Reg. No. RNP/GOA/32/2021-2023 RNI No. GOAENG/2002/6410 Panaji, 17th February, 2021 (Magha 28, 1942) SERIES I No. 46 PUBLISHED BY AUTHORITY EXTRAORDINARY No. 2 GOVERNMENT OF GOA 1. Short title and commencement.— (1) This Act may be called the Goa Lokayukta Department of Law (Amendment) Act, 2021. Legal Affairs Division __ (2) It shall come into force at once. Notification 2. Amendment of section 2.— In section 2 of the Goa Lokayukta Act, 2011 (Goa Act 3 of 7/3/2021-LA 2012) [hereinafter referred to as the The Goa Lokayukta (Amendment) Act, (“principal Act”)]— 2021 (Goa Act 3 of 2021), which has been (i) in clause (b)— passed by the Legislative Assembly of Goa on 28-01-2021 and assented to by the (a) in item (i), the expression Governor of Goa on 15-02-2021, is hereby “nepotism or lack of integrity” shall be published for the general information of the omitted. public. (b) in item (ii), the words “or improper Dnyaneshwar Raut Dessai, Joint Secretary or corrupt motive” shall be omitted. (Law). (c) for item (iii), the following item shall Porvorim, 17th February, 2021. be substituted, namely:— ––––––––– “has abused or misused his position The Goa Lokayukta (Amendment) Act, to obtain any gain or favour to himself 2021 or to any other person or to his family (Goa Act 3 of 2021) [15-02-2021] members, namely, spouse, children, parents and siblings, mother-in-law, An father-in-law, brother-in-law, sister-in- Act law and their respective spouses”. further to amend the Goa Lokayukta Act, (ii) in clause (i), for the word “mal- 2011 (Goa Act 3 of 2012). administration” the words “a corrupt act” BE it enacted by the Legislative Assembly shall be substituted; of Goa in the Seventy-second Year of the Republic of India as follows:— (iii) clause (l) shall be omitted. 1969 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 (EXTRAORDINARY No. 2) 17TH FEBRUARY, 2021 3. Amendment of section 3.— In section 3 by a competent Court or Authority created of the principal Act, for sub-section (2), the under any statute.” following sub-section shall be substituted, 6. Amendment of section 13.— In section namely:— 13 of the principal Act, in sub-section (1), the “(2) A person to be appointed as the following proviso shall be inserted, namely:— Lokayukta shall be a person who has held “Provided that if prior sanction of any the office of a Judge of the Supreme Court, authority is required under any law for the or of a Judge of the High Court. A person time being in force for such investigation to be appointed as the Upa-Lokayukta shall then, such prior sanction shall be obtained be a person of eminence in public life with from such authority before initiation of such impeccable integrity and outstanding investigation.” ability having special knowledge and expertise of not less than twenty years in 7. Amendment of section 16.— In section the matters relating to anti-corruption 16 of the principal Act,— policy or public administration, finance, (i) in sub-section (1), clause (b) shall be including insurance and banking or law or omitted; management”. (ii) for sub section (2), the following sub- 4. Amendment of section 9.— In section 9 section shall be substituted, namely:— of the principal Act for sub-section (2) the following sub-section shall be substituted, “(2) The competent authority shall namely:— examine the report forwarded to it under sub-section (1), and within three months “(2) Notwithstanding anything contained of the date of receipt of the report, in sub-section (1) or any other provisions intimate or cause to be intimated to the of this Act, where any allegation of Lokayukta or Upa Lokayukta, as the case corruption against any public functionary may be, the action taken or proposed to comes to the knowledge or is brought to be taken or the reasons for refusal to the notice of the Government, it may, if take action, on the basis of the report.” satisfied that it is necessary in public (iii) for sub-section (3), the following sub- interest so to do, by order in writing refer section shall be substituted, namely:— such allegations of corruption to the Lokayukta for investigation and the “(3) If the Lokayukta or the Upa- Lokayukta, either himself or through the Lokayukta, as the case may be, is Upa-Lokayukta shall investigate the same satisfied with the action taken or as if it was a complaint presented under proposed to be taken or the reasons for this Act”. refusal to take action intimated to him under sub-section (2) by the Competent 5. Insertion of new section 10A.— After Authority, he shall close the case under section 10 of the principal Act, the following information to the complainant, if any, section shall be inserted, namely:— the public functionary and the competent authority, but where he is not “10A. Statutory matters, etc.— Nothing satisfied and if he considers that the case in this Act shall permit the Lokayukta or so deserves, he may make a special Upa-Lokayukta to examine the correctness report upon the case to the Governor of any Judgement or order passed by any and also inform the competent authority Court of Law, Tribunal, Statutory Authority concerned and the complainant, if any.” or Officer, under a Statute, or to decide any issue, question or dispute which is required 8. Amendment of section 16A.— In section to be settled, decided or adjudicated upon 16A of the principal Act- 1970 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 (EXTRAORDINARY No. 2) 17TH FEBRUARY, 2021 (i) sub-section (3) and sub-section (4) to by the Governor of Goa on 15-02-2021, is shall be omitted; hereby published for the general information of the public. (ii) in sub-section (5) the words “or deemed acceptance” shall be omitted. Dnyaneshwar Raut Dessai, Joint Secretary (Law). 9. Substitution of section 17.— For section 17 of the principal Act, the following section Porvorim, 17th February, 2021. shall be substituted, namely:— ________ 17. Initiation of prosecution.— If, after The Goa Staff Selection Commission investigation into any complaint, the (Amendment) Act, 2021 Lokayukta or Upa-Lokayukta, as the case may be, is satisfied that the public (Goa Act 4 of 2021) [15-02-2021] functionary has committed a criminal An offence and that he should be prosecuted in a court of law for such an offence, then Act the Lokayukta or Upa-Lokayukta, as the further to amend the Goa Staff Selection case may be, may pass an order directing Commission Act, 2019 (Goa Act 11 of 2019). the initiation of prosecution against the public functionary concerned: BE it enacted by the Legislative Assembly of Goa in the Seventy-second Year of the Provided that before implementation of the direction for prosecution, prior sanction Republic of India as follows:— from the Competent Authority shall be 1. Short title and commencement.— (1) This obtained for such prosecution against the Act may be called the Goa Staff Selection public functionary: Commission (Amendment) Act, 2021. Provided further that nothing in this (2) It shall come into force at once. section shall be construed as enabling the Lokayukta or Upa-Lokayukta to exercise 2. Amendment of section 7.— In section 7 powers under sub-section (3) of section 156 of the Goa Staff Selection Commission Act, of the Code of Criminal Procedure, 1973 2019 (Goa Act 11 of 2019) after sub-section (Central Act 2 of 1974). (7), the following sub-section shall be inserted, namely:— 10. Omission of section 27.— Section 27 of the principal Act shall be omitted. “(8) Notwithstanding anything contained in this section, the Government Departments may, after obtaining prior Secretariat, CHOKHA RAM GARG approval from the Department of Personnel Porvorim, Goa. Secretary to the of the Government, conduct examinations Dated: 17-02-2021 Government of Goa, for selecting candidates for appointment to Law Department sub-ordinate services/posts for a period of (Legal Affairs). one year from the date of commencement _________ of the Goa Staff Selection Commission (Amendment) Act, 2021.”. Notification 7/4/2021-LA Secretariat, CHOKHA RAM GARG The Goa Staff Selection Commission Porvorim, Goa. Secretary to the (Amendment) Act, 2021 (Goa Act 4 of 2021), Dated: 17-02-2021 Government of Goa, which has been passed by the Legislative Law Department Assembly of Goa on 28-01-2021 and assented (Legal Affairs). 1971 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 (EXTRAORDINARY No. 2) 17TH FEBRUARY, 2021 Notification 3. Amendment of section 32.— In section 6A 7/6/2021-LA 32 of the principal Act, in sub-section ( ), for the word “amend”, the expression “add The Goa Land Revenue Code (Amendment) to, or omit from, or otherwise amend” shall Act, 2021 (Goa Act 5 of 2021), which has be substituted. been passed by the Legislative Assembly of 4. Amendment of section 173.— In section Goa on 29-01-2021 and assented to by the 173 of the principal Act, for sub-section (1), Governor of Goa on 15-02-2021, is hereby the following sub-section shall be substituted, published for the general information of the namely:— public. “(1) Subject to the provisions of this Code Dnyaneshwar Raut Dessai, Joint Secretary and the rules made thereunder every notice (Law). under this Code may be served either by Porvorim, 17th February, 2021. tendering or delivering a copy thereof, or _________ sending such copy by post or electronically or in any other manner as prescribed, to The Goa Land Revenue Code the person on whom it is to be served, or (Amendment) Act, 2021 his authorized agent or, if service in the manner aforesaid cannot be made, by (Goa Act 5 of 2021) [15-02-2021] affixing or displaying a copy thereof at his An last known place of residence or at some place of public resort in the village in Act which the land to which the notice relates further to amend the Goa Land Revenue Code, is situated, or on such website as may be 1968 (Act No.