Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410 Panaji, 26th June, 2008 (Ashada 6, 1930) SERIES I No. 13

Note: There are four Extraordinary issues to the Official An Ordinance fur ther to amend the Railways Gazette, Series I No. 12 dated 19-6-2008 as follows:— Act, 1989. (1) Extraordinary dated 23-6-2008 from pages 467 to 474 regarding Notification from Department of Rural Development & R.D.A. Whereas Parliament is not in session and the (2) Extraordinary (No. 2) dated 23-6-2008 from pages 475 President is satisfied that the circumstances exist to 476 regarding Notification from Department of which render it necessar y for her to take Law & Judiciary (Legal Affairs Division). (3) Extraordinary (No. 3) dated 25-6-2008 from pages 477 immediate action. to 492 regarding Notification from Department of Finance (Budget Division). N o w , ther efor e, in exer cise of the powers (4) Extraordinary (No. 4) dated 25-6-2008 from pages 493 to 494 regarding Notification from Department of confer red by clause ( 1 ) of ar ticle 123 of the Law & Judiciary (Legal Affairs Division). Constitution, the President is pleased to GOVERNMENT OF GOA promulgate the following Ordinance:—

Department of Law & Judiciary 1. Short title and commencement.— ( 1 ) This Ordinance may be called the Railways Legal Affairs Division (Amendment) Ordinance, 2008. ___ ( ) It shall come into force at once. Notification 2 10/2/2007-LA(Par t file)/20 2. Amendment of section 2.— In The Railways (Amendment) Ordinance, 2008 section 2 of the Railways Act, 1989 24 of 1989. (Ordinance No. 2 of 2008), which has been (her einaf ter r efer red to as the principal promulgated by the President in the F ifty -ninth Act),— Year of the Republic of India and published in the ( ) af ter clause ( ), the following clause shall Gazette of India, Extraor dinar y, Par t II, Section 1, a 7 be inser ted, namely:— No. 2, dated 31-1-2008, is hereby published for general information of the public. ‘( 7A) “competent authority ” means any Julio B. Noronha, Under Secretar y (L aw). person authorised by the Central Government, by notification, to perform the Por vorim, 27th Febr uar y, 2008. functions of the competent authority for such ______area as may be specified in the notification;’; MINISTRY OF LAW AND JUSTICE (b ) af ter clause ( 29), the following clause shall (Legislative Department) be inser ted, namely:—

New Delhi, the 31st January, 2008/Magha 11, (‘ ) “person interested” includes,— 1929 (Saka) 29A THE RAILWAYS (AMENDMENT) (i ) all persons claiming an interest in ORDINANCE, 2008 compensation to be made on account of the acquisition of land under this act; No. 2 of 2008

Promulgated by the President in the Fifty-ninth (ii) tribals and other traditional Year of the Republic of India. forest dwellers, who have lost any 496 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 13 26TH JUNE, 2008 traditional rights recognized under (b ) take levels; the Scheduled Tribes and Other Traditional For est Dwellers (c ) dig or bore into sub-soil; (Recognition of For est Rights) A ct, 2 of 2007. 2006; (d ) set out boundaries and intended lines of work; (iii) a person interested in an easement affecting the land; and (e ) mark such levels, boundaries and lines placing marks and cutting trenches; or (iv) persons having tenancy rights under the relevant State laws;’; (f ) do such other acts or things as may be considered necessar y by the competent authority. (c ) af ter clause ( 37), the following clause shall be inser ted, namely:— 20C. Evaluation of damages during survey, — The damages caused while ‘( 37A) “special railway project” means a measurement, etc. project, notified as such by the Central car rying out works on land such as sur vey, digging Government from time to time, for providing or boring sub-soil, marking boundaries or cutting national infrastructure for a public purpose in a trenches or clearing away any standing crop, fence specified time-frame, covering one or more or forest or doing such other acts or things which States or the Union territories;’. may cause damages while acting under section 20B par ticularly r elating to land which is excluded 3. Insertion of new Chapter IV A.— After from acquisition proceeding, shall be evaluated Chapter IV of the principal Act, the following and compensation shall be paid to the persons Chapter shall be inser ted, namely:— having interest in that land, within six months from the completion of the said works. ‘CHAPTER IVA 20D. Hearing of objections, etc— (1) Any person LAND ACQUISITION FOR A SPECIAL RAILWAY inter ested in the land may, within a period of thir ty PROJECT days from the date of publication of the notification 20A. Power to acquire land, etc.— (1) Where under sub-section ( 1 ) of section 20A, object to the the Central Government is satisfied that for a public acquisition of land for the purpose mentioned in purpose any land is required for execution of a that sub-section. special railway project, it may, by notification, declare its intention to acquire such land. (2 ) Ever y objection under sub-section ( 1 ), shall be made to the competent authority in writing, and (2 ) Ever y notification under sub-section ( 1 ), shall shall set out the grounds thereof and the competent give a brief description of the land and of the authority shall give the objector an oppor tunity of special railway project for which the land is being heard, either in person or by a legal intended to be acquired. practioner, and may, af ter hearing all such objections and af ter making such fur ther enquir y, (3 ) The State Gover nment or the Union ter ritory, as the case may be, shall for the purposes of this if any, as the competent authority thinks necessar y, section, provide the details of the land records to by or der, either allow or disallow the objections. the competent authority, whenever requir ed. Explanation.— For the purposes of this (4 ) The competent authority shall cause the sub-section, “legal practitioner’’ has the substance of the notification to be published in two same meaning as in clause ( i ) of sub- local newspapers, one of which shall be in a -section ( 1 ) of section 2 of the Advocates vernacular language. Act, 1961. 25 of 1961. 20B. On the issue Power to enter for survey, etc.— ( ) Any order made by the competent authority of a notification under sub-section ( ) of section 3 1 under sub-section ( ) shall be final. 20A, it shall be lawful for any person, authorised 2 by the competent authority in this behalf, to— 20E. Declaration of acquisition — ( 1 ) Where no (a ) make any inspection, sur vey, measurement, objection under sub-section ( 1 ) of section 20D has valuation or enquir y; been made to the competent authority within the OFFICIAL GAZETTE — GOVT. OF GOA 497 SERIES I No. 13 26TH JUNE, 2008 period specified therein or where the competent Provided fur ther that where an award is made authority has disallowed the objections under within the extended period, the entitled person sub-section ( 2 ) of that section, the competent shall, in the interest of justice, be paid an additional authority shall, as soon as may be, submit a r epor t compensation for the delay in making of the award, accordingly to the Central Government and on ever y month for the period so extended, at the rate receipt of such r epor t, the Central Gover nment of not less than five per cent. of the value of the shall declare, by notification, that the land should award, for each month of such delay. be acquired for the purpose mentioned in sub-section ( 1 ) of section 20A. (3 ) Where the right of user or any right in the nature of an easement on, any land is acquired (2 ) On the publication of the declaration under under this Act, there shall be paid an amount to sub-section ( 1 ), the land shall vest absolutely in the owner and any other person whose right of the Central Government free from all enjoyment in that land has been affected in any encumbrances. manner whatsoever by reason of such acquisition, an amount calculated at ten per cent. of the (3) Where in respect of any land, a notification amount determined under sub-section (1), for that has been published under sub-section (1 ) of section land. 20A for its acquisition, but no declaration under sub-section ( 1 ) of this section has been published (4 ) Before proceeding to determine the amount within a period of one year from the date of under sub-section ( 1 ) or sub-section ( 3 ), as the case publication of that notification, the said notification may be, the competent authority shall give a public shall cease to have any effect: notice published in two local newspapers, one of which shall be in a vernacular language inviting Provided that in computing the said period of claims from all persons interested in the land to be one year, the period during which any action or acquired. proceedings to be taken in pursuance of the notification issued under sub-section ( 1 ) of section (5) Such notice shall state the par ticulars of the 20A is stayed by an or der of a cour t shall be land and shall require all persons interested in such excluded. land to appear in person or by an agent or by a legal practitioner referred to in sub-section ( 2 ) of (4 ) A declaration made by the Central section 20D, befor e the competent authority, at a Government under sub-section (1) shall not be time and place and to state the nature of their called in question in any cour t or by any other respective interest in such land. authority. (6 ) If the amount determined by the competent authority under sub-section ( ) or as the case may 20F. Determination of amount payable as 1 be sub-section ( ) is not acceptable to either of the compensation.— ( 1 ) Where any land is acquired 3 under this Act, there shall be paid an amount par ties, the amount shall, on an application by which shall be determined by an order of the either of the par ties, be deter mined by the competent authority. arbitrator to be appointed by the Central Government in such manner as may be prescribed.

(2 ) The competent authority shall make an award under this section within a period of one (7) Subject to the provisions of this Act, year from the date of the publication of the the provisions of the Arbitration and 26 of 1996. declaration and if no award is made within that Conciliation Act, 1996 shall apply to period, the entire proceedings for the acquisition ever y arbitration under this A ct. of the land shall lapse: (8 ) The competent authority or the arbitrator Provided that the competent authority may, while determining the amount of compensation under sub-section ( ) or sub-section ( ), as the case af ter the expir y of the period of limitation, if he is 1 6 may be, shall take into consideration— satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons (a ) the market value of the land on the date to be recorded in writing, he may make the award of publication of the notification under section within an extended period of six months: 20A; 498 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 13 26TH JUNE, 2008 (b) the damage, if any sustained by the person the concer ned State Gover nment shall specif y the interested at the time of taking possession of the floor price per unit area of the said land based on land, by reason of the severing of such land from the average higher prices paid for similar type of other land; land situated in the adjoining ar eas or vicinity, ascer tained fr om not less than fif ty per cent. of the (c ) the damage, if any, sustained by the person sale deeds registered during the preceding three interested at the time of taking possession of the years where higher price has been paid, and the land, by reason of the acquisition injuriously competent authority may calculate the value of affecting his other immovable proper ty in any the land accordingly. manner, or his ear nings; (3 ) The competent authority shall, before (d ) if, in consequences of the acquisition of the assessing and determining the market value of the land, the person interested is compelled to change land being acquired under this Act,— his residence or place of business, the reasonable expenses, if any, incidental to such change. (a) ascer tain the intended land use categor y of such land; and (9 ) In addition to the market-value of the land as above provided, the competent authority or the (b ) take into account the value of the land of arbitrator, as the case may be, shall in ever y case the intended categor y in the adjoining ar eas or award a sum of sixty per centum on such market- vicinity, -value, in consideration of the compulsor y natur e of the acquisition. for the purpose of determination of the market value of the land being acquired. 20G. Criterion for determination of market value of land.— (1) The competent authority shall adopt (4 ) In determining the market value of the the following criteria in assessing and determining building and other immovable proper ty or assets the market value of the land,— attached to the land or building which are to be acquired, the competent authority may use the (i ) the minimum land value, if any, ser vices of a competent engineer or any other specified in the Indian Stamp Act, 1899 2 of 1899. specialist in the relevant field, as may be considered for the registration of sale deeds in the necessar y by the competent authority. area, where the land is situated; or (5 ) The competent authority may, for the purpose (ii) the average of the sale price for similar type of determining the value of trees and plants, use of land situated in the village or vicinity, the ser vices of experienced persons in the field of ascer tained fr om not less than fif ty per cent. of agricultur e, for estr y, hor ticultur e, sericultur e, or the sale deeds registered during the preceding any other field, as may be considered necessar y three years, where higher price has been paid; by him. whichever is higher. (6 ) For the purpose of assessing the value of the standing crops damaged during the process of ( ) Where the provisions of sub-section ( ) are 2 1 land acquisition proceedings, the competent not applicable for the reason that: authority may utilise the ser vices of experienced persons in the field of agriculture as he considers (i ) the land is situated in such area where the transactions in land are restricted by or under necessar y. any other law for the time being in force in that area; or 20H. Deposit and payment of amount.— (1) The amount determined under section 20F shall be (ii) the registered sale deeds for similar land deposited by the Central Government, in such as mentioned in clause ( i ) of sub-section ( 1 ) are manner as may be prescribed by that Government, not available for the preceding three years; or with the competent authority before taking possession of the land. (iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 by (2 ) As soon as may be af ter the amount has been the appropriate authority, deposited under sub-section ( 1), the competent OFFICIAL GAZETTE — GOVT. OF GOA 499 SERIES I No. 13 26TH JUNE, 2008 authority shall on behalf of the Central Government (a ) in case of any land situated in any area pay the amount to the person or persons entitled falling within the metropolitan area, to the thereto. Commissioner of Police;

(3 ) Where several persons claim to be interested (b ) in case of any land situated in any area in the amount deposited under sub-section ( 1), the other than the area referred to in clause ( a ), to competent authority shall determine the persons the Collector of a district, who in its opinion are entitled to receive the amount payable to each of them. and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to (4) If any dispute arises as to the appor tionment the competent authority or to the person duly of the amount or any par t ther eof or to any person authorised by it. to whom the same or any par t ther eof is payable, the competent authority shall refer the dispute to 20J. Right to enter into land where land has the decision of the principal civil cour t of original vested in Central Government.— Where the land jurisdiction within the limits of whose jurisdiction has vested in the Central Government under the land is situated. section 20E, it shall be lawful for any person authorised by the Central Government in this (5 ) Where the amount determined under section behalf , to enter and do other act necessar y upon 20F by the arbitrator is in excess of the amount the land for car rying out the building, deter mined by the competent authority, the maintenance, management or operation of the arbitrator may award interest at nine per cent. per special railway pr oject or par t ther eof or any other annum on such excess amount from the date of work connected therewith. taking possession under section 20-I till the date of actual deposit thereof. 20K. Competent authority to have certain powers of civil court.— The (6 ) Where the amount determined by the competent authority shall have, for the arbitrator is in excess of the amount determined purposes of this Act, all the powers of a by the competent authority, the excess amount civil cour t while tr ying a suit under the together with inter est, if any , awarded under Code of Civil Procedure, 1908 in respect 5 of 1908. sub-section ( 5 ) shall be deposited by the Central of the following matters, namely:— Government, in such manner as may be prescribed by that Government, with the competent authority (a ) summoning and enforcing the attendance of any person and examining him on oath; and the provisions of sub-sections ( 2 ) to ( 4 ) shall apply to such deposit. (b) requiring the discover y and pr oduction of any document; 20-I. Power to take Possession.— ( 1 ) Where any land has vested in the Central Government under (c) reception of evidence on affidavits; sub-section ( 2 ) of section 20E, and the amount (d ) requisitioning any public record from any determined by the competent authority under cour t or office; section 20F with respect to such land has been deposited under sub-section (1) of section 20H (e ) issuing commission for examination of with the competent authority by the Central witnesses. Government, the competent authority may, by notice in writing, direct the owner as well as any 20L. Utilisation of land for the purpose it is other person who may be in possession of such acquired.— ( 1 ) The land acquired under this Act land to surrender or deliver possession thereof to shall not be transferred to any other purpose the competent authority or any person duly except for a public purpose, and af ter obtaining authorised by it in this behalf within a period of the prior approval of the Central Government. sixty days of the ser vice of the notice. (2 ) When any land or par t ther eof , acquir e d under this Act remains unutilized for a period of (2 ) If any person refuses or fails to comply with five years from the date of taking over the any direction made under sub-section ( 1), the possession, the same shall return to the Central competent authority shall apply— Government by reversion. 500 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 13 26TH JUNE, 2008 20M. Sharing with landowners the difference in Notification price of a land when transferred for a higher consideration.— Whenever any land acquired 10/7/2005-LA/158 under this Act is transferred to any person for a consideration, eighty per cent. of the difference in The Notification No. S. O. 1569(E) dated the acquisition cost and the consideration 19-9-2006 of the Ministr y of Envir onment received, which in no case shall be less than the and For ests, Gover nment of India, New Delhi, is acquisition cost, shall be shared amongst the hereby published for the general information of the persons from whom the lands were acquired or public. their heirs, in pr opor tion to the value at which the lands were acquired, and for the purpose, a Sharad G. Marathe, Joint Secr etar y (L aw). separate fund may be maintained which shall be administered by the competent authority in such Por vorim, 19th June, 2008. manner as may be prescribed by the Central ______Government. MINISTRY OF ENVIRONMENT AND FORESTS 20N. Land Acquisition Act 1 of 1894 not to apply.— Nothing in the Land Acquisition A ct, 1894 Notification shall apply to an acquisition under this Act. ___

20- O . Application of the National Rehabilitation New Delhi, the 19th September, 2006 and Resettlement Policy, 2007 to persons affected due to land acquisition.— The provisions of the S. O. 1569(E).— In exer cise of the powers National Rehabilitation and Resettlement Policy , conferred by clause ( ii) of sub-section ( 2 ) of 2007 for project affected families, notified by the section 3, sub-section ( 1 ) and clause ( b ) of Government of India in the Ministr y of Rural sub-section ( 2 ) of section 6 and section 25 of the Development vide number F. 26011/4/2007-LRD, Environment (Protection) Act, 1986 (29 of 1986), dated the 31st October, 2007, shall apply in r espect read with rule 5 of the Environment (Protection) of acquisition of land by the Central Government Rules, 1986, the Central Government hereby under this Act. makes the following rules to amend the Noise Pollution (Regulation and Contr ol) Rules, 2000, 20P. Power to make rules in respect of matters namely:— in this Chapter.— ( 1 ) The Central Gover nment may, by notification, make r ules to car ry out the 1. ( 1 ) These rules may be called the Noise purposes of this Chapter. Pollution (Regulation and Contr ol) Amendment Rules, 2006. (2 ) In par ticular , and without prejudice to the generality of the for egoing power, such r ules may (2 ) They shall come into force on the date of their provide for all or any of the following matters, publication in the Official Gazette. namely:— 2. In the Noise Pollution (Regulation and Control) ( ) the manner of appointment of arbitrator a Rules, 2000,— under sub-section ( 6 ) of section 20F; ( ) in r ule 4, af ter sub-r ule ( ) the following (b ) the manner in which the amount shall be i 2 deposited with the competent authority under sub-r ule shall be inser ted, namely:— sub-section ( 1 ) and ( 6 ) of section 20H; “(3) The r espective State Pollution Contr ol (c ) the manner of maintenance and Boards or Pollution Contr ol Committees in administration of separate fund for the purposes consultation with the Central Pollution Contr ol of section 20M.’. Board shall collect, compile and publish technical and statistical data relating to noise PRATIBHA DEVESINGH PATIL, pollution and measures devised for its effective President prevention, control and abatement.” K. D. SINGH, ( ) in rule 8,— Secretary to the Government of India. ii OFFICIAL GAZETTE — GOVT. OF GOA 501 SERIES I No. 13 26TH JUNE, 2008 (a) in sub-r ule ( 1 ), af ter the wor ds “ received 2. Amendment of rule 98.— In the Goa Medical by him”, the words “including from the Council Rules, 1995, for rule 98, the following rule complainant” shall be inser ted; shall be substituted, namely:—

(b ) in sub-r ule ( 2 ), in the pr oviso, af ter the “98. Charging of fees.— Fees shall be levied words “afford to the applicant”, the words “and by the Council as shown below: to the original complainant, as the case may be,” shall be inser ted. Sr. Purpose Amount of fees No. in rupees [F. No. Q-15022/1/2003- C PA] (i)For r ecor ding change of name in the 50/- R. K. VAISH, Jt. Secr etar y. register Note: The principal rules were published in the Gazette (ii) For entering each additional qualification of India, vide number S. O. 123(E), dated the 14th specified in any of the Schedules to the Februar y, 2000 and subsequently amended vide S. O. 1046(E) dated 22nd November, 2000 and Indian Medical Council Act, 1956 S. O. 1088(E) dated 11th October, 2002. (Central Act 102 of 1956). 100/-

(iii) For issue of duplicate cer tificate of ———ttt——— registration 500/-

Department of Public Health (iv) For issue of a cer tified copy of an entr y ___ in the register 100/-

Notification (v) Provisional Registration 400/- 13-32-87-IV/PHD (vi)Per manent Registration 1050/- Whereas the draf t Rules so as to amend the Goa Medical Council Rules, 1995, were published as (vii) Continuation (Renewal) of Registration 500/- required by sub-section ( 1 ) of Section 28 of the Goa Medical Council Act, 1991 (Goa Act 6 of 1991) in (viii) No Objection Certificate or Good Standing Certificate 500/- the Official Gazette, Series I No. 40, dated 3-1-2008 under Notification No. 13-32-87-IV/PHD dated (ix) Re-entering the name in the Register 1050/- 18-12-2007 of the Depar tment of P ublic Health, Government of Goa, inviting objections and suggestions from all persons likely to be affected By order and in the name of the Governor ther eby, within 30 days fr om the date of publication of Goa. of the said Notification in the Official Gazette; , Joint Secr etar y (Health). And whereas the said Gazette was made D. G. Sardessai available to the public on 3-1-2008; Por vorim, 26th May, 2008. And whereas no objections and suggestions ______have been received from the public on the said draf t Rules. Order

N o w , ther efor e, in exer cise of the powers 11/6/87-IV/PHD(Part-I) conferred by section 28 read with sections 16, 17, 19, 20 and 23 of the Goa Medical Council Act, 1991 Sanction of the Government is hereby accorded (Goa Act 6 of 1991), and all other powers enabling for revival of following posts in Goa Dental College it in this behalf, the Government of Goa hereby and Hospital with immediate effect:— makes the following rules so as to amend the Goa Medical Council Rules, 1995, as follows, namely:— Sr. Name of the post Group No. of Pay scale No. posts 1. Short title and commencement.— ( 1 ) These rules may be called the Goa Medical Council 1. Lecturer in Oral “A ” 1 Rs. 8000-275-13500 Surgery (Amendment) Rules, 2008. 2. Lectur er in Statistics “A ” 1 Rs. 8000-275-13500 (2) They shall come into force at once. 502 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 13 26TH JUNE, 2008 The expenditure towards the pay and Department of Social Welfare allowances in respect of post at Sr. No. 1 is debitable to the Budget Head–2210-Medical and Directorate of Social Welfare Public Health; 05–Medical Education, Training and ___ Research; 105–Allopathy; 01–Goa Dental College and Hospital (PLAN); 01–Salaries. In respect of post Addendum at Sr. No. 2, the same is debitable to the Budget 19-46-97- A dmn (Vol.I)/1164 Head–2210-Medical and Public Health; 05–Medical Education, Training and Research; 105–Allopathy; Read: 1. Or der No. 19-46-97- A dmn. (Vol.I)/774 02–Goa Dental College and Hospital (NON-PLAN); dated 17th August, 2005. 01-Salaries. 2. Or der No. 19-46-97- A dmn. (Vol.I)/2295 dated 19th July, 2007. This issues with the recommendation of A dministrative Refor ms Department vide their In par tial modification of Or der dated 17th U.O. No. 1972/F dated 30-1-2008 and concur rence A ugust, 2005, the Section Officer, Secr etariat Cell of Finance (Rev. & Cont.) Depar tment, vide as Assistant Public Information Officer is replaced their U. O . No. F in. (Rev. & Cont.)/945 dated by Sr. Assistant, Secr etariat Cell as Assistant P ublic 28-3-2008. Infor mation Officer, consequent upon the order dated 19-7-2007 declaring. The Officer shall be By order and in the name of the Governor available on Tel. No. 2223784, 2232257, Fax No. of Goa. 2228172.

, Under Secr etar y (Health). Derrick Pereira Neto P. K. Velip Kankar, Dir ector of Social Welfar e. Por vorim, 17th June, 2008. Panaji, 9th June, 2008.

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