and allowances payable to the Lokayukta or Upa-Lokayukta and the administrative expenses, including the salaries and allowances and pension payable to or in respect of Officers and other employees of the Lokayukta or Upa-Lokayukta.

30. (1) The Lokayukta or Upa-Lokayukta shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor General (2)The accounts of the Lokayukta or Upa-Lokayukta shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him. (3) The Comptroller and Auditor General of India or any person appointed by him in connection with the audit of the accounts of the Lokayukta or Upa-Lokayukta under this Act shall have the same rights, privileges and authority in connection with such audit, as the Comptroller and Auditor General of India generally has, in connection with the audit of Government accounts and , in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the Offices of the Lokayukta or Upa- Lokayukta . (4) The Accounts of the Lokayukta or Upa-Lokayukta as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and the State Government shall cause the same to be laid down before the Legislative Assembly of the State.

31. (1) The Lokayukta or Upa-Lokayukta shall furnish to the State Government , at such time and in such form and manner as may be prescribed or as the State Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokayukta or Upa-Lokayukta as the State Government may, from time to time, require. (2) The Lokayukta or Upa-Lokayukta shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government. (3) The copy of the report received under sub-section (2) shall be laid by the State Government, as soon as may be, after it is received, before the State Legislative Assembly.

CHAPTER XIII DECLARATION OF ASSESTS 32. Declaration of assets by Public Functionary (1) Ever public functionary shall make a declaration of his assets and liabilities in the manner as provided by or under this Act, (2) A public functionary shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the Lokayukta or Upa-Lokayukta the information relating to (a) the assets of which he, his spouse and his dependent children are jointly or severally, owners or beneficiaries (b) his liabilities and that of his spouse and of the dependent children (3)A public functionary holding his Office as such, at the time of the commencement of this Act , shall furnish information relating to such assets and liabilities, as referred to in sub-section (2) to the Lokayukta or Upa- Lokayukta within thirty days of the coming into force of this Act , (4) Every public functionary shall file with the Lokayukta or Upa- Lokayukta, on or before the 31 st of July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31 st march of that year . (5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the Lokayukta or Upa- Lokayukta in such form and in such manner as may be prescribed , (6) The Lokayukta or Upa-Lokayukta in respect of each office or Department shall ensure that all such statements are published on the web site of such Officer or the Department by the 31 st August of that year. Explanation: For the purposes of this Section, “dependent children” mean sons and daughters who have no separate means of earning and are solely dependent on the public functionary for their livelihood

33. Presumption as to acquisition of assets by corrupt means in certain cases. (1) If any public servant willfully or for reasons which are not justifiable, fails to a) Declare his assets, or b) give misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished , then such assets shall, unless otherwise proved , be presumed to belong to the public functionary and shall be presumed to be assets acquired by corrupt means ; Provided that the Lokayukta or Upa-Lokayukta may condone or exempt the public functionary from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.

CHAPTER XIV CITIZENS CHARTER 34. Citizens Charter (1) Every, a) Ministry or Department or Office of the State Department or anybody or Board or Corporation or Authority or Company or Society or Autonomous Body (by whatever name called) established or constituted or incorporated under an Act of the State Legislative Assembly or wholly or partly financed by the State Government or Controlled by it ; and b) Every other Society or Association of persons or Trust (whether registered or not) wholly or partly financed by the Government or in receipt of any sums under the Foreign Contribution (Regulation) Act or any donation from public, shall prepare and publish a Charter to be known as Citizens Charter within a period of one year from the commencement of this Act, (2) the Citizen’s Charter referred to in sub-section (1) shall specify the citizens the commitments of, a) the ministry or Department or Office of the State Government or anybody or Board or Corporation or Authority or Company or Society or Autonomous Body or other Society or Association of persons or Trust referred to in that sub-section ; b) the officer responsible for meeting such commitments and c) the time within which such commitments shall be complied with along with other relevant details relating to public delivery of services or fulfillment of its objectives (3) Every ministry or Department or Office of the State Government or anybody or Board or Corporation or Authority or Company or Society or Autonomous Body or other Society or Association of persons or Trust referred to in sub section (1) shall designate an Officer to be called The Public Grievance Redressal Officer to whom any aggrieved person may file a complaint for non compliance of the Citizen’s charter. (4) Every ministry or Department or Office of the State Government or anybody or Board or Corporation or Authority or Company or Society or Autonomous Body or other Society or Association of persons or Trust shall appoint at least one Public Grievance Redressal Officer in each District where it has an Office (5) Every ministry or Department or Office of the State Government or anybody or Board or Corporation or Authority or Company or Society or Autonomous Body or other Society or Association of persons or Trust referred to in subsection (1) shall review and revise its Citizen’s Charter at least once in a year.

CHAPTER XV OFFENCES AND PENALTIES 35. Offences and Penalties (1)Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act and makes a false statement to the lokayukta or Upalokayukta shall on conviction be punished as though the same is an offence under section 181 of the Indian Penal Code. (2) No other Court except the Special Court shall take cognizance of an offence under sub-section (1). (3) No Special Court shall take cognizance of an offence under Subsection (1) except on a complaint made by the person against whom false, frivolous and devious complaint was made or upon a complaint made by the Lokayukta or the Upalokayukta (4) The prosecution with relation to the sub-section 1 shall be conducted by the Public Prosecutor and all expenses connected with such prosecution shall be borne by the State Government.

CHAPTER XVI MISCELLANEOUS 36. Protection of action taken in good faith by any public functionary No suit, prosecution or other legal proceedings under this Act shall lie against any public functionary, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.

37. Protection of action taken in good faith by others No suit, prosecution or other legal proceedings shall lie against the Lokayukta or Upa-Lokayukta or against any officer, employee, agency or any person, in respect of any thing which is done in good faith or intended to be done under this Act.

38.Officers and employees of the Lokayukta or Upa-Lokayukta to be public functionary The Lokayukta or Upa-Lokayukta and other employees shall be deemed when acting or purporting to act in pursuance of any of the provisions of the Act, to be public functionaries within the meaning of Section 21 of the Indian Penal Code (45 of 1860)

39. Bar of jurisdiction No civil Court shall have jurisdiction in respect of any matter which the Lokayukta or Upa-Lokayukta is empowered by or under this Act to determine.

40. Act to have overriding effect The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act,

41. Provisions of this Act to be in addition to other laws The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

42. Power to make rules (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a) the procedure of inquiry into misbehavior for removal of the Lokayukta or Upa-Lokayukta under sub-section 1 of section 8 b) the post or posts in respect of which the appointment shall be made after consultation with the Goa Public Service Commission under the proviso to sub-section (1) of section 9; c) other matters for which the Lokayukta or Upa-Lokayukta shall have the powers of a Civil Court; d) the manner of sending the order of attachment along with the material to the special Court under sub-section 1 of Section 20 and 21. e) the manner of transmitting the letter of reference under sub- section 5 of Section 20 f) the form for maintaining the Accounts and other relevant records and the form of the Annual Statement of Accounts g) the form and manner and the time for preparing the returns and statements along with the particulars h) the form and the time for preparing an annual report giving the summary of its activity during the previous year i) the form of annul returns to be filed by public functionary under Sub-section 1 of Section 32 j) the minimum value for which the Lokayukta or Upa-Lokayukta may condone or exempt a public functionary from furnishing information in respect of assets under the proviso to Section 33 k) any other matter which is to be or may be prescribed

43. Power of Lokayukta or Upa-Lokayukta to make Regulations (1) Subject to the provisions of this Act and rules made there under the Lokayukta or Upa-Lokayukta may , by notification in the Official Gazette, make regulations to carry out the provisions of this Act (2) In particular, and without prejudice to the generality of the foregoing powers such regulations may provide for all or any of the following matters namely a) the conditions of service of the Secretary and other Officers and staff of the Lokayukta or Upa-Lokayukta and the matters which in so far as they relate to the salaries, allowances , leave or pension , require the approval of the Government under sub-section 2 of section 8 b) the place of sitting of benches of the Lokayukta or Upa- Lokayukta c) the manner for displaying on the website of the Lokayukta or Upa-Lokayukta the status of all complaints pending or disposed off along with records and evidence with reference thereto under sub-section 13 of section 23 d) the manner and procedure of conducting inquiry or investigation e) any other matter which is required to be or may be specified under this Act .

44. Laying of rules and regulations Every rule and regulation made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of the State while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid Legislative Assembly agrees in making any modifications in the rules or regulations or the legislative Assembly agrees that the rule or regulation should not be made . The rule or regulation shall thereafter have effect only in such modified form or be of no effect as the case may be so however that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation .

45. Power to remove difficulties (1) if any difficulty arises in giving effect to the provisions of this Act the State Government may by order publish in the Official Gazette make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulties . Provided that no such order shall be made under this section after the expiry of the period of two years from the commencement of this Act. (2) Every order made under this Section shall be laid as soon as may be after it is made before the legislative Assembly of the State.

GOVERNMENT OF GOA

LAW COMMISSION

Proposal to enact an Act to provide for the abolition of proprietorship of lands granted to the Conde of Mayem by the Portuguese in the village of Mayem in the State of Goa

Report No. 16

September 2011

LAW COMMISSION, GOA

(REPORT No. 16)

Proposal to enact an Act to provide for the abolition of proprietorship of lands granted to the Conde of Mayem by the Portuguese in the village of Mayem in the State of Goa

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 26th day of September 2011 .

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

Proposal to enact an Act to provide for the abolition of proprietorship of lands granted to the Conde of Mayem by the Portuguese in the village of Mayem in the State of Goa

Mayem is a picturesque village on the northern bank of River Mandovi in the Taluka of Bicholim. It was one of the few villages which were given in grant by the erstwhile Portuguese regime to its "nobles" who enjoyed the Title of Visconde, Conde, Marquez, etc. Village of Mayem was granted to the "Conde de Mayem" and has since remained the property of the Conde and his successors.

The property of the Conde was declared to be Evacuee Property and was entrusted to the Custodian of Evacuee properties under the Administration of Evacuee Properties Act 1966.

It is the contention of the villagers of Mayem that their lands were forcibly confiscated by the Portuguese Regime and granted to the Conde as "Condade"-a kind of vatan or Inam. The villagers who rose in rebellion against Conde and his Condade and therefore against the Portuguese could not succeed against the might of the Portuguese.

Villagers had hoped that after Liberation they would get their lands back. These hopes were belied. On the contrary, the Government of Goa enacted the Administration of Evacuee Properties Act 1966 and placed the entire Condade in the hands of the Custodian.

Meanwhile a wave of Land Reforms swept the Country. Several Acts were enacted by various State Governments abolishing all Titles, vatans, inams, and zamindaries. The erstwhile Princes, Rajas, and Maharajas were made commoners. Agricultural Tenancy Act and Land to the Tillers Act bestowed ownership rights upon the cultivators of land and occupants of homesteads. Goa Daman and Diu also had its share of Agrarian Reforms. In 1970 The Goa, Daman and Diu (Abolition of Proprietorship of Land in Diu) Act 1970 was enacted Under this Act the ownership and title of the landholders of Diu were extinguished and permanent occupancy rights were vested in the cultivators of such lands. Goa, Daman and Diu Agricultural Tenancy Act 1964 provided security of tenure to agriculturists and rent was not permitted to exceed 1/6 the of the produce. Later the Act was amended and made applicable to horticultural gardens as well. Finally, Land to the Tiller Act vested ownership rights upon the Tenants in respect of lands cultivated by them. Mundkar Protection Act was also enacted which protects Mundkars from eviction from their homesteads and also enables them to purchase their dwelling houses. The villagers of Mayem who were exempted from the benefits of these laws were sought to be protected vide Amendments to the Evacuee Properties Act which extended the Agricultural Tenancy Act and Mundkar Act to the Evacuees Properties. These amendments failed to provide succor to the villagers who feared a spate of unending litigation to prove Tenancy and Mundkarial Rights before the Revenue Authorities. It also offended their perception regarding the tenure of land in Mayem. It was contended that the villagers were rightful owners whose lands were confiscated by the Portuguese. Tenancy and Munkarship would give credence to the perception that the Conde is the owner of the village-an anathema to the villagers conscience. The villagers thus continued to agitate. The wounds of injustice festered. There is a lurking fear of a fresh agitation springing up with severe consequences for all concerned unless the issue is resolved for all times to come.

The Law Commission suo moto decided to take up the challenge to settle the Mayem issue. Several rounds of discussions were held with the villagers who are organised under the organization called “Mayem Bhu-Vimochan Nagrik Samiti”. Pursuance to our appeal for views of the general public several villagers submitted their points of view and likely solutions. One Antonio J. C. Pereira, resident of Sawantwadda, Mayem who claims to be one of the legal heirs of the original Conde submitted a Memorandum to us on 8 th September 2011. He appears to be willing to grant house sites to those who have their houses, whether legally constructed or not within Condade land in Mayem purely on humanitarian grounds subject to payment of ground rent. He is silent regarding agricultural properties cultivated by the locals.

It is obvious that had the Condade property not been declared an Evacuee property, the villagers would have benefited from the provisions of the Mundkar and the Tenancy Act like their counterparts in the rest of the State of Goa. Certainly the present claimants to the inheritance of the erstwhile Conde are not so naïve as not to understand this reality.

In these circumstances, it is our considered opinion that the best and easiest way to solve this imbroglio threatening to blow up into a violent agitation is to apply the principles of Zamindari Abolition Act to the Condade of Mayem. As in similar circumstances in Diu and in the rest of the Country we feel that it would be just and equitable to provide for (1) abolition of Title of Conde and proprietorship of all lands granted to him by the Portuguese Regime, (2) grant of land under occupancy rights to the villagers (3) Re- grant to the heirs of the Conde lands under their homesteads and under their personal cultivation and (4) payment of compensation of lands taken over by the Government to the rightful claimants of the Condade. A Draft Bill called “Condade de Mayem (Abolition of Title and Proprietorship) Bill 2011 is accordingly prepared and placed along with this Report. We hope that all concerned will stand to gain if the Bill is enacted into an Act and implemented as per its letter and spirit.

RECOMMENDATIONS

It is therefore suggested that an Act be enacted as per the Draft attached herewith providing for abolition of proprietary rights of Conde de Mayem in the Condade property situated in Mayem and its allotment to the villagers.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

The Condade de Mayem (Abolition of Title and Proprietorship of lands in Mayem) Bill, 2011

Bill No…. of ………

An Act to provide for the abolition of proprietorship of lands granted to the Conde of Mayem by the Portuguese in the village of Mayem in the State of Goa and for matters connected therewith.

Be it enacted by the Legislative Assembly of Goa in the Twenty –first Year off the Republic of India as follows :-

1. Short title, extent and commencement - (1) This Act may be called The Condade de Mayem (Abolition of Title and Proprietorship of lands in Mayem) Act, 2011

(2) It extends to all the areas within the jurisdiction of the village Panchayat of Mayem constituted under the Panchayat Act 1994 in the State of Goa

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2. Definitions - In this Act, unless there is anything repugnant in the subject or context,-

(a) “appointed date” means the date on which this Act comes into force;

(b) “Collector” means the Collector of North Goa appointed under the Land Revenue Code and shall include any subordinate officer appointed by the Collector to perform the functions under this Act.

(c) “Conde de Mayem” means the person so appointed by the Portuguese and shall include his successors, heirs and assignees and who holds land granted to him by the former Portuguese Government.

(d) “Codade de Mayem” shall mean all lands, buildings, shares, title and interest, waters, trees, etc granted to the Conde de Mayem by the Portuguese and shall include all improvements, addition, alterations made therein.

(e) “Custodian” means the Custodian appointed under the Administration of Evacuee Property Act, 1966.

(f) “prescribed” means prescribed by rules made under this Act;

3. Take over of lands granted to Conde de Mayem - Notwithstanding anything to the contrary contained in any usage, settlement, contract, grant, sanad, order or other instrument, or any law for the time being in force, with effect on and from the appointed date- (i) The title of “Conde de Mayem” shall stand extinguished and permanently cancelled. (ii) All rights, title and interest of the Conde in or in respect of all lands granted to Conde de Mayem by the Portuguese and now administered by the Custodian shall be deemed to have been extinguished; (iii) All such rights, title and interest in such lands shall stand transferred to and vest in the Government free from all encumbrances, and every mortgage, debt or charge on any such right, title and interest in or over such lands shall be a charge on the amount of compensation payable to the Conde under this Act; (iv) Where under any agreement or contract made before the appointed date any rent or other dues for any period after the said date has been paid to or compounded or released by the Conde or Custodian, the same shall, notwithstanding such agreement or contract, be recoverable from the Conde or the Custodian and may, without prejudice to any other mode of recovery, be realized by deduction from the compensation payable to the Conde under this Act.

4. Re-grant of certain lands to the Conde as occupant - Immediately after vesting of the lands in the Government under section 3, the following lands shall be deemed to have been re-granted to the Conde from whom they had vested in the Government and the Conde shall hold them from the Government as an occupant and shall be liable to pay to the Government the land revenue as provided in section 6, namely:- (a) homesteads, buildings and structures together with lands appurtenant thereto in the occupation of the Conde. (b) Lands under the personal cultivation of the Conde.

5. Collector to take charge of lands, etc. vested in Government - (1) The Collector shall take charge or possession of all lands and of all rights, title and interest therein of the Conde vested in the Government under section 3, and for this purpose the Collector or any officer authorized by him may take such steps or use force as may be necessary.

(2) Nothing in this section shall be deemed to authorize the Collector to take possession of any land of the Conde which may have been re-granted to him under section 4.

6. Grant of land under occupancy rights - (1) As soon as may be after the appointed date and subject to the rules made in this behalf, and or a scheme for development of the village of Mayem duly prepared under the Town and Country Planning Act, the Government may grant land vested in it under this law for residential or agricultural purposes or for non agricultural purposes as may be specified in the order of grant.

(2) Such rules may provide inter alia for the following matters namely- (a) the extent to which lands are granted for specified purpose (b) occupancy price payable for the land and the mode of its payment (c) cases in which no occupancy price may be charged or in which concessional price may be charged. (d) order of priority to be observed when land is granted for agricultural purposes. (e) conditions to which the land is granted (f) the penalty for the breach of the grants

(3) The persons to whom the land is granted shall be entitled to hold land so granted in perpetuity but subject to such restriction on the rights to transfer as may be prescribed by rules.

(4) The provisions of the Land Revenue Code 1968 shall be applicable mutadis mutandis to all lands vested in the Government under this Act.

(5) The grant of land under clause (1) shall be on payment of compensation to the Government as determined by the rules prescribed.

7. Compensation to Conde - The Conde whose rights, title and interest, in respect of his lands vest in the Government under section 3, shall be entitled to payment of compensation in respect of the lands which have vested in the Government and have not been re-granted to him under section 4.

8. Method of payment of compensation - (1) Any person entitled to compensation under section 7 shall, on or before such date as the Government may specify in this behalf from time to time by notification in the Official Gazette, make an application to the Collector in the prescribed form for payment of such compensation.

(2) On receipt of an application under sub section (1), the Collector shall, after making such inquiry as he thinks fit, determine the amount of compensation payable to such person.Provided that where there are more persons than one entitled to such compensation, the Collector shall apportion the compensation among themProvided further that in cases of dispute regarding apportionment of compensation among the persons entitled to compensation, the Collector shall direct them to have their respective shares adjudicated upon by a competent civil court and the payment of compensation shall be in accordance with such adjudication.

9. Payment of compensation - The compensation determined under section 8 shall, after deducting there from the dues, if any, referred to in clause (iii) of section 3, be paid in cash to the person or persons to whom it is payable.

10. Records to be delivered to the Collector - Whenever the Collector or any officer authorised by him on his behalf so directs, the Conde or the Custodian shall deliver to him or such other officer as may be specified in this direction, the records relating to the land held by him as Conde or as Custodian.

11. Duties and Functions of the Collector - The Collector shall- a) decide whether a person is a proprietor b) decide the amount of rent or dues recoverable under section 3 c) decide the homesteads, buildings and structures with land appurtenant thereto and the lands under personal cultivation of the Conde which are deemed to be re-granted under section 4. d) determine the lands in respect of which occupancy rights are to be conferred under section 6. e) decide such other matters as may be referred to him by or under this Act.

12. Appeal - Any person aggrieved by the decision of the Collector under any of the provisions of this Act may within 30 days of such decision appeal to the District Court whose decision shall be final and binding in all parties.

13. Bar of Jurisdiction - No Court except the District Court in appeal shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Collector and no order of the Collector shall be questioned in any Court.

14. Protection of action taken under this Act - (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under.

(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provision contained in this Act or any rules made there under or by anything in good faith done or intended to be done in pursuance of this Act or any rules made there under.

15. Power to remove difficulty - (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order make such provisions (not inconsistent with this Act) as appear to it to be necessary or expedient for removing the difficulty.

(2) Any order under sub section (1) may be made so as to be retrospective to any date not earlier than the appointed date:

Provided that no order under this section shall be made after the expiration of three years from the appointed date.

16. Power to make rules - (1) The Government may by notification in the Official Gazette make rules to carry out the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of Goa.

GOVERNMENT OF GOA

LAW COMMISSION

Empowering the State Election Commission to undertake delimitation of wards of Panchayats and Municipalities and of reservation of wards for women, OBCs, SCs and STs.

Report No. 17

December 2011

LAW COMMISSION, GOA

(REPORT No. 17)

Empowering the State Election Commission to undertake delimitation of wards of Panchayats and Municipalities and of reservation of wards for women, OBCs, SCs and STs.

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the day of 1st December 2011.

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

Secretarial Support

1. Shri Manohar Shetye, O.S.D. to Chairman/ Acting Secretary

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

Empowering the State Election Commission to undertake delimitation of wards of Panchayats and Municipalities and of reservation of wards for women, OBCs, SCs and STs.

In terms of Article 243(K) and 243(Z)(A) of the Constitution of India, the Superintendence, direction and control of the preparation of election rolls and the conduct of election to the Panchayats and Municipalities shall be vested in the State Election Commission. The said articles further provide that the Legislation of a State may by law, make provisions with respect to all matters relating to, or in connection with, elections to the Panchayats/Municipalities. Since the State Election Commission is vested with, the power to prepare electoral rolls it is imperative that the power of fixation of each Panchayat and Municipal area, the number and extent of wards into which such area shall be delimited ought to be with the State Election Commission. The Election Commission should likewise have the power to reserve seats for women, ST, SCs and OBCs.

In terms of section 7 of Goa Panchayat Raj Act and section 10 of the Goa Municipalities Act, the power of fixation and reservation of wards is with the Director of Panchayats and Director of Municipal Administration respectively.

Before every election, there are charges galore against the Government of misusing the office of the Director to delimit and reserve the wards in a manner that is beneficial to certain interested groups. In our opinion, there should be no room for any suspicion about the fairness of the electoral process either at the Panchayat or Municipal Elections.

The Law Commission therefore recommends that the word “Director” appearing in section 7 of the Goa Panchayat Raj Act be replaced by the word “State Election Commission”. Similarly, the word “Director” appearing in section 10 of the Municipalities Act be replaced by the words “State Election Commission”.

In view of the ensuing Panchayat election and in view of there being no possibility of Legislative Assembly meeting in the immediate future the Law Commission recommends that the Goa Panchayat Raj Act be amended by an Ordinance. The proposed change shall be in tune with Article 243 (K) of the Constitution of India. In so far as, change to section 10 of the Municipalities Act, the required amendment could be proposed as and when the Legislature meets.

RECOMMENDATIONS

The word “Director” appearing in section 7 of the Goa Panchayat Raj Act and section 10 of the Goa Municipalities Act be substituted by words “State Election Commission”.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

GOVERNMENT OF GOA

LAW COMMISSION

Conservation and Management of Agricultural Land and Water Bodies, Saving Goan Agricultural Land for Goans, Contract Farming, Co-operative farms, Farming Estates, Prevention of fragmentation, discharge of joint responsibilities of land holders, standards of cultivation, etc.

Report No. 18

March 2012

LAW COMMISSION, GOA

(REPORT No. 18)

Conservation and Management of Agricultural Land and Water Bodies, Saving Goan Agricultural Land for Goans, Contract Farming, Co-operative farms, Farming Estate, Prevention of fragmentation, discharge of joint responsibilities of land holders, standards of cultivation, etc.

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 25 th day of March 2012.

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

Conservation and Management of Agricultural Land and Water Bodies

Goa, liberated from Portuguese dominance of almost 450 years on 19 th December 1961, celebrated its Golden Jubilee of Liberation between 19 th December 2010 to 19 th December 2011. During the entire year eulogies were offered to the Freedom Fighters, Indian Army and National Leaders particularly Pt. Jawaharlal Nehru who sent in the Indian Army to liberate the State.

Goans also celebrated the achievements of individual Goans and the all round progress achieved by the State in almost every sector.

The celebrations were however, shadowed by a deep concern over the depletion of natural resources, moral degradation, massive urbanization, heavy in-migration and unchequed and unbridled sale of valuable Goan Real Estate including Agricultural properties to non residents and non citizens as well.

Almost every State in the Country-Goa perhaps is the only exception-have Agrarian Laws which put severe curbs on holding and selling agricultural property by and to non agriculturists.

Considering the large scale transactions of sale and purchase of agricultural properties in Goa and the consequent unrest and consternation in the minds of the people, we began an exercise in devising ways and means by which Goan land could be saved for next generations of Goans. We realized that we could do this by enacting laws providing for 1) Ban on holding agricultural land by persons who are not agriculturists and 2) Ban on sale of agricultural properties to non residents and non agriculturists.

“Agriculturist” in our opinion is a person who cultivates land personally and resides within a reasonable radius from the Agricultural Property held by him. The word “Non resident” in our opinion would be any person who has not resided in Goa for the last continuous 25 years. We examined the above proposals for their constitutional validity and are convinced that they will stand the test.

What began as a concern for saving Goan land for Goans led us to think about the prevalent practice of fragmenting agricultural lands among co- owners, sometimes to such incredibly low sizes and haphazard shapes that husbanding such a farm would be a nightmare.

We also took note of the ever increasing trend of urbanization, construction of multilevel complexes for residential and non residential purposes, and large scale conversion of prime agricultural lands, orchards, etc. into settlement, commercial and industrial zones.

Agrarian reforms were meant to provide security of tenure to the cultivating tenants. Later ownership rights were vested in them. Irrigation facilities were provided through micro and medium irrigation schemes. Tillari, Anjune and Salauli Schemes were completed. Besides subsidy schemes for purchase of farm implements, seeds and fertilizers are being implemented. Inspite of all this, agricultural lands are being left fallow and uncultivated with an eye on prospects of utilizing the fallow lands for non agricultural purposes. We feel there is a need to penalize land holders who deliberately leave their lands fallow and uncultivated. For those who are genuinely unable to cultivate lands personally we propose a Contract Farming and establishment of Farming Estates and Co-operative Farms which may perhaps be an answer to this ever increasing trend of diverting agricultural lands for non agricultural purposes.

Like land, water bodies too are under threat from unscrupulous elements. Mining has already ruined fields and water sources. Many of our Rivers are dying a slow death due to sedimentation, dumping of garbage and other waste.

Tenancy Act had provisions regarding discharging of joint responsibilities of Tenants, like protection of bunds and water channels. Ever since the tenants became deemed owners of their lands, no legal framework exists to take care of joint responsibilities of land holders.

We have therefore prepared a comprehensive Draft Bill which we wish to call The Goa Land and Water Bodies (Conservation and Management) Bill. The salient features of this Bill are:

1) Conservation of Agricultural Land and Water Bodies on the lines of Conservation of Forest, Heritage sites and buildings, etc . This is being proposed because of large scale urbanization at the cost of fertile lands in Goa. Exemption to this clause will be available under laws enacted by the Assembly.

2) Prevention of sale of Agricultural lands to non agriculturists and non residents - In Karnataka, Maharashtra and most other states non agriculturists cannot purchase or even hold agricultural land. In the absence of such a law in Goa agricultural lands specially orchard lands are being purchased by rich non-Goans who keep such land fallow and unproductive for obvious speculative reasons. It is proposed to define “agriculturist” as one who resides in a radius of say 10 kms from the concerned land and who has an approved plan of agricultural development and a non residential as some one who has not stayed in Goa for a continuous period of 25 years. This may help save Goan land for Goans.

3) Prevention of Fragmentation and Consolidation of Agricultural properties - Farm holdings in Goa are not only small, they are also fragmented into tiny pieces scattered in different locations. Partition of land holdings between co-owners often results in uneconomic holdings. It is proposed to prevent fragmentation and enable consolidation of land holdings.

4) Joint respomsibilities of land holders with regard to farm access, protective bunds, fisheries, etc - This provision prescribes the ambit of joint responsibilities of landholders benefiting from irrigation facilities, water channels, bunds, dykes roads, etc including, protection, maintenance and repairs of such facilities and right to fisheries.

5) Standards of cultivation and penalty for leaving any land fallow or unproductive - Large tracks of agricultural lands are being increasingly left fallow by land holders many of whom are protected tenant purchasers. No standards for cultivation are prescribed. No attempts are also made to reclaim agricultural lands inundated by saline waters. This Bill seeks to penalize agricultural land holders if they keep their lands fallow or do not cultivate as per prescribed standards of cultivation.

6) Contract Farming - Some lands are left fallow or cultivated below standard norms for genuine reasons like sickness, advanced age, poverty, etc. Such landlords would be permitted to give their lands on contract basis for the purpose of farming without creating any permanent rights in the farm land in favour of the Contractor.

7) Co -operative farms and Farming Estates - New technological inputs involving considerable costs cannot be undertaken by small landholders. This provision will enable formation of agricultural estates, co-operative farms, etc by more than 10 farmers holding contiguous land in one or more villages.

RECOMMENDATIONS

Draft Bill annexed hereto which seeks to provide for Conservation and Management of Agricultural Land and Water Bodies, Ban on sale of Agricultural land to non agriculturists and non Goans, prevention of fragmentation of agricultural land, joint responsibilities of land holders, standards of cultivation and penalties for leaving land fallow, as well as Contract Farming and establishment of Co-operative Farms and Farming Estates be considered by the Legislative Assembly of Goa in Post Golden Jubilee Year of Liberation.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

The Goa Land and Water Bodies Conservation and Management Bill 2011

An Act to provide for conservation of agricultural land, prevention of sale of agricultural land to non agriculturists, imposing standards of cultivation of agricultural land, contract farming and establishment of co-operative farms and farming estates, etc.

1. Short title, extent and commencement: (1) This Act may be called The Goa Land Conservation and Management Act 2011. (2) It extends to the whole of the State of Goa. (3) It shall come into force on such date as the State Government may prescribe and different dates may be prescribed for different provisions.

2. Definitions: (1) “Agriculture” means raising of useful or valuable products which derive nutriment from the soil with the aid of human labour and skill and includes horticulture, dairy farming, poultry farming, stock breeding and grazing.

(2) “Agriculturist” means a person who cultivates the land personally and who continuously resided in Goa for a period of 25 years from the date this Act comes into force.

Explanation : In case of juridical person like Company, Partnership, Trust, or Society, it shall be treated as non resident in case such a juridical person does not hold registration in Goa for 25 years and all Directors, partners, trustees or members are persons who have not resided in Goa for a period of 25 years.

(3) “Contract farming” means cultivation of land by a Contractor.

(4) “Contract farming Agreement” means an agreement executed between a land holder and a contractor for the cultivation of the land in the prescribed manner.

(5) “Contractor” means a person who cultivates land under a Contract Farming Agreement and includes a Co-operative Society or a Company registered under the Companies Act, a Society registered under the Societies Registration Act 1864, a trust or association of individuals or any other entity duly recognized and registered with the Mamlatdar of the Taluka where the land is situated.

(6) “Land” means agricultural land, that is to say, land which is used for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pasture land, plantation land but does not include lands other than lands marked as ECO-1 and ECO-2 under the Regional Plan prepared under the Town and Country Planning Act.

(7) “Land holder” means owner, occupant, tenant or deemed purchaser or any other person lawfully in possession of land.

(8) “Non Agriculturist” means a person who is not an agriculturist as defined in this Act.

(9) “Uncultivated land” means land which is left fallow and uncultivated or cultivated in violation of rules relating to standards of cultivation prescribed by the Government.

(10) “ Water bodies” shall mean and include all lakes, reservoirs, springs, streams, monsoon water drains, rivers, waterways and lands appurtenant thereto to the extent of 15 meters.

Chapter I

3. Conservation of land and Water Bodies (1) Use of land for non agricultural purpose is barred and water bodies shall not be encroached, filled with mud, debris or any other natural

Notwithstanding anything contained in any other law for the time being in force no authority of the State Government, shall make, except with the prior approval of the Legislative Assembly of Goa any order directing or permitting (i) any land to be used for non agricultural purposes (ii) any water body to be encroached, filled with mud, debris or any other material, diverted, closed, constructed upon or in any way damaged or destroyed.

Chapter II

Prevention of Sale of Agricultural land to Non Agriculturist

4. Acquisition of land by certain persons prohibited (1) Notwithstanding anything contained in any other law .judgment, decree, order, contract in force on and from the commencement of The Goa Land and Water Bodies Conservation and Management Act 2011, a non agriculturist shall not be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and party in another.

(2) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

5. Prohibition of acquiring rights and holding land by certain persons (1) a Notwithstanding anything contained in any other law .judgment, decree, order, contract in force with effect on and from the date of commencement of this Act, except as otherwise provided in this Act,- (a) no person who is a non resident shall be entitled to hold land; and

(b)it shall not be lawful for, (i)an educational, religious or charitable institution or society or trust, capable of holding property; except where the income from the land is appropriated solely for the institution or the society or the trust as the case may be.

(ii)a company; except where the primary purpose of such company is agriculture.

(iii)an association or other body of individuals not being a joint family, whether incorporated or not; except where the primary occupation such association or body is in agriculture.

(iv)a co-operative society other than a co-operative farm, to hold any land,

Provided any person holding land or entitled by way of inheritance on the date of commencement of this Act shall be exempt from this clause.

(2) Every such institution, society, trust, company, association, body or co-operative society-

(a) which holds land on the date of commencement of this Act and which is disentitled to hold lands under sub section(1), shall, within ninety days from the said date furnish to the Mamlatdar within those jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and

(b) which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.

(3) The Mamlatdar shall, on receipt of the declaration under sub section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the Collector who shall, by notification, declare that such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.

(4) In respect of the land vesting in the State Government under this section an amount equivalent to the market price as on the day of vesting such land in the State Government shall be paid.

6. Penalty for failure to furnish declaration (1) Where a person fails to furnish the declaration under section 4 or section 5 or furnishes a declaration knowing or having reason to believe it to be false, the Mamlatdar shall issue a notice in the prescribed form to such person to show cause within fifteen days from the date of service thereof why the penalty specified in the notice, which may extend to five thousand rupees, may not be imposed upon such person.

(2) If the Mamlatdar on considering the reply, if any, is satisfied that the person had failed to furnish the declaration without reasonable cause or had filed it, knowing or having reason to believe it to be false, he may, by order, impose the penalty and also require such person to furnish within a period of one month from the date of the order a true and correct declaration complete in all particulars.

(3) If the person fails to comply with such order, his right title and interest in the land concerned shall, as penalty, be forfeited to and vest in the State Government.

7. Transfer to non-agriculturist barred (1) (a) No person shall sell (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift or exchange or lease any land or interest therein, to any person who is non agriculturist and is disentitled to acquire or hold any land.

(b) No mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be lawful in favour of a person who is disentitled under this Act to acquire or hold any land.

8. Reporting of illegal transactions Every village officer and every officer in the Revenue, Registration and Land Records Departments shall report to the Collector every transaction in respect of any land in contravention of any of the provisions of this Act which comes to the notice of such officer.

9. Inquiry regarding illegal transactions The Collector shall, after a summary inquiry, determine whether the transaction reported to him under section 9 or coming to his notice in any other manner is in contravention of the provisions of this Act, and make a declaration accordingly. Any transaction so declared to be in contravention of any of the provisions of this Act shall be null and void. The land in respect of which such transaction has taken place shall, as penalty, be forfeited to and vest in the State Government free from all encumbrances and no amount shall be payable thereof.

Chapter III Prevention of Fragmentation and Consolidation of agriculture land

11. Minimum holding of agricultural land shall not be less than economic holding as defined under Rules made under this Act.

12. No agricultural land shall be divided or sub divided so that any portion of it is less than an “economic holding” as defined under Rules framed under this Act.

13. The Government shall as far as possible consolidate all agricultural holdings so as to conform to the definition of an economic holding wherever possible in such manner as may be prescribed.

Chapter IV Farm Accesses, Sources of water, Water Channels, Protective Bunds, Water bodies, etc.

14. Notwithstanding anything contained in other law or any order or judgment and direction of any Court no person shall prevent access to any landholder of any landlocked land or beneficiary of any sluice gate, boundary mark, public water channel or natural water source or protective bund or a water body at any time.

15. (1) It shall be the duty and responsibility of the landholder benefiting from any farm road, boundary mark or access water channel, natural water source or sluice gate or a protective bund or a ridge or border of any tank, rivers or water course or other source of irrigation to maintain and keep in good repair any such farm road access water channel, natural water source, sluice gate or protection bund, ridge or border as the case may be.

15. (2) If it appears to the Mamlatdar suo moto, or on an application made by any aggrieved party that any road, access way, water channel, natural water source, sluice gate, protective bund, ridge or border of any tank, river, water course and or any source of irrigation has been or is being blocked, obstructed, neglected, damaged or needs any repair, reconstruction or maintenance, he may direct that any such blockade or obstruction be removed forthwith and or any repairs, reconstruction or maintenance be carried out forthwith.

15. (3) In the event of failure to abide by the directions issued by the Mamlatdar under sub section (2) above thee Mamlatdar may cause the blockade or obstruction to be removed or direct the repairs, reconstruction or maintenance to be carried out at the cost of any complainant or the Government and recover the same from the concerned landholders as arrears of land revenue.

16. Landholders right to operate sluice gates and right to fisheries : (i) Where, for the purpose of regulating supply of water or for irrigation of any land, there is any sluice gate or other such contrivance, the right to operate and the duty and responsibility of maintaining such sluice gate or other contrivance, as also the right to the fisheries, if any, in the vicinity thereof, shall be that of the landholder, notwithstanding any other law, custom, usage, agreement or contract, decree or order of any court to the contrary.

(ii) The rights conferred on a landholder under sub section (i) shall, where there are more landholders than one who derive benefit from the same sluice gate or other such contrivance, be exercised by all the landholders jointly in accordance with such principles as may be prescribed.

(iii) Nothing in sub section (i) and (ii) above shall be deemed to confer on the landholder any right to any fisheries or other property in the ownership or possession of Government or to authorize him to block or stagnate water for the purpose of catching or breeding fish, in any land used for agriculture.

17. Construction of water course through land belonging to other person - (1) If any landholder (hereinafter called the applicant) desires to construct, or repair or to maintain as the case may be, water course to take water for purpose of agriculture from a source of water to which he is entitled but such water course is to be constructed or runs through any land which belongs to, or is in possession of, another landholder (herein called the neighbouring land holder) and if no private agreement is arrived at for such construction or repairs or maintenance, as the case may be, between the applicant and the neighbouring holder, the person desiring to construct or repair or maintain the water course may make an application to the Mamlatdar.

(2) On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neighbouring holder and all other persons interested in such land an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant it is necessary to construct (or to repair or to maintain, as the case may be) the water course, he may, by order in writing direct the neighbouring owner to permit the applicant to construct the water course in such manner as may be technically feasible.

(i) the applicant shall pay to the neighbouring landholder such compensation for any damage caused to such land by reason of the construction of the water course or such annual rent, as the Mamlatdar may decide to be reasonable;

(ii) the applicant shall maintain the water course in a fit state of repairs;

(iii) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder; and

(iv) such other conditions as the Mamlatdar may think fit to impose.

(3) An order made under sub section (2) shall direct how the amount of compensation shall be apportioned among the neighbouring landholders and all persons interested in the land.

(4)An order made under sub section (2) shall, after the applicant executes an agreement as required under clause (iii) of sub section (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such works as may be necessary for the construction of the water course and for renewing or repairing the same.

The provisions of the foregoing sub sections shall apply mutatis mutandis to the case of a person whose land does not have adequate drainage facilities and who desires to construct a drainage channel through any land which belongs to, or is in the possession of, another person.

18. Procedure for regulating the discharge of joint responsibility of landholder : (1) Where under any of the provisions of this Act, the duty and responsibility of any work of conservancy, maintenance or repair of any bund, embankment, ridge, sluice gate or any other work is that of more than one landholder, Government may, by rules regulate the manner in which such duty or responsibility shall be discharged and also the determination and recovery of the share of the landholder of the cost of a work to which he is under an obligation to contribute.

(2) Without prejudice to the generality of the foregoing, such rules may provide for- (i) the constitution, functions and organization of landholders association for any local area;

(ii) the management and regulation of sources of income of the associations such as income from trees on bunds, operation of sluice gates, fisheries and such other sources of income as may be prescribed;

(iii) the termination of the beneficiaries of any work, the apportionment and recovery of the cost of such work from among them;

(iv) the manner in which works shall be executed, and

(v) the conditions and mode of payment of Government’s contribution.

(3) Any sum which is payable by a landholder or any other person towards the cost of any such work as is referred to in sub section (1) shall be recoverable as arrears of land revenue.

Chapter V Standards of Cultivation

19. The Government shall from time to time prescribe standards of cultivation of all lands.

20. Cultivation of uncultivated lands - Where any landholder leaves his land uncultivated or cultivates it below the prescribed cultivation standards for a period not less than two consecutive years without sufficient cause, or the cultivation of any land has seriously suffered for any other cause whatsoever, or that any land capable of being used, if reclaimed or otherwise, howsoever, has not been reclaimed or otherwise improved and cultivated, the Mamlatdar shall call upon such land holder to cultivate the land or reclaim and cultivate as the case may be such land within one year from the date of service of notice. The Mamlatdar shall be entitled to take over management of such land in the event the landholder fails to comply with the notice. Such land may thereupon be entrusted to a contractor willing to cultivate it personally subject to such terms and conditions as may be prescribed.

Explanation: A land which can be cultivated both during “Serd” (Kharif) and Varugan (Rabi) season in a year, if not cultivated during any one of the seasons during any year shall for any purposes of this section be deemed to have remained uncultivated for that year.

Chapter VI

Contract farming

21. A landholder incapable of cultivating land may request the Mamlatdar to take over management of his land and to give such land on contract to a contractor.

22. A Mamlatdar of the area wherein such land is situated shall have powers to take over possession and management of any uncultivated land and hand it over to a contractor willing to cultivate it on payment of such rent and for such minimum period and subject to such conditions as may be prescribed.

23. Every contract under this Chapter shall be executed by the Mamlatdar on behalf of the land holder or other person entitled to be in possession of the land, and the contractor shall be liable to pay the rent specified in the agreement to the person on whose behalf the agreement was executed at the time and in the manner provided for in the farming contract.

24. The land holder or other person on whose behalf the land is given on contract by the Mamlatdar, shall in respect of the services rendered by the State Government under this Chapter, be liable to pay to the State Government such sum as may be prescribed and the said sum shall be recoverable as arrears of land revenue.

25. Delivery of possession after the period of agreement After the expiry of the period of the agreement granted under this Chapter, or upon breach of any condition of the Contract Farming Agreement the Mamlatdar shall take over possession of the land from the contractor and deliver possession thereof to the person entitled to the possession or to any other contractor with the consent of the landholder.

Chapter VII

Contract farming Agreement

26. A Contract Farming Agreement shall be in such form and shall contain such provisions as prescribed and which is registered with the Mamlatdar of the Taluka where the land is situated.

27. Not withstanding the provisions of any other law applicable to Contract Farming lands the agreement executed hereunder shall not create any ownership or any other right in favour of the contractor.

28. Any dispute arising from or touching the terms and conditions set out in the contract farming agreement shall be referred to the Mamlatdar who shall after hearing the parties concerned decide the dispute within a period of 30 days.

29. Any party aggrieved by the decision of the Mamlatdar shall have a right to appeal within 15 days from the date of the order passed by the Mamlatdar to the Collector who shall decide the appeal within a period of 30 days from the date of filing the appeal.

The decision of the Collector shall be final.

30. The decision of the Mamlatdar and Collector shall be deemed to be decree of the Civil Court and may be executed in the same manner as a decree.

31. The provision of the Goa Agriculture Produce Market Act shall not apply to the produce obtained from a contract farm.

32. Cancellation of the contract Where a contractor to whom a contract has been granted under the provisions of the Act, violates the terms of the contract or provisions of this Act and the Rules framed there under, the Mamlatdar may cancel the contract and grant a fresh contract to any other person on such terms and conditions as he thinks fit and the person whose contract is cancelled under this section shall forfeit all rights under his contract and shall also be liable

to pay such sum by way of damages as may be determined by the Mamlatdar in each case. The sum so determined as damages shall be recoverable as arrears of land revenue.

Chapter VIII

Co-operative Farms

33. Formation of a Co-operative Farm Any ten or more land holders of a village or two or more contiguous villages holding between them, rights in and possession over fifty acres or more in such village or contiguous villages and desiring to start a Co-operative Farm comprising the land so held and possessed by them may apply in writing in the prescribed form to the Registrar of Co-operative Societies (hereinafter referred to as the Registrar) for the registration thereof.

Explanation- More than one Co-operative Farm may be registered in any village under this Chapter.

34. Application for registration An application for the registration of a Co-operative Farm shall be accompanied by extracts from the records of rights or other records showing the total area with the survey numbers of all the fields held by each of the applicants in the village or contiguous villages and shall contain such other particulars as may be prescribed.

35. Registration of Co-operative Farm (1)After making such enquiry as may be prescribed, the Registrar shall, unless he is satisfied that it is not in the best interests of all concerned to do so, register the Co-operative Farm under the Goa

Co-operative Societies Act, 2009, and grant a certificate of registration and forward a copy of Certificate of Registration to the Mamlatdar of the Taluka.

36. Members land transferred to the farm (1)When a Co-operative Farm has been registered as provided in section 35, the possession of all lands in the village or contiguous village held by members of the Co-operative Society in respect of which the Co-operative Farm is registered shall, for so long as the registration of the Co-operative Farm is not cancelled, stand transferred to the Co-operative Farm, which shall thereupon hold such lands and may use it for agricultural purposes.

(2)If any person is admitted as a member of a Co-operative Farm after its registration, the possession of the lands held by and in the possession of such members in respect of which he becomes a member, shall stand transferred to the Co-operative Farm.

(3)No member of a Co-operative Farm shall withdraw his membership unless he satisfies such condition as may be prescribed.

(4)On the withdrawal of membership of a Co-operative Farm by any person the possession of the lands in respect of which he had become a member shall, subject to such restrictions and conditions as may be prescribed, be transferred by the Co-operative Farm to such person.

37. Consequences of registration When a certificate of registration in respect of any Co-operative Farm has been granted as provided in section 35, the provisions of the Goa Co-operative Societies Act, 2009, and the rules made there under shall, so far as they are not inconsistent with the provisions of this Act or of the rules made there under, be applicable thereto.

38.By-laws of the Farm Every application under section 34 shall be accompanied by a copy of the proposed bye-laws of the Co-operative Farm and such bye- laws shall be deemed to be the bye-laws required to be filed under the provisions of the Goa Co-operative Societies Act, 2007.

39. Amendment of the bye-laws by the Registrar The Registrar may, at any time on an application made by the majority of the members of a Co-operative Farm, or on his own motion after giving notice to the Farm in such manner as may be prescribed, and after giving an opportunity to the Co-operative Farm to be heard, amend the bye-laws.

40. Land contributed to the Co-operative Farm to continue to vest in the land-holder thereof Nothing in this Chapter shall be deemed to cause the right of ownership or Tenancy or deemed ownership of land holder in the land contributed by or on his behalf to a Co-operative Farm to cease to vest in him.

41. Rights, privileges, etc, of members Every member of a Co-operative Farm shall be entitled to such rights and privileges, be subject to such obligations and liabilities, and be bound to discharge such duties as may be prescribed.

42. Contribution by a member Subject to such exceptions as may be prescribed, every member shall be bound to contribute to the Co- operative Farm to the extent and in the manner prescribed- (iii) funds,

(iv) personal labour,

(v) agricultural implements, agricultural stock and such other articles as may be prescribed.

43. Liability of the Farm to land revenue and other dues A Co-operative Farm shall, as from the date on which it is constituted, or the date in which a new member is admitted, be liable for the payment of all the land revenue, cesses, water rate, betterment contribution and local rates, payable by the land owner in respect of the land the possession of which is transferred to it under section 36.

44. Admission of new members Any person, who is a resident of the village or contiguous villages in which a Co-operative farm is situated may be admitted as a member thereof upon such terms and conditions as may be prescribed.

45. Heirs deemed to be members of the Farm When a member whose land is held by a Co-operative Farm dies, his heirs shall be deemed to have become members of the Co- operative Farms.

46. Concessions and facilities for the Co-operative Farm (1) A Co-operative Farm shall be entitled to such concessions and facilities as may be prescribed.

(2) Without prejudice to the generality of the foregoing provision, the prescribed concessions and facilities may include- (i) reduction of land revenue, (ii) reduction of or exemption from agricultural income tax, (iii) free technical advice from experts employed by the Government (iv) financial aid and grant of subsidies and loans with or without interest, and (v) priority in irrigations from State irrigation works.

(3) For the purpose of this section, Co-operative Farm shall be deemed to include a co-operative society registered before the appointed day under the law relating to registration of co- operative societies, as a co-operative farming society.

Chapter IX

Farming Estates

47. Formation of a Farming Estate Any five or more persons of a village or two or more contiguous villages holding between them, either as land owners or tenants, rights in and possession over fifty acres or more in such village or contiguous villages and desiring to start a Farming Estate comprising the land so held and possessed by them may apply in writing in the prescribed form to the Mamlatdar for the registration thereof and provisions of Chapter VIII shall apply mutatis mutandis to a Farming Estate.

Explanation- More than one Farming Estate may be registered in any village under this Chapter.

48. Penalties (1) Whoever contravenes any of the provisions of this Ac or of any rule made there under shall, on conviction by a first class judicial magistrate, be Punished with a fine not exceeding Rs.50,000/- and simple imprisonment not exceeding two years .

(2) Any offence committed under this Act shall be cognizable and bailable.

(3) Any Court taking cognizance of the offence shall be entitled to pass an order of injunction or such other order as the case may be which in the interest of justice may be required to be passed to maintain the status quo or save the land or water body from damage as if such Court was a Civil Court.

49. Power to make rules (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) Every Rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of Goa.

50. Appeal Any person aggrieved by any order or direction passed by the Authority under this Act may file an appeal to the Administrative Tribunal within 30 days. Any order passed in appeal will be final. The Administrative Tribunal is entitled to condone the delay in filing the appeal in case sufficient cause is shown in filing the appeal

GOVERNMENT OF GOA

LAW COMMISSION

Report on Right of Citizens for Time Bound Disposal of Official Works

Report No. 19

March 2012

LAW COMMISSION, GOA

(REPORT No. 19)

Report on Right of Citizens for Time Bound Disposal of Official Works

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the day of 25th March 2012.

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho

Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

The text of this Report is available on the internet www.goalawcommission.gov.in

REPORT

Report on Right of Citizens for Time Bound Disposal of Official Works

Common man (Aam Admi) suffers at all levels at the hands of Government servants. Our mammoth bureaucracy is a like a huge cobweb which catches, entangles and suffocates poor aam admi.

He can only bribe his way out of the cobweb of red tape or use influence if he has the right connection. Corruption, nepotism and favourism have therefore percolated at all levels of Administrative set up. No Lokpal/Lok Ayukta or any Administrative reference will ever be able to ensure timely disposal of official work unless a time frame for disposal of office work is prescribed and the erring Government official is held accountable for his acts of omission or commission.

While we were thus contemplating on measures to propose a mechanism for time bound disposal of official work our attention was drawn to an article published in the daily Gomantak dated 31/08/2011 captioned “laaik/paala laD/a`$qa/ela w/usar/i paa[Vla ”. We contacted the Author of the Article for his advice. We were presently surprised to receive from the author Shri Arvind Surve, a retired IAS Officer, a prototype of a legislation on the subject matter, designed on the lines of Right to Information Act. Shri Surve was kind enough to call on us in person and to discuss his draft with us. We decided to adopt his draft with a few modifications. The Draft Bill “The Right to Time Bound Lawful Disposal of Official Work Bill 2011” is the outcome of the deliberation with Mr. Surve. The Law Commission records with gratitude the contribution of Shri Arvind Surve in drafting the Bill.

Salient features of the Bill 1. The Act recognizes and postulates that every citizen has a right to have his application or work or case disposed by the Government within stipulated time periods.

2. It enjoins upon every Public Authority except intelligence and security organizations to publish a charter of its organization, functions, duties, and powers of its officers, procedure and process of making decisions, supervise and accountability as well its Rules and Regulations.

3. It provides for creation of - a) Official work disposal officers in every public authority who shall dispose of work within the prescribed time frame, except subjudice matters.

b) State Level Official Work Disposal Commission to be appointed by the Governor on the recommendation of a Committee consisting of CM, a Cabinet Minister and Leader of Opposition which shall hear appeals against the orders of official work Disposal Officers.

4. Official Work Disposal Officers shall be liable for Penalties and disciplinary action for dereliction of duties.

RECOMMENDATION

The Draft Bill “Report on Right of Citizens for Time Bound Disposal of Official Works” may be passed in the Legislative Assembly

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE RIGHT TO TIME BOUND LAWFUL DISPOSAL OF OFFICIAL WORKS BILL :2012

The Goa Right to Time Bound Lawful Disposal of Official Works Bill 2012

An Act to provide for Right to Time Bound Disposal of Individual Citizen’s applications/cases, to secure speedy and timely disposal of Citizen’s applications/cases, in order to ensure, efficient and justifiable disposal of Citizen’s cases, transparency and accountability in the working of every public authority, the constitution of STATE OFFICIAL WORK DISPOSAL COMMISSIONER and for matters connected therewith or incidental thereto.

Whereas in a welfare state, it is necessary to ensure transparency and accountability of Government, a time bound right of disposal of official works, and also to contain corruption and to hold Government and its instrumentalities accountable to the governed.

Be it enacted by Goa Assembly in the Sixty Second Year of the Republic as follows.

CHAPTER I

PRELIMINARY

1) Short Title, extent and commencement 1) This Act may be called the Goa Right to Time Bound Lawful Disposal of Official Works Act 2012. 2) It may extend to whole of Goa 3) This Act shall come into force on the………….this day of 2012.

2) Definitions In this Act, unless the context otherwise requires,- a) “appropriate Government” means in relation to a public Authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly- The State Government; b) “The State Government” means the State Government of Goa. c) “State Public Official Work Disposal Officer” means the State Public Officer designated under sub section 1 and includes a State Assistant Public Officer designated as such under sub section (2) of section 5;

d) “Chief Official Work Disposal Commissioner” and “Official Work Disposal Commissioner” means the Chief Commissioner and Commissioner appointed under sub section (3) of section 12. e) “Competent Authority”- (i) the Speaker of the Legislative Assembly in the case of Legislative Assembly (ii) The Justice of the High Court in the case of a High Court (iii) The Governor, as the case may be, in the case of other Authorities established or constituted by or under the Constitution

f) “ Official work” includes Any application/cases of Citizen or Citizens or file regarding any Government Service to Citizen; g) “Prescribed” means prescribed by rules made under this Act by the State Government or the Competent Authority, as the case may be;

h) “Public Authority” means any Authority or body or institution of self Government established or constituted- (i) by or under the Constitution; (ii) by any other law made by State Legislature; (iii) by notification issued or order made by the State Government, And includes any- (iv) body owned, controlled or substantially financed; (v) non Government Organization substantially financed, directly or indirectly by funds provided by the appropriate Government;

i) “Right to Lawful Disposal of official work” means the right to get disposed the official work prescribed under this Act which is done by or under the control of any public authority and includes the right to disposal of official work, documents, records in specified time limit prescribed under this Act;

j) “State Official Work Disposal Commission” means the State Official work Disposal Commission constituted under sub section (1) of section 15;

k) “State Chief Official Work Disposal Commissioner” and “State Official Work Disposal Commissioner” means the State Chief Commissioner and State Commissioner appointed under sub section (3) of section 15;

l) “State Public Official Work Disposal Officer” means the State Public Disposal Officer designated under sub section (1) and includes a State Assistant Public Officer designated as such under sub section (2) of section 5.

CHAPTER II

PROVISION RELATING TO RIGHT TO TIME BOUND LAWFUL DISPOSAL OF CITIZEN’S APPLICATIONS AND CASES AND OBLIGATIONS OF PUBLIC AUTHORITIES

3) Right to Time bound disposal of official work Subject to the provisions of this Act, all citizens shall have the right to time bound disposal of their applications, work and cases, relating to Government.

4) Obligations of Public Authority Every Public Authority shall- a) publish within one hundred and twenty days from the enactment of this Act,- (i) The particulars of its organization, functions and duties; (ii) The powers and duties of its officers and employees; (iii) The procedure followed in the decision making process, including channels of supervision and accountability; (iv) The norms set by it for the discharge of its functions; i. the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; ii. and thereafter update these publications every year;

5) Designation of official work Disposal Officers 1) Every public Authority shall, within one hundred days of enactment of this Act, designate as many officers as the State official work disposal officers, as the case may be, in all administrative units or offices under it as may be necessary to dispose office work to persons requesting for disposal of office work under this Act.

2) Without prejudice to the provisions of sub section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level as a State Assistant official work Disposal Officer, as the case may be, to receive the applications for disposal of official work or appeals under this Act for forwarding the same forthwith to the State official work disposal Officer or senior officer specified under sub section (1) of section 19 or the State official work disposal Commission, as the case may be.

Provided that where an application for disposal of official work or appeal is given to State Assistant official work disposal officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub section (1) of section 7. 3) Every State official work disposal Officer, as the case may, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such disposal of official work.

4) The State Public official work disposal Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the roper discharge of his or her duties.

5) Any officer whose assistance has been sought under sub section (4), shall render all assistance to the State official work disposal Officer, as the case may be seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a State official work disposal Officer, as the case may be.

6) Request for obtaining information 1) A person, who desires to dispose official work under this Act, shall make a request in writing or through electronic means accompanying such fee as may be prescribed, to- (a) State official work disposal Officer, as the case may be, of the concerned work disposal Officer, as the case may be, of the concerned pubic authority.

(b) State official work disposal Officer, as the case may be, specifying the particulars of official work disposal sought by him or her.

Provided that where such request cannot be made in writing, the State official work disposal Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

2) An applicant making request for disposal of official work shall not be required to give any other personal details except those that may be necessary for contacting him.

3) Where an application is made to a public authority requesting for disposal of official work (i) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

7) Disposal of official work 1) Subject to the proviso to sub section (2) of section 5 or the proviso to sub section (3) of section 6, the State official work Disposal Officer as the case may be on receipt of such request under section 6 shall as expeditiously as possible and in any case as per prescribed Schedule to ensure disposal of the official work reject the request for any reason specified in section 8 and 9;

2) The State official work Disposal Officer as the case may be fails to ensure and dispose the official work within stipulated time as described in the Schedule, the State official work Disposal Officer and the concerned officer/authority as the case may be shall be deemed to have refused to do the official work.

3) Where the decision is taken to dispose the official work on payment of any fee representing the cost to dispose the official work, the State official work Disposal Officer as the case may be shall send an intimation within 7 days to the person making the application, for giving specific disposal of office work application, cases of individual, file related to such subject and pending for disposal in any public authority office for lawful disposal of cases.

4) Where the disposal of official work has been rejected under sub section (1) the official work disposal officer as the case may be shall communicate to the person making the request- (i) the reasons for such rejection (ii) the period within which an appeal against such disposal of official work may be preferred and i) the particulars of the appellate authority

8) Exemption from Disposal of applications/cases 1) Notwithstanding anything contained in this Act there shall be no obligation to dispose the official work in matters which are subjudice, under the prevalent act/rules.

9) Grounds for rejection to disposal of official work in certain cases Without prejudice to the provisions of section 8 a State official disposal officer as the case may be may reject request for disposal of official work where such a official work disposal would involve any secrecy of State and communicate valid reasons thereof.

10) Severability 1) Where disposal of official work pertains to only a part of the official work under sub section (1) the State lawful official work disposal officer as the case may be shall give a) the reasons for the decision, including any findings on any material question of fact referring to the material on which those findings were based;

b) the name and designation of the person giving the decision;

c) his or her rights with respect to review of the decision regarding non disclosure of remaining part of the official work the amount of fee charged or the form of access provided including the particulars of the Senior officer specified under sub section (1) of section 19 or the State official work disposal Commission as the case maybe, time limit, process and any other form of access.

CHAPTER III

THE STATE LAWFUL OFFICIAL WORK DISPOSAL COMMISSION

11) Constitution of state lawful official work disposal Commission 1) The State Government shall, by notification in the Official Gazette, constitute a body to be known as the State lawful official work disposal Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

2) The State official work disposal Commission shall consists of a) the State lawful official work disposal Commissioner; and b) such number of state lawful official work disposal Commissioner not exceeding three, as may be deemed necessary.

3) The Chief lawful official work disposal Commissioner and lawful official work disposal Commissioners shall be appointed by the Governor on the recommendation of a Committee consisting of- i) The Chief Minister, who shall be the Chairperson of the Committee; ii) The Leader of Opposition in Vidhan Sabha; and iii) A Cabinet Minster to be nominated by the Chief Minister

Explanation- For the purpose of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognized as such, the Leader of the single largest group of opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

4) The General Superintendence, direction and management of the affairs of the State lawful official work disposal Commission shall vest in the Chief lawful official work disposal Commissioner and may exercise all such powers and do all such acts and things which may be exercised or done by the State lawful official work disposal Commission autonomously without being subjected to directions by any other authority under this Act.

5) The Chief lawful official work disposal Commissioner and lawful official work disposal Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service management, journalism, mass media or administration and governance.

6) The Chief lawful official work disposal Commissioner or lawful official work disposal Commissioner shall not be Member of Parliament or Member of Legislature, as the case may be, or hold any other office of profit or be connected with any political party or organization or carrying on any business or pursuing any profession.

7) The Headquarters of the State lawful official work disposal Commission shall be at such place as the Government may notify.

12) Term of office and condition of service 1) The Chief lawful official work disposal Commissioner shall hold office for term of five years from the date on which he enters upon his office and shall not be eligible for reappointment.

Provided that no Chief lawful official work disposal Commissioner shall hold office as such after he has attained the age of sixty five years.

2) Every lawful official work disposal Commissioner shall hold office for term of five years from the date on which he enters upon his office or till he attains the age of sixty five years, whichever is earlier, and shall not be eligible for re-appointment as such lawful official work disposal Commissioner.

Provided that every lawful official work disposal Commissioner shall, on vacating his office under this sub section be eligible for appointment as the Chief lawful official work disposal Commissioner in the manner specified in sub section (3) of section 12.

Provided further that where the lawful official work disposal Commissioner is appointed as the Chief lawful official work disposal Commissioner, his term of office shall not be more than five years in aggregate as the official work Commissioner and the Chief lawful official work disposal Commissioner and the lawful official work disposal Commissioner.

3) The Chief lawful official work disposal Commissioner or lawful official work disposal Commissioner shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form prescribed.

4) The Chief lawful official work disposal Commissioner or lawful official work disposal Commissioner may, at any time, by writing under his hand addressed to the Governor resign from his office.

5) The salaries and allowances payable to and other terms and conditions of service of a) The Chief lawful official work disposal Commissioner shall be the same as that of the State Election Commissioner;

b) The lawful official work disposal Commissioner shall be the same as that of a Deputy Election Commissioner.

Provided that if the Chief lawful official work disposal Commissioner or lawful official work disposal Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the State Government, his salary in respect of the service as the Chief lawful official work disposal Commissioner or lawful official work disposal Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity.

Provided further that if the Chief lawful official work disposal Commissioner or an lawful official work disposal Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any State Act or a Government Company owned or controlled by the State Government, his salary in respect of the service as the Chief lawful official work disposal Commissioner or lawful official work disposal Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits.

Provided also that the salaries, allowances and other conditions of service of the Chief lawful official work disposal Commissioner and the lawful official work disposal Commissioners shall not be varied to their disadvantage after their appointment.

6) The State Government shall provide the Chief lawful official work disposal Commissioner and the lawful official work disposal Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and salaries and allowance payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

CHAPTER IV

APPEALS AND PENALTIES

13) Power and function of Commission 1) Subject to the provisions of this Act, it shall be the duty of the State Official Work Disposal Commission, as the case may be, to receive and inquire into complaint from any person a) who has been unable to submit a request to a State Official Work Disposal Officer, as the case may be, either by reason that no such Official Work Disposal Officer has been appointed under this Act or because the State Assistant Official work disposal Commissioner or appeal under this Act for forwarding the same to the State Office work disposal Officer Senior Officer specified in sub section (1) of section 19 or the State Office work Commission as the case may be;

b) who has been refused access to any office work requested under this Act.

c) who has not been given a response to request for office work disposal access to disposal of office work within the time limit specified under this Act;

d) who has been required to pay an amount of fee which he or considers unreasonable;

2) Where the State Official work disposal Commission, as the case may be, is satisfied that there is reasonable ground to dispose the office work, it may inquire in respect there for.

3) The State Office work disposal Commission, as the case may be, shall while inquiring into any matter under this section have same powers as are vested in the Civil Court while trying suit under the Code of Civil procedure, 1908, in respect of the following, namely:-

a) Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

b) Requiring the discovery and inspection of document;

c) Receiving evidence on affidavit;

d) Requisitioning any public record or copies thereof from any Court or office;

e) Issuing summons for examination of witnesses or documents; and

f) Any other matter which may be prescribed.

4) Notwithstanding anything inconsistent contained in any other Act State Legislature, as the case may be, the State Official work disposal Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record, to which this Act applies, which is under the control of the public authority, and no such record may be withheld from it any grounds.

14. Appeal 1) Any person who, does not receive a decision within the time specified in sub section (1) or clause (a) of sub section (3) o section 7, or is aggrieved by a decision of the State Official work disposal Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who senior in rank to the State Official work disposal Officer, as the case may be, in each public authority.

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that, the appellant was prevented by sufficient cause from filling the appeal in time.

2) When an appeal is preferred against the order made by State Official work disposal Officer, as the case may be, under section 11 to disclose third party office work, the appeal by the concerned third party shall be made within thirty days from the date of the order.

3) A second appeal against the decision under sub section (1) shall lie within ninety days from the date, on which the decision should have been made or was actually received, with the State Official work disposal Commission.

Provided that the State Official work disposal Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied the appellant was prevented by sufficient cause from filling appeal in time.

4) If the decision of the State Public Official work disposal Officer, the case may be against which an appeal is preferred relates to information of a third party, the State Official work disposal Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

5) In any appeal proceedings, the onus to prove that a denial of request was justified shall be on the State Official disposal Commission, as the case may be, who denied the request.

6) An appeal sub section (1) or sub section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty five days from the date of filing thereof, a the case may be, for reasons to be recorded in writing.

7) The decision of the State Official work disposal Commission, as the case may be, shall be binding.

8) In its decision, State Official work disposal Commission, as the case may be, has the power to,-

a) Require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including- i) By disposing the official work if so required in a particular form; ii) By appointing a State Official work disposal Officer, as the case may be; iii) By making necessary changes to its practices in relation to the maintenance, management and destruction of records; iv) By enhancing the provision of training on the official work disposal for its officials; v) By providing it with an annual report in compliance with clause (b) of sub section (1) of section 4;

b) Require the public authority to compensate the complainant for any loss or other determent suffered;

c) Impose any of the penalties provided under this Act

d) Reject the application

9) The State Official work disposal Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

10) The State Official work disposal Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

15) Penalties 1) Where the State Official work disposal Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the State official work disposal Officer, as the case may be, has, without any reasonable cause, refused to receive an application for official work or has not disposed the official work within the time specified under sub section (1) of section 7 or malafidely denied official work disposal or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the disposal of official work, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty five thousand rupees;

Provided that the State official work disposal Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him.

2) Where the State official work disposal Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the State official work disposal Officer, as the case may be, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the State official work disposal Officer, as the case may be, under the service rules applicable to him.

CHAPTER V

MISCELLANEOUS

16) Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

17) Act to have overriding effect The provisions of this Act shall have effect notwithstanding anything consistent therewith contained in the Official Secrets Act 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

18) Bar of jurisdiction of Courts No Court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

19) Act not to apply to certain organizations 1) Nothing contained in this Act shall apply to the intelligence and security organizations specified in the Second Schedule, being organizations established by the State Government or any information furnished by such organizations to that Government;

2) The State Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organization already specified therein and on the publication of such notification, such organization shall be deemed to be included in or, as the case may be, omitted from the Schedule.

3) Every notification issued under sub section (4) shall be laid before the State Legislature.

20) Monitoring and reporting 1) The State official work disposal Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on

the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.

2) Each Ministry or Department shall in relation to the public authorities within their jurisdiction, collect and provide such information to the State official work disposal Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.

3) Each report shall state in respect of the year to which the report relates- a) the number of requests made to each public authority;

b) the number of decisions where applicants were not entitled to ask to dispose the official work pursuant to the request, the provisions of this Act under which these decisions were made and the number of times such provision were invoked;

c) the number of appeals referred to the State disposal of official work Commission, as the case may be, for review, the nature of the appeals and the outcome were invoked;

d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;

e) the amount of charges collected by each public authority under this Act;

f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;

g) recommendation for reform, including recommendations in respect of the particular public authorities, for the development, improvement, moderation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operational sing the right to access information.

4) The State Government, as the case may be, as soon as practicable after the end of each year, cause a copy of the report of the State office work disposal Commission, as the case may be, referred to in sub section (1) to be laid before each House of the State Legislature where there are to House of the State Legislature before that House.

21) Appropriate Government to prepare programmes 1) The appropriate Government may, to the extent of availability of financial and other resources,- a) develop and organize educational programmes to advance the how to exercise the rights contemplated under this Act.

b) encourage public authorities participate in the development and organization of programmes referred to in clause (a) and to undertake such programmes themselves;

c) promote timely and effective dissemination of accurate information by public authorities about their activities; and

d) train State official work disposal Commission, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.

2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible from and manner, as many reasonably be required by a person who wishes to exercise any right specified in this Act.

3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub section (2), included a) The object of this Act

b) The postal and street address, the phone and fax number and, if available, electronic mail address of the State official work disposal Officer, as the case may be, of every public authority appointed under sub section (1) of section 5.

c) The manner and the form in which request for disposal of office work shall be made to a State official work disposal Officer, as the case may be;

d) The assistance available from and the duties of the State official work disposal Commission, as the case may be, of a public authority under this Act;

e) The assistance available from the State official work disposal Commission, as the case may be,

f) All remedies in law available regarding an Act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filling an appeal to the Commission;

g) The provisions providing for the voluntary disclosure of categories of records in accordance with 4;

h) The notice regarding fees to be paid in relation to request for disposal of office work; and

i) Any additional regulations or circulars made or issued in relation to Disposal of office work in accordance with this Act.

4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

22) Power to make rules by appropriate Government 1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provision of this Act.

2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely:- a) The cost of the medium or print of the materials to be disseminated under sub section (4) of section 6;

b) The fee payable under sub section (1) of section 6;

c) The fee payable under sub section (1) and (5) of section 7;

d) Salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub section (6) of section 13 and sub section (6) of section 16.

e) The procedure to be adopted by the State official work disposal, as the case may be, in deciding the appeals under sub section (10) of section 19; and

f) Any other matter which is required to be, or may be, prescribed.

23) Power to make rules by competent authority 1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provision of this Act.

2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely- i) The cost of the medium or print of the materials to be disseminated under sub section (4) of section 6; ii) The fee payable under section (1) of section 6 iii) The fee payable under section (1) of section 7; and iv) Any other matter which is required to be, or may be, prescribed.

24) Laying of rules 1) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament , while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.

GOVERNMENT OF GOA

LAW COMMISSION

Reforms in Excise Laws

Report No. 20

December 2011

LAW COMMISSION, GOA

(REPORT No. 20)

Reforms in Excise Laws

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 25 th day of March 2012.

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

Reforms in Excise Laws

The Government proposes to modify, amend and redraft the Goa Excise Duty Act 1964 and the Rules made thereafter. Accordingly, the file was referred to us. As the Government had not outlined its views and parameters of change it desired to bring about, we addressed a few queries to the Government. (i) The nature of defects in the existing Excise Legislations noticed/brought to their notice in the course of implementation of the Excise Act and Rules there under.

(ii) The nature of reforms/changes which according to the Government are necessary to be brought about

(iii) Broad perspectives/principles upon which the Excise Legislations must be framed.

(iv) Objectives sought to be achieved by the Government through the new legislation.

(v) Any other issues which may impinge upon or affect favourably or adversely the ongoing Excise regime in Goa.

The Commissioner of Excise furnished his reply as follows- “There are number of loopholes in the Act broadly as under: 1) The offences and the quantum of punishment are not matching. The fines and penalties are not matching. Even when the Department notices any illegality like transportation of excisable articles illegally the fine ranges only upto Rs.10,000/- which is not matching with the quantum of offence committed. In some cases only the competent court has the powers to try the offence and on conviction a fine Rs.10,000/- maximum can be imposed.

2) In case the Department notices any one is manufacturing spurious liquor or adulterated liquor which results in the death of a person the quantum of punishment is not mentioned in the present Act whereas in other states in case of death of a person occurs due to spurious liquor the punishment ranges to death penalty and fine. 3) If a person gets involved repeatedly in the illegal manufacture and sale of the same the Act does not prescribe attachment of the said premise for misusing till the enquiry is over.

4) In case of any disturbance under CRPC only the Police or the Collector has the powers to close down the Bars and Restaurants in the particular vicinity. When the Commissioner of Excise is authorized to issue the licence the Act does not specify these powers to the Commissioner of Excise.

5) For all offences the appeal should only lie with the District Courts and not below whereas in the present Act for any offence they can appeal to JMFC. If the Act is very stringent it will discourage people to commit any offence.

6) In other states the vehicles transporting excisable articles illegally the excise officials are empowered to confiscate the same alongwith the goods even though they are not owned goods. In our present Act many times the vehicle owners who are directly involved in illegal transportation later take the plea that they are not aware of the goods and the vehicles are released.

7) For the services rendered by Excise Inspector who is posted at unit the salary, H.R.A are paid by the unit. This treats as if unit management is doing a favour by giving salary. If in the Act itself it can be amended saying the percentage of salary shall be paid in lieu of services rendered by the staff.”

Based on the replies furnished by the Commissioner of Excise and discussions held with his officers we have drafted the Excise Duty (Amendment) Bill 2012. The Draft Bill, inter alia, provides i) a definition of “adulterated excisable article” ii) powers of Commissioner of Excise to seal and attach premises used in contravention of the Excise Act. iii) imprisonment extending to life imprisonment and a fine of Rs.10 lakhs for offences involving death due to consumption of adulterated excisable article.

We hope the draft Bill will meet the expectation of the Government.

RECOMMENDATIONS

The Draft Bill “Reforms in Excise Laws” may be passed in the Legislative Assembly

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

The Excise Duty (Amendment ) Bill 2012 ( Bill No. ……of 2012).

BILL

Further to amend the Excise Duty Act 1964 ( Act No. 30 of 1964.

Be it enacted by the Legislative Assembly of the State of Goa in the Sixtieth Year of the Republic of India as follows:

1. Short title and commencement: (1) This Act may be called the Goa Excise Duty (Amendment Bll ) 2012. (2) It shall come into force with immediate effect.

Section 1.- In Section 2 incorporate the following :

“adulterated excisable article” means and includes excisable article if it is so processed as to affect injuriously the nature, substance and quality thereof and it becomes injurious to health and does not meet the requirements of the prescribed standards whether under this law or any other law in force

2.- Incorporate the following after the sub-section 2 of section 25

“25(3) . In case any premises is used for manufacture and sale of excisable article in contravention of this law the Commissioner of Excise shall have the powers to seal and attach the said premises for a period of thirty days and in case the Commissioner is of the opinion that the sealing and attachment should continue for further period he shall take appropriate orders from the Court which is empowered to try offences under the Act .

25(4) No order of sealing and attachment shall continue in force beyond a period of seven days under Section 25(3) unless the owner of such premises is given a reasonable opportunity of being heard in the matter

3,- Amendment to Section 29 A of the Act . In section 29A after the words “ Sub-Divisional Magistrate ‘include the words “or The Comissioner of Excise “

4.- Amendment to section 30 of the Excise Duty Act 1964 ( Act No. 30 of 1964). In Section 30 the words “ten thousand rupees “ be substituted by “ten lakh rupees “

5. Amendment to sections 31 and 32 of the Act In Section 31 and 32 the words “ten thousand rupees” be replaced by “one lakh rupees “

6.- Inclusion by Amendment of Section 32 A of the Act Incorporate Section 32 A after Section 32 as under: “32 A.- In case of a death due to consumption of adulterated excisable article the manufacturer and the seller of such adulterated excisable article shall be liable to be punished with a fine of ten lakhs rupees and imprisonment for a term which may extend to life imprisonment .

GOVERNMENT OF GOA

LAW COMMISSION

Protection of Institution of Marriage

Report No. 21

March 2012

LAW COMMISSION, GOA

(REPORT No. 21)

Protection of Institution of Marriage

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 25 th day of March 2012.

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

Protection of Institution of Marriage

The Department of Law has referred to us several letters, beginning with letter dated 11/08/2011 and culminating with the latest letter dated 16/03/2012 all received by several dignitaries and authorities including President of India, The Governor of Goa, Chief Minister of Goa and many others all sent by one Smt. Antonia Michelle Abel resident of Alto, Porvorim, Goa.

Smt. Antonia Michelle Abel has raised several issues in her letters referred to above all pertaining to the law relating to Marriage and Divorce among Catholics, the Concordata between The Holy See and The King of Portugal and its validity vis-à-vis the Constitution of India, the jurisdiction of the Archbishop of Goa over territories of Goa, Daman and Diu and the so called “overseas provinces of Portugal” prior to their liberation from Colonial Rule, properties and funds of the Church in Goa and the authority of the Archbishop in relation to the same, Feasts, novenas and other festivities being held by the Church in Goa and many more issues which we need not enumerate here.

We have culled out two specific issues out of the several raised by Smt. Abel and they are as under: 1. Constitutional validity of the “Concordata” i.e the treaty signed between the Holy See (Pope in the Vatican City) and the King of Portugal dated 7 th May 1940, and 2. The law relating to the right to solemnize marriage among the Catholics in conformity with the canonical laws and its subsequent registration in the books maintained by the Civil Registrar and the right of the authorities of the Church to annul such marriage despite the same being registered in the books of the Civil Registrar.

The first issue of Constitutional validity of the Concordata is a complex issue pertaining to the sovereign States of India, Portugal and Vatican City. We have had no time to study this issue in all its complexity and therefore refrain from expressing any opinion there on.

We however have studied the second issue of law relating to Marriage and Dissolution or annulment of marriages among Catholics in Goa and are of the opinion that the power vested in the Church under canonical law to grant dissolution and annulment of marriage solemnized under canonical law is an anachronism on the principle of uniformity of law relating to Marriage and the Constitution of India in as much it discriminates unfairly between couples getting married under canonical laws and those under the civil law despite the fact that all marriages require registration under law relating to Marriages and Divorce as contained in Decree No.45461 which is otherwise uniformly applicable to all.

The said decree inter alia provides, i) that marriages of Catholics can be solemnized either before the Civil Registrar or before the Ministers of the Catholic Church as per canonical law. ii) That spouses getting married under canonical laws renounce thair civil right of seeking divorce.

As per the prescribed procedure spouses willing to get married complete the civil formalities before the Civil Registrar who issues a certificate that there is no impediment under civil law for the Catholic spouses to get married under canonical laws and thereafter the marriage is solemnized before the Minister of the Church. The said Decree No.45461 further prescribes that a marriage so solemnized can only be annulled by the Ecclesiastical Tribunal and no other authority. The Decree does not prescribe any condition for annulment of marriage by the Ecclesiastical Tribunal.

Thus, the Ecclesiastical Tribunal has arbitrary and unfettered discretion to annul a marriage. The travesty of the whole thing is that the High Court has to enforce the judgement of the Ecclesiastical Tribunal without any enquiry as to its conformity with Public Policy and the Constitution.

In fact, Goa’s tall claim of having a fairly Uniform Civil Law relating to marriages and divorce stands seriously jeopardized by the canonical provisions.

We therefore propose that by The Civil Courts duly constituted under the Civil Courts Act alone should be competent to declare and grant separation, divorce or annulment of a marriage. Report No.21 and the Draft Bill to this effect are appended hereto.

RECOMMENDATIONS

It is therefore recommended that No Marriage whether performed before the Registrar of Marriage or before any religious authority be dissolved only by a Decree of a competent Civil Court. The Bill annexed hereto may be enacted in the Legislative Assembly.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

GOA PROTECTION OF INSTITUTION OF MARRIAGE ACT 2012

ACT NO… of 2012

An Act to provide for the Protection of the Institution of the Marriage registered in the Register of Marriages under the Civil Registration Act.

Be it enacted by the Legislative Assembly of Goa in the year 2012 as follows:

1) Short title, extent and commencement : - This Bill may be called the Goa Protection of the Institution of the Marriage Act 2012

c) It extends to the whole of the State of Goa.

d) It shall come into force at once

2) Definitions : - a) “Civil Court” shall mean and include the Court having jurisdiction to entertain the subject matter and shall include the Civil Courts established under the Goa Civil Courts Act.

b) “Marriage” shall mean and include all marriages found registered in the Office of the Civil Registrar in the Book of Register of Marriages whether the same are celebrated by the Ministers of the Church or the same are transcribed in the Register of marriages maintained by the Civil Registrar within the State of Goa.

Part I

1.- Prohibition of cancellation, annulment and dissolution of marriages by any authority other than the Civil Court. Notwithstanding anything contained in any other law, decree, custom, usage or contract no marriage whether celebrated by the Ecclesiastical Authorities or by the Government Officials under the relevant law and registered in the Register of Marriages maintained by the Civil Registrars within the State of Goa or transcribed in the Books or the Registers maintained by the Civil Registrars within the State of Goa shall be cancelled, annulled or dissolved or held to be without effect without there being a proper adjudication by the Court of the Civil Judge leading to a judgment and decree of a competent civil Court established under the Goa Civil Courts Act .

2. Repeal and savings For the removal of doubts, it is hereby stated that, in case of any inconsistency between the provisions of this Act and any other Act, law, decree, custom or usage the provisions of this Act shall prevail and any law, custom, enactment, usage to the contrary shall stand repealed.

STATEMENT OF OBJECTS AND REASONS

WHEREAS in the State of Goa prior to the Liberation of Goa the laws were enacted by the Portuguese Government and such laws were extended to the Territory of Goa;

AND WHEREAS the Portuguese Government under article 22 of the Treaty with the Holy See bound itself to acknowledge civil effects to the marriages solemnized in conformity with the canonical laws and consequently by the Decree No. 45461 it was decreed that marriage in the Portuguese colonies could be solemnized in the presence of the Government employees responsible for the work of civil registration as per the civil laws or before the ministers of the Catholic Church as per the canonical laws and under the conditions imposed by the civil law for such cases ;

AND WHEREEAS under the said decree it was ordained that by the very fact of solemnization of the canonical marriage the spouses renounced the civil right of seeking divorce and it was further provided that the Civil Courts shall not have the power to decree the same in relation to such marriages;

AND WHEREAS with the Liberation of Goa in the year 1961 Goa ceased to be part of the Portuguese Colonies and became integral part of the Union of India and the Constitution of India came to be extended to the area which was earlier a Portuguese Colony ;

AND WHEREAS the said decree No.45461 continued to be in force in the State of Goa and consequently it is the Civil Registrar who processes the papers filed by the willing spouses and after complying with the formalities issues a certificate that there is no impediment under the civil law for the spouses to be married and thereafter the marriages between the Catholics are celebrated by the Ministers of the Catholic Church and after the solemnization of the marriage by the Church the same is transcribed in the records of the Civil Registrar and produce all the civil effects;

AND WHEREAS under the said Decree 45461 it was further legislated that the marriages celebrated by the Ministers of the Catholic Church could only be annulled by the Ecclesiastical Tribunal and no other authority;

AND WHEREAS it has been observed that the Ecclesiastical Courts do not observe any principles of adjudication such as examination and cross examination of the parties and their witnesses and apart from that they do not have any procedure established by law and are not subject to the scrutiny of the authorities constituted under the Constitution of India ;

AND WHEREAS the said Decree No. 45461 does not contain the grounds on the basis of which such adjudication is to be arrived at permitting arbitrary and unfettered discretion to the Tribunal unknown to any judicial system despite the fact that said judgment of the Ecclesiastical Tribunal is to be enforced by the High Court of the State without any inquiry into the same.

AND WHEREAS under the Code of Civil Procedure as extended to the State of Goa even the execution of foreign judgments is subject to the same being in conformity with the civil laws of the State of Goa and the Union of India ;

AND WHEREAS the said Decree leads to an unreasonable discrimination making the same ultra vires the Constitution of India.

NOW THEREFOR it is imperative that the said system of enforcement of the judgments pronounced by the Ecclesiastical Tribunal should be abolished and the marriages whether celebrated by the Ecclesiastical authorities or transcribed in the Books of the Civil Registrar in the Register of Marriages be held to be valid and subsisting and having civil effects until and unless the Civil Court of competent jurisdiction has adjudicated the same as per the laws of the land which are equal to all its citizens without any distinction of the creed of the persons whose marriages have been registered in the Books of the Civil Registrar hence a new Act as per the proposed draft is enclosed for the consideration of the Government.

GOVERNMENT OF GOA

LAW COMMISSION

Report on Land Titling

Report No. 22

March 2012

LAW COMMISSION, GOA

(REPORT No. 22)

Report on Land Titling

Forwarded to the Chief Minister, Government of Goa by Shri Ramakant D. Khalap, Chairman, Law Commission, Goa on the 25 th day of March 2012.

The Commission consists of the Chairman, and the two Members.

Chairman Shri Ramakant D. Khalap

Members Shri Cleofato Coutinho Shri Mario Pinto Almeida

The Law Commission is located at B S/1, 3 rd Floor, Paraiso de Goa, Porvorim-Goa.

The text of this Report is available on the internet www.goalawcommission.gov.in

Report

Report on Land Titling

The older generations of Goans recall with nostalgia the old Portuguese system of maintaining Land Records- a near perfect system which establishes conclusive title to the land. Under this system no conveyance of immovable property was possible unless the transferor could establish the flow of title through the records maintained under different registers.

The old Portuguese regime had established records ward wise and village wise. These records called the Matriz records provided information about topography, nature and quantum of produce of crops and identification of the property with the names of the owners of the properties forming the boundary of the unit of land.

The said regime had also undertaken Cadastral Survey of several villages and the records are available with the Directorate of Land Survey.

Under the old Registration Act every unit of property was described by its Land Registration number in Book B and the ownership of the said unit of property was inscribed in Book G. Similarly, encumbrances and changes were recorded in Book F and mortgages and other rights in Book C maintained under the Code of Land Registration.

With the liberation of Goa, the transfer of Property Act, The Stamp Duty Act, and Registration Act were extended to Goa. Conveyance of property is now done through Conveyance Deeds which are registered under the Registration Act and Stamp Duty corresponding to the market price of the property conveyed calculated as per the Stamp Duty Act is paid thereon. The Transferee now gets the original Deed of Conveyance which through he hopes to be his ultimate proof of Title does not in effect establish conclusive title.

After the liberation, The Land Revenue Code 1968 was enacted. The Government undertook Survey of lands in all Revenue Villages. Properties are now identified by survey numbers and their sub divisions. Record of Rights were prepared in Form No. I and XIV in the Revenue Villages and in Form B in City Survey Records. While this massive exercise was undertaken by the Government, the records maintained by the old Portuguese regime were totally neglected. The Record of Rights establish only a prima facie title as per the entries in the various columns in Form No. I and XIV or Form B.

Elsewhere in the Country, the issue of establishing conclusive title to the properties has also been plaguing the general public. The Ministry of Urban Development Government of India had circulated a Model Bill called Land Titling Bill to establish a system of conclusive Land Titling throughout the Country.

We decided to amalgamate the records prepared under the old regime. with Survey Records prepared under the Land Revenue Code 1968 and put in place a system through authorities like Land Titling Authority and Land Titling Tribunal contemplated under the Model Bill which would ensure a conclusive title to land. We have adopted the concept of unique property identification number for each unit of property which should correspond to each Survey number and its sub division.

Upon enactment of the Bill proposed herewith and its implementation, the present system of Conveyance Deeds and their registration will no more be in vogue. The Land Records maintained in Book B, C, F, and G coupled with the Unique Identification Number will establish flow of Title to the properties.

Goa can be the first State in the Country to usher in a new regime of land records and conclusive land title by adopting our report.

RECOMMENDATIONS

We therefore recommended that The Land Titling Bill as per the Draft Bill annexed be enacted in the Legislative Assembly of Goa.

We recommend accordingly.

(Ramakant D. Khalap) Chairman

(Cleofato Coutinho) (Mario Pinto Almeida) Member Member

THE GOA LAND TITLING BILL, 2012

[Bill [•] of 2012]

An Act to provide for the establishment, administration and management of a system of conclusive property titles through registration of immovable properties and further to amend the relevant Acts as stated in the Schedule and matters connected therewith or incidental thereto.

Whereas the Goa Cabinet has given its approval for introducing the conclusive property titling system with title guarantee, it is hereby expedient to enact a Law in view of the need for uniformity of the law applicable to conclusive property titling;

And whereas in view of the fact that within the State of Goa the lands originally belonged to the Community and were administered and enjoyed by the Community with each village as a separate unit ; AND WHEREAS such a system came to be recognized and regulated by the Code of Comunidades as amended from time to time

AND WHEREAS during the erstwhile Portuguese regime the then Government established records which were recorded ward wise and village wise and which were known as matriz records from which the topography of the land, the cultivation as existing on the date of compilation of the data and their approximate produce were found recorded along with the identification of the property or unit by means of recording the names of the boundary owners of each matriz record;

AND WHEREAS the then Government also undertook the Cadastral survey of several villages the records of which are found in the Directorate of Land Survey;

AND WHEREAWS the then Government also brought into force The Land Registration Act as a amended or enacted from time to time and established a system whereby properties were described by the respective land Registration numbers and such recording was effected in the Book B maintained under the Land Registration Act, the inscription as to the ownership of the property were recorded in the Book known as Book G, the onus or encumbrances were recorded in the Book F and the mortgages and other rights were recorded in the Book C and other relevant material as set out in the Code of Land Registration as enacted from time to time ;

AND WHERES with the Liberation of Goa the Government of Goa enacted the land Revenue Code and undertook the survey of each revenue village identifying lands as per the survey numbers and sub-division numbers without in any way correlating them to any of the records maintained by the erstwhile Government;

AND WHEREAS after the survey was done the Government also under the Land Revenue Code established a Record of Rights which were kept for objections and the occupant with respect to the said lands is found recorded in the From III of the Record of Rights and after complying with the procedures established under the Land Revenue Code and its rules established Form I & XIV of the Record of Rights and Form B within the villages and established also a City Survey Record within the Cities;

AND WHEREAS it is considered necessary that for the purposes of establishing the title of the landed properties the flow of the title of such lands be determined in order to bring about finality to the title considering each unit whether the same is presently recorded as a survey unit or sub- division unit so as to correlate the same to the matriz records as existing and to the Land Registration or to the Cadastral survey wherever the same exists ;

AND WHEREAS in view of the above it is considered necessary to enact such a law for the State of Goa;

Be it enacted by the Legislative Assembly in the Sixty-first year of the Republic of India as follows:

CHAPTER – I PRELIMINARY

1. Short title, extent and commencement (1) This Act may be called the Goa Land Titling Act, 2012. (2) It shall extend to the State of Goa. (3) It shall come into force on such date as the Government may notify: Provided that the Government may notify different dates for different areas.

2. Definitions In this Act, unless the context otherwise requires: i. “Air rights” means the right to use and develop the empty space above an immovable property.

ii. “Appurtenant rights ” means any right or restriction which goes with an immovable property, such as an easement or a covenant. iii. “Assign ” means the person who receives a piece of property by purchase, gift or by will. iv. “Authority ” means the Land Titling Authority constituted under section 3 of this Act. v. “Biometric authentication ” means a method for uniquely recognizing a human being based on such physical traits as fingerprints, face recognition, iris recognition for the purpose of establishing identity. vi. “Certificate of recording ” means a certificate issued on the basis of entries made in the Land Registers maintained by the Authority. vii. “Citizen facilitation centre ” means a facility created by the Authority for receiving applications and other documents from the citizens residing within the notified jurisdiction of such a centre and forwarding them to the central Title Registry for processing. viii. “Community development scheme” means a form of immovable property ownership in which the titleholders own their individual units, plus a share of the common areas of the site, or “common” property. ix. “Government ” refers to Government of Goa. x. “Land Titling Tribunal ” means and includes the Court of the Principal District Judge and any Additional District Judge of the respective Judicial Division in the District in which the landed property is situated. xi. “Indefeasible title ” means a title to an immovable property or an interest therein entered in the Register of Titles maintained in Books B and Book G and which cannot be altered or voided. xii. “Index of maps ” means a catalogue of cadastral or survey maps of all immovable properties situated within the notified area and maintained under this Act. xiii. “Indicative map ” means a map that shows the relative location of a property with its correct unique property identification number, indicating the size and shape of the property exactly to scale. xiv. “inventario proceedings “ means the proceedings for the partition of the estate and inheritance and which are adjudicated by the competent court of law and which are enforceable with respect to the parties to the said proceedings who are the heirs or legatees of the estate leaver and not binding on third parties xv. “Judicial proceedings” means and include the adjudication of rights by a judgment and decree of a competent Court with respect to the specific property declaring the same to be corresponding to the areas enrolled in the land Revenue Office , the areas identified and determined to be corresponding to the properties registered Land Registration Office and /or declaring the said area to be corresponding to the cadastral survey as maintained by the Portuguese Government xvi. “Letter of administration ” means the permission granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living and willing and able to act, having been validly appointed under the deceased's will . xvii. “Marketable title ” means the title to an immovable property as declared by the Land Titling Tribunal through a competent adjudication and indicating its corresponding matriz number and/or land registration number and/or Cadastral Survey number with reference to the present sub-division or survey number. xviii. “Mortgage ” means and includes a mortgage as defined under the Transfer of Property Act, 1882 and /0r a mortgage entered in the Book C maintained under this Act. xix. “Power-of-attorney ” shall have the meaning as defined under the Powers-of-Attorney Act, 1882 (Act No. VII of 1882 as amended by Act No. 55 of 1982), but shall have to be registered with the Land Titling Authority. xx. “Prescribed ” means prescribed by Rules under this Act. xxi. “Probate ” means the process of proving a will as valid and thereafter administering the estate of a dead person according to the terms of the will. xxii. “Record ” means a record existing in the registers maintained under the Code of Comunidades, the matriz records, the registers maintained under the Code of Land Registration, the cadastral survey conducted by the erstwhile regime, the survey conducted under the Land Revenue Code and the Record of Rights and Cultivators maintained under the Land Revenue Code and its rules and those defined under the Right to Information Act, 2005. xxiii. “Rules ” means the Rules framed and notified under this Act. xxiv. “Strata title ” means a form of ownership of immovable property devised for multi-level apartment blocks and horizontal subdivisions with shared areas. The 'strata' part of the term refers to apartments being on different levels, or "strata". xxv. “Terrace rights ” means the right to use and develop the space on the roof of a building. xxvi. “Title” means ownership of an immovable property as recorded in the Book G maintained under this Act and stands against the right of anyone else to claim the property. xxvii. “ Unique property identification number ” means an exclusive identification number assigned to an immovable property under the Land Revenue Code in the Index of Lands and in the Directorate of Survey by the Government of the State of Goa.

CHAPTER – II THE LAND TITLING AUTHORITY

3. Establishment of the Authority (1) Upon the promulgation of this Act, the Government shall, by notification, constitute the Land Titling Authority for the purposes of this Act. (2) The Land Titling Authority shall exercise such powers as may be conferred on it and discharge such functions as may be prescribed by or under this Act or any other law for the time being in force.

4. The functions of the Authority The Authority shall perform the following functions as per the provisions of this Act and the Rules framed there-under: 1. Frame regulations and detailed guidelines and issue executive instructions for its proper functioning. 2. Prepare, maintain and update the Register of Landed Properties which shall be recorded in the Book B, the Register of Titles which shall be recorded in the Book G , Register of Disputes which shall be recorded in the Book A , Register of Charges, Encumbrances and Liens which shall be recorded in the Book F and mortgages which shall be recorded in Book C and the Index of Maps as maintained by the Authority under this Act . 3. Record, update and maintain the entries with respect to the sub- division or survey numbers in respect of the immovable properties in the notified area. 4. Declare that the sub-division number and the survey number as the unique property identification number with respect to each immovable property in the notified area. 5. Undertake property valuation in respect of the immovable properties in the notified area. 6. Maintain valuation of the properties with respect to each financial year and update the same. 7. Ensure that the facilities of auto-calculation of due stamp duty, registration fees and other applicable levies or fees in respect of each immovable property situated in the notified area are available to the citizen, in the public domain. 8. Publish notifications. 9. Maintain a system of indicative maps in the public domain in respect of immovable properties in the notified areas. 10. Issue copies and provide extracts of its records upon request. 11. Issue of certificates of recording. 12. Prescribe, publish and place in the public domain the schedule of fees, display it prominently in the offices of the Authority and give wide publicity to it. 13. Prescribe and levy reasonable fees and collect the same for the services rendered, documents issued, licenses granted or information provided by it. 14. Conduct inquiries for any purpose under this Act. 15. Take up cases suo moto in respect of irregularities in provisional titles that come to its notice. 16. Establish sub-offices and citizen facilitation centers as considered necessary. 17. Collect the duty, fee, levy or fine on behalf of the Government or a local body. 18. Seek direction from the Government regarding custodianship of any property that comes to vest in the Government. 19. Furnish the required reports. 20. Enforce penalties. 21. Ensure transparency while discharging its functions. 22. Perform any other function as may be assigned to it by the Government from time to time.

5. The powers of the Authority (1) The Authority shall, while discharging its functions under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— i. summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; ii. requiring the discovery and inspection of documents; iii. receiving evidence on affidavit; iv. requisitioning any public record or copies thereof from any court or office; v. issuing summons or commissions for examination of witnesses or documents; and vi. any other matter which may be prescribed. (2) The Authority, may, for the purpose of any inquiry, examine any record to which this Act applies and which is under the control of a public authority or a person, and no such record may be withheld from it on any ground. (3) The Authority may, for the purpose of any inquiry, direct by whom the whole or part of the costs of such inquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908. (4) The Authority may, at its discretion, direct the Director, Title Registry or any other officer of the Authority to accept any document at the private residence or hospital or jail from a person who is unable to attend the office of the Authority in person, after recording the reasons thereof in writing, in the manner as may be prescribed. (5) The Authority shall have the powers to pass such interim order in any proceedings, hearing or matter before it as it may consider appropriate. (6) Subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office or court. (7) All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of section 193 and 228 of the Indian Penal Code and the Authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. (8) The Authority and officers of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (9) No civil court shall have jurisdiction to entertain any dispute relating to an immovable property in respect of which the Authority is empowered by or under this Act, and no injunction shall be granted by any civil court in respect of such matters. (10) For the purposes of this Act, the Authority shall exercise all the powers of the Chief Controlling Revenue Authority under the Indian Stamp Act, 1899. (11) The Authority may, for the purposes of discharging of its functions and exercising powers under the Indian Stamp Act, 1899. (12) For the purposes of this Act, the Authority shall exercise all the powers of the Inspector General under the Registration Act, 1908. (13) The Sub-Registrars appointed under this Act shall be deemed to be officers of the Authority within the notified areas. The Authority may also notify one or more of its officers as Sub-Registrar or District Registrar under the different provisions of the Registration Act, 1908. (14) The provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899 not inconsistent with the provisions of this Act shall apply mutatis mutandis to the relevant matters dealt with under this Act. (15) The Authority shall have the power to make regulations within the framework of this Act and the Rules framed there-under for its proper functioning.

6. Jurisdiction and offices of the Authority (1) The head office of the Authority shall be at such place as the Government may notify. (2) The Authority may, by notification, and with prior approval of the Government, establish sub-offices and citizen facilitation centers at such other places as may be considered necessary. (3) The Authority shall have its sittings at the head office or any other place and at such time as the Chairperson may direct, and shall observe such procedure in regard to the transaction of business in its sittings as it may specify in its Regulations. (4) The Authority shall have a seal and any document purporting to be an authorized document of the Authority must bear signatures of the Chairperson and Members of the Authority and the seal of the Authority.

7. Divisions of the Authority (1) The Authority shall have three Divisions, namely, Title Registry; Survey, Settlement and Land Information System; (2) Each Division shall be headed by an officer appointed by the Government, not below the rank of Director or equivalent rank in the State Government, to be designated as the Director of that Division who will function under the directions and superintendence of the Authority. (3) The Authority may set up administrative divisions required for its proper functioning, such as information technology, administration, finance and any other, in the manner as may be prescribed.

8. Officers and staff of the Authority (1) The Authority shall have a full-time Secretary-cum-Registrar to be appointed by the Government from amongst officers who are or have been a Director to the Government or an equivalent rank in the Central Government and having experience in the spheres of land records, property registration, cadastral survey, property valuation, information technology and/or law. (2) The Secretary-cum-Registrar shall be the Chief Administrative Officer of the Authority and shall supervise and coordinate the work of all the Divisions of the Authority and also its administrative and financial matters under the guidance of the Authority in accordance with the Regulations in this regard. (3) The Government shall specify the numbers, nature and categories of the officers and staff of the Authority required for its proper functioning, in the notification constituting the Authority, and shall provide such officers and staff to the Authority within two months of establishing the Authority: Provided that where the Government is unable to provide the officers and staff to the Authority within this timeframe, the Authority may outsource the numbers, nature and categories of officers and staff notified by the Government, on a contractual basis, till such period as the Government provides the notified officers and staff.

9. Finances of the Authority (1) The expenditure of the Authority may be borne out of the Consolidated Fund of the State or through a grant, or through the revenues generated by the Authority itself in accordance with the terms of the Memorandum of Understanding entered into by the Authority with the Government in this regard: Provided that the Government shall permit the Authority to utilize the interests on its deposits and upto ten per centum of the revenue raised during the financial year by the Authority through titling fees for improving citizen services and for better functioning of the Authority. For this purpose, the Authority shall submit utilization plans to the Government for consideration and the Government shall dispose of the same within three months of their receipt. (2) The Authority shall prescribe and levy reasonable fees and collect the same for the services rendered, documents issued, licenses granted or information provided by it: Provided that the Authority may prescribe ad valorem registration fees. (3) The schedule of fees prescribed from time to time shall be published, placed in the public domain, displayed prominently in the offices of the Authority and given wide publicity. (4) The Government or a local body may authorize the Authority to collect any duty, fee, levy or fine on its behalf and require it to remit the same to such Government or local body after deducting a collection charge for services rendered and expenses incurred. (5) The annual budget of the Authority, for the following financial year, shall be submitted for the approval of the Government in such manner as may be prescribed. All the expenditure incurred by the Authority shall be in accordance with the approved budget. (6) All accounts of receipts and expenditure of the Authority shall be maintained in the manner prescribed and shall be subject to audit by the Comptroller & Auditor-General of India in accordance with the applicable rules. (7) The Authority shall put in place a system of internal auditing.

CHAPTER-III THE TITLE REGISTRY

10. Establishment of the Title Registry (1) The Land Titling Authority shall establish one central Title Registry for the entire State for the purposes of this Act. (2) The Authority may establish sub-offices and citizen facilitation centers as required for processing and forwarding the applications for titling and transfer registration, however, the property titles shall be granted only by the central Title Registry.

11. The documents and registers to be maintained by the Authority (1) Upon notification issued under section 1, sub-section 3, the Authority shall order the Director, Survey & Settlement to prepare an Index of Maps with unique property identification numbers and the Director, Title Registry to prepare a Register of Titles, a Register of Charges and Covenants, and a Register of Disputes regarding the immovable properties located within the notified area, in the manner as may be prescribed. (2) All the Registers shall be maintained in paper as well as in electronic form, in the manner and subject to safeguards as may be prescribed. For both the forms, the Authority shall put in place proper systems for identification of the concerned parties, such as, photographs, biometric authentication or any other method as may be prescribed, for the purposes of any transaction or transfer of any immovable property to be recorded in its Registers. (3) The computer system of the Authority shall be a protected system as per the provisions of the Information Technology Act, 2000 (as amended from time to time) and the security guidelines and Rules framed there-under. (4) Notwithstanding anything contained in any other law for the time being in force, sections 3, 17, 22A, 34, 35, 39, 47A, 59, 65B, 73A, 81A, 85 A, 85B, 85 C, 88A and 90A and other relevant sections of the Indian Evidence Act, 1872 shall be applicable to all electronic records under this Act. (5) The Authority may authorize the Director, Title Registry or any other officer to provide extracts of the Register of Titles, Register of Disputes, and Register of Charges and Covenants, in the paper form and/or in the electronic form, to the persons interested in the transaction in the property. Any other citizen requesting for such extracts may also be given the same provided that the Director, Title Registry or any other officer authorized in this behalf satisfies himself/herself about the bona fide of the persons making such a request: Provided that if the information sought appears to the Authority to have a bearing on national security, it may seek clarification in this regard from the concerned authorities. (6) Detailed guidelines in this regard shall be issued by the Authority. (7) A reasonable fee, as prescribed by the Authority, shall be levied for each type of information disseminated.

12. The Register of Titles (1) The Director, Title Registry, or any other officer authorized by the Authority in this behalf, shall maintain a Register of Titles which shall contain, in respect of the immovable properties located within the notified area for which an application for title has been made, the following particulars: i. unique property identification number assigned by the Authority; ii. area or extent of the property with particulars of the built-up area thereon, if any; iii. names of all the persons who are titleholders with their respective extent of holding; iv. details of transfers of property including transfers due to succession; v. details of strata titles and community development scheme titles; vi. information on covenants or charges, if any, standing against the property; vii. information on pending disputes, if any, about the property; and viii. such other particulars as may be prescribed.

(2) Notwithstanding anything contained in the Registration Act, 1908, the Register of Titles shall contain the records of the immovable properties in notified areas including: i. Existing titles of the Government over immovable property; ii. Titles of any immovable property acquired by the Union territory Administration, the State or Central Government after the commencement of this Act; and iii. Titles of immovable properties vested in local bodies and development authorities.

13. The Register of Disputes (1) The Director, Title Registry, or any other officer authorized by the Authority in this behalf, shall maintain a Register of Disputes which shall contain, for the immovable properties for which an entry has been made in the Register of Titles and in respect of which any dispute is pending, the following particulars: i. Details of the nature of the dispute and the parties involved; ii. Details of the court or tribunal or competent legal or statutory authority where such dispute is pending; iii. Details of attachments of property under court decrees, injunctions or orders of any court or tribunal or competent legal or statutory authority, if any; iv. Details of objections, appeals or revisions filed under sections 22, 28, 42 and 50; v. Details of all the suits and appeals intimated under Chapter VIII; vi. Final order, decree or judgment with regard to the dispute; and vii. Such other particulars prescribed.

(2) The Director, Title Registry shall ensure that entries are recorded in both, the Register of Disputes and the Register of Titles, of the fact that a dispute is pending against a property in the notified area. The details regarding the dispute shall be indicated in the Register of Disputes, in the manner as may be prescribed.

14. The Register of Charges and Covenants The Director, Title Registry, or any other officer authorized by the Authority in this behalf, shall maintain a Register of Charges and Covenants which shall contain, in respect of the immovable properties for which an entry has been made in the Register of Titles, the following particulars: i. The nature of the charge and the date of its creation; ii. The immovable property to which the charge pertains; iii. The amount secured by the charge; iv. Short particulars of the charge; v. The person or persons in whose favour the charge has been created; vi. Details of release of mortgage rights or charge; vii. Covenants and charges against any immovable property, ordered under section 17 of this Act; viii. Intimation given to the Authority under sections 52, 53 or 54; ix. Particulars of all statutory charges including charges under the Companies Act, 1956 as intimated to the Authority under section 55; x. Special rights, covenants, or easements created by any party at the time of transfer, succession, partition or lease; and xi. Such other particulars as may be prescribed.

15. Entries in Register of Charges & Covenants During the process of the preparation of the Register of Titles, if the Director, Title Registry comes across a charge and, or a covenant in the nature of easement right, or a condition which will have a bearing on the absoluteness of the title, he shall seek orders of the Authority for recording and making an entry of the details of such covenant and, or a charge, or such a condition, in the Register of Charges and Covenants and also in the Register of Titles in addition to making an order under section 26 or 27 as the case may be, in the manner as may be prescribed.

16. Issue of Certificate of Recording Upon receipt of intimation under the Chapter pertaining to compulsory intimation to the land titling authority, the Director, Title Registry shall enter the details, in the manner as may be prescribed, in the Register of Charges and Covenants or in the Register of Disputes as the case may be, and also make a mention of it in the Register of Titles, and issue a certificate of recording.

17. Notification by the Director, Title Registry (1) When the preparation of the Register of Titles is taken up, the Authority shall order the Director, Titling Registry to publish a notification inviting all persons interested in obtaining indefeasible titles in their immovable properties, to file claims. (2) An interested person, or an assign duly authorized by a power-of- attorney registered with the Authority, shall be required to present himself or herself at a place and time specified by the Director, Title Registry for the purpose of registration of their claims. (3) Each notification made under sub-section 1 shall be: i. published in at least three daily newspapers, two of which shall be in the local vernacular having circulation in the notified area; ii. placed on the official website of the Authority; iii. affixed on the notice board of the concerned gram panchayats or municipalities and other prominent place or places in the notified area; and iv. given wide publicity by any other method as may be prescribed in this regard. (4) A notification published under sub-section 1 shall be held to be a valid notice to each person having an interest in the title of the property proposed to be included in the Register of Titles. (5) Upon issue of the notification under sub-section 1, all persons claiming any title, right or interest in, or any charge on an immovable property, shall in the manner and time prescribed, furnish the following details for making an entry to that effect in the register which will include any: i. deed, ii. will confirmed by the competent legal entity, iii. leasehold title, iv. easements, v. customary rights, vi. public rights, vii. mines and minerals, viii. franchise, ix. a non-statutory right in respect of an embankment of sea or river wall, x. subsisting power of attorney authorizing the agent to sell or develop or construct the property, xi. subsisting sale agreement with or without possession of the property, xii. subsisting agreement-cum-general power of attorney, xiii. pending suit or appeal under Specific Performance Act, xiv. pending proceedings regarding dissolution or winding up or bankruptcy before any authority; xv. pending proceedings for recovery of statutory duties, levies, taxes or any other claim, charge or encumbrance on the property; xvi. pending actions relating to insolvency petition, appointing a receiver, or Writ or an order affecting immovable properties made by any court for the purposes of enforcing a judgment or recognizance of any deed of arrangement or arbitration or settlement, if any; and xvii. any other matter as may be prescribed.

18. Maintenance of the Registers The Register of Titles, Register of Charges & Covenants, and Register of Disputes shall be maintained by the Director, Title Registry, in such manner and in such format as may be prescribed.

19. Updation of entries in the Registers With prior approval of the Authority, the Director, Title Registry or any other officer authorized in this behalf by a resolution of the Authority, may add, delete or modify and update any entry in respect of any immovable property in the Register of Titles, Register of Disputes, Register of Covenants and Charges, in such manner as may be prescribed.

20. Rectification of entries in the Registers (1) A person aggrieved by any clerical error, such as spelling mistakes, errors in recording the addresses or any typographical mistake in the Register of Titles, Register of Disputes or Register of Charges and Covenants may file an application for its correction with the Director, Title Registry, within three years from the date of notification of such entry. (2) The Director, Title Registry, after making an enquiry and satisfying himself as to the genuineness of the error, shall rectify the error with the prior approval of the Authority, in such manner as may be prescribed.

21. Evidence of title Any title recorded in the Register of Titles in accordance with the provisions of this Act, shall be considered as evidence of the marketable title of the titleholder subject to the entries pertaining to the same property in the Register of Charges and Covenants and in the Register of Disputes.

22. Procedure to be followed by the Director, Title Registry (1) Documents may be presented to the Director, Title Registry by the person or persons having interest in obtaining property title, or persons executing a transaction in the property, or claiming such transaction pursuant to a decree or order issued by a competent court, tribunal or competent legal authority: Provided that an assign duly authorized by a power-of-attorney registered with the Authority, may appear on behalf of the interested person or persons.

(2) When a person or persons apply for grant of title, the Director, Title Registry shall follow the following procedure: He/she shall i. enquire and satisfy himself/herself regarding the true identity of the person or persons requesting for the title; ii. check whether the documents are updated and complete in all respects; iii. check that the application is in the prescribed format and that the subject property is duly described in its entirety by the unique property identification number assigned by the Authority; iv. enquire and satisfy himself/herself about the authenticity and validity of the documents presented before him/her; v. verify that all requisite duties and levies, including the fees due to the Authority, have been paid, as required by law; vi. conduct site verification wherever required; vii. make inquiries whether or not the property is disputed in any way; and viii. check any other matter likely to affect grant of title to the property.

(3) Upon receipt of a transfer application or report on transaction presented, along with all prescribed forms and documents relating to the act or transaction on the immovable property, the Director, Title Registry shall follow the following procedure: He/she shall i. satisfy himself/herself as regards the identity of the presenters through personal identification documents or in any other manner as may be prescribed by the Authority; ii. satisfy himself/herself that the seller(s) has or have obtained a valid title to the subject property from the Titling Authority; Explanation: After a notification has been issued under section 1, sub-section 3, transactions in the notified area shall be recorded only after the property holder has obtained a title in respect of the subject property from the Title Registry. iii. satisfy himself/herself that the valuation is correct as per the records of the Authority; iv. verify and satisfy himself/herself whether any stamp duty, transfer duty and any other applicable duty or fee has been paid in respect of the transaction; v. enquire and satisfy himself whether or not such transaction is executed by the persons by whom it purports to have been executed; vi. satisfy himself that the transaction is not in violation of any law for the time being in force; vii. check whether the documents are updated and complete in all respects; viii. check that the application is in the prescribed format and that the subject property is duly described in its entirety by the unique property identification number assigned by the Authority; ix. conduct site verification wherever required; x. make inquiries whether or not the property is disputed in any way; and xi. check any other matter likely to affect grant of title to the property. (4) To ensure transparency, the Director, Title Registry shall process applications within thirty working days of their receipt, in the order in which they are received in the Authority and shall ensure that they are diarized sequentially. (5) Where the Director, Title Registry comes to a conclusion that the application is inadequate in some manner for presenting to the Authority for orders, he/she shall record his/her reasons in writing for so concluding, and place them before the Secretary-cum-Registrar for orders. The Secretary- cum-Registrar shall pass the requisite orders within seven working days of receipt of the information from the Director, Title Registry. The Director, Title Registry shall inform the applicants within three working days regarding the decision of the Secretary-cum-Registrar. The Director, Title Registry shall examine the applications in such a way that all inadequacies in the application are recorded at the time of first examination. The Authority shall be kept periodically informed by the Director, Title Registry regarding the applications which have been found to be inadequate in the manner prescribed by the Authority. Where the Authority is of the opinion that an application has been incorrectly concluded to be inadequate, it may call for the records from the Director, Title Registry and the Secretary-cum- Registrar and pass necessary orders in the matter. (6) To allow for computerized tracking of the status of the applications received, the information regarding applications received shall be placed through information technology in the public domain on the official website of the Authority. Such information would include the name or names of the applicants, their address, e-mail address and phone numbers, the date of receipt of the application, the subject-matter, the unique property identification number, the day-to-day status of the action taken including the name and designation of the official handling the application, the inadequacies found in the application, if any, the date fixed for presentation before the Authority and any other information that the Authority may prescribe.

23. Barring reverting to the deeds system (1) No immovable property in respect of which an application for titling has been filed with the Title Registry shall be registered under the Registration Act, 1908, and, notwithstanding anything contained in any law for the time being in force, any such registration shall be deemed to be void ab initio . (2) Once an immovable property has been registered under this Act, it shall be registered only under this Act thereafter, and any registration under any other Act shall be deemed to be void ab initio.

24. Procedure to be followed by the Authority in undisputed cases (1) Where the Director, Title Registry comes to the conclusion that an application is complete in all respects, he/she shall put up all the relevant documents, within thirty working days from the date of receipt of the application, to the Authority for a decision regarding titling. (2) Where the Authority comes to a conclusion that there is no dispute with regard to the title of the property, it shall give a clear direction to the Director, Title Registry as to whose name or names shall be provisionally entered against the property in the Register of Titles, and the Director, Title Registry shall make the entry within seven working days and simultaneously issue a notification accordingly. He shall also submit the compliance report to the Authority, in respect of each order, in the manner as may be prescribed by the Authority. (3) The Authority shall ensure that undisputed cases shall be disposed of within a period of thirty working days from the date of submission of the application by the Director, Title Registry to the Authority. (4) An appeal against the decision of the Authority shall lie with the Land Titling Tribunal within three months of the date of notification of the decision of the Authority.

25. Procedure to be followed by the Authority in disputed cases (1) Where the Authority comes to a conclusion that there is a dispute with regard to the title of the property, it shall give a clear decision to this effect and order the Director, Title Registry to make an entry to that effect in the Register of Disputes and in the Register of Titles and refer the dispute to the Civil Judge Senior Division appointed under the Goa Civil Courts Act.

26. Adjudication by the Civil Court (1) The Civil Judge shall, thereafter, proceed to hold hearings in the case to resolve the contentious issues and give its final decision within six months as to whether or not the name or names shall be provisionally entered against the property in the Register of Titles and the corresponding endorsements made in the Register of Disputes, and give orders to the Director, Title Registry to that effect. (2) Where the Civil Judge Senior Division gives direction to enter a name or names provisionally in the Register of Titles, the Director, Title Registry shall make the entry within seven working days and issue a notification accordingly. He shall also submit the compliance report to the Authority, in respect of each order, in the manner as may be prescribed by the Authority. (3) An appeal against the decision of the Authority shall lie with the Land Titling Tribunal within three months of the date of notification of the decision of the Authority.

27. Power of the Tribunal to give directions to the Authority If the Authority fails to give its final decision within the timeframe specified in section 24 or 25 as the case may be, any of the parties concerned shall be free to file an application before the Land Titling Tribunal to give directions to the Authority to dispose of the matter within a timeframe to be specified in the order of the Tribunal.

28. Provisional entries to attain conclusiveness (1) A provisional entry made in the Register of Titles by the order of the Authority shall be conclusive after the expiry of a period of three years from the date of notification of the grant of the provisional title, and such an entry shall be indefeasible and conclusive evidence of title in the concerned property: Provided that if an appeal is filed against the order of the Authority before the Land Titling Tribunal or a High Court or the Supreme Court, the provisional title shall be deemed to be conclusive and indefeasible only after the final disposal of such an appeal. (2) For the purpose of making a provisional title conclusive and indefeasible, the Authority shall make the necessary endorsement in the Register of Titles, affix the seal of the Authority on the due date on which the provisional title shall be deemed to be conclusive and indefeasible and the Director, Title Registry shall issue a title certificate to that effect, in the manner as may be prescribed.

CHAPTER – IV SURVEY, SETTLEMENT AND LAND INFORMATION SYSTEM

29. Establishment of the Survey, Settlement & Land Information System Division (1) The Land Titling Authority shall establish a Survey, Settlement & Land Information System Division for the Union territory (or the State) for the purposes of this Act. (2) The Authority may establish sub-offices of this Division at several locations as required. Explanation : For the purposes of this section, the Government may require its existing Survey & Settlement Department to be incorporated within the Authority as the Survey, Settlement & Land Information System Division. Where this is not feasible, a separate Survey, Settlement & Land Information System Division may be created under the Authority.

30. Unique property identification number for each immovable property situated within the notified area (1) Upon notification issued under section 1, sub-section 3, the Authority shall order the Director, Survey, Settlement and Land Information System to prepare a record of boundaries, or any part of a boundary, of each immovable property within the notified area and give it a unique identification number, in the manner as may be prescribed. (2) The Director, Survey, Settlement and Land Information System shall maintain an Index of Maps in which the unique property identification number for each immovable property in the notified area shall be recorded and the information shall be placed in the public domain, in the manner as may be prescribed. (3) The Director, Survey, Settlement and Land Information System shall develop and maintain in the public domain, in the manner as may be prescribed, a system of indicative maps with the corresponding unique property identification numbers in respect of the immovable properties situated in the notified area. (4) As and when an application is received for title or transfer, the unique property identification number shall be entered in the Register of Titles in the manner as may be prescribed: Provided that where an entry is made in the Register of Titles as per section 62, sub-section 4, the Authority shall direct the Director, Survey, Settlement and Land Information System to carry out the survey and mapping in respect of such property and to grant a unique property identification number to it. The Authority shall, thereafter, seek direction from the Government regarding custodianship of such property.

31. Functions and powers under the extant survey & settlement laws The Director, Survey, Settlement and Land Information System in the Authority shall, for the purposes of this Act, discharge all the functions and exercise all the powers of the Head of the Department in the Union territory (or the State), in-charge of survey and settlement: Provided that if an updated record for the notified area has already been created by an officer of the Government duly authorized in this regard under the applicable survey and settlement law of the Union territory (or the State), it shall be provided to the Authority by such officer, and the same may be adopted by the Authority as its own record.

32. Standards of surveying and mapping to be maintained (1) The Government shall lay down and place in the public domain, in the manner as may be prescribed, the norms and standards that the Authority shall adopt for cadastral surveying and mapping in respect of the immovable properties situated in the notified area. (2) The Authority may, with the prior approval of the Government, put in place a system of survey through private licensed surveyors, in the manner as may be prescribed. (3) Based upon the accurate cadastral survey maps, the Director, Survey, Settlement and Land Information System shall create, maintain and continuously update a Land Information System for the entire notified area, in the manner as may be prescribed.

33. Surveying upon request (1) As and when an application is received from a titleholder for surveying of the area and boundaries of his/her immovable property situated in the notified area, the Director, Survey, Settlement and Land Information System shall arrange for the same upon payment of fees by the applicant. (2) The Authority shall prescribe a schedule of reasonable fees for the purpose and place the same in the public domain, in the manner as may be prescribed.

CHAPTER–VI THE LAND TITLING TRIBUNAL

34. Establishment of the Tribunal (1) Upon the promulgation of this Act, the Government shall, by notification, constitute the Land Titling Tribunal for the purposes of this Act. The District Court shall be the Land Titling Tribunal for the property located in the District. (2) The Land Titling Tribunal shall exercise such powers as may be conferred on it and discharge such functions as may be prescribed by or under this Act or any other law for the time being in force.

35. The functions of the Tribunal (1) Upon receipt of an application under section 27 the Tribunal shall give necessary directions to the Authority. (2) The Tribunal shall hear appeals against the orders of the Authority. A party aggrieved with an order of the Authority may file such an appeal within three months of the date of notification of such an order. (3) The Tribunal shall ensure transparency while discharging its functions.

36. The powers of the Tribunal (1) The Tribunal shall be bound by the procedure laid down by the Code of Civil Procedure, 1908. (2) Subject to the provisions of this Act and the Rules framed there-under, the Tribunal shall regulate its procedure, including duration of oral hearings, when granted, and times of its inquiry, as may be prescribed, so as to dispose of appeals within a period of six months from the date of filing of the appeal. (3) All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 196 and 228 of the Indian Penal Code, and the Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (4) Subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, the Tribunal shall have the power of requisitioning any public record or document or copy of such record or document from any office or court.

37. Bar of jurisdiction of civil courts No civil court shall have jurisdiction to entertain any dispute relating to an immovable property in respect of which the Tribunal is empowered by or under this Act, and no injunction shall be granted by any curt in respect of such matter.

38. Jurisdiction and benches of the Tribunal (1) The principal seat of the Tribunal shall be in each District or at such place as the Government may notify.

CHAPTER – VII COMPULSORY INTIMATION TO THE LAND TITLING AUTHORITY

It shall be compulsory for the parties applying for title or transfer under provisions of this Act or who have been granted provisional or conclusive title under this Act, to intimate to the Land Titling Authority the following information:

39. Compulsory intimation of civil suits or appeals or revisions (1) Notwithstanding anything contained in any other law for the time being in force, it will be incumbent upon the disputing party relating to any suit or appeal or revision in relation to any rights or interest in an immovable property recorded in the Register of Titles, pending on the date of such notification in any civil court, High Court, the Supreme Court, or in any quasi-judicial authority established under any law, to intimate, in the manner as may be prescribed, about such pendency to the Authority, get it recorded, obtain a certificate of recording and file such certificate before the court or tribunal. (2) If any suit or appeal or revision is filed in any civil court, High Court or in the Supreme Court, or any quasijudicial authority established under any other law in respect of an immovable property recorded in the Register of Titles, it shall be incumbent upon the disputing party to intimate, in the manner as may be prescribed, about filing of such suit or appeal or revision to the Authority, get it recorded, obtain a certificate of recording and file such certificate before the court or tribunal. (3) It shall be incumbent upon the decree holder or plaintiff or appellant or any other interested person to intimate to the Authority, in the manner as may be prescribed, the resolution of a dispute recorded in the Register of Disputes, within seven days of receipt of the decree or intimation of resolution of dispute. The Authority shall record such resolution and issue a certificate of recording.

40. Compulsory intimation of land acquisition proceedings It will be incumbent upon the Collector under the Land Acquisition Act, 1894 to intimate to the Authority, in the manner as may be prescribed, the fact of issue of a notification under section 4, sub-section 1 or a declaration under section 6, or passing of an award under section 15 of that Act in respect of any immovable property situated within the notified area and to obtain a certificate of its recording.

41. Compulsory intimation of Government transactions All the transactions by the Government in respect of immovable properties within the notified area, including alienation, assignment, regularization of occupation, sale, grant or lease, shall be intimated to the Authority by the authorized official carrying out such transaction, in the manner as may be prescribed, and it shall be incumbent upon such official to obtain the certificate of recording.

42. Compulsory intimation of equitable mortgages (1) All the financial institutions or other bodies or individuals holding equitable mortgage in respect of any immovable property situated within the notified area shall intimate that fact to the Authority, in the manner as may be prescribed, and obtain a certificate of recording. (2) If any equitable mortgage is created in favour of a financial institution or any other body or individual, in respect of a property situated within the notified area, it shall be incumbent upon such financial institution, body or individual to intimate the fact of creation of such equitable mortgage to the Authority, in the manner as may be prescribed, and to obtain a certificate of its recording.

43. Compulsory intimation of statutory charges It will be incumbent upon the party in whose favour a statutory charge or lien, including the charges registered under the Companies Act, 1956, is created in respect of an immovable property situated within the notified area, to intimate this fact to the Authority, in the manner as may be prescribed, and to obtain a certificate of its recording.

44. Compulsory intimation of pending actions It will be incumbent upon the parties concerned to intimate the Authority, in the manner as may be prescribed, all the pending actions such as appointment of a receiver in an insolvency petition, or making of a writ or an order affecting an immovable property situated within the notified area, issued by any court or a competent legal authority for the purpose of enforcing a judgment or recognizance of any deed of arrangement or arbitration or settlement, and to obtain a certificate of its recording.

45. Powers-of-Attorney to be compulsorily notified It will be incumbent upon the parties concerned to intimate the Authority, in the manner as may be prescribed, all the powers-of-attorney authorizing the agent to sell or develop or construct the immovable property situated within the notified area or to deal with it in any manner having an impact over its title and all the agreements-cum-general-powers-of-attorney, and to obtain a certificate of its recording.

46. Compulsory intimation of grant of succession (1) It shall be obligatory for the Registrar, Births & Deaths or any other competent authority to intimate to the Authority the death of: i. a titleholder, which shall be entered into the Register of Titles; ii. a charge holder, which shall be entered into the Register of Charges and Covenants; iii. a disputing party, which shall be entered into the Register of Disputes; in the manner as may be prescribed. (2) Where the deceased titleholder, charge holder or a disputing party has legal heirs, it shall be obligatory for such legal heirs to inform the Authority, in the manner as may be prescribed, about the death of such person and the fact of the death shall be recorded by the Authority in its Registers. (3) In case of the death of a person whose name is entered as a titleholder in the Register of Titles, a charge holder in the Register of Charges and Covenants and/or a disputing party in Register of Disputes, the legal heirs of such deceased shall obtain a decree of succession from the competent court and produce the same before the Authority for replacing the name of the deceased with their names in the aforesaid Registers.

47. Compulsory reporting or filing of information (1) Notwithstanding anything contained in the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force, all titleholders of immovable properties situated within the notified area shall file the transfer applications or report on transactions to the Authority, in such manner as may be prescribed, in respect of all acts or transactions relating to such immovable property, including the transactions detailed hereunder: a) Any act which purports or operates to create, declare, assign, limit or extinguish, whether at present or in the future, any right, title or interest, whether vested or contingent; b) Any creation, declaration, assignment, limitation or extinction of any right, title or interest effected through the receipt or payment of any consideration; c) Sale; d) Gift; e) Creation of a charge by way of any kind of mortgage including an equitable mortgage, and release of such charge; f) Lease, or reserving a yearly rent, or periodic premiums; g) Transfer or assignment of any decree or order of a court or any award when such decree, order or award purports or operates to create, declare, assign, limit or extinguish, whether at present or in the future, any right, title or interest, whether vested or contingent; h) Any decree, order or award passed by a civil court, including any decree, order or award passed, on consent of the defendants or on circumstantial evidence; i) Any rectification of title done by the Director, Title Registry or the Land Titling Tribunal; j) Any easementary rights, appurtenant rights, terrace rights or air rights; k) Sale or construction or development agreements; l) Powers-of-attorney authorizing the agent to sell, construct or develop such property; m) Agreement-cum-general-powers-of-attorney relating to the property; n) Mergers, amalgamations or demergers of companies involving immovable property; o) Transfers of immovable property after dissolution of partnership firms; and p) Any other transaction with regard to the immovable property. (2) Notwithstanding anything contained in the Indian Stamp Act, 1899 or any other law for the time being in force, an application for title, transfer or a report on the transaction made in accordance with Chapter-VIII of this Act shall be considered to be an instrument for the purposes of levy of stamp duty under that Act.

48. Compulsory reporting of transactions Without prejudice to anything said herein before, all the information regarding all the acts and transactions in relation to an immovable property situated within the notified area shall be reported to the Authority for recording in the manner as may be prescribed. Among other acts and transactions pertaining to an immovable property, the following acts shall be included: a) Charges created by unregistered transactions; b) Probates and letters of administration; c) Attachments of property made through court decrees, injunctions or orders of any court or tribunal or statutory authority; and d) Any other matter as may be prescribed.

49. Presentation of transfer application or report on transaction The transfer application or report on transaction along with the prescribed forms and documents relating to the act or transaction in respect of the immovable property shall be presented to the Authority: a) by a person executing such transaction or claiming such transaction pursuant to a decree or order issued by a competent court or tribunal or a competent legal authority; or b) by the agent of such person duly authorized by a power-of-attorney which has already been registered with the Authority in the Register of Charges and Covenants: Provided that no transaction in respect of a property shall take place between such agents, and the name of the person or persons on whose behalf the transaction has taken place shall be entered as the new titleholder in the Registers of the Authority.

CHAPTER-VIII MISCELLANEOUS

50. Titling to be made compulsory after five years of promulgation of this Act (1) After the expiry of a period of five years from the date of promulgation of this Act, it shall be incumbent upon the property owners to obtain a title from the Authority for each property owned, in the manner as may be prescribed. (2) The title shall be obtained for the land on which the property is situate, irrespective of the fact whether or not the construction of the property has been completed or not. (3) After the coming into force of this section, the Authority shall grade all properties within the notified area according to their size and value into three categories, namely, small, medium and large, in the manner as may be prescribed. Other than the properties being transacted, the Authority shall proceed to give titles to the “small” property-holders first and only thereafter to the holders of “medium” and “large” properties. (4) After the coming into force of this section, any immovable property for which there is no rightful titleholder, to be determined in the manner as may be prescribed, shall vest in the Government without any recompense, and an entry shall be made to that effect in the Register of Titles.

51. Effect of non-compliance of requirement (1) Notwithstanding anything contained in any other law or enactment in force, if the requirement of registration under this Act is not complied with, the transfer, grant or creation of title or right or interest shall become void ab initio . (2) No transaction or act relating to immovable property required to be registered or recorded under this Act or reported to the Authority under this Act shall be effective and received as evidence of a transaction relating to such property, unless it has been registered or recorded upon receipt of information, as the case may be, by the Authority under the provisions of this Act: Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument. (3) On the application of sub–section 1, in case of transfers for valuable or other consideration, by the way of gift or in pursuance of an order of any court, the title to the immovable property reverts to the transferor who holds it on a bare trust for the transferee. (4) On the application of sub–section 1, in cases of leases or grants, charges or mortgages, the lease or grant or creation of charge or mortgage shall have effect as a contract made for valuable consideration to lease or grant or create such legal interest.

52. Completion of recording of titles to be notified (1) Once the recording of titles is completed in the notified area, the Authority shall notify the fact. Thereafter, only the titling system shall prevail in the notified area. (2) Every notification made under this section shall be published in the Official Gazette, and in at least three daily newspapers, two of which shall be in the local vernacular, having circulation in the notified area, and also by affixing a copy of notification on the notice board of the concerned gram panchayats or municipalities and other prominent place or places in the notified area, or by any other method, as may be prescribed in this regard.

53. Liability for void transfers If any title or right or interest in immovable property is retransferred, re-granted or recreated because of a failure to comply with the requirements of registration, the transferee or grantee or, as the case may be, the mortgagor will be liable to: (a) the other party for all the proper costs of, and incidental to, the retransfer, re-grant or recreation of the title or right or interest in the immovable property, (b) indemnify the other party in respect of any other liability reasonably incurred by it because of the failure to comply with the requirement of registration.

54. Furnishing of reports (1) The Authority shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies of the report shall be forwarded to the Government. (2) A copy of the report received under sub-section 1 shall be laid, as soon as may be after it is received by the Government, before the Parliament (or the State or Union territory legislature).

55. Acts of Authority not to be called in question No act done by the Authority shall be called into question on the ground only of any defect in the constitution of, or the existence of any vacancy in the Authority.

56. Penalties (1) Any person responsible for providing any information under this Act shall be personally liable for failure to furnish the information within the period specified therein, and the penalty thereof shall be as may be prescribed. (2) In case of willful concealment of information or deliberate furnishing of false information to the Authority, the person or persons responsible shall be punished with fine as may be prescribed. (3) The Authority shall impose penalties, as may be prescribed, for any willful violation of this Act, including penalties on its own officers and staff. (4) The Authority may recover from its own officers and the staff sums paid out of the title guarantee fund if, after due inquiry, it comes to the conclusion that such sums had to be paid due to their willful negligence or mala fide actions.

57. Removal of difficulties (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification, make such provisions not inconsistent with the provisions of this Act as appear to it, to be necessary or expedient for removal of difficulties. (2) Every notification issued under this section shall be laid, as soon as may be after it is made, before the Parliament or the State or Union territory Legislature, as the case may be.

58. Access to Registers (1) All records and the Registers of the Authority shall be a matter of public record. (2) Any interested person may approach the Authority for an extract of any information contained in the Registers maintained under this Act. All such extracts and copies issued shall bear the seal of the Authority and the signature of an officer authorized in this behalf, and will be issued on payment of such fees as may be prescribed by the Authority: Provided that the Authority may withhold information if, in its opinion, the information sought may endanger national security. The reasons for withholding information must be recorded in writing and the person requesting for the information shall be duly informed. (3) A copy or extract from the Registers given by the Authority or an officer authorized in this behalf, under its seal, shall be admissible as evidence for the purpose of proving the title to an immovable property or contents of a transaction relating to the immovable property comprised in the extract.

59. Immunity for acts done in good faith No legal proceedings or any other claim or action shall lie against an employee of the Authority for anything done in good faith under this Act or the Rules and regulations made there-under.

60. Power of Government to make Rules (1) The Government may, by notification, make Rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such Rules may provide for the: i. The organizational set-up of the Authority; ii. The manner of appointment of the Chairperson, Members and officers and staff of the Land Titling Authority and the Land Titling Tribunal; iii. The fixation of salary, allowances and other terms and conditions of service of the Chairperson, Members, and various officers of the Authority and the Tribunal; iv. The manner in which the Chairperson or a Member of the Authority or the Tribunal may resign his/her office; v. The powers and functions of the Land Titling Authority and the Land Titling Tribunal and their officers; vi. The manner of submission of the annual budgets of the Authority for the approval of the Government; vii. The manner in which the accounts of receipts and expenditure of the Authority shall be maintained and audited; viii. The periodicity of reporting to the Authority by the Director, Title Registry regarding the applications which have been found to be inadequate; ix. The manner of preparation, compilation, maintenance, rectification of errors, updation, safeguards and amendment of the Registers in both paper and electronic forms, and prescribing the forms in which they are to be compiled or maintained, the places at which, and the officer by whom Registers have to be maintained, and the officer by whom the said entries are to be verified and amended; x. Maintenance of other records, registers, accounts, maps and plans for the purpose of this Act and the manner and forms in which they shall be prepared and maintained; xi. The manner in which the unique identification number shall be given to each immovable property within the notified area; xii. The manner in which the system of indicative maps shall be developed and maintained in the public domain; xiii. Putting in place proper systems for identification of the concerned parties, such as, photographs, biometric authentication or any other method, and issuing guidelines in this regard; xiv. The manner of submission of compliance report to the Authority by its Directors and other officers; xv. The norms and standards that the Authority shall adopt for cadastral surveying and mapping in respect of the immovable properties situated in the notified area; xvi. The manner of creating, maintaining and continuously updating the Land Information System; xvii. The manner of putting in place a system of survey through private licensed surveyors; xviii. The manner in which the Authority shall undertake property valuation and the manner in which the valuation details shall be provided upon request. xix. Inspection of the records, registers and documents to be maintained; xx. Publication of notices and notifications; xxi. The manner in which all the required information, including the indicative maps, shall be maintained in the public domain; xxii. The matter to be presented by persons claiming title, right or interest in or charge on an immovable property and the manner and time in which it is to be presented; xxiii. The manner in which the Authority shall prescribe, levy and collect fees for the services rendered, documents or extracts there- from issued, licenses granted, or information provided; xxiv. The manner in which the schedule of fees prescribed from time to time shall be published and given wide publicity; xxv. The manner of transferring immovable property and any rights contained therein; xxvi. The procedure to be followed in making enquiries and hearing claims, objections and appeals under this Act; xxvii. The manner in which the certificates of recording shall be issued; xxviii. The manner in which the Authority shall guarantee and indemnify the correctness of title of ownership for each property number entered in the Register of Titles in the notified area, including the title guarantee and indemnification through the private parties; xxix. The manner in which the account of the title guarantee fund of the Authority shall be maintained and furnished to the Authority; xxx. The manner in which payment shall be made from the title guarantee fund; xxxi. The manner in which the matters which are to be compulsorily intimated to the Authority shall be reported; xxxii. The manner in which the Annual Report shall be prepared and submitted by the Authority to the Government; xxxiii. The manner in which penalties shall be enforced by the Authority; and xxxiv. The manner in which property owners shall obtain titles from the Authority upon titling being made compulsory after the expiry of a period of five years from the date of promulgation of the Act. (3) All Rules made by the Government under this section and any orders relating to the delegation of powers to the Authority shall be laid, as soon as may be after they are made, before the Parliament (or the State or Union territory legislature).

61. Powers of Authority to delegate and issue executive instructions (1) The Authority may delegate such of its powers to its Members or officers as it may consider necessary. (2) The Authority may issue executive instructions in furtherance of various provisions of this Act and Rules made there-under in order to achieve the aims and objectives of this Act, so long as they are not inconsistent with such provisions. (3) With prior approval of the Government, the Authority may decentralize its functions by delegating such of its functions to other statutory organizations as it considers necessary. Explanation: The statutory organizations may be panchyati raj institutions, urban local bodies or development authorities, offices of the Revenue administration established under the relevant laws, and the Registration offices established under the Registration Act, 1908.

62. Repeal and savings For the removal of doubts, it is hereby stated that, in case of any inconsistency between the provisions of this Act and any other Act, the provisions of this Act shall prevail.

63. Amendment of the Indian Stamp Act, 1899 The Indian Stamp Act, 1899 shall be amended in the manner specified in Part-I of the Schedule to this Act.

64. Amendment of the Registration Act, 1908 The Registration Act, 1908 shall be amended in the manner specified in Part-II of the Schedule to this Act.

65. Amendment of the Limitation Act, 1963 The Limitation Act, 1963 shall be amended in the manner specified in Part-III of the Schedule to this Act.

66. Amendment of the Land Acquisition Act, 1894 The Land Acquisition Act, 1894 shall be amended in the manner specified in Part-IV of the Schedule to this Act.

SCHEDULE

PART I

Amendments to the Indian Stamp Act, 1899 1. Section 2, sub-clause 12 shall be substituted by Section 2 (12) – ‘Executed’ and ‘execution’ used with reference to instruments, mean ‘signed’ and ‘signature’ The terms ‘signed’ and ‘signature’ also include an electronic record which can be attributed to the originator, a) if it was sent by the originator himself; b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or c) by an information system programmed by or on behalf of the originator to operate automatically. 2. Section 2, sub-clause 14 shall be substituted by Section 2 (14) – Instrument includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded. The term document also includes any electronic record, meaning data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer-generated microfiche.

PART II Amendment to the Registration Act, 1908 1. Section 1(2A) shall be added 1(2A). It shall not apply to registration of such immovable properties in notified areas which have been taken up for registration under the Land Titling Act, 2010. 2. Section 1(2B) shall be added 1(2B). It shall not apply to registration of immovable properties in notified areas after the expiry of a period of five years from the date of coming into force of the Land Titling Act, 2010 in such areas.

PART III Amendment to the Limitation Act, 1963 In the Schedule to the Limitation Act, 1963, the Period of Limitation in relation to item 65 of the Act shall be amended to ‘five’ years.

PART IV Amendment to the Land Acquisition Act, 1894 The Land Acquisition Act, 1894 shall be amended in the manner specified as required under this Act.

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THE LAND TITLING ACT, 2012

STATEMENT OF OBJECTS AND REASONS The peace and prosperity of the citizens and good governance of a country require accurate and updated immovable property records. The current system of maintenance of property records in the country has several drawbacks. There are numerous agencies involved in their maintenance, leading to a multiplicity of inharmonious property records; lack of interconnectivity among these agencies, their inefficiency and differing processes of updation of property records lead to inaccuracies in these records. The processes for updation of property records are cumbersome and time-consuming which lead to backlogs in the maintenance of property records. The system of transferring immovable property through registration of deeds and documents and presumptive titles leads to irregularities and litigation. Introducing the system of Conclusive Titles with title guarantee and indemnification against loss due to inaccuracies in property titles, will create an environment conducive to facilitating easier access to capital and, therefore, enhanced agricultural productivity per unit of land, efficient property transactions and security of tenure and property rights.

THE LAND TITLING ACT, 2010 NOTES ON OTHER LAWS THAT MAY NEED TO BE AMENDED The following extant Central legislations may need to be amended as indicated below for giving effect to the provisions of the Land Titling Act, 2010: (1) The Indian Stamp Act, 1899 to be amended in the manner specified in Part I of the Schedule enclosed. (2) The Registration Act, 1908 to be amended in the manner specified in Part II of the Schedule enclosed. (3) The Limitation Act, 1963 to be amended in the manner specified in part III of the Schedule enclosed. (4) The Land Acquisition Act, 1894 to be amended in the manner specified in Part IV of this Schedule enclosed.

Schedule

PART I Amendments to the Indian Stamp Act, 1899 3. Section 2, sub-clause 12 shall be substituted by Section 2 (12) – ‘Executed’ and ‘execution’ used with reference to instruments, mean ‘signed’ and ‘signature’ The terms ‘signed’ and ‘signature’ also include an electronic record which can be attributed to the originator, a) if it was sent by the originator himself; b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or c) by an information system programmed by or on behalf of the originator to operate automatically. 4. Section 2, sub-clause 14 shall be substituted by Section 2 (14) – Instrument includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded. The term document also includes any electronic record, meaning data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche

PART II Amendment to the Registration Act, 1908 Section 1(2A) shall be added 1 (2A). It shall not apply to registration of immovable property in notified areas wherein the Land Titling Act, has been brought into force, if the provisions are inconsistent to the provisions of Land Titling Act.

PART III Amendment to the Limitation Act, 1963 In the Schedule to the Limitation Act, 1963, the Period of Limitation in relation to item 65 of the Act shall be amended to ‘five’ years.

PART IV Amendment to the Land Acquisition. Act 1894. Act shall be amended in the manner specified as required under this Act.