Panaji, 2nd April, 2015 (Chaitra 12, 1937) SERIES I No. 1goaprintingpress.gov.in/downloads/1516/1516-1-SI-OG-0.pdf · Panaji, 2nd April, 2015 (Chaitra 12, 1937) ... Legislative in

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Panaji, 2nd April, 2015 (Chaitra 12, 1937) SERIES I No. 1

Reg. No. G-2/RNP/GOA/32/2015-2017 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcome on e-mail: dir–[email protected]

INDEX

Department Notification/Order/Bill Subject Pages

1.a.Goa Legislature Secretariat Bill- LA/LEGN/2015/2851 The Right to Fair Compensation and Transparency 2Secretary to the Legislative in Land Acquisition, Rehabilitation and ResettlementAssembly of Goa (Goa Amendment) Bill, 2015.

b. —do— Bill- LA/LEGN/2015/2852 The Goa Panchayat Raj (Amendment) Bill, 2015. 4

c. —do— Bill- LA/LEGN/2015/2853 The Goa State Commission for Backward Classes 6(Amendment) Bill, 2015.

d. —do— Bill- LA/LEGN/2015/2862 The Indian Stamp (Goa Amendment) Bill, 2015. 7

2. Information & Publicity Not.- DI/INF/GSJA/2015 The Goa State Journalist Awards Scheme, 2015. 10 Director

3. Labour Ord.-24/11/2011-Lab- Creation of post. 11Under Secretary -ESI/382

4. Law & Judiciary Not.- 10/2/2015-LA The Mines and Minerals (Development and Regu- 12Under Secretary lation) Amendment Ordinance, 2015.

5. Revenue Ord.- 35-2-2013-RD Reduction of Stamp duty chargeable on conveyance 22Under Secretary relating to immovable property.

6. Transport Not.- D.Tpt/STA/1508/ The Goa Motor Vehicles (Amendment) Rules, 2015. 23Dir. & ex officio Addl. Secy. /2015/1060

7. Water Resources Not.- 9/3/CE-WRD/EO/ Goa Ground Water Policy. 25Chief Engineer & ex offi. /14-15/04Additional Secretary

NOTE

There are five Extraordinary issues to the Official Gazette, Series I No. 52 dated 26-3-2015, as follows:—

(1) Extraordinary dated 27-3-2015 from pages 1707 to 1711 regarding (a) The Goa Appropriation Bill, 2015 —Bill No. LA/LEGN/2015/2850 from Goa Legislature Secretariat and (b) The Goa Appropriation Act, 2015 —Not. No. 7/1/2015-LA from Department of Law & Judiciary (Legal Affairs Division).

(2) Extraordinary (No. 2) dated 30-3-2015 from pages 1713 to 1720 regarding (a) Amendment to the Goa ValueAdded Tax Act, 2015 — Not. No. 4/5/2005-Fin(R&C)(117) from Department of Finance (R&C); (b) The Goa Appropriation(Vote of Account) Bill, 2015 — Bill No. LA/LEGN/2015/2859 from Goa Legislature Secretariat and (c) The GoaAppropriation (Vote of Account) Act, 2015 — Not. No. 7/2/2015-LA from Department of Law & Judiciary (Legal AffairsDivision).

(3) Extraordinary (No. 3) dated 31-3-2015 from pages 1721 to 1734 regarding (a) Amendment to the rates of Exciseduty and Licence/Permit Fees — Not. No. 1/5/2012-Fin (R&C)/(/Part file/114; (b) Amendment to the Goa Tax on LuxuriesAct, 1988 — Not. No. 30/1/2006 Fin (R&C)(27) and (c) Amendment to the Goa Value Added Tax Act, 2005 — Not. No. 4//5/2005-Fin(R&C)(119) from Department of Finance (Revenue & Control Division).

(4) Extraordinary (No. 4) dated 31-3-2015 from pages 1734 to 1735 regarding Amendment to The Goa Excise Duty(Amendment) Rules, 2015 — Not. No. 4/5/2005-Fin(R&C)(117) from Department of Finance (R&C).

(5) Extraordinary (No. 5) dated 1-4-2015 from pages 1735 to 1736 regarding to Amends the Table of fees of RegistrationAct, 1908 — Not. No. 8-14-2015-LD(Estt)/713 from Department of Law & Judiciary (Law Establishment Division).

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 1 2ND APRIL, 2015

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Goa Legislature Secretariat____

LA/LEGN/2015/2851

The following bill which was introduced inthe Legislative Assembly of the State of Goaon 24th March, 2015 is hereby published forgeneral information in pursuance of Rule–138of the Rules of Procedure and Conduct ofBusiness of the Goa Legislative Assembly.

_________

The Right to Fair Compensation andTransparency in Land Acquisition,Rehabilitation and Resettlement

(Goa Amendment) Bill, 2015(Bill No. 4 of 2015)

A

BILL

further to amend the Right to Fair Compensationand Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013(Central Act 30 of 2013), as in force in theState of Goa.

Be it enacted by the Legislative Assemblyof Goa in the Sixty-sixth Year of the Republicof India, as follows:—

1. Short title and commencement.— (1) ThisAct may be called the Right to FairCompensation and Transparency in LandAcquisition, Rehabilitation and Resettlement(Goa Amendment) Act, 2015.

(2) It shall be deemed to have come intoforce with effect from the 1st day of January,2014.

2. Amendment of section 24.— In section24 of the Right to Fair Compensation andTransparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013(Central Act 30 of 2013), as in force in theState of Goa (hereinafter referred to as the“principal Act”),—

(i) in sub-section (2), after the existingprovisos, the following proviso shall beinserted, namely:—

“Provided further that, where an awardhas been made and the compensation hasbeen deposited in the Government Treasuryor with any Financial Institution includingin EDC Limited on account of any landacquisition proceedings, then the same, forthe purposes of this section, shall beconstrued as discharge of the obligations ofthe Collector.”;

(ii) after sub-section (2), the followingsub-sections shall be inserted, namely:—

“(3) Notwithstanding anything containedin any judgment, decree or order of anyCourt, Tribunal or any other authority, tothe contrary, the action of the Collector ofdepositing the compensation in theGovernment Treasury or with any FinancialInstitution including in EDC Limited, onaccount of any land acquisition proceedinginitiated under the Land Acquisition Act,1894 (1 of 1894), shall be deemed to havebeen validly done or taken and have alwaysbeen done or taken in accordance withthe provisions of sub-section (2) of thissection and section 31 of the LandAcquisition Act, 1894 (1 of 1894), as if theprovision of sub-section (2) of this sectionas amended by the Right to FairCompensation and Transparency inLand Acquisition, Rehabilitation andResettlement (Goa Amendment) Act, 2015,had been in force at all material times andthat such proceeding shall be deemed tohave not lapsed.

(4) No suit or other proceeding shall lieor be maintained or continued in any Court

or before any Tribunal or other authority forchallenging or for questioning the validity

of action of the Collector of depositing thecompensation pertaining to the land

acquisition proceedings in the GovernmentTreasury or with any Financial Institution

including in EDC Limited and no Court,Tribunal or any other authority shall enforce

or recognize any decree, judgment or orderdeclaring such action taken or things done

as invalid or unlawful.”.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1 2ND APRIL, 2015

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3. Repeal and savings.— (1) The Right toFair Compensation and Transparency inLand Acquisition, Rehabilitation andResettlement (Goa Amendment) Ordinance,2014 (Ordinance No. 1 of 2014) and the Rightto Fair Compensation and Transparency inLand Acquisition, Rehabilitation andResettlement (Goa Amendment) SecondOrdinance, 2014 (Ordinance No. 2 of 2014) arehereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinances,shall be deemed to have been done or takenunder the principal Act, as amended by thisAct.

Statement of Objects and Reasons

In this State, the amount of compensationthat is awarded in any land acquisitionproceeding but not claimed or received byany person is kept in the GovernmentTreasury or with any Financial Institutionincluding in EDC Limited, and in cases ofdisputes, the compensation is deposited inthe District Court under section 31 of theLand Acquisition Act, 1894 (1 of 1894).The Right to Fair Compensation andTransparency in Land Acquisition,Rehabilitation and Resettlement (GoaAmendment) Ordinance, 2014 (OrdinanceNo. 1 of 2014) and the Right to FairCompensation and Transparency in LandAcquisition, Rehabilitation and Resettlement(Goa Amendment) Second Ordinance, 2014(Ordinance No. 2 of 2014) were promulgatedby the Governor of Goa on 24-11-2014 and06-12-2014 respectively, so as to amendsection 24 of the Right to Fair Compensationand Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2014(Central Act 30 of 2013) for the purpose ofsafeguarding the action of the Collector ofdepositing the compensation in theGovernment Treasury or with FinancialInstitution including in EDC Limited, inrespect of any land acquisition proceedingsinitiated under the Land Acquisition Act, 1894(1 of 1894) and to provide that such proceedingshall be deemed to have not lapsed. This Billseeks to replace the said Ordinances.

Financial Memorandum

No financial implications are involved inthis Bill.

Memorandum Regarding Delegated Legislation

No delegated legislation is involved in thisBill.

Dated: 20-3-2015. SHRI FRANCIS D’SOUZA

Porvorim-Goa. Minister for Revenue

Dated: 20-3-2015. SHRI NILKANT SUBHEDAR

Assembly Hall, Secretary to the

Porvorim-Goa. Legislative Assembly of Goa.________

ANNEXURE

.....................................................................................Extract of Section 24 of the Right to FairCompensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement(Goa Amendment) Bill, 2015 sought to be amended

.....................................................................................

24. (1) Notwithstanding anything contained inthis Act in any case of land acquisition proceedingsinitiated under the Land Acquisition Act, 1894,–

(a) where no award under section 11 of thesaid Land Acquisition Act has been made, then,all provisions of this Act relating to thedetermination of compensation shall apply; or

(b) where an award under said section 11has been made, then such proceedings shallcontinue under the provisions of the said LandAcquisition Act, as if the said Act has not beenrepealed.

(2) Notwithstanding anything contained insub-section (1), in case of land acquisitionproceedings initiated under the Land AcquisitionAct, 1894, where an award under the said section11 has been made five years or more prior to thecommencement of this Act but the physicalpossession of the land has not been taken or thecompensation has not been paid the saidproceedings shall be deemed to have lapsed andthe appropriate Government, if it so chooses, shallinitiate the proceedings of such land acquisitionafresh in accordance with the provisions of thisAct:


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Provided that where an award has been madeand compensation in respect of a majority of landholdings has not been deposited in the account ofthe beneficiaries, then, all beneficiaries specifiedin the notification for acquisition under section 4of the said Land Acquisition Act, shall be entitledto compensation in accordance with the provisionsof this Act.

Porvorim-Goa. SHRI NILKANT SUBHEDAR Secretary to the

24th March, 2015. Legislative Assembly of Goa.

_________

LA/LEGN/2015/2852


_________

The Goa Panchayat Raj (Amendment)Bill, 2015

(Bill No. 6 of 2015)

A

BILL

further to amend the Goa Panchayat Raj Act,1994 (Goa Act 14 of 1994).


1. Short title and commencement.— (1) ThisAct may be called the Goa Panchayat Raj(Amendment) Act, 2015.

(2) It shall be deemed to have come intoforce on the 4th day of February, 2015.

2. Amendment of section 2.— In section 2 ofthe Goa Panchayat Raj Act, 1994 (Goa Act 14of 1994) (hereinafter referred to as the

“principal Act”), after clause (16), the followingclause shall be inserted, namely:—

“(16A) “political party” means a politicalparty as defined under clause (f) ofsub-section (1) of section 2 of theRepresentation of the People Act, 1951(Central Act 43 of 1951);”.

3. Amendment of section 117.— In section117 of the principal Act,—

(i) in sub-section (2), for the word “thirty”,the word “twenty-five” shall be substituted;

(ii) in sub-section (3), for the word“twenty”, the word “twenty-five” shall besubstituted.

4. Amendment of section 119.— In section119 of the principal Act, in clause (a), for theexpression “30 and 20”, the expression “25and 25” shall be substituted.

5. Insertion of new section 133A.— Aftersection 133 of the principal Act, the followingsection shall be inserted, namely:—

“133A. Election of the members for ZillaPanchayats.— The election of the membersfor Zilla Panchayats from constituencies ofa Zilla Panchayat shall be for the candidatessponsored by political party as definedunder clause (16A) of section 2 of the Act.However, independent candidates shall alsobe eligible to contest as independents”.

6. Repeal and Saving.— (1) The GoaPanchayat Raj (Amendment) Ordinance, 2015(Ordinance No. 2 of 2015) is hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe principal Act, as amended by this Act.


The Bill seeks to amend section 2 of theGoa Panchayat Raj Act, 1994 (Goa Act 14 of1994) (hereinafter referred to as the “said



5

Act”) so as to define the term “politicalparty”.

The Bill further seeks to amend section 117of the said Act so as to provide that theelected members of the North Goa ZillaPanchayat and that of South Goa ZillaPanchayat shall be twenty-five each.

The Bill further seeks to amend section 119of the said Act so as to divide the area withinthe jurisdiction of North Goa Zilla Panchayatand South Goa Zilla Panchayat into equalnumber of single member territorialconstituencies.

The Bill further seeks to insert new section133A after section 133 of the said Act so asto enable the political party as defined underclause (16A) of section 2 of the said Act, tosponsor its candidates for election of themembers of the Zilla Panchayats and to allowindependent candidates to contest asindependents.

This Bill also seeks to replace the GoaPanchayat Raj (Amendment) Ordinance, 2015(Ordinance No. 2 of 2015), promulgated bythe Governor of Goa on the 4th day ofFebruary, 2015.

The Bill seeks to achieve the above objects.


No financial implications are involved inthis Bill.


No delegated legislation is envisaged inthis Bill.

Porvorim, Goa. DAYANAND R. MANDREKAR

20th March, 2015. Minister for Panchayats

Assembly Hall, N. B. SUBHEDAR

Porvorim, Goa. Secretary to the Legislative

26th March, 2015. Assembly of Goa.

ANNEXURE

.............................................................................Extract of Sections 2(16), 117, 119 and 133 of

the Goa Panchayat Raj Act, 1994 (Goa Act14 of 1994).

..............................................................................................

Section 2(16)

2(16) “factory” means besides a factory asdefined in the factories Act, 1948 (Central Act 13of 1948), any premises including the precinctsthereof wherein any industrial manufacturing ortrade process is carried on with the aid of steam,water, oil, gas, electrical or any other form of powerwhich is mechanically transmitted and is notgenerated by human or animal agency.

Section 117

117. Constitution of Zilla Panchayats.— (1)There shall be two Zilla Panchayats for the Stateof Goa namely, North Goa Zilla Panchayat andSouth Goa Zilla Panchayat.

(2) The North Goa Zilla Panchayat shall consistof thirty elected members.

(3) The South Goa Zilla Panchayat shall consistof twenty elected members.

(4) In addition to the elected members, everyZilla Panchayat shall have the following ex officiomembers:—

(i) members of Parliament who are registeredas the electors within the district;

(ii) such number of members of theState Legislative Assembly as may beprescribed:

Provided that no such members shall be aMinister or the Speaker or the Deputy Speaker ofthe Legislative Assembly or the leader ofOpposition:

Provided further that the total number of such

members shall not exceed the number of talukas

in the Zilla Panchayat, and such members shall

be elected from amongst themselves;

(iii) Chairperson of Panchayat in each talukaof the district elected from amongst themselvesin the ratio of one such Chairperson for a taluka


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having upto 15 Panchayats and two suchChairpersons for a taluka having more than 15Panchayats who shall be a member of ZillaPanchayat so long as he continues to be theChairperson of the Panchayat.

(5) The term of the members of the Zilla

Panchayat other than the elected members shall

be co-terminus with the term of member of

Parliament or members of the State Legislative

Assembly or Chairperson of Panchayat, as the case

may be.

Section 119

119. Delimitation of territorial constituencies.—The Government shall, by notification,—

(a) divide the area within the jurisdiction ofNorth Goa Zilla Panchayat and South Goa ZillaPanchayat into 30 and 20 single memberterritorial constituencies respectively, forthe purpose of election, to such ZillaPanchayat.

(b) determine the territorial constituenciesor constituencies in which seats are reservedfor the Scheduled Castes, Scheduled Tribes,Backward Classes and Women.

Section 133

133. Election of Adhyaksha and Upadhyaksha

and term of office.— (1) The elected members of

the Zilla Panchayat referred to in clause (i) of

section 117 shall as soon as may be, choose two

members from amongst them to be respectively

Adhyaksha and Upadhyaksha thereof and so often

as there is a casual vacancy in the office of the

Adhyaksha or Upadhyaksha, they shall choose

another member from amongst them to be

Adhyaksha or upadhyaksha within a period of sixty

days of occurrence of such vacancy as the case

may be.

(2) Save as otherwise provided in this Act, theAdhyaksha or Upadhyaksha shall hold office forthe term of office of the members of the ZillaPanchayat.

(3) The election of the Adhyaksha or the

Upadhyaksha of a Zilla Panchayat and filling up of

vacancies in the said offices and the determination

of disputes relating to such election shall be

in accordance with such rules as may be

prescribed.

(4) There shall be reserved by the Governmentone office of Adhyaksha and one office ofUpadhyaksha of the Zilla Panchayat to be filled bywomen:

Provided that the office reserved under thissub-section shall be allotted by rotation todifferent Zilla Panchayat.

Assembly Hall, SHRI NILKANT B. SUBHEDAR

Porvorim-Goa. Secretary to the


—————

LA/LEGN/2015/2853


_________

The Goa State Commission for BackwardClasses (Amendment) Bill, 2015


A

Bill

further to amend the Goa State Commission forBackward Classes Act, 1993 (Goa Act 13 of1993).


1. Short title and commencement:— (1) ThisAct may be called the Goa State Commissionfor Backward Classes (Amendment) Act, 2015.

(2) It shall come into force on such date asthe Government may, by notification in theOfficial Gazette, appoint.



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2. Amendment of section 3.— In section 3 ofthe Goa State Commission for BackwardClasses Act, 1993 (Goa Act No. 13 of 1993),in sub-section (2), in clause (c), for the words“two persons”, the words “three persons”shall be substituted.


The Bill seeks to amend section 3 of theGoa State Commission for Backward ClassesAct, 1993 (Goa Act 13 of 1993) so as to enablethe Government to nominates three persons,having special knowledge in matters relatingto backward classes on the State Commissionfor Backward Classes by way of addition ofone member.

Financial MemorandumThe approximate financial implication, due

to addition of one member of the Commissionstands to Rs. 2100/- p.m. towards the sittingallowances and telephone bill of the member.


Clause 1 (2) of the Bill empowers theGovernment to issue Notification forappointing a date to bring into force the Act.

This delegation is of normal character.

Panaji-Goa. SHRI MAHADEV NAIK

25th February, 2015. Hon. Minister for

Social Welfare.

Assembly Hall, SHRI N. B. SUBHEDAR

Porvorim-Goa. Secretary to the Legislative

25th February, 2015. Assembly of Goa.

Governor’s Recommendation

In pursuance of Article 207 of theConstitution of India, I, Smt. Mridula Sinha,the Governor of Goa, hereby recommend tothe Legislative Assembly of Goa, theintroduction and the consideration of the GoaContingency Fund (Fourth Amendment) Bill,2015.

Raj Bhavan SMT. MRIDULA SINHA

Date: 11-03-2015. Governor of Goa.

ANNEXURE

...............................................................................(Extract of section 3 of the Goa State Commission

of Backward Classes Act)

......................................................................................

CHAPTER II

Commission for Backward Classes

3. Constitution of the State Commission forBackward Classes.— (1) The State Governmentshall constitute a body to be known as the StateCommission for Backward Classes to exercisethe powers conferred on, and to perform thefunctions assigned to it under this Act.

(2) The Commission shall consist of thefollowing Members nominated by the StateGovernment:—

(a) a Chairperson, who is or has been a judgeof a High Court or District Judge or *9 (a personwho is qualified to be appointed as a Judge ofa High Court or as a District Judge);

(b) a social scientist;

(c) two persons, who have special knowledgein matters relating to backward classes; and

(d) a Member-Secretary, who is or has beenan Officer of the State Government in the rank

of a Secretary or above, to the Government.

Assembly Hall, SHRI N. B. SUBHEDAR

Porvorim-Goa. Secretary to the Legislative

25th February, 2015. Assembly of Goa.

_________

LA/LEGN/2015/2862

The following bill which was introduced in

the Legislative Assembly of the State of Goa

on 25th March, 2015 is hereby published

for general information in pursuance of

Rule–138 of the Rules of Procedure and

Conduct of Business of the Goa Legislative

Assembly.


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The Indian Stamp (Goa Amendment)Bill, 2015


A

BILL

further to amend the Indian Stamp Act, 1899(2 of 1899), as in force in the State of Goa.


1. Short title and commencement.— (1) ThisAct may be called the Indian Stamp (GoaAmendment) Act, 2015.

(2) It shall be deemed to have come into forceon the 18th day of December, 2014.

2. Amendment of section 3A.— In section 3Aof the Indian Stamp Act, 1899 (2 of 1899),as in force in the State of Goa (hereinafterreferred to as the “principal Act”),—

(i) in the heading, for the expression “grantor renewal”, the expression “grant, renewalor transfer” shall be substituted;

(ii) in sub-section (1),—

(a) for the expression “instrument of grantor renewal of a mining lease”, the expression“instrument of grant, renewal or transfer ofa mining lease” shall be substituted;

(b) in the first proviso, for the words“ten times”, the words “fifteen times”shall be substituted;

(c) in the second proviso, for the figuresand word “0.1 times”, the words “one andhalf times” shall be substituted;

(d) in the third proviso, for the words“hundred times”, the words “one hundredand fifty times” shall be substituted;

(iii) in sub-section (4), for the expression“grant or renewal”, the expression “grant,renewal or transfer” shall be substituted.

3. Repeal and Saving.— (1) The Indian Stamp(Goa Amendment) Ordinance, 2014 (OrdinanceNo. 3 of 2014) is hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe principal Act, as amended by this Act.


The Bill seeks to amend section 3A of theIndian Stamp Act, 1899 (2 of 1899), as in forcein the State of Goa, so as to provide thatinstruments of transfer of mining lease shallalso be chargeable with stamp duty at therate as specified in said section. Further, thestamp duty specified in said section forinstrument of grant or renewal of mininglease is proposed to be enhanced so as toearn additional revenue to the Government.

This Bill also seeks to replace the IndianStamp (Goa Amendment) Ordinance, 2014(Ordinance No. 3 of 2014), promulgated bythe Governor of Goa on the 18th day ofDecember, 2014.

This Bill seeks to achieve the above objects.


There are financial implications involved inthe Bill to the extent that additional Revenuewill be collected by the department due topresent Amendment as contained in the Bill.


No delegated legislation is envisaged in thisBill.

Porvorim-Goa. ADV. FRANCIS D’SOUZA

24th March, 2015. Minister for Revenue

Assembly Hall, SHRI NILKANT SUBHEDAR

Porvorim-Goa. Secretary to the


MRIDULA SINHA RAJ BHAVAN

Governor of Goa. Goa 403 004.



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No. 35/13/2014-RD 24th March, 2015.

In pursuance of Article 207 of theConstitution of India, I, Mridula Sinha,Governor of Goa, hereby recommend theintroduction and consideration of the IndianStamp (Goa Amendment) Bill, 2015, by theLegislative Assembly of Goa.

MRIDULA SINHA Governor

ANNEXURE..............................................................................................................

Extracts of The Indian Stamp Act, 1899, as in force in

the State of Goa with regards to section 3A..............................................................................................................

“3A. Instrument of grant or renewal of a mininglease chargeable with duty.— (1) Notwithstandinganything contained in any other provisions of thisAct and rules made there under, on everyinstrument of grant or renewal of a mining lease,the stamp duty chargeable shall be equivalent tothe fifteen percent of the amount of royalty thatwould accrue out of the annual extraction ofminerals permitted under the EnvironmentalClearance issued for such mining lease under therelevant law in force, multiplied by the period ofthe lease.

Explanation:— For the purposes of sub-section(1), the average royalty of the highest grade ofminerals from the year of commencement of theIndian Stamp (Goa Amendment) Act, 2012 shallbe taken into consideration:

Provided that the duty payable undersub-section (1) shall not exceed the amount inRupees arrived at by applying a rate of ten timesannual extraction of mineral permitted under theEnvironmental Clearance issued for such mininglease under the relevant law in force, multipliedby the period of the lease:

Provided further that in case of a mining leasefor bauxite, the duty payable under sub-section (1)shall not exceed the amount in rupees arrivedat by applying a rate of 0.1 times annual extractionof mineral permitted under the Environmentalclearance issued for such mining lease underthe relevant law in force, multiplied by the periodof the lease:

Provided further that in case of a mining leasefor manganese, the duty payable under sub-section

(1) shall not exceed the amount in rupees arrivedat by applying a rate of hundred times annualextraction of mineral permitted under theEnvironmental clearance issued for such mininglease under the relevant law in force, multiplied bythe period of the lease:

Provided further that in case of a mining leasefor more than one mineral and havingEnvironmental clearance thereof the duty payableshall be computed by taking into account totalstamp duty payable on each of such minerals:

Provided further that in case any mining lease isrequired to surrender the Lease or permanentlyabstain from undertaking any mineral excavationby or for reasons of any operation of Law, courtorders passed or any notification issued generallyunder any Law for the time being in force andreasons or cause of such prohibition or restrictionis not in any manner attributable to such lesseeor mining operation undertaken and carried out bythe lessee or his agents, servants, employees orpersons claiming through or under such lessee, tothe extent of such balance period of leaseoutstanding and unexpired the lessee shall begranted refund of duty paid under sub-section (1)hereinabove.

(2) The duty chargeable under this sectionshall be paid in any Government treasury orGovernment sub-treasury in such manner asmay be prescribed.

(3) Where an application for renewal of a mininglease has been already made to the StateGovernment prior to the expiry of the lease butrenewal of the lease has not been granted by theState Government or the mining lease whose periodis deemed to have been extended as per provisionscontained in the relevant law in force by a furtherperiod till the State Government passes an orderthereon, the stamp duty payable under sub-section(1) shall be paid by the applicant within a period ofsixty days from the date of commencement of theIndian Stamp (Goa Amendment) Act, 2012 orwithin sixty days of issue of notice for executingthe lease whichever is later, in the manner statedin sub-section (2) above.

(4) If the application for grant or renewal ofmining lease is rejected by the State Governmentthen the applicant shall be entitled for refund of fullstamp duty paid by him without interest. In case ofa mining lease whose period is deemed to havebeen extended by a further period till the State


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Government passes an order thereon and the StateGovernment at a later date passes an order rejectingthe renewal of the lease, the applicant shall beentitled for refund of such amount of stamp duty asarrived at by deducting from the total amount ofstamp duty paid, the stamp duty chargeable inrespect of such mining lease till the date of suchrejection order:

Provided that no such refund shall be made ifthe order rejecting the application is challenged orthe time limit for presenting an application forrevision of the order of rejection is not expired”.

——— ———

Department of Information and Publicity___

Notification

DI/INF/GSJA/2015

The Government of Goa, hereby makes thefollowing scheme namely “The Goa State

Journalist Awards Scheme–2015”.

1. Short title, extent and commencement.—(a) The scheme shall be called “The Goa StateJournalist Awards Scheme–2015”.

(b) It shall extend to whole State.

(c) It shall come into force from the date oftheir publication in the Official Gazette.

2. Definition.— In this scheme, unless thecontext otherwise requires:—

(a) “Government” means the Governmentof Goa;

(b) “State” means the State of Goa;

(c ) “Department” means the Departmentof Information & Publicity.

3. Introduction.— (a) The Government of Goashall give awards named “The Goa StateJournalist Awards Scheme” every year tojournalists of the State who publishedcommendable news items, articles or reportsduring the previous calendar year. The GoaState Journalist Awards Scheme is devised to

encourage local journalists to exhibit theirtalents.

(b) The awards will be applicable to alljournalists of the registered daily and weeklynewspapers published in English, Konkani orMarathi and private sector electronic media inthe State recognized by the Department ofInformation and Publicity, Government of Goa.

4. Objectives of the scheme.— The mainobjective of this scheme is to encouragejournalists to bring out good stories thusexhibiting their talents, gain confidence whichalso helps in creating a mass awareness in thesociety.

5. Scope of the scheme.— Awards beconferred for news items and articlespublished during the previous calendar yearunder each of the following categories:—

(i) Best Editor Award on NationalIntegration and Communal Harmony.

(ii) Rural Reporting.

(iii) Reporting on Public Health andHygiene.

(iv) Reporting with special reference toWomen and Children/Social issues.

(v) Sports Reporting.

(vi) Reporting on Art and Culture.

(vii) Photo Journalism (Best photograph ofthe year).

6. Eligibility .— (a) DIP will invitenominations from all the Editors of eligiblepublications to sponsor the names ofjournalists working in their mediaorganizations along with the relevant press//video clippings for the awards.

(b) The Editors of eligible publications shallsubmit the particulars of the journalistssponsored by them along with the relevantpress/video clippings to the Director,Information & Publicity, by the deadline fixedby DIP.

7. Judges.— (a) Judges for selection of theawardees will be appointed by the StateGovernment from time to time.



11

(b) The judges shall take their decision onthe basis of the objectivity and reliance onauthentic sources of the publications/reportstaking into account norms fixed by the StateGovernment.

(c) The verdict of the judges shall be finaland no objection or complaints will beentertained and no verdict shall be challengedin court.

8. Quantum of Financial Assistance under thescheme.— (a) Each award shall carry acertificate, memento and a cash prize ofRs. 10,000/- (Rupees ten thousand) only.

(b) There will be seven awards. Cash prizesamounting to Rs. 70,000/- shall be distributedamong the winners (Rs. 10,000 in eachcategory).

(c) Three Judges will be given honorariumof Rs. 2,000/- each.

The awards will be given annually on theNational Press Day, i.e. the 16th November.

9. Relaxation of the provisions of the scheme.—The Department shall at any time be entitledto replace, alter, amend or/and add to thisscheme. The Department shall have fullauthority to consider relaxation of the schemeon case to case basis on merits.

10. Interpretation of the provisions of thescheme.— If any question arises as to theinterpretation of any of the provisions of thisscheme or if there is dispute relating tofulfillments of conditions, then the decision ofthe Director of Information & Publicity, thereonshall be final and binding on all.

This is issued with the concurrence ofFinance Department vide their U. O. No.1400007/37 dated 4-3-2015.

By order and in the name of the Governorof Goa.

Arvind Bugde, Director (Information &Publicity).

Panaji, 4th March, 2015.

Department of Labour

___

Order

24/11/2011-Lab-ESI/382

Sanction of Government is hereby accorded

for creation of one post of Dietician, Group ‘C’,

Non-Ministerial, Non-Gazetted in the pay scale

of PB-2 9300-34800+4200 for 100 bedded

Employees’ State Insurance Hospital at Margao

under Office of Commissioner, Labour &

Employment with immediate effect. The

expenditure shall be debited under Budget

Head: 2210—Medical & Public Health;

01—Urban Health Service-Allopathy;

102—Employees State Insurance Scheme;

01—Implementation of ESI Scheme (Plan);

01—Salaries.

The expenditure shall be shared as per the

existing pattern of the Employees’ State

Insurance Scheme. Post of Steward shall

be surrendered on filling of the post of

Dietician.

This issues with the concurrence of

Administrative Reforms Department vide their

U. O. No. 1121F dated 24-7-2014 and has been

concurred by Finance (Rev. & Cont.)

Department vide their U. O. No. 1444985 dated

19-9-2014.

T h i s i s s u e s w i t h t h e a p p r o v a l o f

Cabinet in i ts VIIth Meeting held on

27-2-2015.

By order and in the name of the Govenorof Goa.

Shashank V. Thakur , Under Secretary(Labour).

Porvorim, 24th March, 2015.


12

Department of Law & Judiciary

Legal Affairs Division___

Notification

10/2/2015-LA

The Mines and Minerals (Development andRegulation) Amendment Ordinance, 2015(Ordinance No. 3 of 2015), which has beenpromulgated by the President in theSixty-fifth Year of the Republic of India andpublished in the Gazette of India,Extraordinary, Part II, Section 1, dated12-1-2015, is hereby published for the generalinformation of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 2nd March, 2015.__________

MINISTRY OF LAW AND JUSTICE(Legislative Department)

New Delhi, the 12th January, 2015//Pausa 22, 1936 (Saka)

THE MINES AND MINERALS(DEVELOPMENT AND REGULATION)

AMENDMENT ORDINANCE, 2015

No. 3 of 2015

Promulgated by the President in the Sixty-fifthYear of the Republic of India.

An Ordinance further to amend the Minesand Minerals (Development and Regulation)Act, 1957.

Whereas Parliament is not in session andthe President is satisfied that circumstancesexist which render it necessary for him to takeimmediate action;

Now, therefore, in exercise of the powersconferred by clause (1) of article 123 of theConstitution, the President is pleased topromulgate the following Ordinance:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1) ThisOrdinance may be called the Mines andMinerals (Development and Regulation)Amendment Ordinance, 2015.

(2) It shall come into force at once.

2. Amendment of section 3.— In theMines and Minerals (Developmentand Regulation) Act, 1957(hereinafter referred to as theprincipal Act), in section 3,—

(i) after clause (e), the following clause shallbe inserted, namely:—

‘(ea) “notified minerals” means anymineral specified in the Fourth Schedule;’;

(ii) after clause (g), the following clause shallhe inserted, namely:—

‘(ga) “prospecting licence-cum-mininglease” means a two stage concessiongranted for the proposal of undertakingprospecting operations followed by miningoperations;’;

(iii) in clause (hb), the word “and” occurringat the end shall be omitted;

(iv) after clause (hb), the following clauseshall be inserted, namely:—

‘(hc) “Special Court” means a Court ofSession designated as Special Court undersub-section (1) of section 30B; and’.

3. Amendment of section 4.— Insection 4 of the principal Act, in thesecond proviso to sub-section (1), forthe words and figures “section 617of the Companies Act, 1956”, thewords, brackets and figures “cause(45) of section 2 of the CompaniesAct, 2013, and any such entity thatmay be notified for this purpose bythe Central Government” shall besubstituted.

4. Amendment of section 4A.— In section 4Aof the principal Act, in sub-section (4), for theprovisos, the following provisos shall besubstituted, namely:—

67 of 1957.

18 of 2013.

1 of 1956.



13

“Provided that the State Government may,on an application made by the holder of suchlease before it lapses and on being satisfiedthat it will not be possible for the holder ofthe lease to undertake mining operations orto continue such operations for reasonsbeyond his control, make an order, within aperiod of three months from the date ofreceiving of such application, subject to suchconditions as may be prescribed, to theeffect that such lease shall not lapse:

Provided further that such lease shall lapseon failure to undertake mining operationsor inability to continue the same before theend of a period of six months from the dateof the order of the State Government:

Provided also that the State Governmentmay, on an application made by the holderof a lease submitted within a period of sixmonths from the date of its lapse andon being satisfied that such non--commencement or discontinuance was dueto reasons beyond the control of the holderof the lease, revive the lease within a periodof three months from the date of receivingthe application from such prospective orretrospective date as it thinks fit but notearlier than the date of lapse of the lease:

Provided also that no lease shall berevived under the third proviso for morethan twice during the entire period of thelease.”.

5. Amendment of section 5.— In section 5 ofthe principal Act,—

(A) in sub-section (1),—

(i) in clause (a), for the words,brackets and figures “sub-section(1) of section 3 of the CompaniesAct, 1956”, the words, bracketsand figures “clause (20) of section2 of the Companies Act, 2013”shall be substituted;

(ii) for the proviso, the following provisoshall be substituted, namely:—

“Provided that in respect of any mineralspecified in Part A and Part B of the First

Schedule, no reconnaissance permit,prospecting licence or mining lease shallbe granted except with the previousapproval of the Central Government.”;

(B) in sub-section (2),—

(i) for clause (a), the following clause shallbe substituted, namely:-—

“(a) there is evidence to show theexistence of mineral contents in the areafor which the application for a mininglease has been made in accordance withsuch parameters as may be prescribed forthis purpose by the Central Government;”;

(ii) after clause (b), the following provisoshall be inserted, namely:—

“Provided that a mining lease may begranted upon the filing of a mining planin accordance with a system establishedby the State Government for preparation,certification, and monitoring of such plan,with the approval of the CentralGovernment.”.

6. Amendment of section 6.— In section 6 ofthe principal Act, in sub-section (1), in clause(b), for the proviso, the following proviso shallbe substituted, namely:—

“Provided that if the Central Governmentis of the opinion that in the interest of thedevelopment of any mineral or industry, it isnecessary so to do, it may, for reasons to berecorded in writing, increase the aforesaidarea limits in respect of prospecting licenceor mining lease, in so far as it pertains toany particular mineral, or to any specifiedcategory of deposits of such mineral, or toany particular mineral located in anyparticular area.”.

7. Substitution of section 8.— For section 8 ofthe principal Act, the following section shallbe substituted, namely:—

“8. Periods for which mining leases maybe granted or renewed.— (1) The provisionsof this section shall apply to mineralsspecified in Part A of the First Schedule.

(2) The maximum period for which amining lease may be granted shall notexceed thirty years:

18 of 2013.

1 of 1956.


14

Provided that the minimum period forwhich any such mining lease may be grantedshall not be less than twenty years.

(3) A mining lease may be renewed for aperiod not exceeding twenty years withthe previous approval of the CentralGovernment.”.

8. Insertion of new section 8A.— After section8 of the principal Act, the following sectionshall be inserted, namely:—

“8A. Period of grant of a mining lease forminerals other than coal, lignite and atomicminerals.— (1) The provisions of this sectionshall apply to minerals other than thosespecified in Part A and Part B of the FirstSchedule.

(2) On and from the date of thecommencement of the Mines and Minerals(Development and Regulation) AmendmentOrdinance, 2015, all mining leases shall begranted for the period of fifty years.

(3) All mining leases granted before thecommencement of the Mines and Minerals(Development and Regulation) AmendmentOrdinance, 2015 shall be deemed to havebeen granted for a period of fifty years.

(4) On the expiry of the lease period, thelease shall be put up for auction as per theprocedure specified in this Act.

(5) Notwithstanding anything contained

in sub-sections (2), (3) and sub-section (4),the period of lease granted before the date

of commencement of the Mines and Minerals(Development and Regulation) Amendment

Ordinance, 2015, where mineral is used forcaptive purpose, shall be extended and be

deemed to have been extended upto a periodending on 31st March, 2030 with effect from

the date of expiry of the period of renewallast made or till the completion of renewal

period, if any, or a period of fifty years fromthe date of grant of such lease, whichever is

later, subject to the condition that all theterms and conditions of the lease have been

complied with.

(6) Notwithstanding anything containedin sub-sections (2), (3) and sub-section (4),the period of lease granted before the dateof commencement of the Mines and Minerals(Development and Regulation) AmendmentOrdinance, 2015, where mineral is used forother than captive purpose, shall beextended and be deemed to have beenextended upto a period ending on 31stMarch, 2020 with effect from the date ofexpiry of the period of renewal last made ortill the completion of renewal period, if any,or a period of fifty years from the date ofgrant of such lease, whichever is later,subject to the condition that all the termsand conditions of the lease have beencomplied with.

(7) Any holder of a lease granted, wheremineral is used for captive purpose, shallhave the right of first refusal at the time ofauction held for such lease after the expiryof the lease period.

(8) Notwithstanding anything containedin this section, the period of mining leases,including existing mining leases, ofGovernment companies or corporations shallbe such as may be prescribed by the CentralGovernment.

(9) The provisions of this section,notwithstanding anything containedtherein, shall not apply to a mining leasegranted before the date of commencementof the Mines and Minerals (Development andRegulation) Amendment Ordinance, 2015,for which renewal has been rejected, orwhich has been determined, or lapsed.”.

9. Insertion of new sections 9B and 9C.— Aftersection 9A of the principal Act, the followingsections shall be inserted, namely:—

“9B. District Mineral Foundation.— (1) Inany district affected by mining relatedoperations, the State Government shall, bynotification, establish a trust, as a non-profitbody, to be called the District MineralFoundation.

(2) The object of the District MineralFoundation shall be to work for the interest



15

and benefit of persons, and areas affectedby mining related operations in such manneras may be prescribed by the StateGovernment.

(3) The composition and functions ofthe District Mineral Foundation shall besuch as may be prescribed by the StateGovernment.

(4) The holder of a mining lease or aprospecting licence-cum-mining lease shall,in addition to the royalty, pay to the DistrictMineral Foundation of the district in whichthe mining operations are carried on, anamount which is equivalent to suchpercentage of the royalty paid in terms ofthe Second Schedule, not exceeding one--third of such royalty, as may be prescribedby the Central Government.

9C. National Mineral Exploration Trust.—(1) The Central Government shall, bynotification, establish a Trust, as anon-profit body, to be called the NationalMineral Exploration Trust.

(2) The object of the Trust shall be touse the funds accrued to the Trust forthe purposes of regional and detailedexploration in such manner as may beprescribed by the Central Government.

(3) The composition and functions ofthe Trust shall be such as may be prescribedby the Central Government.

(4) The holder of a mining lease or aprospecting licence-cum-mining lease shallpay to the Trust, a sum equivalent to twoper cent. of the royalty paid in terms of theSecond Schedule, in such manner as may beprescribed by the Central Government.”.

10. Insertion of new sections 10A, 10B and10C.— After section 10 of the principal Act,the following sections shall be inserted,namely:—

“10A. Rights of existing concession holdersand applicants.— (1) All applicationsreceived prior to the date of commencementof the Mines and Minerals (Development andRegulation) Amendment Ordinance, 2015,shall become ineligible.

(2) Without prejudice to sub-section (1),the following shall remain eligible on andfrom the commencement of the Mines andMinerals (Development and Regulation)Amendment Ordinance, 2015:—

(a) applications received under section11A of this Act;

(b) where before the commencement ofthe said Ordinance a reconnaissancepermit or prospecting licence has beengranted in respect of any land for anymineral, the permit holder or the licenseeshall have a right for obtaining aprospecting licence followed by a mininglease, or a mining lease, as the case maybe, in respect of that mineral in that land,if the State Government is satisfied thatthe permit holder or the licensee, as thecase may be,—

(i) has undertaken reconnaissanceoperations or prospecting operations,as the case may be, to establish theexistence of mineral contents in suchland in accordance with suchparameters as may be prescribed bythe Central Government;

(ii) has not committed any breachof the terms and conditions of thereconnaissance permit or theprospecting licence;

(iii) has not become ineligible underthe provisions of this Act; and

(iv) has not failed to apply for grantof prospecting licence or mining lease,as the case may be, within a period ofthree months after the expiry ofreconnaissance permit or prospectinglicence, as the case may be, or withinsuch further period not exceeding sixmonths as may be extended by theState Government;

(c) where the Central Government hascommunicated previous approval asrequired under sub-section (1) of section5 for grant of a mining lease, or if a letter


16

of intent (by whatever name called) hasbeen issued by the State Governmentto grant a mining lease, beforethe commencement of the Mines andMinerals (Development and Regulation)Amendment Ordinance, 2015, the mininglease shall be granted subject to fulfilmentof the conditions of the previous approvalor of the letter of intent within a period oftwo years from the date of commencementof the said Ordinance:

Provided that in respect of any mineralspecified in the First Schedule, noprospecting licence or mining lease shallbe granted under clause (b) of this sub--section except with the previous approvalof the Central Government.

10B. Grant of mining lease in respect ofnotified minerals through auction.— (1) Theprovisions of this section shall not beapplicable to cases covered by section 10Aor section 17A or to minerals specified inPart A or Part B of the First Schedule or toland in respect of which the minerals do notvest in the Government.

(2) Where there is inadequate evidenceto show the existence of mineral contents ofany notified mineral in respect of any area,a State Government may, after obtainingthe previous approval of the CentralGovernment, grant a prospecting licence--cum-mining lease for the said notifiedmineral in such area in accordance with theprocedure laid down in section 11.

(3) In areas where the existence of mineralcontents of any notified mineral isestablished in the manner prescribed by theCentral Government, the State Governmentshall notify such areas for grant of miningleases for such notified mineral, the termsand conditions subject to which such miningleases shall be granted, and any otherrelevant conditions, in such manner as maybe prescribed by the Central Government.

(4) For the purpose of granting a mininglease in respect of any notified mineral insuch notified area, the State Governmentshall select, through auction by a method of

competitive bidding, including e-auction, anapplicant who fulfils the eligibilityconditions as specified in this Act.

(5) The Central Government shallprescribe the terms and conditions, andprocedure, subject to which the auction shallbe conducted, including the biddingparameters for the selection, which mayinclude a share in the production of themineral, or any payment linked to the royaltypayable, or any other relevant parameter,or any combination or modification ofthem.

(6) Without prejudice to the generality ofsub-section (5), the Central Governmentshall, if it is of the opinion that it is necessaryand expedient to do so, prescribe terms andconditions, procedure and biddingparameters in respect of categories ofminerals, size and area of mineral depositsand a State or States, subject to which theauction shall be conducted:

Provided that the terms and conditionsmay include the reservation of any particularmine or mines for a particular end use andsubject to such condition which allow onlysuch eligible end users to participate in theauction.

(7) The State Government shall grant amining lease to an applicant selected inaccordance with the procedure laid downin this section in respect of such notifiedmineral in any notified area.

10C. Grant of non-exclusive reconnaissancepermits.— (1) Non-exclusive reconnaissancepermits may be granted in respect of anynotified mineral or non-notified mineral or agroup of specified minerals, other thanminerals specified in Part A or Part B of theFirst Schedule, subject to such terms andconditions as may be prescribed by theCentral Government.

(2) The holder of such non-exclusivereconnaissance permit shall not be entitledto make any claim for the grant of anyprospecting licence-cum-mining lease or amining lease.”.



17

11. Substitution of section 11.— For section11 of the principal Act, the following sectionshall be substituted, namely:—

“11. Grant of prospecting licence-cum--mining lease through auction in respect ofminerals other than notified minerals.— (1)The provisions of this section shall not beapplicable to cases covered by section 10Aor section 17A or to minerals specified inPart A or Part B of the First Schedule or toland in respect of which minerals do not vestin the Government.

(2) In areas where there is evidence toshow the existence of mineral contents asrequired by clause (a) of sub-section (2) ofsection 5, the State Government shall granta mining lease for minerals other thannotified minerals following the procedurelaid down in section 10B.

(3) In areas where there is inadequateevidence to show the existence of mineralcontents as required under clause (a) ofsub-section (2) of section 5, the StateGovernment shall grant a prospectinglicence-cum-mining lease for minerals otherthan notified minerals in accordance withthe procedure laid down in this section.

(4) The State Government shall notify theareas in which prospecting licence-cum--mining leases shall be granted for anyminerals other than notified minerals, theterms and conditions subject to which suchprospecting licence-cum-mining leasesshall be granted, and any other relevantconditions, in such manner as may beprescribed by the Central Government.

(5) For the purpose of grantingprospecting licence-cum-mining leases, theState Government shall select, throughauction by method of competitive bidding,including e-auction, an applicant who fulfilsthe eligibility conditions as specified in thisAct.

(6) The Central Government shallprescribe the terms and conditions, andprocedure, subject to which the auction shallbe conducted, including the bidding

parameters for the selection, which mayinclude a share in the production of themineral, or any payment linked to theroyalty payable, or any other relevantparameter, or any combination ormodification of them.

(7) Without prejudice to the generality ofsub-section (6), the Central Governmentshall, if it is of the opinion that it is necessaryand expedient to do so, prescribe termsand conditions, procedure and biddingparameters in respect of categories ofminerals, size and area of mineral depositsand a State or States, subject to which theauction shall be conducted.

(8) The State Government shall granta prospecting licence-cum-mining leaseto an applicant selected in accordancewith the procedure laid down in thissection.

(9) The holder of a prospecting licence--cum-mining lease shall be required tocomplete, within the period laid down insection 7, the prospecting operationssatisfactorily as specified in the noticeinviting applications.

(10) A holder of a prospecting licence--cum-mining lease, who completes theprospecting operation as laid down in sub--section (9) and establishes the existence ofmineral contents in the area in conformitywith such parameters as may be prescribedfor this purpose by the Central Government,shall be required to apply for a mining leasefor such area and shall have the right to getthe mining lease and thereafter undertakemining operations in accordance with theprovisions of this Act.”.

12. Insertion of new sections 11B and 11C.—After section 11A of the principal Act, thefollowing sections shall be inserted, namely:—

“11B. Power of Central Government to makerules for regulating atomic minerals specifiedunder Part B of First Schedule.— The CentralGovernment may, by notification in theOfficial Gazette, make rules for regulatingthe grant of mining leases or other mineral


18

concessions in respect of minerals specifiedin Part B of the First Schedule and forpurposes connected therewith, and theState Government shall grant areconnaissance permit, prospecting licenceor mining lease in respect of any suchmineral in accordance with such rules.

11C. Power of Central Government toamend First Schedule and Fourth Schedule.—The Central Government may, by notificationin the Official Gazette, amend the FirstSchedule and the Fourth Schedule so as toadd or delete any mineral as may bespecified in the notification.”.


“12A. Transfer of mineral concessions.— (1)The provisions of this section shall not applyto minerals specified in Part A or Part B ofthe First Schedule.

(2) A holder of a mining lease or aprospecting licence-cum-mining leasegranted in accordance with the procedurelaid down in section 10B or section 11 may,with the previous approval of the StateGovernment, transfer his mining lease orprospecting licence-cum-mining lease, as thecase may be, in such manner as may beprescribed by the Central Government, toany person eligible to hold such mining leaseor prospecting licence-cum-mining lease inaccordance with the provisions of this Actand the rules made thereunder.

(3) If the State Government does notconvey its previous approval for transfer ofsuch mining lease or prospecting licence--cum-mining lease, as the case may be,within a period of ninety days from the dateof receiving such notice, it shall be construedthat the State Government has no objectionto such transfer:

Provided that the holder of the originalmining lease or prospecting licence-cum--mining lease shall intimate to the StateGovernment the consideration payable bythe successor-in-interest for the transfer,including the consideration in respect of the

prospecting operations already undertakenand the reports and data generated duringthe operations.

(4) No such transfer of a mining lease orprospecting licence-cum-mining lease,referred to in sub-section (2), shall take placeif the State Government, within the noticeperiod and for reasons to be communicatedin writing, disapproves the transfer on theground that the transferee is not eligible asper the provisions of this Act:

Provided that no such transfer of amining lease or of a prospecting licence--cum-mining lease, shall be made incontravention of any condition subjectto which the mining lease or the prospec-ting licence-cum-mining lease wasgranted.

(5) All transfers effected under this sectionshall be subject to the condition that thetransferee has accepted all the conditionsand liabilities under any law for the timebeing in force which the transferor wassubject to in respect of such a mining leaseor prospecting licence-cum-mining lease, asthe case may be.

(6) The transfer of mineral concessionsshall be allowed only for concessions whichare granted through auction.”.

14. Amendment of section 13.— In section 13of the principal Act, in sub-section (2),—

(i) after clause (j), the following clause shallbe inserted, namely:—

“(jj) parameters of existence of mineralcontents under clause (a) of sub-section (2)of section 5;”;

(ii) in clause (qq), the word “and” occuringat the end shall be omitted;

(iii) after clause (qq), the following clausesshall be inserted, namely:—

“(qqa) the amount of payment to be madeto the District Mineral Foundation undersub-section (4) of section 9B;

(qqb) the manner of usage of funds accruedto the National Mineral Exploration Trustunder sub-section (2) of section 9C;



19

(qqc) the composition and functions of theNational Mineral Exploration Trust undersub-section (3) of section 9C;

(qqd) the manner of payment of amountto the National Mineral Exploration Trustunder sub-section (4) of section 9C;

(qqe) the terms and conditions subject towhich mining leases shall be granted undersub-section (3) of section 10B;

(qqf) the terms and conditions, andprocedure, subject to which the auctionshall be conducted including the biddingparameters for the selection under sub--section (5) of section 10B;

(qqg) the time limits for various stages inprocessing applications for grant of mininglease or prospecting licence-cum-mininglease under sections 10B, 11, 11A, 11B, andsection 17A, and their renewals;

(qqh) the terms and conditions for grantof non-exclusive reconnaissance permitsunder sub-section (1) of section 10C;

(qqi) the terms and conditions for grantof prospecting licence-cum-mining leasesunder sub-section (4) of section 11;

(qqj) the terms and conditions, andprocedure, including the bidding parametersfor the selection under sub-section (6) ofsection 11;

(qqk) the amount to be payable by aGovernment company or corporation, or ajoint venture for grant of mining lease undersub-section (2C) of section 17A; and”.

15. Amendment of section 15.— In section 15of the principal Act, after sub-section (3), thefollowing sub-section shall be inserted,namely:—

“(4) Without prejudice to sub-sections (1),(2) and sub-section (3), the StateGovernment may, by notification, make rulesfor regulating the provisions of thisAct for the following, namely:—

(a) the manner in which the DistrictMineral Foundation shall work undersub-section (2) of section 9B;

(b) the composition and functions ofthe District Mineral Foundation undersub-section (3) of section 9B; and

(c) the amount of payment to be madeto the District Mineral Foundation byconcession holders of minor mineralsunder section 15A.”.


“15A. Power of State Government to collectfunds for District Mineral Foundation in caseof minor minerals.— The State Governmentmay prescribe the payment by all holders ofconcessions related to minor minerals ofamounts to the District Mineral Foundationof the district in which the mining operationsare carried on.”.

17. Amendment of section 17A.— In section17A of the principal Act, after sub-section (2),the following sub-sections shall be inserted,namely:—

“(2A) Where in exercise of the powersconferred by sub-section (1A) or sub--section (2), the Central Government orthe State Government, as the case maybe, reserves any area for undertakingprospecting or mining operations, the StateGovernment shall grant prospecting licenceor mining lease, as the case may be, inrespect of such area to such Governmentcompany or corporation:

Provided that in respect of any mineralspecified in Part A and Part B of the FirstSchedule, the State Government shall grantthe prospecting licence or mining lease,as the case may be, only after obtainingthe previous approval of the CentralGovernment.

(2B) Where the Government company orcorporation is desirous of carrying out theprospecting operations or mining operationsin a joint venture with other persons, thejoint venture partner shall be selectedthrough a competitive process, and suchGovernment company or corporation shallhold more than seventy-four per cent. of


20

the paid lip share capital in such jointventure.

(2C) A mining lease granted to aGovernment company or corporation, or ajoint venture, referred to in sub-sections (2A)and (2B), shall be granted on payment of suchamount as may be prescribed by the CentralGovernment.”.


“20A. Power of Central Government to issue

directions.— (1) Notwithstanding anything

contained in this Act, the Central

Government may issue such directions to the

State Governments, as may be required for

the conservation of mineral resources, or on

any policy matter in the national interest,

and for the scientific and sustainable

development and exploitation of mineral

resources.

(2) In particular, and without prejudice to

the generality of the foregoing powers, the

Central Government may also issue

directions in respect of the following

matters, namely:—

(i) improvement in procedure for grantof mineral concessions and to ensureco-ordination among agencies entrustedwith according statutory clearances;

(ii) maintenance of internet-baseddatabases including development andoperation of a mining tenement system;

(iii) implementation and evaluation ofsustainable development frameworks;

(iv) reduction in waste generation andrelated waste management practices andpromotion of recycling of materials;

(v) minimising and mitigating adverseenvironmental impacts particularly inrespect of ground water, air, ambientnoise and land;

(vi) ensuring minimal ecologicaldisturbance, in terms of bio-diversity, flora,fauna and habitat;

(vii) promoting restoration andreclamation activities so as to makeoptimal use of mined out land forthe benefit of the local communities;and

(viii) such other matters as may benecessary for the purposes ofimplementation of this Act.”.

19. Amendment of section 21.— In section 21of the principal Act, for sub-sections (1) and(2), the following sub-sections shall besubstituted, namely:—

“(1) Whoever contravenes the provisionsof sub-section (1) or sub-section (1A)of section 4 shall be punishable withimprisonment for a term which may extendto five years and with fine which mayextend to five lakh rupees per hectare of thearea.

(2) Any rule made under any provisionof this Act may provide that any contra-vention thereof shall be punishable withimprisonment for a term which may extendto two years or with fine which may extendto five lakh rupees, or with both, and in thecase of a continuing contravention, withadditional fine which may extend to fiftythousand rupees for every day duringwhich such contravention continuesafter conviction for the first suchcontravention.”.

20. Substitution of section 30.— For section30 of the principal Act, the following sectionshall be substituted, namely:—

“30. Power of revision by CentralGovernment.— The Central Governmentmay, of its own motion or on an applicationmade within the prescribed time by anaggrieved party,—

(a) revise any order made by a StateGovernment or other authority in exerciseof the powers conferred on it by or underthis Act with respect to any mineral otherthan a minormineral; or

(b) where no such order has been madeby the State Government or other authorityin exercise of the powers conferred on it



21

by or under this Act with respect to anymineral other than a minor mineral withinthe time prescribed therefor, pass suchorder as it may think fit and appropriatein the circumstances:

Provided that in cases covered byclause (b) the Central Government shall,before passing any order under this clause,give an opportunity of being heard or torepresent in the matter.”.

21. Insertion of new sections 30B and 30C.—After section 30A of the principal Act, thefollowing sections shall be inserted, namely:—

“30B. Constitution of Special Courts.— (1)The State Government may, for the purposesof providing speedy trial of offencesfor contravention of the provisions ofsub-section (1) or sub-section (1A) of section4, constitute, by notification, as many SpecialCourts as may be necessary for such area orareas, as may be specified in the notification.

(2) A Special Court shall consist of a Judgewho shall be appointed by the StateGovernment with the concurrence of the HighCourt.

(3) A person shall not be qualified forappointment as a judge of a Special Courtunless he is or has been a District andSessions Judge.

(4) Any person aggrieved by the order ofthe Special Court may prefer an appeal tothe High Court within a period of sixty daysfrom the date of such order.”.

30C. Special Courts to havepowers of Court of Session.— Saveas otherwise provided in this Act,the Code of Criminal Procedure,1973, shall apply to the procee-dings before the Special Court andfor the purpose of the provisionsof this Act, the Special Court shallbe deemed to be a Court of Sessionand shall have all powers of aCourt of Session and the personconducting a prosecution beforethe Special Court shall be deemedto be a public prosecutor.

22. Amendment of First Schedule.— In theprincipal Act, in the First Schedule, for thefigures and brackets “8(2)”, the figures,brackets, letters and word “8(1), 8A(1), 10A,10B(1), 10C(1), 11(1), 11B, 11C, 12A(1), and17A(2A)” shall be substituted.

23. Insertion of a new Schedule.— Inthe principal Act, after the Third Schedule,the following Schedule shall be inserted,namely:—

“THE FOURTH SCHEDULE

[See clause (ea) of section 3]

Notified Minerals

1. Bauxite.

2. Iron ore.

3. Limestone.

4. Manganese ore.”.

24. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of the Mines and Minerals

(Development and Regulation) Amendment

Ordinance, 2015, the Central Government may,

by order, published in the Official Gazette, make

such provisions not inconsistent with the

provisions of the said Ordinance, as appear to

it to be necessary or expedient for removing

the difficulty:

Provided that no such order shall be made

under this section after the expiry of a period

of two years from the commencement of the

said Ordinance.

(2) Every order made under this section

shall be laid, as soon as may be after it is

made, before each House of Parliament.

PRANAB MUKHERJEE, President.

DR. SANJAY SINGH,Secy. to the Government of India.

2 of 1974.


22

Department of Revenue___

Order

35/2/2013-RD

In exercise of the powers conferred by clause

(a) of sub-section (1) of section 9 of the Indian

Stamp Act, 1899 (Central Act 2 of 1899), as in

force in the State of Goa (hereinafter referred

to as the ‘said Act’), and in supersession of

the Government Notification No. 35/4/2003-RD

dated 28th May, 2013, published in the Official

Gazette, Series I No. 9, dated 30th May, 2013,

the Government of Goa hereby,—

(i) reduces the stamp duty chargeable on

conveyance (not being a transfer charged or

exempted under Article No. 62) so far as it

relates to immovable property, which is

presently specified in Article 22 (b) of the

Schedule I-A to the said Act, to the scale as

specified hereunder:—

(a) where the amount or value of the

consideration for such conveyance as set

forth therein exceeds Rs. 600/- but does not

exceed Rs. 1,000/-, the stamp duty shall be

Rs. 35/- and for every Rs. 1,000/- or part

thereof in excess of Rs. 1,000/- upto

rupees fifty lakhs, the stamp duty shall be

Rs. 35/-;

(b) where the amount or value of the


forth therein exceeds rupees fifty lakhs but

does not exceed rupees seventy-five lakhs,

for every Rs. 1,000/- or part thereof, the

stamp duty shall be Rs. 40/-;

(c) where the amount or value of the


forth therein exceeds rupees seventy-five

lakhs but does not exceed rupees one crore,

for every Rs. 1,000/- or part thereof, the

stamp duty shall be Rs. 45/-;

(d) where the amount or value of the


forth therein exceeds rupees one crore, for

every Rs. 1,000/- or part thereof, the stamp

duty shall be Rs. 50/-;

(ii) reduces the stamp duty chargeable on

conveyance (not being a transfer charged or

exempted under Article No. 62) so far as it

relates to immovable property, which is

presently specified in Article 22(b) of Schedule

I-A to the said Act, executed by or on behalf

of the co-operative housing society, to the

scale as specified hereunder:—

Where the amount or value of the


forth therein exceeds Rs. 600/- but does not

exceed Rs. 1,000/-, the stamp duty shall be

Rs. 20/- and for every Rs. 1,000/- or part

thereof in excess of Rs. 1,000/-, the stamp

duty shall be Rs. 20/-:

Provided that if an agreement is executed,

the stamp duty payable hereinabove shall

be remitted to the extent it is already paid

while executing the agreement under clause

(c) of Article 5 of the Schedule I-A to the said

Act;

(iii) remits the stamp duty chargeable on gift

so far as it relates to immovable property in

favour of educational institution/ charitable

organisation, which is registered as a society

with the Inspector General of Societies

Government of Goa, under the Societies

Registration Act, 1860 (Act 21 of 1860), at least

fifteen years before the date of coming into

force of this Order.

This order shall come into force withimmediate effect.


Ashutosh Apte, Under Secretary(Revenue-I).

Porvorim, 1st April, 2015.



23

Department of TransportDirectorate of Transport

___Notification

D.Tpt/EST/1508/2015/1060

The following draft rules which theGovernment of Goa proposes to make inexercise of the powers conferred by sections26, 28, 38, 65, 95, 96, 107, 111, 138, 159, 176,211 and 213 of the Motor Vehicles Act, 1988(Central Act No. 59 of 1988) (hereinafterreferred to as the “said Act”), so as to furtheramend the Goa Motor Vehicles Rules, 1991, arehereby published as required by section 212of the said Act, for the information of thepersons likely to be affected thereby and noticeis hereby given that the said draft rules will betaken into consideration by the Governmentafter the expiry of fifteen days from thedate of publication of this Notification in theOfficial Gazette.

All objections and suggestions to the saiddraft rules may be forwarded to the Director oftransport to the Government of Goa, JuntaHouse, Panaji, within fifteen days from the

date of publication of this Notification in theOfficial Gazette.

DRAFT RULES

In exercise of the powers conferred bysections 26, 28, 38, 65, 95, 96, 107, 111, 138,159, 176, 211 and 213 of the Motor VehiclesAct, 1988 (Central Act 59 of 1988), and all otherpowers enabling it in this behalf, theGovernment of Goa hereby makes the followingrules so as to further amend the Goa MotorVehicles Rules, 1991, namely:—

1. Short title and commencement.— (1) Theserules may be called the Goa Motor Vehicles(Amendment) Rules, 2015.

(2) They shall come into force from the dateof their publication in the Official Gazette.

2. Substitution of rule 310.— For rule 310 ofthe Goa Motor Vehicles Rules, 1991, thefollowing shall be substituted, namely:—

“310. Fees for choice numbers.— (1) Forassignment of a registration mark for avehicle of the choice of the applicant underprivate or transport series, the following feesshall be levied, namely:—

Sr. No. Particulars Private Series Transport Series

1 2 3 4

(a) Assignment of Rs. 6,000/- for two and Rs. 3,000/- for two and

registration mark with three wheelers and three wheelers and

identical numerals Rs. 30,000/- for vehicles Rs. 15,000/- for vehicles

from 0001 to 0009 other than two and other than two and

three wheelers. three wheelers.

(b) Assignment of Rs. 6,000/- for two and Rs. 3,000/- for two and


identical last two digits Rs. 12,000/- for vehicles Rs. 6,000/- for vehicles

in symmetrical striking other than two and other than two and

numbers like 0011, 0022, three wheelers. three wheelers.

0033, 0044, 0055, etc.

(c) Assignment of Rs. 8,000/- for two and Rs. 4,000/- for two and


identical last three Rs. 20,000/- for vehicles Rs. 10,000/- for vehicles

digits in symmetrical other than two and other than two and

striking numbers like three wheelers. three wheelers.

0111, 0222, 0333, 0444,0555, etc.


24

1 2 3 4

(d) Assignment of Rs. 10,000/- for two Rs. 5,000/- for two and

registration mark with and three wheelers and three wheelers and

identical four digits Rs. 40,000/- for Rs. 20,000/- for vehicles

mark symmetrical vehicles other than two other than two and

striking numbers like and three wheelers. three wheelers.

1111, 2222, 3333, 4444,

5555, etc.

(e) Assignment of Rs. 5,000/- for two and Rs. 2,500/- for two and


combination of number Rs. 15,000/- for vehicles Rs. 7,500/- for vehicles

in pair like 1122, 1133, other than two and other than two and

2233, 9988, 7733, three wheelers. three wheelers.

8800, etc.

(f) Assignment of Rs. 3,000/- for two and Rs. 1,500/- for two and

registration mark in three wheelers and three wheelers and

consecutive ascending Rs. 10,000/- for vehicles Rs. 5,000/- for vehicles

order of digits like other than two and other than two and

0123, 0345, 1234, three wheelers. three wheelers.

0456, 5678, etc.

(g) Assignment of number, Rs. 10,000/- for two Rs. 5,000/- for two and

such as “0786” and three wheelers and three wheelers and

Rs. 40,000/- for Rs. 20,000/- for vehicles

vehicles other than two other than two and

and three wheelers. three wheelers.

(2) In case the number of person desirous of having any particular registration mark is morethan one then the allotment shall be made by the concerned Registration Authority to thehighest bidder.

(3) In case the applicant desires any number in advance except the choice number, the fee forsuch number shall be Rs. 5,000/- for two and three wheeler vehicle and Rs. 10,000/- for vehicleother than two and three wheeler.

(4) The choice numbers which are not claimed by any applicant shall be free to be releasedwithout payment of any extra amount only after the series is exhausted.

(5) In case anyone desires to reserve the choice number in advance in a running series, theapplicant shall have to pay the entire fees specified for such number which is non-refundable, ifthe vehicle is not registered within 90 days:

Provided that the Government may give an order in writing to start a new registration seriesto assign registration number as desired by applicants, on the recommendation of the Directorof Transport/Registering Authority for which the applicant shall have to pay the fees at the rateof three times of the fee specified above.

By order and in the name of the Governor of Goa.

Arun L. Desai, Director & ex officio Addl. Secretary (Transport).

Panaji, 26th March, 2015.



25

Department of Water ResourcesOffice of the Chief Engineer, Water Resources

___

Notification

9/3/CE-WRD/EO/14-15/04

Sanction of Government is hereby conveyedfor adoption of the Ground Water Policy-2015.The Policy was adopted vide VIIIth CabinetMeeting of the Council of Ministers held on13-3-2015. The Policy was also laid on the floorof the Goa Legislative Assembly on 24-3-2015.


S. T. Nadkarni, Chief Engineer & ex officioAdditional Secretary (WR).

Porvorim, 1st April, 2015.

_________

Goa Ground Water PolicyIntroduction.— Water is the most essential

resource for maintaining life on earth, aresource, which on one hand is extravagantlyused by human beings and on the other hand,its per capita availability is decreasing day byday. Initially the uses of water were limited tofewer wants of mankind like drinking, cooking,bathing, washing, etc. As technology unfolded,so also the uses of water, which became varied.Domestic uses were expanded to cooling, air--conditioning, heating, sanitary purpose,watering lawns and gardens, swimming pools,etc. Public uses encompass requirements inhospitals, educational institutions, hostels,prisons, public parks, fire-fighting, commercialcum office buildings, hotels, laundries,shopping centres, bus, railway terminals, etc.

Water is found in atmosphere, on earth’ssurface and within earth’s crust. Inatmosphere, water is found in the lowermostlayer, the troposphere, either in vaporous orsolid state or in the form of liquid droplet.Surface water is found in liquid or solid state.within earth’s crust, i.e. within the lithosphere,water is found in vaporous, liquid or solid state.

Surface water, underground water and thewater contained in the tissues of all animals,plants (biosphere) together compose the waterenvelope of the earth usually called thehydrosphere.

Atmospheric, surface and undergroundwaters are closely interconnected and arefound in continuous motion known as hyrologicor water cycle. Of the total quantum of wateron earth, 96.50% is saline. Of the balance whichis the fresh water, 68.70% is in glaciers andpolar caps, 30.10% is available as ground waterand only 0.30% is available in rivers and lakesas surface water. Since about 30% of freshwater occurs as ground water, the study ofavailability and movement of water under theearth’s crust is of paramount interest tomankind. The science of the same is known ashydrogeology.

A number of hydrophysical zones have beenidentified according to the phase transition ofwater and certain characteristic changes in itsstructure. The zones have been identified aszone of aeration, frozen zone of earth’s crust,zone of saturation, zone of over-densified waterfluid, zone of liquid-plastic water solution ofsilicates and aluminosilicates, zone ofdissociated water molecules.

The State of Goa has in general two types ofaquifers, the top semi or unconfined aquiferwhich is normally the lateritic or similar rockand the deep confined aquifer which are thefaults or fissures in the parent rock. The groundwater resources of the State were estimatedby Central Ground Water Board and thedynamic water resources have been estimatedas 132.75 Million Cubic meters. The utilizationof the ground water resources is estimated as43.83 Million Cubic meters which is 33% of thestock, considered safe.

Goa is one of the foremost States toimplement the Goa Ground Water RegulationAct, 2002 (Goa Act 1 of 2002). Government hasalready notified the Ground Water Officers forNorth and South districts of Goa and also theGround Water Cell under the chairmanship of


26

Chief Engineer, WRD. Government of Goa hasalso made rules under the Act. Governmenthad notified the urban areas, industrial areasand coastal areas as scheduled areas underthe Act in 2007. However in 2012, whole ofGoa has been notified as the scheduled area.Government has also made rules under the Actto charge rates for drawal and transportationof ground water under different uses and rulesto register all the drilling companies who drillbore wells in the State.

Though the overall ground water utilizationis safe, there are some localized stressed areasas follows:—

(i) Industrial Areas(ii) Coastal areas(iii) Urban areas(iv) Mining areas.

Hence the need of a comprehensive groundwater policy which aims at development ofground water on a sustainable basis,regulating it and also managing it in aprofessional manner to prevent its pollutionand degradation.

Ground Water Policy.— (1) All ground waterstructures in the State will be registered asrequired under section 5 of the Goa GroundWater Regulation Act, 2002 (GGWRA). Toeducate the citizens about the importance ofthe judicious use of ground water, the GroundWater Officers (GWO) designated underGGWRA will hold awareness camps/meetingsat the level of Village Panchayats. During suchawareness camps, the GWO will also educatethe citizens on the mandatory provisions ofGGWRA on registration of existing wells andthe obtaining of prior approvals before sinkinga new well.

(2) To correctly monitor and bill the wellowners for the ground water withdrawal,especially for industrial, commercial and mininguses, all existing wells will be metered at theearliest in exercise of the powers granted toGWO, under section 13(4) of GGWRA. Meteringwill also be an essential condition for granting

permission to sink a new well under section(5) of GGWRA. Pumps, especially those forcommercial, industrial and mining uses will beinstalled in wells in such a manner as tocompletely prevent any withdrawal by by--passing the meters. Owners will providemetres for the wells at their own cost whichwill be checked periodically for their conditionby the GWO’s.

(3) Within a definite time frame, GWOs willbring under total registration all tankers andother carriers engaged in transportation ofground water, which is a mandatoryrequirement of section (6) of GGWRA. For readyidentification, all registered water tankers andcarriers will be provided passes under thesignature of the GWO to be displayed on theirwind shields. These passes will carry allrelevant information of registration of thetankers. No water tankers or carriers will beallowed to ply unless they carry such passes.Law enforcement agencies, such as the policeand the Road Transport Officers (RTO) will beco-opted to deter violation of these provisionsby empowering them to impound the watercarriers operating in violation of theseprovisions. GWOs will also act proactively inpreventing such violation by carrying outsurprise checks. They will also register andassiduously pursue complaints in this regardto bring violators to book and thereby reaffirmthat there is a cost to violation of these rules.Only an effective regime of enforcement canensure substantial compliance with GGWRAand maximization of revenue realization.

(4) Experience gained in ground waterregulation has shown the limitations of theconventional policing and other enforcementmethods in ensuring compliance with GGWRA.Surveillance and tracking of violations of thelaw must not only be effective but be fool-proofbut at the same time non-obstructive.Technological aids such as GeographicalPositioning System (GPS) and softwaresolutions offered by Information Technology(IT) shall be relied upon for keeping track ofground water extraction and transportation asalready in use by mining companies to



27

eliminate malpractices. Solutions such astanker-mounted GPS systems and electronicfencing (a software package) will be inductedinto ground water regulation to checkmalpractices in ground water extraction andtransportation and thereby prevent theconsequent loss of revenue to the State.

(5) Quality of ground water, which is one ofthe criteria under section (5) (6) (4) of theGGWRA to be taken into consideration ingranting or refusing to grant registration of anexisting well or for permission to sink a newwell, will be accorded high priority. Wellowners shall get the quality of ground watertested bi-yearly, preferably in April andOctober. Such tests shall be carried out atapproved water testing laboratories registeredwith the Water Resources Department (WRD).All the test parameters shall be within theprescribed limits stipulated in the relevantstandards.

(6) Water Resources Department shallundertake the study for delineation of aquifersin the State with the properties of the same.This will help in studying the utilization patternand granting of the permission in a morescientific manner.

(7) Periodical monitoring of the ground waterlevels shall be undertaken to demarcate theactual areas under stress. There are about 105observation wells (65 open and 40peizometers) of the Water ResourcesDepartment which are set up recently underHP-II Project of World Bank and another 50wells of Central Ground Water Board. The datafrom the same shall be utilized for bettermanagement of the water resources in theState.

(8) For a proper regulation of ground waterdevelopment and management, need-basedmicro-level estimation of ground wateravailability will be undertaken especially instressed areas. Information gathered from suchstudies will be useful in declaring areas in theState as Water Scarcity and Over ExploitedAreas as provided for under section (4) (2) &(3) of GGWRA.

(9) Stringent action should be taken forviolators of the Ground Water Act. Periodicaland continuous monitoring should be taken upby the Ground Water Officers and theirauthorized representatives to implement theAct in right spirit to protect the ground waterresources for future generations.

(10) Proper arrangements should be madeby mining companies for dewatering includingmetering of the same and the same should beshown to the Ground Water Officer before thewithdrawals are made. Ground Water Officersshould periodically monitor the withdrawalsmade by the mining companies andauthenticate the same. Department shouldmonitor the ground water levels in the miningbelt. Peizometers or wells wherever necessaryshould be installed to record the levels inmining belt.

(11) Rain water harvesting and rechargingof the ground water resources should beencouraged wherever feasible. Departmentshould render assistance and guidance for suchproposals.

(12) Water conservation measures likebandharas, inverted bandharas, percolationtanks, check dams, contour bunding, trenching,etc. should be encouraged and propagatedwherever feasible.

(13) In canals or flow irrigation, conjunctiveuse of ground water along with surface waterresources should be adopted to preventwastage and conserve water.

(14) Training on modern scientifictechnologies and tools should be imparted andmade available to the Ground Water Officersand managers for better visualization anddecisions in ground water management.

(15) There is at present a multiplicity ofauthorities and bodies, such as the Departmentof Health, Municipal bodies, Village Panchayats,etc. which regulate the sinking of wells. Eachof these agencies administers partial aspectsof ground water regulation. Besides leaving


28

gaps in regulation, such diffusion and divisionof responsibility creates overlaps of jurisdictionand inconvenience to well owners. To avoidoverlapping of jurisdictions and to bring aboutunity in regulation, proper co-ordination willbe established between all governmentauthorities and bodies.

(16) The Water Resources Department willco-ordinate its efforts with the Directorate ofHealth and the Goa State Pollution ControlBoard to ensure as extensive and effectivemonitoring of ground water quality as possible.

(17) All the bore wells will be drilled throughregistered bore well agencies registered withthe Department as per the Act.

(18) Spring is a contribution of ground waterto surface water regime. It is also calledinterflow. Inventories should be prepared bythe Department of all the springs in the State.Phase-wise surveys should be incorporated toinvestigate the present state and position of

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the springs, the quality of water beingdischarged and also the pollution aspect of thesame. Attempts should be made systematicallyto rejuvenate the springs and improve thequality of water discharged. Departmentshould prepare schemes for the same. Attemptsshould be made systematically to rejuvenatethe springs and improve the quality of waterdischarge wherever needed.

(19) The charges towards ground waterdrawals and transportation for various useswill be reviewed every alternate year.

(20) In their recommendation at para 9.3 ofthe Master Plan for Madei/ Mandovi river basin,the Panel of Experts (POE) set up by theGovernment of Goa have urged the use ofabandoned mining pits for water resourcesmanagement. To give effect to thisrecommendation, wherever feasible,abandoned mining pits will not be refilled.Such pits will be used to serve as a means of

ground water conservation and recharge.

Documents

Panaji, 2nd April, 2015 (Chaitra 12, 1937) SERIES I No. 1goaprintingpress.gov.in/downloads/1516/1516-1-SI-OG-0.pdf · Panaji, 2nd April, 2015 (Chaitra 12, 1937) ... Legislative in