t REGn. GOA - 6 , l'anaji, 21st October, 1976 [Asyina 29, 1898) SERIES I No. 30' OFFICIAI1 GAZETTE' GOVERNMENT OF GOA, DAMAN AND DIU
GOVERNMENT OF GOA, DAMAN the Airport Complex,S'Ubj€iCt ,to ,theoonditions, that they do not ply on any public road ...... AND DIU ...... Whole". By order and in. the name of the Administrator Home Department [Transport and Accommodation). of Goa, Daman and Diu. G. M. Sardessai, Under Secretary (Home). Notification Panaji, 13th October, 19176. HD(rr)/8-5/76 ... The following draft amendment. which is' proposed legislative Assembly of Goa, Daman and Diu 1:0 be made to the Goa, Daman and -Diu Motor Vehicles Tax Rules, 19174 is hereby pre-pubWshed as Legislature Department required by sub-section (1) of section 2:4 of the Goa, Daman and Diu Motor Vehic1es Tax Act, 1974 ~/B/7/20/2738/7~ (8 of 1974), !for information of the persons tikely The following Bill which was. introduced in the to be affected thereby and notice is hereby given Legislative Assembly of Goa, Daman and Diu on that the said draft amendment wfil be taken into 13th October, 1976 is hereby published for general .consideration by the Government on the ~piry of information in pursuance of the provisions of thirty days from the date of publication of this Rule 136 of the Rules of Procedure and Conduct of Notification in the Official Gazette. Business of the Legislative Assembly. All objections and suggestions to the draft amend The Goa, Daman and Diu Motpr Vehicles Tax ment may be forwarded to. the Under 'Secretary to [First Amendment) Bill, 1976 the Government of Goa, Daman and Diu, Home Department, Secretariat, Panaji, before the expiry (Bill No. 20 of 1976) of thirty days from· the date of publication of this Notification in the OfficiaJ Gazette. A BILL DRAFYr AMENDMENT to amend certain provision8 of the Goa, Daman and In exercise of the' pow€!l"s.conferred by clause (f) Diu Motor Vehicles Tax Act, 1974.
Statement of Objects and Reasons (d) tricycles: Far every 25 Kgs: weight or It is proposed to allow motor cycles to ply on hi're, part thereof' RO. 12-00 after granting them necessary contract carriage II. Motor Viehi'Cles not exceeding 25 Kgs. permits under section 51 of the Motor Vehicleg Act, in weight unladen adapted for use' 1939, since such mode of transport will be very fOr invalids' Rs. 6:"00 economical to the travelling public taking into account the present increase in the coot of petrol III. Go'ods Veh'icles: and spare parts of other commercial vehicles. For - every 100 KgB. of registered laden or part there'of: Therefore, it is necessary to prescribe different (i) driven on fuel other than diesel Rs. 15-00 rates of taxation for motor cycles plying on hire (ii)' driven on diesel ... Rs. 18-00 and motor cycles used for private purpoS'e8';Likewvse" it is, necessary to prescribe different rates of taxa IV. Taxis and Auto Rickshaws: tion for autorickshaws havilng capacily of 2 seats Taxis- used for hire. a) Upto 3 seaters Rs. 225-00 The Bill seeks to achieve the above purposes. b) Upto 4 seatens . RO. 250·00 'C) upto 5 sea:te:m Rs. 270-00 Financial Memorandum For ;every additional- seat up to a maximum 'of 7 seats RO. 25·00 The Bin does not entail additional expenditure as Auto, Riclmhaws up to 2 seats Rs. 60·00 only the rates of tax prescribed for motor cycles and autorickshaws, to be used as contract carrlages ...... " ...... ,.'" ...... , .. ',., ...... , ...... , .. ,' ... ' ...... " .... , ... , ... ~ will be' raised. The tax will be recovered by the existing machinery only viz: the Directorate of Assembly Hall, M. M. NAIK Transport. Assuming that about 600 motor cycles Panaji, Secretary to the Legislative, Assembly 24th September, 1976 of Goa, Daman and Diu are authorised to ply on hire by way of granting r. contract· carriage permits, and with the enhanced rates of taxation on autorickshaws having capacity of 2 seats used for hi're,. the anticipated additional LA/B/7/22/2739176 revenue from the proposed tax will be in the vicinity of Rs. 15,000/- per annum. The following Bill which was introduced in the Legislative Assembly of Goa, Daman and Diu on Panaji, SHASIITKALA KAKODKAR 13th October, 1976' is hereby published for generaL 20th September, 1976 Chief Minister information in pursuance of the provisions of Rule 136 of the Rules of Procedure and Conduct of Business of the Legislative Assembly. Assembly Hall, M. M. NAlK Panaji, Secretary to the Legislative Assembly The Go" Daman and Diu Anatomy Bill, 1976 24th September, 1976 of Goa, Daman and Diu CONTENTS Preamble (Annexure to Bill No. 20 of 1976) Clauses 1. Short,,titIe, extent and commencement. The Goa, Daman and Diu Motor Vehicles Tax 2. Definitions. (First Amendmentl 8ill, 1976 3. Power of Government to authorise officers to act .... :...... undel" section 4; The Goa, Daman Diu M"tor ¥ehic!e.s TalC Act, 1974 4. Unclaimed dead bodies to be used for therapeutic a:~d purposes or anatomlrcal examinations. (Act No.8 of 1974) , . ,5. Doubt or dispute whether person claiming _body is; ...... ' ...... , ...... ," ...... ~ ...... near relative to be referred to Executive MagIS trate and, body to ~ preserved pending deCision~ SCHEDULE . 6. . Penalty. Schedule of Taxation 7. ,Puty .of police and ?ther officers ,to 'assist. (Section 3) 8. Protection of persons acting under the Act:
Class of Motor 'Vehicles Maximum annual 9. Officers to be public servants. rate of tax 1 O~, Power t~' make Rule::: .A,. Motor VehIcles fitted solely with pneu•. , .: m~~c, ltyres. the Goa, Damim and Diu Anafomy Bill, 1976 I. Motor cyCles' ahd:tt'icycles' (including (Bill No. 22 of 1976) motor-scooters and cycles w.i>th _atta • chment for propelling the same by mechanical power) A . BILL (a)upto half 'horse power .... , RO. 15·00 '(:-: (.'; ,:_,,{ " ::; ,- -- , - (b) -more thab. haIf horse p~~er ·RO. 40·00 to provide for the supply Of unclaimed:dead bddie8' '(c') 'for 'ev.erylsid~ car at'tached Rs. 5.00 .. of deceased per,sons to hospitals and .medical ani! (madditlOlHo . teachinginstit~tion8 ./01' .therapeutic 1!Y'l'poses or , I'a.te.. specified ..' fQr the,purposeo/anatomical examinationsOT dis- ti>eabove) sections. . .'. '\' . .. I~il: ~f~!il~'~~--~--~~.~0:~~ ____ ~~ __ .m-__mfi.~- ____~ ______~ ____------~~ ~: 21ST OCTOBER, 1976 (ASVINA 29, 1898) 309
Be it enacted by the Legislative Assembly of Goa, (7) "prescribed" means prescribed by rules Daman and Diu in the Twenty-seventh Year of made under this Act; the Republic of India as follows: - , (8) "unclaimed body" means the body ofa 1. Short title, extent and commencement. - (1) deceased person who has no near relative or This Act may be called the Goa, Daman and Diu whose body has not been claimed by any of Anatomy Act, 1976. his near relative within such period as may be prescribed. (2) It extends to the whole of the Union territory of Goa, Daman and Diu. ',' 3. Power of Government to authorise officers to (3) This section shall come into' force at once. aet under section 4. - The Government may, by notification in the Official Gazette authorise for (4) The Government may by notification in the the' area in which this Act comes into force or any Official Gazette, direct that the remaining proviSions part thereof, one or more officers to whom a report of this Act shall come into force on such date and shall be made under sootion 4 and who shall be in such area as may be 'specified in the notJification. competent to act under the 'said section. 2. Definitions. - fu this Act, unless there, is any -,:,;: thing repugnant in the subjoot or context- 4. Unclaimed dead_,bodies to be used for thera peutic purpose or anatomical examination. - (1) (1) "approved institution" means a hospital Where a person under treatment in a hospital or a medical or teaching institution approved by whether established by or vesting in, or maintained the Government for all or any of the purposes by, the Government or any local authoI'ity, dies in of this Act; such hospital and his body >s unclaimed, the autho '[ rities in charge of such hospital shall with the least I (2) "authol'ised Officer" means an Officer practicable delay report the fact to the authorised authorised to act under section 4; officer and such officer shall then hand over the ! (3) "Collateral consanguinity" means that unclaimed body to the authorities in charge of an ,~, which subsists between two persons who are approved institution for any therapeutic purpose or 1,- Jf' descended from the same stock or ancestor, but for the purpose of conducting anatomical examina neither of whom is descended in direct line from tions and dissection. ' the other. (2) Where a person dies at hospital other than a hospital referred to in sub-section (1) or in a Note: - For the purpose of ascertaining in what prison and his body is unclaimed, the authorities -degree of kindred any collateral relative stands to in charge of such hospital or prison shall with the a person deceased, it frs necessary to rookon upwards least practicable delay report the fact to the autho 'from the person deceased to the common stock and r~d officer who shall hand over the unclaimed body then downwards to the collateral relative, a degree to the authorities in charge of an approved insti· being allowed for each 'person, both ascending and tution for the purpose specified in sub-section (1). -descending. ' (3) Where a person having no permanent place (4) "Government" means the Government of residence in the area where his death has taken of Goa, Daman and Diu; place/dies in any public place in such area and his (5) "Lineal consanguinity" means that which body is, unclaimed, the authorised officer shall take subsi\sts between two persons, one of whom is possession of the body and Shall hand it over to descended in a direct line from the other, as the authorities in charge of an approved in;.,titution between a man and his father, grandfather and for the purpose specifled in SUb-section (1). great-grandfather, and so upwards in the direct ascending line; or between a man and his son, (4) Where there is any doubt regarding the cause grandson, great-grandson and so downwards in of death or when for any other reason the autho the direct descending line; rised officer considers if expedient so to do, he shall forward the unclaime-d body to a police officer re ferred to in section 174 of the Code of Criminal :Note: - (a) Every generation constitutes a de Procedure, 1973 (Central Act l! of 1974). gree, either ascending or descending; (b) A person's father is related to him 5. Doubt or dispute whether person claiming body in the first degree, and so likewise is is near relative to be referred to Executive, Magis his son; his grandfather and grand trate and body to be preserved pending decision. son in the second degree; hisl great (1) If any doubt or dispute arises as to whether -grandfather and great-grandson in a person claiming the body of a deceased person the third degree, and so on; under section 4 ;s a near relative of the deceased or not the matter Shall be referred to the Executive (6) "near relative" means any of the follow Magistrate or such officer as may be appointed in ing relatives of the deceased, namely, a wife, this behalf by the Government and his deciSion shall husband, parent, son, daughter, brother and be final and conclusive. sister arid includ~s, any other person who is .related to the deceased (a) by lineal or collate (2) Pending such decision,the authorised officer ral consanguinity within three degrees in lineal shall take all reasonable care and steps to preserve .relationship, and si~ degrees in collateral rela- the body of the deceased person from decay. . tionship, or (b) by marriage either with the de eeased or with any relative specifically men 6. Penalty. - Whoever disposes of, or abets the , tioned in this clause or with any other relative disposal of, an unclaimed body save as permitted )'withiln the aforesaid degrees; by this Act, or obstructs any authorilty in charge S10 , SERIES I No. 3(}1
of an approved insrtitution or an authorised officer Memorandum on Delegated Legislation from handing over, taking possession of, removing or using, such dead body for the purpose specified Clause 10 of the Bill enables the Government to> in the Act, shall, on conviction, be punished with frame rules for the purposes of the Act. This dele fine, which may extend to five hundred rupees. gation is of normal character.
7. Duty of Police and other officers to assist. Panaji, SHASHIKALA KAKODKAR All officers and servants of the Police, Medical and Public Health Departments, all officers and servants 27th September, 1976 Chief Minister in the employ of a local authority and all village officers and servants shall be bound to take all Assembly H:all, M. M. NAIK reasonable measures to assist the authorities and , Panaji, Secretary to the Legislative officers authorised under this Act in the discharge Assembly of Goa, Daman and DillL of their duties under this Act. 7th October, 1976.
8. Protection of persons acting under the Act. - , No suit, prosecution or other legal proceedings shall LA/B/7/23/2740/76 lie agai'nst any persDn for anything which is in good faith done or ilntended to be done under this Act. The following Bill which was introduced in the Legislative Assembly of Goa, Daman and Diu on 9. Officers to be public servants. - All officers 13th October, 1976 is hereby published for general appointed or authorised to act under this Act shall information in pursuance of the provisions of be deemed to be public servants within the meaning Rule 136 of the Rules of Procedure and Conduct of' of section 21 of the Indian Penal Code, 1860 (Central Business of the Legislative Assembly. Act 45 of 1860). The Goa, Daman and Diu Excise Duty (Amendment) Bil), 1976> 10. Power to make Rules. - (1) The Government may, by notification in the Official Gazetie, make (Bill No. 23 of 1976) rules for carrying out the purposes of this Act. A (2) Without prejudice to the generality of the provisions of sub-section (1) such rules may pres BILL cribe the period witMn which a near relative shall claim the body <;>f a deceased persDn. further to amend the Goa, Daman and Diu Excise' Duty Act, 1964. (3) Every rule made under this section shall be laid as soon as may be after it is made, before the BE it enacted by the Legislative Assembly of Goa, Legislative Assembly of the Union territory of ,Daman and Diu in the Twenty-seventh Year of the' Goa, Daman and Diu while ~'t is in session Republic of India as follows:- for a total period of thilrty days which may 'be comprised in one session or in two succes&ive 1. Short title and commencement. - (1) This Act sessions, and if, before the expiry of the session in may be called the Goa, Daman and Diu Excise Duty which it is so laid or the session immediately follow (Amendment) Act, 1976. ing, the Assembly a;grees in making any modi!l'icatron (2) It shall come into force at once. in the rule or the Assembly agrees that the rule should not be made, the rule shall thereafter have 2. Amendment of seciion 24. - In SUb-section (2) effect only in such modified form or be of no effect, of section 24 of the Goa, Daman and D1'u Excise as the case may be; so, however that any such modi Duty Act, 1964 (5 of 1964) (hereinafter referred to fication or annulment shall b~ without prejudice to as "the principal Act"), foo- the words and figureso the validity of anything previbusly done under that "Code of Criminal Procedure 1898", the wOl;ds, figu rule. ' res and brackets "Code of Criminal Procedure, 1973, (Central Act 2 of 1974)" shall be subst';tuted. Statement of Objects and Reasons 3. Amendment of seciion 30. - In section 30 of Sufficient cadavers are otherwise not available for the principal Act, for the words "one thousand 'study by medical students. Also the cadavers kept rupees or imprisonment for a term which may extend i!n the mortuary are allowed to decompose and to one year", the words "two thousand rupe-es or' finally burried by the Municipalilty as nobody comes imprisonment for a term which may extend to tWG to claim the said cadavers. years" shall be substituted. , By passing this Bill, unclaimed dead bodies will ,be made available for anatomical purposes. These 4. Amendment of seotion 31. - In section 31 of cadavers are of those unfortunate people dying the principal Act, for the words "five' hundred without anyone to mourn their passing away and rupeES or with imprisonment whkh may extend to without funds to nnance religious ceremonies. Simi three months", the words "one thousand rupees or lar enactments are in force in various other States: with imprisonment which may extend to six months" shall be substituted. 5. Amendment of section 32. - In section 32 of' the principal Act, for the words "five hundred ru-' pees or with imprisonment' which may extend to three months", the words "one thousand rupees or'
f';- >
1lf'1>;·ii""------...... -~,- ...... ------__:_------rL. 21ST OCTOBER, 1976 (ASVINA 29, 1898) 311 ------wirth imprisonment which may extend to six months" (2) Any such officer may exercise the same powers in respect of such investigation as an officer in charge of, a shaH be substituted. police station may exercise in respect of an investigation into a cognizable case under the provisions of the Code of Criminal 6. Amendment of section 33. - In section 33 of Procedure 1898 and, if specially empowered in that behalf by the principal Act, for the words "one thousand the Government, such officer may for reasons to be recorded rupees or with impriSonment which may extend to by him in writing, stop further proceedings against any person concerned in any such offence into ~hich he has investigated. si'X months", the words "two thousand rupees or with imprisonment which may extend to one year" 30. Penalty for contravention of' prOvision. ~ Whoever, in shall be substituted. . contravention of this Act, or of any rules or orders made thereunder, or of the conditions in any licence or permit ob':' tained ,under- this Act,- 7. Amendment of section 35. - In sectibn 35 of (a) imports, exp~rts, transports or possesses any excisable the principal Act, for the words "one thwsand ru article; or pees", the words "two thousand rupees" shall be (b) "manufactures or produces any excisable article or substituted. bottles liquor; or (c) constructs or works any distillery, brewery or pot 8. Amendment of section 36A. - In sub-section (3) still; or of section 36A of thepJ.'ilncipal Act,- (d) uses, keeps, or has in his possession any materials (~) for the words and figures "Code of Crimi still, utensils, implements or apparatus whatsoever for th~ nal Procedure, 1898", the words, figures purpose of manufacturing any excisable article; or and brackets "Code of Criminal Procedure, (e) sells any excisable article or foreign liqu9r; or 1973. (Central Act 2 of 1974)" shall' be (f) draws toddy from any tree, substituted; shall, on conviction befpre a Magistrate" be punished for each (ill) the figures and word "5 of 1898" shall be such offence with- deleted; (i) imprisonment which may extend to three years, with or without fine, if the offence relates to intoxicating drug or (iu) after SUb-section (3), the following shall opium as defined in clauses (kkk) and (oo) respectively, be inserted, namely:- of section 2; " (4) All offences purrllshable under this (ii) a fine wh~ch may extend to one thousand rupees or imprisonment for a term which may extend to one year or Act shall be cognizable and baila with both, if the offence relates to any other matter_: ble.". Provided that in respect of any offence under clause (f), the amount of fine may be such lower figure as may be Statement of Objects and Reasons prescribed.
One of the items in the 12-Point Prohibition Pro 31. Penalty for certain acts or Omissions by holders 01 gramme, recommended for implementation by the licence. - Whoever, being the holder of a licence or permit graIJ.ted under this Act or being in the employ of such holder Central Government, is to tighten ·up the existing and acting on his behalf,- legislation with a view to punishing the guilty more' (a) fails to produce such licence or permit on demand effectively. Undoubtedly, such a step shan also con by any Excise Officer or any other officer duly empowered tribute to ·curb the tendency to com!mit offences. to make such demand; or In the light of this, it has been decided to increase (b) Wilfully does or omits to do any;t:hJing in breach of the existing quantum of punishment. any of .the conditions of his li:cence or peI'lTrit not otherwise provided for 'in this Act; or The present Bill seeks to C'arry out the aforesaid ,( C) wilfUlly contravenes any dule made under section 22 purpose. of this Act; or (d) penuits drunkeness d1sorderly conduct, riot or gam Financial Memorandum ling in any place !in which any Uguor Ii:s sold Dr manu flaictured; or The Bill does not entail any additional expenditure. (e) permit'S persons of notori"Ously bad ~haracter to meet or remain in any such ,;place, Panaji, SHASHIIM.LA KAKODKAR shaiI, on c~nViction before a Magistrate:; be punished for each sU'ch offence, with fline which may extend, to fiv:e hundred 6th October, 1976 ChIef Mlnlster rupees or with limpt'isonment wh'i'Ch may extend to three months or with bOth.
Assembly Ha:il, M. M. NMK 32. PerUlJty for certain acts by holders Of licence lor 8Qi~ or manufacture. - Whoever, bei1ng the holder of a Hcen'Ce Panaji, Secretary ,to the Legtislatlve Assembly for the sale or manufacture of liquor uDJder this Act, or 8th October, 1976 of Goa, naman and [)iu be'ing iin the emplOy of such holder acting on his behalf,- (a) mixes or peI"'Illits to be mixed with the liquor sold.or manufactured by him .any noxii:cus drug or any foreign (Annexure to Bill No. 23 of 19761 ingredlients Hkely to add to its actua;l or apparent ,mtom catllng quality or 'Strength or ,to affect its puvity; The Goa, Daman and Diu Excise Duty (Amendment) Bilt 1976 (b) sell or exposes for sale foreign liquor or Indian made foreign liquor which he knows or has reason _to l?elieve . to be country 'liquor; The Goa. I;>aman an'd D_iu Excise Duty Act, 1964 (,c) marks any bottle 01" Us cork, or any .case, pack'age (Ao! No, 5 of i964) or other .re:ceptac]:e contalfuling liquor manufactured from I rectified spirlit or country p:quor-with the -intention Of cau'S ing it to .be ,belieVed that such bottle, case, package or other rec,eptaele ',-contaIns_ 'foreign liquor, 24. Power ot' certain officers to investigate into offences. I (1) Any officer of the EXCise Department not below such shall, on convi'ction before a· Magistrate,- be puni'shed for each rank as. may.be prescribed -may investigate into any offence such offence with fine which may extend to five hundred punishable under this; Act commit~ed witpin. the -limits of the rupees, or with' imprisonment which may extend to three area in which such officer exerci$es' "jurisdiction. months _Or with' both: 312 SERIES I No. 30 ------,---_._.... 33. penalty. for possession of contraband excnsab1e MUcle. Act 5 of 1970) and any other banking institution :- Whoever without lawful authority. has in his possession any quantity of exlcisabl'e ·a.rticle knowing the same :to have notified by the Central Government under sec . been unlawfully imported, transported or mamlfa;ctured, or tion 51 of the Banking Regulation Act, 1949 (Cen knowing that th~ prescribed duty has not been paid thereon, tral Act 10 of 1949) ; shaH, on .conv!ict:Jion before a IMagistrate, be punished with fine which may extend to one thousand rupees or with impri (b) "co-operative society" means a society re sonment which may extend to six months or with both. gistered or deemed to be registered under the 35. Penaltiles for offence;s not otherwise provided. for. Maharashtra Cooperative Societies Act, 1960 (Ma Whoever is guiaty of any act or intentional omission in con harashtra Act No. 24 of 1961) as in force in the travention of any of the provi'sioD'S of this Act, or of any rule . Union territory; or order made under this Act, and not otherwise provided for therein shall be punished for each such act of omisslon wftth (c) "Government" means the Administrator ap :t1ine wh~ch may extend to oue thousand rupees. pointed by the President under article 239 of the 36-A. Oognizance of Offences: (1) No Court shall take· Constitution; cognizance of an offence under this Act or under the rules made thereunder other than an offence under sectli'on 34 (d) "Inspector" means an Inspector appointed exeept on eomplaJint made by the CommisSioner or any other. under section 10; officer ,authort'sed by hJim either genera1:ly or -speCially 'in wrutmg. ' (e) "interest" includes the return to be made over and above what was actually lent, whether (2) No Court inferior to that of 'a Magistrate of !the First Class shall try any offence under this Act or the rules made the same is charged or sought to be recovered thereunder. specifically by way of interest or otherwise but does not include any sum charged by a lender in (3) iNotw!lthstand'ing anything contained lin the Code of Cviminal, "Procedure, 1898, any of- 5 of 1898 accordance wi1f1 the prOVisions of thisJ Act or any fence under this Act may be I~i:ed summarily. other law for the time being in force, for or on account of costs, charges or expenses; Assembly Hall, M. M. NAIK (f) "licence" means a money-lender's licence Panaji, - Secretary to the Legislative AJ3- granted under this Act; sembly of Goa, Daman and Diu. 8th October, 1976. (g) "loan" means an advance whether of money or in ki'nd at interest, and includes any transaction which the Court finds in substance to amount to LA/B/7/24/27 41/76 such an advance, but does not include: The following Bill which was introduced in the (i) a deposit of money or other property· Legislative Assembly of Goa, Daman and Diu on in a Government Post Office Savings 13th October, 1976 is hereby published for general Bank or in a bank or in a company as information in pursuance of the provisions (8) Nothing in this section shall be deemed to outstanding on account of the principal and of disentitle a money-lender, whose licence has expired interest and charge such fee therefor as the Go or has not been renewed, from taking steps to recover vernment may prescribe: any loan advanced during the period when the licence was in force. Provided that no such statement shall be re quired to be furnished to a debtor if he is supplied 5. Ohange of place of business by money-lender_ by the money-lender with a pass book in the pres No money-lender shall change his place of business· cribed form containing an up-to-date account of without previous notice to the licensing authority the money.lender's transactions with the debtor; and without having the address of the new place or and . . business duly endorsed on his licence. (d) submit such returns relating to the loans advanced by him to the Inspector concerned, in .. 6. Money-lenders to exhibit their name8 over such form and at such times as may be prescribed. shops. - Every money-lender shall always keep exhi bited over his shop or place of business his name (2) All records or entries made in the books, ac- with the word "money-lender" and its equivalent in counts and documents referred to in sub-section (1) the regional language. shall be in such language -as may be prescribed in respect of any area. 7. Interest and charges allowed· to money-lend (3) A debtor to whom a statement of account has ers. - No money-lender shall charge interest on any been furnished under clause (c) of sub-section (1) loan at a rate exceeding nine per cent per annum, and who fails to .object to the correctness of the ac simple interest, where the loan is a secured loan, or count shall not by such failure alone be deemed to at a rate exceeding twelve per cent per annum, have admitted the correctness of such account. simple interest, where the loan is not a secured loan. (4) In the receipts to be given under clause (b) of ·8. Power to deposit in Oourt money due on loan. sub-section (1) or in stat€m€'nt of account to be fur (1) Where a money-lender refuses to accept the nished under clause (c) of that sub-section, the whole or any portion of the money or other property figures shall be entered only in international form due in respect of his loan, the debtor may deposit the of Indian numerals. . said money or property into the Court having juris (5) In any suit or proceeding relating to a loan if diction to entertain a suit for recovery of such loan the Court finds that a money-lender has not main and apply to the Court to record full or part-satis tained an account as required by clause (a) of sub faction of the loan, as the case may be. section (1), he shall not be allowed his costs. (2) Where any such application is made, the Court (6) If any money-lender fails to give the debtor shall, after due. inquiry, pass orders recording fuIl or his agent a receipt as required by clause (b) of or part-satisfaction of the loan, as the case may be. sub-section (1) or to furnish on a requisition made (3) The procequre laid down in the Code of Civil under clause (c) of that sub-section a statement of Procedure, 1908 (Central Act '5 of 1008) for the account as required therein within one month after trial of suits shall, as far as may be, apply to appli such requisition has been made, he shall not be entit cations under this section. led to any interest for the period of his default. (4) An appeal shall lie from an order passed by a (7) Notwithstanding any agreement between the Court under sub-section (2) as if such an order re parties or any law for the time being in force, when lates to the· execution, discharge or satisfaction of a statement is furnished to a debtor under this sec a decreE; within the _meaning of section 47 of the tion on any day during a month, the interest due Code of Civil Procedure, 1908 (Central Act 5 of shall be calculated as payable for the entire month 1908). irrespective of the fact that such statement is ., furnished on any such day. 9. Money-lender to keep books, give receipts, etc. - 10. AppOintment of Inspectors and their power8. - (1) Every money-lender shall- (1) The Government may, by notification, appoint (a) regularly record and maintain or cause to one or more persons to be Inspectors for the purposes be recorded and maintained, an account showing of this Act and specify in such notification the local for each debtor separately- limits of their jurisdiction. (i) the date of the loan, the amount of the (2) Every Inspector shall be! deemed to bea . principal of the loan, the rate of interest charged public servant withon the m€aning of sectioo 21 of on the loan and the nature of security taken, if the Indian Penal Code!, 1860 (Central Act 45 of any; and 1860). (ii) the amount of every payment received by the money. lender in respect of the loan, and the (3) (a) (1) A Magistrate of. the first ~ass may, date of such payment; on receiving a report from an Inspector that a per son carries on without a licence or that a m()ney (b) give to the debtor or his agent a receipt for lender carries on in contravention of the 'Provisions every amount paid by· him, duly signed and, if of this Act or tire conditions oIf the licence granted necessary, stamped at the time of such payment; thereunder the business uf money-lending at any (c) on requisition in writing made by the debtor plaoo within the jurisdiction of such Magistrate, furnish to him, or, if he so requires, to any person issue a warrant empowering the Inspector to enter mentioned by him in that behalf in his requiSition such p!·ace with such assistants as he considers -a statement of account signed by himself or his necessary and inspect the books, accounts, records, agent, showing the particulars referred to in files, documents, safes, vaults and pledges in such clause (a) an.d also the amount which rem~ins premises. ..... 21ST OCTOBER, 1976 (ASVINA 29, 1898) 315 ------~------~--- (li) On receiving the warrant veferred to in sub N. Power to cancel licences, etc. - (1) The licen clause (i), the Inspector may enter the place and sing authority may, at any time, during, the term inspect the books, a~unts, records, fUes, docu of any licence, cancel it by order in writing- ments, safes, vaults and pledges in such premises (a) if the licensee carries on the business in and may take to his ()iffice for further investigation contraV1ention 'Of any of t'he provisions of this Act such books, accQUllts, reoords, files and documents or the rules made thereunder or of the conditioills as he considers necessary: of the· li'Cence, or Provided that if the Inspector removes from the (b) if any reason 'for which the licensing autho premises any books, a~unts, records, files and rity couldhaive refused to grant the Hcence to documents, he shall gi~e to the person in charge the money-lender under sub-s'ection (3) 'of sec of the place, a receipt describing the books, accounts, tion 4, is brcught to the notice of that authority records, files and documents so removed by him: after the grant of the licence, or Provided further that within twenty-four hours (c) if fue licensee is convicted for an Offence df the removal of the books, accounts, records, files under section 11 Or section 13, 'Or and documents from the premises, the Inspector (d) if the licensee maintains false accounts or Shall either return them to the person from wihose is found to molest or zbet the molestation of any cu&tody they were removed or produce them in the debtor for the recovery of any debt. Court of the Magistrate wh'O issued the warrant and such Magistrate may r€ltJurn the boolw, accounts, (2) Before -cancelling a licence 'llllder snb-section records files and documents or any of them to the (1), the ircensing -authority shall give the licensee person from whose custody they were removed by . a notice in wnting stating the grounds 'On which the Inspe'ctor, after taking from such person such it is proposed to take action and requiring him to se'curity as the Magistrate 'considers necessary for show ,cause against ,it within such time as may be the production of the books, accounts, records, files specified in the notice. and documents when required Whether by the Ins peetor or by the Court, or may pass such other (3) Any person aggrieved by an order of the orders as to their disposal as appear just and con liaensing authority cancelling! a li'eence, may, wi1!hin venient to the Magistrate. one month of the date of communication of such order to. him, appeal to the prescribed authority. (b) An Inspector shall have authority to require any person whClSe testim'Ony he may require regar 15. Publii:cation of order of cancellation. - Every ding any l'Oan or any money-lending business t'O order of cancellation of a licence under this Act attend be-fore him. 'Or to pr'Oduce or ~ause to ,be pro" shall be n'Otified in the Official Gazette rand also duced 'any dO'CUl!lentand: to examine such person on the notice board of the ofnce of the licensing on oaVh. auth'Ority. (4) An Inspector 'may apply for assistance to an officer-in-charge of a police stati'On and take police 16. No c ,) i I :1i :~I ------~, 316 SERIES I No. 30 which a person is convicted consdsts of an 'omis SUCCEssive sess'ions, and if before the expiry of the sian to do a thing, the Magistrate may, when con sessi-on in which they are SO laid, or the session victing the offender, direct him to do the thing immooiately follOwing, the Legislative Assembly before an appointed day and mayan the failure of makes any modifications in the I:'ule or decidoo that the offender to do the thing before the slliid day, the rule should not be made, the ruiJ.e shall there pass an order, whether the offender appears in court after have effect only in such modified fOrm or be or not on that day, cancelling his licence. of no effect, as the case may be, so, however, that any such modification or annulment shall be with- 19. Transfer of licence to heir. ~ (1) Where a "out prejudice 'to the validity of anything previou&ly Ucensee under this Act dies, any person claiming done uIiderthat rule'. to be his legal representative may apply to the licen sing authority for transferring in his name the licence 23. Repeal. - (1) (a) The Legislative Diploma standing in the name of the deceased. No. 1063 dated 17th August, 1939 is hel'eby repealed; (2) Every such application shall be in such form < (h) The Goo" Daman and Diu Usuary Laws and shall contain such particulars as may be pres (Amendment) Act, 1965 (12 of 19(5) is hereby cribed. repealed. (3) The licensing authority may, if he is satisfied (2) The Provisions of the General Cl3JUSeS Act, that the applicant is in fact the ieg1al representllitive 1897 (Central Act 10 of 1897) shall apply to the of the deceased and that he is otherwise eligible to repeal under sub-section (1) as if the enactmen1:l;O a licence under this Act, transfer the licence in the referred to' therein were Central Acts. name of the applicant after obtaining from the applicant a declaration in the prescribed form. Statemenf of Objects and Reasons (4) Any licence transferred under sub-section (3) So far in this Union territory there is no adequate shall be deemed to have been granted to the appli regulation to contral the money lending activity. It cant himself and shall be valid for the period for may not be incorrect to presume that, besides bank which it would have been valid if the licence had ing rugencies, there are many oth€!:' private money not been trans:fellTed, and the provisions of this Act lenders who exploit the loanees with high rate of shall apply accordingly. interest. However, thits remains undetected to a great extent. The instant Bill ilg aimed at regulating 20. Jurisdiction to try offences. - No Courtinfe the money lendfuJ.g activity by a Government Depart rior to that of a Magistrate of the first ClasSi shall ment with a view to make available the loans to the try any offence punishable under this Act. needy persons by private money lenders at a fair rate of interest so that the needy persons are not 21. C ------r' • ..-.~,-.. -~-~------'--~=-; 21ST OOTOBER, 1976 (ASVlNA 29, 1898) 317 ------.> LA/B/7/25/2742/76 carriages plying eXcliusively wifuiri a mimiCipill aiea. The following Bill which was introduced in the or passengers carried in stage .carriages or C The Goa, Daman and Diu Motor Vehicles IT axationon Financial Memorandum Passengers and Goods} (First Amendment) Bill, 1976 Although the implementation of the scheme will affect the current level of revenue of this Union (Bill. No. 25 of 1976) territory to some extent it w desirable that larger interests of the country are kept in view. The m.un A beT of tourist vehicles which may have to be given BILL this exemption, will be very small as compared to the total number .oil' vehicles visiting this Union to amend oertain provisions of the Goa, Daman and territory from other states, both on' regular and Diu Motor Vehicles (Taxation on Passeng(fT"s and temporary permits. Moreover, since the exemption Goods) Act, 1974. ••• i o~ reciprocal basis, vehicles of this :Union territory of Goa, Daman ll'lJjd Diu covered by the scheme will BE it enacted by the Legislative Assembly of be exempted from taxation in 'a:ll other States and Goa, Daman and Diu in the Twenty-seventh Year Union territories. ThiS! will help the tourist trans of the Republic of India as follows:- port industry of this Union territory to develop.. 1. Short title and oommenoement. - (1) This Act Panaji, , SHASHIKIM..A. KAiKODKAR may be ·called the Goa, Daman and Diu Motor Vehi cles (Taxation on Passengers and Goods) (First 9th October, 1976 Chief !MIittlfster Amendment) Act, 1976. Assembly Hall, (2) It shan come into force 'at once. . M. M. NAlK Panaji, Secretary Ito the LegJsl>allive 2. Insertion of new seetion 23. - After section 22 11th October, 1976. Assembly I()If Gda, Daman arnu Diu. of the Goa, Daman and Diu Motor Vehicles (Taxa tion on Passengers and Goods) Act, 1974 (10 of 1974) the following shall be inserted, namely:- ~/!3/7/26/2743/76 "23. Power to' exempt certain passengers The following Bill which was introduced in the from payment of tax. - The Government may, Legislative Assembly of Goa, Daman and Diu on by notification in the OJlficlal Gazette, exempt 13th October, 1976 is hereby published for general totally or partially from paym; 3. Insertion of new 8ection· - After section 23 of and is duly retired (which term shall include the Principal Act, the following section shall be in premature retirement) shall be entitled to re serted, namely:.- cover possession of any premises on the grounds that the premises are bonafide required by him "23A.Right to recover immediate possession of for occupation by himself or any member of his premise8 to accrue to certain per8ons. - (1) Where family (which term shall include a parent or a landlord who, being a person in occupation of any other relation originally residing with him and residenti.al premises allottEd to him by the Govern dependent on him), and the Court shall pass- a ment or any local authority is required. by, 0, in . decree for eviction on such ground if the land pursuance of any general or special order made by lord, at the heating of the suit, prdouces a cer the Government or such authority to vacate· such tificate signed by thEI Head of his services or his residential accommodation Or in default, to incur Commanding Officer to the effwt that- certain obligations, on the ground that he owns in . the place where such residential premises has been i) he is presently a member of the armed allotted to him either by the Government or by forces of the Union or he was such mem such local authority, a residential accommodation ber and is now retired ex-servicemen; either in his own name or in the name of his wife ii) he does not possess any other suitable or dEpendent child there shall accrue on and from residence in the local area where he or the date of such order to such landlord, notwith the members of his family can reside; standing anything contained elsewhere in this Act or in any other law for the time being in force or (b) Where a member of the armed forces of in any contract (whether express or implied), the Union dies while in service or ,such member custom or usage to the contrary, it right to recover is duly retired as stated above and dies within immediately possession of any premises let out by five years of his retirement, his widow, who is him: or becomes a landlord of any premises, shall be entitled to recover possession of such premises, Provided that nothing in this section shall be on the ground that the premises are bonafide construed as conferring a right on a landlord required by her for occupation by herself, her owning in the place where the residential accom husband's parent another relation ordinarily modation has been allotted to him by the Govern residing with her and the Court shall pass a ment or such local authority two or more dwelling decree for eviction on such ground, if such houses whether in his own name or in the name widow, at the hearing of the suit, produces a of his wife or dependent child, to recover the pos~ certificate signed by the Area or Sub-Area session of more than one dwelling house and it Commander within whose jurisdiction the pre shall be lawful for such landlord to indicate the mises are situated to the effect that- dwelling house, possession of which he intends to i) she is a widow of a deceased member recover. of the armed forces as aforesaid; (2) Nothwithstanding anything contained else ii) she does not possess any other suitable where in this Act or in any other law for the time residence in the local area where she or being in force or in any contract, custom or usage the members of her family can reside. to the contrary, where the landlord exercises the right of recovery conferred on him by sub-section Explanation. - For the' purposes of this section (1), no compensation shall be payable by him to any certificate granted thereunder shall be conclu the tenant or any person claiming through or under sive evidence of the facts stated therein." him and no claim for such compensation shall be entertained by any court, tribunal or other au • 4. Amendment of section 47. - In section 47 of the thority: Principal Act, after the word "may" and bEfore the words "pass such other order", the words "remand Provided that where the landlord had received,- the case for disposal with such directions as deemed (a) any rent in advance from the tenant, he fit or" shall be inserted. shall, within a period of ninety days from the date of recovery of the premises by him, refund Statement of Objects and Reasons to the tenant such amount as presents the rent payable for the unexpired portion of the con- The Goa, Daman and. Diu Buildings (Lease, Rent tract, agreement or lease; - and Eviction) Control Act, 1968 contains no provi (b) any other payment, he shall, within the sion empowering a Government Servant occupying period aforesaid, refund to the tenant a' sum Government flat or an Ex-Servicemen to recove~ which shall bear the same proportion to the i'mmediate possession of the residential premises total amount as received, as the unexpired por owned by him when he needs it for his own occu tion of the contract or agreement or lease bears pation. A Government servant as also an Ex-Service to the total period of contract or agreement or men should be given powers to move the appropriate lease: Court. to summarily evict his tenant when he gtnui nely requires a -residential premises leaSEd out by him. Provided further that, if any default is made Clause 3 of the Bill seeks to achieve this purpose. in making any refund as aforesaid the landlord shall be liable to pay simple interest at the rate During the implementation of the said Act, it has of six percent per annum. also been found that there is no express proviSion (3) Notwithstanding anything contained in this for remand of the cases by the Appellate or Revi Act --,- sional .Authority to the Lower Cq,urt.The powers of remand are generally enjoyed by the Appellate a) a landlord, who is a member of the armed Courts and therefore it has been found extremely forces of tlie, Union, or who was such member necessary that these Courts should have such powers 21ST OOTOBER, 1976 (ASVINA 29, 1898) 319 uuder this Act. Clause 4 of the Bill contemplates and he requires it for his own occupation or for the for inserting necessary provision is the principal occupation of any member of his family, or Act for enabling the Appellate Authority to remand (li') if the l~dlord who has more buildings t.han one the cases to the Lower Courts. in the city. town or Village concerned is in occupation of one \Such building and he bonafide requires another Clause 2 of the Bill seeks to cure a printing mis building instead,-for his own occupation; take in the clause 23 of the Goa" Daman ,and Diu (b) in case it :Is a non-residential building which is used Buildings (Lease, Rent and, Eviction) Controi"Act, fOr the- purpose of keeping a vehicle or adapted for such 1968. use, if the -landll)rd requi'I'eS it for his own use and jf he is not occupyb;lg any such building in the clt.y, town or village concerned whi'ch is hls own: or to the possession of Financial Memorandum which he is entitled whether under thi'S Act or otherwis'e: PrOVided that a person who becomes a landlord after the No Financial implications are involved in this Bill. commencement of the tenancy by an instrument 'inter' vivos' • shall not be entitled to apply under thLs-' clause before the Panaji, PRATAPSINGH RANE expirry of five yearS! from the date on which tth:e instrument 12th October, 1976 Minister for Revenue was registered: Prov.i.ded further that where a landlord has obtained pos session of.a building under this section, he shall not be entitled Assembly Hall, M. M. NAIK to apply again under this section- Panaji, (i) in case he has' obtained possession of a residenti~l Secretary to Legislative Assembly building p'ossession of another residential building of his 12th October, 1976 of Goa, Daman 'and Diu. own; (li) :in case he .has obtaim~d possession of a non'-resi~ (Annexure to Bill No. 26 1976) dential building for possession of another non-residenUal building of his own. The Goa, Daman and Diu Buildings Ilease, Rent and Evictionl 47. Powers Of appellate and revision-al authoritt8s. -' Any Control IAmendmenli Bill, 1976 appellate or revisional authority under this Act may confirm, modify or rescind ithe order in appeal or liev;i.g.ion or its execution or may pass such other order as is legal ·and is in accordance with the provIsions of this Act: The Goa, Daman and Diu Build,ings (lease, Rent and Eviction) Control Act, 1968 Provided that no order shaU be varied ,in ~-evisioll' unless an oppor,tunity has been .given to the interested parties to appear and be heard: {Act No.2 of 19691 PrOvided further that every order passed by the. Authorised . Officer, the 'Controller or the Rent Tribunal shall be final, unless varied in appeal or revision and eve:ty order 23. Landlord's right to obtain possession. - (1) A ilandlord passed in appeal 'Or revisIon shall be final. may subject to the provigions of section 24. apply to the Controller for an order dkec:ting the tenant to put him :in possession of the building- Assembly Hall, M. M. NAlIK (a) in case it is residential building - r Panaji;, Secretary to the Legislative Assembly of Goa, DanIan (i) if the landlord is not occupying a residential build 12th October, 1976. ing of his own in the city, town or village concerned and Diu " GOVT. PRINTING PRESS-GOA (Im,prensa Nacional - Goa) PRICE - R•. 1-45 Ps.