Professional Documents
Culture Documents
3. Revised Rates for Service Charges (2)
3. Revised Rates for Service Charges (2)
GOAENG/2002/6410
PUBLISHED BY AUTHORITY
INDEX
Department Notification/Order/Corri. Subject Pages
1. Animal Hub. & Vet. Services Ord.- 2-13-93-AH/2013-14/ Revised rates for service charges. 172
Dir. & ex officio Jt. Secy. /650
2. a. Finance Not- DA/Admn/11-12/2013- Rules for conducting the Initial Recruitment 174
Rev. & Exp. Division -14/TR-304/17 Examination Training and Final Examination
Directorate of Accounts of the Accountants.
Dir. & ex officio Jt. Secy.
b. —do— Corri.- DA/Admn/11-12/ Correction done in the Notification Number. 175
/13-14/156
3. a. Goa Legislature Secretariat Bills- LA/LEGN/2013/329 The Goa Tax on Infrastructure (First Amendment) 176
Bill, 2013.
b. —do— LA/LEGN/2013/330 The Indian Stamp (Goa Amendment) Bill, 2013. 181
c. —do— LA/LEGN/2013/331 The Goa Value Added Tax (Seventh Amendment) 198
Bill, 2013.
d. —do— LA/LEGN/2013/332 The Goa Entertainment Tax (Amendment) Bill,2013. 225
e. —do— LA/LEGN/2013/333 The Goa Tax on Entry of Goods (Amendment) 230
Bill, 2013.
f. —do— LA/LEGN/2013/373 The Goa Land (Prohibition on Construction) 241
(Amendment) Bill, 2013.
g. —do— LA/LEGN/2013/374 The Goa (Right of Citizens to Time-bound Delivery 244
of Public Services) Bill, 2013.
h. —do— LA/LEGN/2013/382 The Goa Appropriation (No. 3) Bill, 2013. 252
4. Information Technology Ord.- 1(125)/DOIT/Contract Creation of posts– Dte. of Information Technology. 255
Dir. & ex officio Jt. Secy. Appointment/2012/262
5. Labour Not.- 24/14/2012-Lab/209 Scheme for giving stipend to the trainees belon- 256
Under Secretary ging to the SC/ST Community enrolled under
various Labour Welfare Centres in the State of Goa.
6. Law & Judiciary Not.- 8-36-2012-LD(Estt)/ Remission of fees for the registration of Deed of 257
Law (Estt.) Division /689 Gift of Land.
Under Secretary
7. Personnel Ord.- 15/7/2003-PER Results of Departmental Examination for Officers. 257
Under Secretary
8. Public Health Ord.- 38/79/2013-I/PHD Change in name of Tisk Usgao Hospital. 258
Under Secretary
9. Revenue Not.- 16-11-2009/RD(Part) Draft Rules— The Goa Land Revenue (Inspection, 258
Under Secretary Search and Supply of Copies of Land Records)
(Amendment) Rules, 2013.
10. Transport Not.- D.Tpt/STA/1275/2013 Rates fixed for Self Employed Tourist Taxi 259
Dte. of Transport Operators.
Dir. & ex officio Addl. Secy.
11. a. Women & Child Devep. Not.- 2-98-2008/DW&CD/ Amendment to Retirement Benefit Scheme for 260
Dir. & ex officio Jt. Secy. /ICDS(3)/4234 Anganwadi Workers/Anganwadi Helpers.
b. —do— Ord.- 2-73-97-ICDS/Part-VI/ Revision of existing rate of honorarium to the 261
/4235 Anganwadi Workers/Anganwadi Helpers.
c. —do— 2/279/LL/2012/DW&CD/4231 Laadli Laxmi Scheme. 262
171
Suggestions are welcome on e-mail: dir–gpps.goa@nic.in
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
GOVERNMENT OF GOA
Department of Animal Husbandry
Directorate of Animal Husbandry & Veterinary Services
___
Order
2-13-93-AH/2013-14/650
The Government has approved the revision for Service Charges for various services provided
by the Department of Animal Husbandry & Veterinary Services and the revised rates of the
services are hereby published for the information of the general public.
Sr. No. Item of Revenue Receipt Revised Rate
1. Sale of milk (cows) Rs. 36/- per litre
(buffaloes) Rs. 40/- per litre
2. Sale of manure (cow dung) Rs. 500/- per M.T.
3. Sale of Green Fodder Re. 1/- per kg.
4. Sale of fruits
Mango for 3 years(Auction) Rs. 65,000/-
Coconut for 3 years(Auction) Rs. 30,000/-
Cashew for 3 years(Auction) Rs. 10,000/-
5. Surplus animals Rate is variable de-
pending on age,
sex, stage of lacta-
tion, breed etc.
6. Sale of poultry birds Rs. 30/- to Rs. 175/-
depending upon
the age.
7. Culled poultry birds Rs. 75/- each.
8. Poultry manure Rs. 500/- per M.T.
9. Cess on fluid milk 0.15 paise per litre
of milk sold.
LARGE ANIMALS INCLUDING GOATS, SHEEP & PIGS:
10. 1st visit for a new treatment case to the farmer’s house Rs. 20/-
and repeat visit for same case Rs. 10/-
11. Cases brought at the Centres (per visit) Rs. 5/-
12. Post bite anti-vaccine per shot per animal Rs. 20/-
13. Vaccination against infectious and contagious disease would continue to
remain free —
14. No charges are to be collected when reports for infectious and contagious
diseases are attended —
15. All artificial inseminations as many times required and treatment of infertility
cases will be provided free of cost to large animals —
16. Major Surgery Rs.100/-
17. Minor Surgery Rs. 50/-
18. Post operative care will be provided free of cost to large animals —
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SERIES I No. 6 9TH MAY, 2013
GENERAL:
30. Radiography Examination (X’Ray) Rs. 500/-
31. Ultra Sonography Rs. 500/-
32. Euthanasia (for small and large animals also) Rs. 200/-
33. Processing fees for various Departmental Schemes Rs. 50/-
34. Issue of Health Certificates for transport of animals outside India Rs. 500/-
35. Issue of Health Certificates for transport of animals within India Rs. 300/-
36. Farm manure of Cattle and Piggery Farms (per metric tonne) Rs. 400/-
37. Per bundle of 25 kgs. of dry hay Rs. 100/-
173
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SERIES I No. 6 9TH MAY, 2013
48. Meat examined and certified for export including issue of certificate per kg. wt. Rs. 2/-
49. Animals belonging to Government Department and Dwarka Goseva Ashram
will be provided with free services —
ACCOMMODATION:
50. Self contained rooms for guests, other than STC/FTC trainee (Twin Sharing) Rs. 300/- per day
Paper (I)
Duration: 03 hours
Paper type: Subjective (90%) & Objective (10%)
Paper (II)
Duration: 02 hours
Paper type: Subjective (50%) & Objective (50%)
174
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
Subject Maximum marks Minimum qualifying
allotted marks
Section(A): Mathematics 30 15
Averages, Ratio & Proportion, Computation of Interest (Simple
and Compound Interest), Permutation & Combination, Linear
& Simultaneous equations, Mensuration and Geometry,
Statistics, Probability.
Section(B): Book keeping & Accountancy 20 10
Book keeping & Accountancy, Accounting Principles, Accounting
Standards, Recording of transactions & Preparation of Trial Balance,
Depreciation, Income tax calculations.
Section(C): Basic Service & Accounts Rules 50 25
FR/SR, TA/DA Rules, Medical Attendance Rules, Pay & Other
Allowances Rules, Leave Rules, L. T .C. Rules, Loans & Advances to
Government Servants, GPF/LPS Rules, Works Manual.
4. All departmental candidates who are the extent guidelines issued in this regard from
declared successful as per the qualifying time to time.
criteria laid down above shall be called for a
By order and in the name of the Governor
viva-voce/oral interview to be conducted by
of Goa.
the Depar tmental Selection Committee
comprising of the Director of Accounts, the G. S. Potekar, Director & ex officio Joint
next immediate senior officer of the Directorate Secretary (Accounts).
of Accounts and the Under Secretary to the Panaji, 6th May, 2013.
Finance Department, Government of Goa.
_________
5. The selection criteria shall be as follows: Corrigendum
DA/Admn/11-12/13-14/156
The written examination will carry a
weightage of 85% while viva voce/oral Read: (1) Notification No. DA/Admn/11-12/13-
interview will carry a weightage of 15%. The -14/01 dated 12-4-2013.
marks secured by the depar tmental (2) Corrigendum No. DA/Admn/11-12/
candidates in written examination will be /13-14/07 dated 12-4-2013.
computed proportionate to 85 marks and In the above cited Notification the
maximum of 15 marks will be awarded at oral expression “Read: Notification No. 4/13-2/66/
interview stage. If the departmental candidate /Vol.II/1568 dated 25-12-1966 published in
does not appear for the oral interview or scores the Official Gazette, Series I No. 39 dated
zero mark during oral interview shall not be 29-12-1966,” shall be substituted as
“Notification No. 4/18-2/66/Vol.II/1568 dated
considered for selection. Appearing for oral/
25-12-1966 published in the Government
viva voce is mandatory.
Gazette, Series I No. 39 dated 29-12-1966.”
6. A merit list will be drawn for the purpose The other contents of the order remain
of selection and offer of appointment shall be unchanged.
given as and when vacancies occur during the By order and in the name of the Governor
recruitment year. of Goa.
7. The other condition for recruitment, Gurunath S. Potekar, Director & ex officio
reservation and procedure for application shall Joint Secretary (Accounts).
be as defined by the Government and as per Panaji, 3rd May, 2013.
175
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
176
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(iii) in sub-section (5), for the word “tax”, (i) in section 5 and in any other sections,
wherever it occurs, the words “tax or for the word “tax” wherever it occurs, the
service charge” shall be substituted; words “tax or service charge” shall be
substituted;
(iv) for sub-section (6), the following sub-
(ii) in section 5, for the words “industrial
-section shall be substituted, namely:—
building”, wherever it occurs, the words
“(6) The tax and ser vice charge “industrial building or other building” shall
collected by the Competent Authority be substituted.
shall be credited into the Government 5. Amendment of section 6.— In sub-
Treasury and shall be utilized for works -section (1) of section 6 of the principal Act,
identified by the Government, such as, for the words “industrial building, wherever
provision of water, power and it occurs, the words “industrial building or
other building” shall be substituted.
development of other physical
infrastructure.”. 6. Substitution of the Schedule.— For the
Schedule appended to the principal Act, the
4. Amendment of section 5.— In the following Schedule shall be substituted,
principal Act,— namely:—
“SCHEDULE
Rate of infrastructure tax payable, per square meter of built up area
(1) (2) (3) (4)
Residential building Commercial Industrial Other Buildings
building building
(1) Category A NIL Rs. 200/- Rs. 800/- Rs. 250/- 25% of 50% of 50% of Rs. Rs.
Coastal the rate the rate the rate 25,000/- 200/-.
Panchayat appli- appli- applica- per
areas and cable to cable to ble to struc-
five major residen- indus- commer- ture
towns, tial trial cial
namely, building building building
Panaji,
Mapusa,
Ponda,
Mormugao
and
Margao
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
Rate of infrastructure tax payable, per square meter of built up area.
(1) (2) (3) (4)
Residential building Commercial Industrial Other Buildings
building building
(A) (B) (A) (B) (C) (D) (E)
(2) Category B NIL Rs. 200/- Rs. 600/- Rs. 250/- 25% of 50% of 50% of Rs. Rs.
Other the rate the rate the rate 15,000/- 200/-.
Municipal appli- appli- appli- per
towns, cable to cable to cable to struc-
Census residen- indus- commer- ture
towns and tial trial cial
Village building building building
Panchayats
adjoining
or conti-
guous to
the major
towns of
Panaji,
Mapusa,
Ponda,
Mormugao
and
Margao
(3) Category C NIL Rs. 200/- Rs. 400/- Rs. 250/- 25% of 50% of 50% of Rs. Rs.
Other the rate the rate the rate 10,000/- 200/-.
Village appli- appli- appli- per
Panchayat cable to cable to cable to struc-
areas residen- indus- commer- ture
tial trial cial
building building building
(4) Service NIL 75% of 75% of 75% of 75% of 75% of 75% of 75% of 75%
charge for the rate the rate the rate the rate the rate the rate the rate of the
buildings specified specified specified specified specified specified speci- rate
con- in respec- in in in in in fied in appli-
structed tive respec- respec- respec- respec- respec- respec- cable
by any category tive tive tive tive tive tive to
corporation above category category category category category cat- resi-
or under- above above above above above egory dential
taking above build-
constituted ing in
under the respec-
Central or tive
State cat-
enactment, egory
or any above.
State
Govern-
ment, or
local
bodies, in
land/area
specified
above
178
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
Statement of Objects and Reasons charge collected under the said Act, for the
works identified by the Government, such
The Goa Tax on Infrastructure Tax Act, 2009
as, provision of water, power and
(Goa Act 20 of 2009) provides for levy of
development other related physical
infrastructure tax as per the floor area of the
infrastructure.
building. However, around 20% to 30% of the
area covered under stilt floors, basement Financial Memorandum
floors, mezzanine floors, balconies, passages,
lobbies, stair cases, etc., are not covered No financial implications are involved in
this Bill. However, the enhancement of the
under the “floor area”, as per the definition
rates of infrastructure tax, and levy of service
of term “floor area” in the Goa Land
charge, as per different geographical
Development and Building Construction locations and urbanization trend as proposed
Regulations, 2010. These spaces are integral in this Bill would generate additional revenue
part of the main building and also consume of approximately Rs. 70 crores to the
the infrastructure facilities directly and as Government.
such, it is felt necessary to bring the said
area under the tax net. Hence, the Bill seeks Memorandum Regarding Delegated
to amend section 2 of the said Act so as to Legislation
define term “built up area” and omit clause
No delegated legislation is involved in this
(d) thereof.
Bill.
Similarly, there are many constructions
other than residential, commercial and Porvorim Goa MANOHAR PARRIKAR
industrial such as institutional buildings other Dated: 23rd April, 2013. Chief Minister/
than educational buildings, building and /Minister for TCP
structures for transpor tation and
Assembly Hall, N. B. SUBHEDAR
telecommunication use, farm houses, dance
floors, etc. which need to be brought under Porvorim Goa Secretary to the Legislative
the taxation. Dated: 23rd April, 2013. Assembly of Goa.
_________
The Bill, therefore seeks to insert sub- (Annexure to Bill No. 15 of 2013)
-section (1A) to section 3 of the said Act. ......................................................................................................
The Goa Tax on Infrastructure Act, 2009
Goa has three physiographical regions,
.....................................................................................................
namely, the coastal area, midland areas and
western ghats. Major developments and 2. Definitions.— In this Act, unless the context
infrastructure developments are concen- otherwise requires.—
trated in the coastal areas and in the major (a) “classification of land” means the
towns like Panaji, Mapusa, Ponda, Mormugao classification assigned to land by zoning or use;
and Margao. Commercial establishments like (b) “commercial building” means a building
shopping malls, arcades, hotels and resorts or structure consisting of shop, godown or office
require major infrastructure facilities. The premises, either on ground floor or any other
village areas, contiguous to the major towns, floor, used wholly or partly for business activities;
many of which are identified as Census towns (c) “competent authority” means such
in the Census of India, are also showing authority or officer of the Government, as the
higher degree of urbanization and require Government may, by notification in the Official
more infrastructure facilities. Hence, the Bill Gazette, specify;
seeks to amend the Schedule to the said Act, (d) “floor area” means a floor area as defined
so as to amend the said Schedule suitably. in the Planning and Development Authority
(Development Plan) Regulations, 2000, or any
The Bill also seeks to amend sub-section subsequent regulations thereto made under the
Goa (Regulation of Land Development and
(6) of section 3 of the said Act so as to
Building Construction) Act, 2008 (Act 6 of 2008),
earmark and utilize the tax and service for the time being in force;
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(e) “Government” means the Government of session for a total period of thirty days which may
Goa; be comprised in one session or in two successive
(f) “industrial building” means any building sessions, and if, before the expiry of the session in
or structure constructed for the purpose of which it is so laid or the session immediately
carrying out medium and large scale industrial following, the Legislative Assembly agrees in
activities within or outside the areas earmarked making any modification in the notification or the
and notified as industrial estates/areas, but does Legislative Assembly agrees that the notification
not include building constructed for carrying should not be made and notify such decision in
out small scale industrial activity; the Official Gazette, the notification shall from the
date of publication of such decision have effect
(g) “infrastructure” means the provision of only in such modified form or be of no effect, as the
potable water, electricity and other amenities case may be, so however that any such modification
like roads, drains, foot paths, sewerage system, or annulment shall be without prejudice to the
etc.; validity of anything previously done or omitted to
(h) “local authority” means a Municipal be done under that notification.
Council constituted under the Goa (4) Where a licence for construction has already
Municipalities Act, 1968 (Act No. 7 of 1969) or a been issued to any person before the
Panchayat constituted under the Goa Panchayat commencement of this Act, the infrastructure tax
Raj Act, 1994 (Act No. 14 of 1994) or a Municipal shall be levied and paid at the time of the renewal
Corporation constituted under any law and of the construction licence or before the issuance
includes the Goa Industrial Development of the occupancy certificate/completion certificate,
Corporation constituted under the Goa whichever is earlier, after carrying out assessment
Industries Development Act, 1965 (22 of 1965); of tax through the Competent Authority under this
(i) “notification” means a notification Act.
published in the Official Gazette;
(5) The tax on infrastructure payable under sub-
(j) “prescribed” means prescribed by the rules -section (1), shall be assessed and collected by the
made under the Act; Competent Authority at the time of approving the
construction plan or at the time of issuing
(k) “residential building” means any building
construction licence.
or structure consisting either of a single self
contained unit having built up area of more Explanation:— While assessing the said tax
than 100 square meters or more than one under this Act,—
independent unit used for domestic purpose but (a) where a building proposed to be
does not include building constructed for constructed is in a land earmarked for
educational institution, orphanage, old age commercial use/zone, the rate of tax applicable
home, home for spastic/retarded children or by thereto shall be as applicable to commercial
any other non-profitable organization and such buildings irrespective of its use;
other organizations as may be notified by the
Government in public interest; (b) where a building proposed to be
constructed is in a land earmarked for other use
(l) “Schedule” means the Schedule appended or in zone other than commercial zone, in any
to this Act. plan in force, such as residential or settlement
3. Tax on Infrastructure.— (1) On any zone, where commercial utilization of building
construction to be undertaken by any person on is done partly on the ground floor or any other
any land specified in the Schedule hereto, there floor, the rate of tax applicable to commercial
shall be levied and paid a tax on infrastructure at buildings shall be changed only to the floor
the rates specified in the said Schedule. area which is used for commercial purpose while
for other area of the building which is used for
(2) The Government may by notification in the
residential purpose, the rate applicable to
Official Gazette, amend any entry in the Schedule
residential building shall be charged while
and the Schedule shall be deemed to have been
assessing infrastructure tax.
amended accordingly.
(3) Every notification made under sub-section (6) The tax collected by the Competent
(2) shall be laid as soon as may be after it is made Authority shall be credited into the Government
on the table of Legislative Assembly while it is in Treasury.
180
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(7) Any person aggrieved by an assessment made (8) An appeal under sub-section (7) shall set out
by the competent authority under sub-section (5) the grounds of appeal and shall be verified by the
may, within thirty days of communication of such appellant. It shall accompany the order of the
assessment by the competent authority, prefer an competent authority and its enclosures if any. The
appeal before the prescribed authority whose appellant shall also pay a fee of Rupees one
decision shall be final and binding on all parties. thousand in the form of Court fee.
SCHEDULE
(See section 3)
Classification of land use in Category of building or structure build Rate of tax on infrastruc
outline development plan on the land mentioned in outline ture payable per square
(odp)/zoning plans development plan (odp)/zoning plans meter of floor area
and as specified in column (i)
(1) (2) (3)
Residential (1) Residential building or structure which Nil
admeasures 100 square metre or below
(2) Residential building or structure which
admeasures 101 square metre or above Rs. 150/-
Commercial (3) Commercial building or structure Rs. 350/-
Industrial (4) Industrial building or structure Rs. 150/-
Classification of land use Category of building or structure build Rate of tax on infra-
in regional plan on the said land use in regional plan structure payable per
square meter of floor area
Settlement Residential (1) Residential building or structure which NIL
admeasures 100 square metres or less
(2) Residential building or structure which Rs. 150/-
admeasures 101 square metres or above
Commercial (3) Commercial building or structure Rs. 350/-
Industrial (4) Industrial building or structure Rs. 150/-
181
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(vii) against Article 9, in column (2), for (xiii) for Article 25, the following Article
the words “Ten rupees”, the words “One shall be substituted, namely:—
hundred rupees” shall be substituted;
“25. CUSTOMS-BOND OR EXCISE-BOND
(viii) against Article 17, in column (2),
for the words “Fifteen rupees”, the words (a) where the amount The same duty as
“One hundred rupees” shall be does not exceed a Bond (Article
substituted; Rs. 2,500/- 15) for such
amount.
(ix) against Article 18, in column (2), (b) in any other case One hundred
for the expression “ar ticle 23 for a
rupees.
consideration equal to the amount of the
”;
purchase money”, the expression “Article
22, on the market value of the property”
(xiv) for Article 30, the following Article
shall be substituted;
shall be substituted, namely:—
(x) against Article 19, in column (2), for
the words “Ten rupees” the words “One “30. EXCHANGE OF The same duty as
hundred rupees”, shall be substituted; P R O P E RTY- I n s t r u - is leviable on a
ment of– conveyance
(xi) against Article 20, in column (2), for under clause (a)
the words “Thirty rupees” the words “One or (b), as the
hundred rupees” shall be substituted; case may be, of
Ar ticle No. 22,
(xii) for Article 21, the following Article on the total
shall be substituted, namely:— market value of
the properties
“21. COMPOSITION-
exchanged.
-DEED,
EXTRACT – See Copy
that is to say any Two hundred (Article 23)
instrument executed rupees. EXCISE BOND – See
by a debtor except an
Customs Bond or
agreement, whereby
Excise Bond
he conveys his
(Article 25).
property for the ”;
184
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(xv) against Article 32, in column (2), tion in partnership,
for the expression “as the case may be of or where such
Article 22 for a consideration equal to the share contribu-
value of the property”, the expression “as tion brought in by
the case may be, of Article 22, on the way of cash does
market value of the property” shall be not exceed
substituted; rupees 50,000/-
(xvi) against Article 33, in column (2), (b) where such share Five hundred
for the expression “The same duty as a contribution rupees, subject to
security Bond (Article 57) for the same brought in by a maximum duty
amount”, the words “Five hundred way of cash is in of rupees five
rupees” shall be substituted; excess of rupees thousand.
50,000/-, for every
(xvii) after Article 34, the following new
rupees 50,000/- or
Article shall be inserted, namely:—
part thereof
“34A. LEAVE AND LICENCE (c) where such share The same duty as
AGREEMENT— contribution is is leviable on
brought in by conveyance
(a) if relating to re- Five hundred way of property, under clause (a)
sidential premises rupees excluding cash or (b), as the case
may be, of Article
(b) if relating to One thousand 22, on the market
non-residential pre- rupees value of such
mises property.
”; (2) Dissolution of
partnership or retire-
(xviii) against Article 38, in column (2),
ment of partner—
for the words “One hundred and fifty
rupees”, the words “Five hundred rupees” (a) where on a The same duty as
shall be substituted; dissolution of the is leviable on a
partnership or on conveyance
(xix) against Article 41, in column (2), retirement of a under clause
for the words “Twenty rupees”, the words par tner any (a) or (b), as the
“Thirty rupees” shall be substituted; property is taken case may be,
as his share by a of Ar ticle 22,
(xx) against Article 44, in column (2), on the market
par tner other
for the expression “for the amount of the value of such
than a par tner
value”, the expression “on the market property, subject
who brought in
value” shall be substituted; to a minimum
that property as
his share of of rupees one
(xxi) for Article 45, the following Article
contribution in hundred.
shall be substituted, namely:—
the partnership
“45. PARTNERSHIP— (b) in any other case Two hundred
rupees.
(2) Instrument of part- ”;
nership— (xxii) for Article 48, the following Article
shall be substituted, namely:—
(a) where there is no Five hundred “48. POWER OF ATTOR-
share of contribu- rupees. NEY not being a Proxy:—
185
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(xxiii) against Article 50, in column (2), Explanation I.— For
for the words “Four rupees”, the words the purpose of clause
“One hundred rupees” shall be (b), “securities” means
substituted; the securities as defined
(xxiv) against Article 51, in column (2), in clause (h) of section
for the words “Five rupees”, the words 2 of the Securities
“One hundred rupees” shall be Contract (Regulation)
substituted; Act, 1956 (Central Act
(xxv) against Article 54, in column (2), 42 of 1956).
for the words “Fifty rupees”, the words ”;
“One thousand rupees” shall be (xxvii) for Article 55, the following Article
substituted; shall be substituted, namely:—
(xxvi) after Article 54, the following new “55. RELEASE, that is
Article shall be inserted, namely:— to say, any instrument
(not being an instru-
“54A. RECORD OF
ment as is provided by
TRANSACTION
section 23A) whereby a
(Electronics or other-
person renounces a
wise) effected by a
claim upon other person
trading member through
or against any specified
a stock exchange or the
property,—
association referred to in
section 10A— (a) if the release deed of One thousand
an ancestral property rupees.
(a) if relating to sale or 0.005 percent of or par t thereof is
purchase of Govern- the value of executed by or in
ment securities security. favour of brother or
sister (children of
(b) if relating to pur-
renouncer’s parents)
chase or sale of
or son or daughter or
securities, other than
son of pre-deceased
those falling under
son or daughter of
item (a) above—
pre-deceased son or
(i) in case of delivery father or mother or
0.005 percent of
spouse of the
the value of
renouncer or the
security.
legal heirs of the
(ii) in case of non- 0.005 percent of above relations
-delivery the value of (b) in any other case The same duty as
security.
is leviable on a
(c) if relating to futures 0.005 percent of conveyance
and options trading the value of under clause (a)
the futures and or (b), as the
options trading. case may be, of
Ar ticle 22, on
(d) if relating to forward 0.005 percent of the market value
contracts of commo- the value of the of the share,
dities traded through forward contract. interest, part or
an association or claim renounced.
otherwise ”;
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SERIES I No. 6 9TH MAY, 2013
(xxviii) for Article 59, the following (a) without any consi- One thousand
Article shall be substituted, namely:— deration rupees.
(b) with consideration The same duty
“59. SHARE WARRANTS Five rupees.
to bearer issued under the as is leviable on
Companies Act, 1956 (1 of a conveyance
1956), for every rupees five under clause (a)
hundred or part thereof or (b), as the
case may be, of
Exemption Ar ticle 22, on
Share warrant when the amount of
issued by a company in consideration.
pursuance of the provi- Explanation.— For the
sions of section 114 of the purposes of this Article,
Companies Act, 1956 (1 of return of money paid as
1956), to have effect only advance or security
upon payment as compo- deposit by lessee to the
sition for that duty, to the lessor shall not be
Collector— treated as consideration
for the surrender.
(a) one and a half per ”;
centum of the whole
subscribed capital of (xxxi) for Article 63, the following Article
the company, or shall be substituted, namely:—
(b) if any company “63. TRANSFER OF The same duty
which has paid the LEASE by way of as is leviable on
said duty or compo- assignment and not by a conveyance
sition in full subse- way of underlease or by under clause (a)
quently issues in way of decree or final order or (b), as the
addition to its passed by any Civil Court case may be,
subscribed capital, or any Revenue Officer of Ar ticle 22,
one and a half per on the market
centum of the value of the
additional capital so property, which
issued. is the subject
SCRIP, See Certificate matter of transfer.
(Article 19).
”; ”;
(xxix) against Article 60, in column (2), (xxxii) for Article 64, the following Article
for the words “One rupee”, the words shall be substituted, namely:—
“One hundred rupees” shall be
substituted; “64. TRUST—A. Declara-
tion of - of, or concerning,
(xxx) for Article 61, the following Article any property when made
shall be substituted, namely:— by any writing not being
“61. SURRENDER OF a Will,—
LEASE including an
agreement for surrender of (a) where there is dis-
lease— position of property,—
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(i) where the Trust Ten rupees for VALUATION– See App-
is made for a ever y rupees raisement (Article 8).
religious or chari- five hundred or ”;
table purpose part thereof of a
sum equal to the (xxxiii) after Article 65, the following
amount settled new Article shall be inserted, namely:—
or market value
of the property “66. WORKS CONTRACT,
settled. that is to say, a contract
(ii) in any other case The same duty as for works and labour or
is leviable on a services involving transfer
conveyance of proper ty in goods
under clause (a) (whether as goods or in
or (b), as the some other form) in its
case may be, of execution and includes a
Article 22, for a sub-contract,—
sum equal to the
amount settled (a) where the amount One hundred
or the market or value set forth rupees.
value of the in such contract
property settled. does not exceed
rupees ten lakh
(b) where there is The same duty as
no disposition of a Bond (Article (b) where it exceeds One hundred
property,— 15) for a sum rupees ten lakh rupees for every
equal to the rupees one lakh
(i) where the trust
amount settled or part thereof in
is made for a
or market value excess of rupees
religious or chari-
of the property ten lakh, subject
table purpose
settled, but not to a maximum of
exceeding two rupees five lakh.
hundred rupees.
”;
(ii) in any other case The same duty as Statement of Objects and Reasons
a Bond (Article
15) for a sum The Bill seeks to amend the Indian Stamp
equal to the Act, 1899 (Central Act 2 of 1899), in its
amount settled application to the State of Goa (hereinafter
or market value referred to as the “said Act”) so as to define
of the property
the terms “Association” and “market value”
settled.
and re-define the word “marketable security”
B. Revocation of — of, The same duty as in the said Act.
or concerning, any a Bond (Article
property when made by 15) for a sum The Bill further seeks to redefine the term
any instrument other than equal to the
“Conveyance” so as to include a decree or
a Will amount settled
or market value final order of any Civil Court and every order
of the property made by the High Court under section 394
settled, but not of the Companies Act, 1956 (Central Act 1 of
exceeding two 1956) in respect of amalgamation or
hundred rupees. reconstruction of companies; and every order
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SERIES I No. 6 9TH MAY, 2013
made by the Reserve Bank of India under Governor’s Recommendation under Article
section 44 A of the Banking Regulation Act, 207 of the Constitution of India
1949 (Central Act 10 of 1949) in respect of In pursuance of Article 207 of the
amalgamation or reconstruction of Banking
Constitution of India, I, Bharat Vir Wanchoo,
Companies, which has the effect of
Governor of Goa, hereby recommend the
transferring property.
introduction and consideration of the Indian
The Bill further seeks to amend section 3A Stamp (Goa Amendment) Bill, 2013, by the
of the said Act so as to fix separate stamp Legislative Assembly of Goa.
duty for mining lease for Manganese, Bauxite ________
and mining lease for more than one minerals.
ANNEXURE
The Bill further seeks to insert section 10A ................................................................................................................................................
Extract of sections 2(1), 2(10), 2(16A), 10, 33 and
in said Act so as to enable the stock
47A of, and Articles 2, 3, 4, 5, 7, 8, 9, 17, 18, 19,
exchange or association to collect the stamp 20, 21, 25, 30, 32, 33, 34, 38, 41, 44, 45, 48, 50, 51,
duty by deducting the same from trading 54, 55, 59, 60, 61, 63, 64 and 65 of the Schedule
members account and transfer the same to I-A appended to, the Indian Stamp Act, 1899
the Government Treasury or Sub-Treasury. (2 of 1899), as in force in the State of Goa
........................................................................................................
The Bill further seeks to amend section 47A
of the said Act so as to make provision for Section 2(1)
dealing with instruments of conveyance, etc. 2(1) “Banker” includes a bank and any person
which are undervalued. acting as a banker;
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(b) in the case of instruments stamped with pay order, make an endorsement to that effect on
impressed stamps— the number of stamps which the instruments to the following effect, after
may be used; cancelling such receipt or challan so that it cannot
be used again, namely:—
(c) in the case of bills of exchange or promissory
notes the size of the paper on which they are
“Stamp duty of Rs............... paid in cash or by
written.
demand draft or by pay order vide Receipt/Challan
[“(2A) The Chief Controlling Revenue No. ........... dated the ....................
Authority, may subject to such conditions as
he made deem fit to impose, authorise use of
franking machine or any other machine Signature of the Chief
specified under sub-clause (d) of clause (13) of Controlling Revenue Authority
section 2, for making impressions on
instruments chargeable with duties to
Provided that the period to be specified in the
indicate payment on such instruments.
notification shall not exceed a period of three
(2B)(a) Where the Chief Controlling Revenue months.
Authority is satisfied that having regard to
the extent of instruments executed and the Explanation:— For the purpose of this sub-
duty chargeable thereon, it is necessary in -section, the expression “demand draft” and “pay
public interest to authorise any person, body order” mean the demand draft or pay order issued
or organisation to such use of franking by the State Bank of India constituted under the
machine or any other machine, he may, by order State Bank of India Act, 1955, or, a corresponding
in writing, authorise such person, body or new bank constituted under section 3 of the Banking
organisation. Companies (Acquisition and Transfer of
Undertakings) Act, 1970, or, under section 3 of the
(b) Every such authorisation shall be subject Banking Companies (Acquisition and Transfer of
to such conditions, if any, as the Chief Undertaking) Act, 1980, or, any, other bank being a
Controlling Revenue Authority may, by any Scheduled Bank as defined in clause (e) of section
general or special order, specify in this behalf. 2 of the Reserve Bank of India Act, 1934.
(2C) The procedure to regulate the use of
(4) An impression made under sub-section (2A),
franking machine or any other machine as so
(2B) and (2C), or, as the case may be, an endorsement
authorised shall be such as the Chief
made under sub-section (3), or any instrument shall
Controlling Revenue Authority may, by order,
have the same effect as if duty of an amount equal to
determine.
the amount indicated in the impression or, as the
(3) Notwithstanding anything contained in case may be, stated in the endorsement has been
sub-section (1), where the Government, in relation paid in respect of, such payment has been indicated
to any area in the State, is satisfied that on account on such instrument by means of stamps, under sub-
of temporary shortage of stamps in any area in the -section (1).”.]
State, duly chargeable cannot be paid and payment
of duty cannot be indicated on instruments by means Section 33
of stamps, the Government, may, by notification in 33. Examination and impounding of
the Official Gazette, direct that, in such area and for instruments.— (1) Every person having by law or
such period as may be specified in such notification consent of parties authority to receive evidence, and
the duty may be paid in cash or by demand draft or every person in charge of a pubic office, except an
by pay order in any Government treasury of officer of police, before whom any instrument,
Government sub-treasury or any other place as the chargeable, in his opinion, with duty, is produced or
Government may, by notification in the Official comes in the performance of his functions, shall, if it
Gazette, appoint in this behalf and the receipt or appears to him that such instrument is not duly
challan therefore shall be given by the Officer in stamped, impound the same.
charge thereof. Such receipt or challan shall be
presented to the Chief Controlling Revenue (2) For that purpose every such person shall
Authority who shall, after due verification that the examine every instrument so chargeable and so
duty has been paid in cash or by demand draft or by produced or coming before him in order to ascertain
191
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
whether it is stamped with a stamp of the value and (a) as a condition of enrol-
description required by the law in force in when ment in the Armed Forces
such instrument was executed or first executed: of the Union;
Provided that–– (b) for the immediate pur-
pose of being filed or
(a) nothing herein contained shall be deemed
used in any Court or
to require any Magistrate or Judge of a criminal
before the officer of any
Court to examine or impound, if he does not think
Court; or
fit so to do, any instrument coming before him in
the course of any proceeding other than a (c) for the sole purpose of
proceeding under Chapter XII or Chapter XXXVI enabling any person to
of the Code of Criminal Procedure, 1898; receive any pension or
charitable allowance.
(b) in the case of a Judge of a High Court, the
duty of examining and impounding any 5. AGREEMENT OR MEMO-
instrument under this section may be delegated RANDUM OF AN AGREEMENT-
to such officer as the Court appoints in this behalf. (a) if relating to the sale of Fifteen rupees.
a bill of exchange
(3) For the purposes of this section, in cases of
doubt,— (b) if relating to the sale or Subject to maxi-
Government security or mum of fifteen
(a) the State Government may determine what share in an incorporated rupees twenty
offices shall be deemed to be public offices; and company or other body paise for every
(b) the State Government may determine who corporate. Fifteen rupees rupees 10.00 or
subject to maximum of fifteen part thereof of
shall be deemed to be persons in charge of public
rupees twenty paise for every the value of the
offices. Security or share.
rupees 10.00 or part thereof
Section 47A of the value of the Security or
Articles 2, 3, 4, 5, 7, 8, 9, 17, 18, 19, 20, 21, 25, share
30, 32, 33, 34, 38, 41, 44, 45, 48, 50, 51, 54, 55,
“(bb) if relating to an Rupees 100/- for
59, 60, 61, 63, 64 and 65 of the Schedule I-A property valued
agreement for the sale of an
2. Administration Bond, Immovable property. Rupees upto Rs. 1 lakh
including a bond given under 100/- for property valued upto or part thereof
the Indian Succession Act,1925, Rs. 1 lakh or part thereof and and for property
for property valued in valued in excess
or section 6 of the Government
of Rs. 1 lakh upto
Savings Banks Act, 1873— excess of Rs. 1 lakh upto Rs.5
Rs. 5 lakhs, Rs.
lakhs, Rs. 500/- per lakh or 500/- per lakh
(a) Where the amount does Hundred rupees
part thereof and for property or part thereof
not exceed Rs. 2,000
valued in excess of Rs. 5 and for property
(b) in any other case Fifty rupees. lakhs, Rs. 1,000/- per lakh or valued in excess
part thereof. of Rs. 5 lakhs,
3. Adoption Deed that is to Fifty rupees. Rs. 1,000/- per
say, any instrument (other than lakh or part
a Will) recording an adoption thereof.
or conferring or purporting to (c) if not otherwise Ten rupees.
confer an authority to adopt provided for
4. Affidavit, including an Twenty rupees. Exemptions
affirmation or declaration in the Agreement or memorandum
case of persons by law allowed of agreement—
to affirm or declare instead of (a) for or relating to the sale
swearing of goods or merchandise
Exemptions exclusively not being a
NOTE or MEMORAN-
Affidavit or declaration in DUM chargeable under
writing when made- No. 42;
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(b) made in the form of and not being on any
tenders to the Central manner obligatory bet-
Government for or ween parties either by
relating to any loan; agreement or operation
of law.
AGREEMENT TO LEASE.
See LEASE (No. 34) (b) Appraisement of crops
for the purpose of
7. APPOINTMENT IN EX- Fifty rupees. ascertaining the amount
ECUTION OF A POWER, to be given to a landlord
whether of trustees or of as rent.
property, movable or immo-
vable, where made by any 9. APPRENTICESHIP DEED, Ten rupees
writing not being a Will including every writing
relating to the service or tuition
8. APPRAISEMENT OF VA-
of any apprentice, clerk or
LUATION, made otherwise
servant placed with any
than under an order of the Court
master to learn any pro-
in the course of suit—
fession, trade or employment,
(a) where the amount or value One rupee not being ARTICLES OF
secured does not exceed CLERKSHIP (No. 11)
Rs. 10/-
Exemptions
where it exceeds Rs. 10/- One rupee Instrument of appren-
and does not exceed Rs. 50/- ticeship executed by a
where it exceeds Rs. 50/- Two rupees Magistrate under the
Apprentices Act, 1961 or by
and does not exceed Rs. 100/-
which a person is apprenticed
where it exceeds Rs. 100/- Three rupees by, or at the charge of any
and does not exceed Rs. 200/- pubic charity
where it exceeds Rs. 200/- Five rupees 17. CANCELLATION— instru- Fifteen rupees
and does not exceed Rs. 300/- ment of (including any
instrument by which any
where it exceeds Rs. 300/- Six rupees instrument previously execu-
and does not exceed Rs. 400/- ted is cancelled), if attested and
not otherwise provided for.
where it exceeds Rs. 400/- Seven rupees See also Release (No. 55),
and does not exceed Rs. 500/- Revocation of Settlement
Eight rupees (No. 58 B), Surrender of Lease
where it exceeds Rs. 500/-
(No. 61), Revocation of Trust
and does not exceed Rs. 600/-
(No. 64 B).
where it exceeds Rs. 600/- Nine rupees
and does not exceed Rs. 700/- 18. CERTIFICATE OF SALE
(in respect of each property put
where it exceeds Rs. 700/- Ten rupees up as a separate lot and sold)
and does not exceed Rs. 800/- granted to the purchaser of any
property sold by public auction
where it exceeds Rs. 800/- Eleven rupees
by a Civil or Revenue Court, or
and does not exceed Rs. 900/- Collector or other Revenue
where it exceeds Rs. 900/- Twelve rupees Officer or by an Officer of
and does not exceed Rs. Customs—
1000/- (a) where the purchase One rupee.
(a) In any other case Twenty rupees money does not exceed
Rs. 10/-
Exemptions
(a) Appraisement or valua- (b) where the purchase One rupee fifty
tion made for the informa- money exceeds Rs.10/- but paise.
tion of one party only does not exceed Rs. 25/-
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SERIES I No. 6 9TH MAY, 2013
(c) in any other case The same duty as 30. EXCHANGE OF (The same duty as
is leviable under PROPERTY— Instrument of— is leviable on a
clause (a) or (b), conveyance under
as the case may clause (a) or (b), as
be, of article 23 the case may be, of
for a considera- article No. 22 for a
tion equal to the consideration equal
amount of the to the value of the
purchase money. property of grea-
test value as set
forth in such
19. CERTIFICATE OR OTHER Ten rupees.
instrument).
DOCUMENT, evidencing the EXTRACT— See Copy
right or title of the holder (No. 23)
thereof, or any other person,
either to any shares, script or EXCISE BOND— See
stock in or any incorporated Customs Bond or Excise Bond
company or other body (No. 25)
corporate, or to become 33. INDEMNITY—BOND. The same duty as
proprietor of charges, script or a Security Bond
stock in or of any such company (No. 57) for the
or body same amount.
INSPECTORSHIP DEED— Same amount.
20. CHARTER-PARTY, that is Thirty rupees.
to say, any instrument (except See Composition Deed (No. 21).
an agreement for the hire of a INSURANCE— See Policy of
tug steamer), where by a vessel Insurance (No. 47)
or some specified principal part 34. LEASE, Including an
thereof is left for the specified under-lease or sub-lease and
purposes of charter, whether it any agreement to let or sublet.
includes a penalty clauses or
not (a) Where by such lease the
rent is fixed and no
21. COMPOSITION-DEED, Twenty-five premium is paid or
that is to say, any instrument rupees. delivered—
(except an agreement whereby
(i) where the lease Half of the duty
he convey his property for the
purports to be for a payable on a Bond
benefit of his creditors, or (No. 15) for the
term of less than one
whereby payment of a whole amount pay-
year
composition or dividend on able or deliverable
their debts is secured to the under such lease.
creditors or whereby provision Half of the duty
is made for the continuance of (ii) where the lease payable on a Bond
the debtor’s business under the purports to be for a (No. 15) for the
supervision of inspectors or term of not less than amount or value of
under letters of licence, for the one year, but not the average annual
benefit of his creditors— rent reserved.
more than five years
25. CUSTOMS-BOND OR One third of the
(iii) where the lease duty payable on a
EXCISE BOND—
purports to be for a Conveyance (No.
(a) where the amount The same duty term exceeding five 22) (a) as levied by
years and not this Act, for a consi-
does not exceed Rs. 1,000/- as a Bond
deration equal to
(No. 15) for such exceeding ten years
the amount or
amount. value of the
average annual
(b) in any other case Fifteen rupees. rent reserved.
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(iv) where the lease One third of the (viii) where the lease On third of the
purports to be for a duty payable on a purport to be for any duty payable on a
term exceeding ten conveyance (No. define term Conveyance (No.
years and not 22)(a) as levied by 22) (a) as levied by
exceeding twenty this Act, for a this Act, for a
years consideration consideration
equal to twice the equal to three
amount or value times the amount
of the average or value of the
annual rent average annual
reserved. rent which would
be paid or
One third of the delivered for the
(v) where the lease
duty payable on a ten years if the
purports to be for a
conveyance (No. lease continued
term exceeding 20
22) (a) as levied by so long.
years, but not
exceeding 30 years; this Act, for a (b) where lease is granted One third of the
consideration for a fine or premium or duty payable on
equal to three for money advanced and a Conveyance
times the amount where no rent is (No. 22) (a) as
or value of the reserved levied by this
average annual Act, for a
rent reserved. consideration
equal to the
(vi) where the lease One third of the amount or value
purports to be for a duty payable on a of such fine or
term exceeding 30 Conveyance (No. premium or
years, but not 22)(a) as levied by advance as set
exceeding 100 years this Act, for a forth in the lease.
consideration
(c) where lease is granted One third of the
equal to four
for a fine or premium or duty payable on a
times the amount
for money advanced in Conveyance (No.
or value of the
addition to rent is 22) (a) as levied by
average annual
reserved this Act, for a
rent reserved.
consideration
equal to the
(vii) where the lease One third of the
amount or value
purports to be for a duty payable on a
of such fine or
term exceeding 100 conveyance (No.
premium or
years or in perpetuity 22) (a) as levied by
advance as set
this Act, for a
forth in the lease,
consideration
in addition to the
equal in the case
duty which
of a lease granted
would have been
solely for agricul-
payable on such a
tural purposes to
lease if no fine or
1/10th and in any
premium or
other case to
advance had
1/6th of the whole
been paid or
amount of rent
delivered.
which would be
Exemptions
paid or delivered
in respect of the Lease executed in the case
first fifty years of of a cultivator and for the
lease. purposes of cultivation (inclu-
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
ding a lease of trees for the 41. NOTARIAL ACT, that is Twenty rupees.
production of food or drink) to say, any instrument, endor-
without the payment of sement, note, attestation,
delivery of any fine or premium certificate of entry not being a
when a define term is Protest (No. 50) made or signed
expressed and such term does by a Notary Public in the
not exceed one year, or when execution of the duties his
the average annual rent office, or by any other person
reserved does not exceed one lawfully acting as a Notary
hundred rupees. Public
See also Protest of Bill or
In this exemption a lease for
note (No. 50).
the purposes of cultivation
shall include a lease of land for
44.PARTITION Instrument of The same duty as
cultivation together with a
as defined by section 2 (15) a Bond (No. 15) for
homestead or tank.
the amount of the
Explanation I:— rent paid in value of the
advance shall be deemed to be separated share
the premium or money or shares of the
advanced within the meaning property.
of this article unless it is 45. PARTNERSHIP—
specifically provided in the A. Instrument of—
lease that rent paid in advance
will be set off towards the last (a) where the capital of the partnership does
installment or installments of not exceed Rs. 1,000/-.
rent. Rs.1,000/- Five rupees.
Explanation II:— When a Rs. 5,000/- Fifteen rupees.
lease undertakes to pay and Rs.10,000/- Twenty five
recurring charges such as rupees.
Government revenue, land-
Rs.15,000/- Fifty rupees.
lord’s share of ceases, or
owner’s share of municipal Rs. 20,000/- Seventy five
rates of taxes, which is by law rupees.
recoverable from the lessor and Rs. 25,000/- Hundred rupees.
also the cost repair and
(b) in any other case One hundred and
improvements paid by the
fifty rupee.
lessee; the amount so agreed to
be paid by the lessee shall be B. Dissolution of PAW N Fifty rupees.
deemed to be part of the rent. OR PLEDGE, See Agreement
38. MEMORANDUM OF ASSO- relating to Deposit of Title
CIATION OF A COMPANY— Deeds, Pawn or Pledge (No. 6)
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
(b) when required in suits or Twenty rupees. up by him with a view to the
proceedings under Presi- adjustment of losses or the
dency Small Clause calculation of averages and
Courts Act, 1982 every declaration in writing
(c) when authorizing one made by him against the
Twenty rupees.
person or more to act in a charters or the consignors for
single transaction other not loading or unloading the
than the case mentioned ship, when such declaration is
in clause (a) attested or certified by a Notary
Public or other person lawfully
(d) when authorizing not Forty rupees.
acting as such.
more than five persons to
act jointly and severally See also Note of Protest by
is more than one the Master of the Ship (No. 44).
transaction or generally
to act in a single
54. RECONVEYANCE OF The same duty is
transaction other than
MORTGAGED PROPERTY— leviable on a
the case mentioned in
clause (a) conveyance
(a) if the consideration for
under clause (a)
(e) when authorizing more Fifty rupees. which the property was
of Article 22 for
than five but not more mortgaged does not exceed
the amount of
than 10 persons to act Rs. 1,000/-
such considera-
jointly and severally in
more than one transac- tion as set forth
tion or generally in the reconve-
yance.
(f) when given for conside- The same duty as (b) In any other case—
ration and authoring the under clause (a) Fifty rupees.
attorney to sell any or (b) as the case 55. RELEASE, that is to say,
immovable property may be of Article any instrument (not being such
No. 22 for the by release as is provided for
amount of consi- section 23A) whereby a person
deration. renounces a claim upon
another person or against any
(g) in any other case Twenty rupees.
specified property—
N. B.:— The term “registra-
tion” includes every operations (a) if the amount or value of
incidental to registration under the claim does not The same duty as
the Indian Registration Act, exceed Rs.1,000/- a Bond (No.15) for
1908. such amount or
value as set forth
Explanation:— For the
in the release.
purpose of this article more
persons than one when (b) In any other case
belonging to the same firm shall Fifteen rupees.
be deemed to be one person. 59. SHARE WARRANTS to
50. PROTEST OF BILL OR Four rupees. bearer issued under the
NOTE, that is to say, any Companies Act, 1956.
declaration in writing made by
Exemptions
a Notary Public or other person
lawfully acting as such,
Share warrant when issued
attesting the dishonor of a bill
by a Company in pursuance of
of exchange or promissory note
the Company ’s Act, 1956
51. PROTEST BY THE Five rupees. section 114, to have effect only
MASTER OF A SHIP, that is to upon payment, as composition
say, any declaration of the for that duty, to the Collector if
particulars of her voyage drawn Stamp Revenue of—
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SERIES I No. 6 9TH MAY, 2013
(a) one-and-a-half per centum 65. WARRANT FOR GOODS, Twenty rupees.
of the whole subscribed that is to say, any instrument
capital of the company; or evidencing the title of any person
therein any named, or his
(b) if any company which has
assigns, or the holder thereof, to
paid the said duty or
the property in any goods, lying
composition in full
in or upon any dock, warehouse
subsequently issued an
or wharf such instrument being
addition to its scribed
signed or certified by or on
capital, one and half per
behalf of the person in whose
centum of the additional
custody such goods may be
capital so issued.
_________
SCRIP. See Certificate (No. 19).
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expression “any goods directly or other person organizing or conducting exhibition
wise, or organizing or conducting or event or programme so conducted:
exhibition or any event or programme
either for sale of goods or for promoting Provided further that the owner of the
goods for sale,” shall be substituted; property where the exhibition or event or
programme is to be held, shall be jointly
(ii) in clause (ac), for the existing sub- and severally liable to pay tax that may
-clause (b), the following sub-clause shall become due on sale of goods made in such
be substituted, namely:— exhibition or event or programme if he fails
to inform the Commissioner about renting/
“(b) transfer of property in goods
/leasing/letting out of his proper ty,
(whether as goods or in some other form)
whether residential or commercial, or any
involved in execution of a works contract
open space, alongwith the details of dealer
including an agreement for carrying out
or person conducting the exhibition or
the work of building, construction,
event or programme as well as the
manufacture, processing, fabrication,
conditions subject to which the said
erection, installation, fitting, improve-
property is rented/leased/let out and any
ment, modification, repair or commis-
other relevant information.
sioning of any movable or immovable
property, for cash, deferred payment or
Explanation:—
other valuable consideration;”.
3. Amendment of section 3.— In section 3 (1) Self Help Groups means Self Help
of the principal Act, for sub-section (9), the Groups registered with the Rural
following sub-section shall be substituted, Development Agency or with the Registrar
namely:— of Co-operative Society or any other
Government Department as Self Help
“(9) Special liability of person organizing Groups within the State of Goa and are
or conducting exhibition or event or selling goods manufactured by themselves.
programme.— Any person organizing or
conducting exhibition or event or (2) For the purpose of calculation of tax
programme either for sale of goods or for to be paid in advance, the stalls occupied
promoting goods for sale, by providing by dealers holding valid registration under
stalls or space to other persons or dealers this Act, and the self help groups shall not
under the banner of specific name or be included while making such
otherwise or under a common roof or calculation, provided prior permission of
otherwise shall be liable to pay tax on all the Commissioner is obtained by them for
taxable sales effected by all such persons their participation in such exhibitions,
or dealers participating in such exhibition event, or programme in a prescribed
or event or programme other than the manner”.
dealers who are already registered under
this Act and self help groups participating 4. Amendment of section 5.— In section 5
in such exhibition or event or programme: of the principal Act,- after sub-section (4),
the following sub-section shall be inserted,
Provided that no person shall be allowed namely:—
to carry on such exhibition or event or
programme without obtaining prior written “(5) Determination of rate of tax on
permission of the Commissioner as per the Industrial Inputs.— The Commissioner
procedure prescribed and payment in may, on an application made by a
advance of estimated tax. The advance registered dealer who is a manufacturer,
estimated tax shall be adjusted towards by way of Notification in the Official
the output tax liability payable by the Gazette, declare certain types or class of
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goods as industrial inputs for that dealer, (i) in sub-section (1), the following
in order to avail concessional rate of tax.”. provisos shall be inserted, namely:—
5. Insertion of new section 6A.— After “Provided that when any goods
section 6 of the principal Act, the following purchased in the State are subsequently
new section shall be inserted, namely:— sold at lower price than the purchase
price, the excess of input tax credit over
“6A. Reimbursement of tax paid by
output tax credit in respect of such
tourists on purchases and by airlines
goods shall be refunded only on proper
operating on domestic sector on Aviation
verification by the Assessing Authority,
Turbine Fuel.— (1) The Government may,
in the manner prescribed:
by notification in the Official Gazette, frame
a scheme for refund of tax paid by tourists Provided further that if the Assessing
holding Indian or foreign passport or both Authority has any doubt as to the
on purchases made by them within the genuineness of such claim, he shall refer
State. to the Commissioner and the
Commissioner shall decide the same by
(2) The Government may, by notification order in writing and after giving an
in the Official Gazette, frame a scheme for opportunity of being heard to the dealer:
refund of tax paid by airlines operating on
domestic sector on purchase of aviation Provided also that a dealer whose
turbine fuel.”. certificate of registration is suspended
shall not be entitled to claim any input
6. Amendment of section 7.— In section 7 tax credit during the period of
of the principal Act, for sub-section (3), the suspension of the cer tificate of
following sub-section shall be substituted, registration:
namely:—
Provided also that a dealer who
“(3) Any dealer who is eligible for purchases goods from another dealer,
composition of tax under sub-section (1), whose cer tificate of registration is
fails to file return within the time suspended, as notified in Official Gazette
prescribed, for the period for which shall not be eligible for input tax credit
composition is granted, he shall not be on such purchases of goods made
eligible for composition of tax for next one during the period of suspension of the
year: certificate of registration.”;
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of the persons and/or dealers participating (e) holds or accepts or furnishes or
in, and the period of such exhibition causes to be furnished a declaration,
alongwith payment of estimated tax in which he knows or has reason to believe
advance. The Commissioner may issue to be false;
such permission in such form and subject
(f) has been convicted of an offence
to such conditions as may be prescribed.
under this Act, or under the earlier law;
The dealer to whom the permission is
issued shall exhibit the same at a (g) discontinues his business without
conspicuous place where the exhibition or complying with the provisions contained
event or programme is conducted. The in sub-section (8) of section 18 of the
provisions of sub-sections (4), (5), (6), (7), Act;
(8), (10), (11), (12), (13), (14) and (15) of (h) without entering into a transaction
this section shall, mutatis mutandis, apply of sale, issues to another dealer tax
to this sub-section.”; invoice, retail invoice, bill or cash
memorandum, with intention to defraud
(ii) after sub-section (9), the following sub- the Government of revenue;
-sections shall be inserted, namely:—
(i) is found evading tax on account of
“(10) Any registration granted under the variation in physical stock compared
provisions of this Act shall remain valid for with his regular books of accounts;
such period as may be prescribed unless
then the Commissioner may, at any time
it is cancelled before the expiry of such
after giving the dealer an opportunity of
period. In case the registration granted is
being heard and for the reasons to be
not renewed within the prescribed time, it
recorded in writing, by order cancel his
shall stand cancelled automatically and
certificate of registration from such date
such dealer shall not be entitled to any
as may be specified by him in such order.
benefits available to a registered dealer
under this Act:
(12) (a) If a dealer,—
Provided that, before passing the order (i) fails to inform changes in business
of cancellation, the dealer shall be given a as required by sub-section (1) of section
reasonable opportunity of being heard. 22;
(11) If a dealer,— (ii) fails to file declaration and/or
(a) fails to file three consecutive furnish the documents as required by
returns under this Act; section 23;
(b) fails to pay the dues demanded in (iii) fails to furnish return as required
assessment/reassessment or otherwise by section 24;
within the period specified except
where such demand has been stayed (iv) fails to pay tax as required by
by the appellate authority or tribunal or section 25;
any other court; (v) fails to produce the books of
(c) fails to pay the tax due from him accounts as required by the
for three consecutive tax periods under Commissioner under sub-section (1) of
the provisions of this Act; section 73;
(d) having issued tax invoice or retail then the Commissioner may, at any time,
invoices, fails to account for the said after giving the dealer an opportunity of
invoices in his books of account; being heard and for the reasons to be
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(16) The Commissioner shall notify in “(4) The Commissioner shall make an
Official Gazette the details of dealers assessment of the amount that in his
whose certificate of registration has been opinion, is the amount of tax, penalty,
suspended or cancelled under the interest or any other amount payable
provisions of this Act.”. under this Act, after making necessary
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enquiries, as may be deemed fit by any bogus or forged documents or where
him.”; the claim was otherwise fraudulent:
“(9) Where, the Commissioner has 14. Insertion of new section 32A.— After
reason to believe that a dealer is liable section 32 of the principal Act, the following
to pay tax in respect of any period, but section shall be inserted, namely:—
has failed to apply for registration or has
failed to apply for registration within the “32A. Assessment in case of casual trader
time as required by or under this Act or and non resident dealers.— Notwith-
has failed to file a return as required by standing anything contained in this Act,
section 24, the Commissioner shall where the Commissioner has a reason to
proceed to assess, to the best of his believe that any person who is
judgement, wherever necessar y, the unregistered casual trader and/or non-
amount of tax due from the dealer in resident dealer and is likely to
respect of such period and all evade the payment of tax due, the
subsequent periods and, in making such Commissioner may, if deemed necessary,
assessment, he shall give the dealer proceed to assess such persons and if it is
reasonable opportunity of being heard; not practicable to issue a notice for
and if he is satisfied that the default is assessment, may proceed to assess such
without reasonable cause, direct the person on the spot and direct such person
dealer to pay by way of penalty, in to deposit the amount of tax in such
addition to tax assessed, a sum not manner and by such date as may be
exceeding the amount of tax assessed.”. indicated in the Order.”.
12. Amendment of section 31.— In section 15. Amendment of section 35.— In section
31 of the principal Act, in sub-section (1), 35 of the principal Act, for sub-section (6),
for the words “five years”, the words “eight the following sub-section shall be substituted,
years” shall be substituted. namely:—
“(6) After considering the appeal and
13. Insertion of new section 31A.— After after affording an opportunity of hearing,
section 31 of the principal Act, the following the Appellate Authority may allow it in
section shall be inserted, namely:— whole or part and amend the assessment
or enhance the assessment or levy tax and/
“31A. Limitation period not to apply /or penalty and/or other amount or
in certain cases.— Notwithstanding remand it for fresh disposal or dismiss the
anything contained in this Act, the time appeal:
limit stipulated in this Act for
assessment, re-assessment and/or for Provided that before making a levy of
the levy of penalty under this Act shall tax, penalty or other amount and/or
not apply to a dealer who has evaded enhancement of assessment as the case
payment of tax in respect of any period may be, the appellant shall be given an
or periods by not recording or recording opportunity of being heard.”.
in an incorrect manner, any transaction
of sale or purchase or by claiming input 16. Amendment of section 36.— (i) In
tax credit or the refund on the basis of section 36 of the principal Act, for sub-section
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disclosed by him in his records shall be violation of section 11, he shall, without
liable to pay by way of penalty, an amount prejudice to any other provisions of the
not exceeding twice the amount of net tax Act, be liable to pay by way of penalty, an
payable by the person for the unaccounted amount not exceeding twice the amount
stock, or two thousand rupees, whichever of tax evaded or sought to be evaded or
is higher for the first offence, and an one thousand rupees whichever is higher,
amount not exceeding thrice the amount for the first offence and an amount not
of net tax payable by the person for the exceeding thrice the amount of net tax
unaccounted stock or four thousand payable by the person for the unaccounted
rupees, whichever is higher, for every stock or two thousand rupees whichever
subsequent offences. is higher for every subsequent offences.
(2) Notwithstanding anything contained (2) A dealer who commits the offence
in sub-section (1), the dealer shall have an under sub-section (1) for more than ten
option to get the offence compounded, on occasions in a year shall be liable for
the spot, before the officer, upon payment cancellation of his registration.
of fifty per cent of penalty payable under
sub-section (1). “Explanation:— ‘Officer’, for the purpose
of this section, means the Commissioner
(3) Where an offence has been
appointed under this Act or any other
compounded under sub-section (2), no
officer not below the rank of Assistant
further penal proceedings under sub-
Commercial Tax Officer specifically
-section (1) shall be taken against the
authorised by the Commissioner for this
dealer in respect of such offence.
purpose.”.
(4) A dealer who commits the offence
under sub-section (1) for more than five 21. Substitution of section 64.— For the
occasions in a year shall be liable for existing section 64 of the principal Act, the
cancellation of his registration. following section shall be substituted,
namely:—
Explanation:— ‘Officer’, for the purposes
of this section, means the Commissioner “64. Special powers for recovery of tax.—
appointed under this Act or any other (1) Any tax assessed, or any other amount
officer not below the rank of Assistant due under this Act from any dealer or any
Commercial Tax Officer specifically other person may, without prejudice to any
authorised by the Commissioner for this other mode of collection be recovered:—
purpose.”
(a) as if it were an arrears of land
20. Insertion of new section 58A.— After revenue; or
section 58 of the principal Act, the following
new section shall be inserted, namely:— (b) by attachment and sale of any
property of such dealer or any other
“58A. Penalty for non-issuance of tax person by the officer appointed under
invoice, sale bill or cash memorandum.— sub-section (2) of section 13, in
(1) Any officer who during the course of accordance with the rules as may be
any inspection or search of any business prescribed.
place, building, godown or any other place,
or while checking of goods under (2) The Government may, by general or
transport or verification of the bills at any special order, published in the Official
place, finds that the dealer has not issued Gazette, authorize any officer, not below
a sale bill or a tax invoice or cash the rank of Assistant Commercial Tax
memorandum in respect of any sale, in Officer, to exercise, for the purpose of
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Clause 4 of the Bill seeks to insert sub- Clause 9(i) of the Bill seeks to insert clause
-section (5) in section 5 so as to empower (a) in sub-section (4) of section 25 so as to
the Commissioner to identify any goods as provide for interest for non-payment of tax
industrial inputs by inspection, if any, on the when due, from the date it has become due
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in cases where dealer does not show the tax Clause 12 of the Bill seeks to amend section
payable in return/revised return and is 31 so as to increase the limitation period for
detected in assessment. completion of assessments/re-assessments of
escaped turnover from the existing five years
Clause 9(ii) of the Bill seeks to substitute to eight years.
the second proviso to clause (b) of sub-section
(4) of section 25 so as to allow the Clause 13 of the Bill seeks to insert new
Commissioner for remission of interest/ section 31A so as to assess the dealer,
/penalty, with the prior approval of the claiming input tax credit on the basis of bogus
Government. or forged documents or otherwise claiming
input tax credit fraudulently, at any time
Clause 10 of the Bill seeks to enhance the after the limitation period provided under the
rate of tax deducted at source from the Act.
existing 2% to 5%.
Clause 14 of the Bill seeks to insert new
Clause 11(i) of the Bill seeks to insert fourth section 32A so as to allow the Commissioner
proviso to sub-section (3) of section 29 so as to assess ‘on the spot’ without giving prior
to increase the limitation period for notice, any unregistered casual trader who
completion of audit assessments and
is likely to evade tax.
assessments in consequence of investigation.
Clause 15 of the Bill seeks to substitute
Clause 11(ii) of the Bill seeks to substitute
sub-section (6) of section 35 so as to allow
sub-section (4) of section 29 so as to allow
the Appellate Authority to levy or enhance
the Commissioner to levy penalty and/or
assessment and/or penalty and/or other
impose interest in addition to making an
amount.
assessment of the amount of tax due.
Clause 11(iii) of the Bills seeks to omit the Clause 16 (i) of the Bill seeks to substitute
existing sub-section (5) of section 29 so as to sub-section (2) of section 36 so as to make it
allow the Commissioner to make an mandator y for the dealer making an
assessment without giving prior intimation appeal before the Tribunal to pay fifty percent
of the tax payable or refund. of the amount in dispute before fling of the
appeal.
Clause 11(iv) of the Bills seeks to substitute
sub-section (9) of section 29 so as to allow Clause 16 (ii) of the Bill seeks to insert new
the Commissioner where he has reason to sub-section (2A) in section 36 so as to make
believe that a dealer is liable to pay tax in the appellant comply with the sub-section 2;
within a period of 120 days failing which any
respect of any period, but has failed to apply
pending appeal shall stand abated.
for registration or has failed to apply for
registration within the time as required by
Clause 17(i) of the Bill seeks to amend
or under this Act or has failed to file a return
sub-section (1) of section 39 so as to extend
as required by section 24, giving the dealer
the limitation period, for revision by the
reasonable opportunity of being heard to Commissioner, from three to five years.
assess, to the best of his judgement; and if
he is satisfied that the default is without Clause 17(ii) of the Bill seeks to amend
reasonable cause, direct the dealer to pay sub-section (2) of section 39 so as to extend
by way of penalty, in addition to tax assessed, the limitation period, for review of
a sum not exceeding the amount of tax assessment/order by any authority, from two
assessed. to five years.
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Clause 18(i) of the Bill seeks to substitute Clause 5 of the Bill empowers the
sub-section (1) of section 55 so as to reduce Government to formulate a scheme for
the penalty for non-filing of return from tourists holding Indian or foreign passport
Rs. 1000/- per quarter to Rs. 500/- per quarter or both, visiting Goa, entitling them for
and to provide for cancellation and re- refund of VAT paid against purchases made
registration in cases where there is delay in in the State of Goa. This clause also
filing of three consecutive returns. empowers the Government to formulate a
scheme for refund of tax paid by airlines
Clause 18(ii) of the Bill seeks to substitute operating on domestic sector on aviation
sub-section (2) of section 55 so as to reduce turbine fuel, within the State.
the penalty for non-filing of return by dealers
opting for composition scheme, from Clause 6 of the Bill empowers the
Rs. 1000/- per quarter to Rs. 500/- and to Commissioner to permit the dealer to avail
provide for cancellation and re-registration composition of tax in cases where the dealer
in cases where there is delay in filing of three fails to file the returns.
consecutive returns.
Clause 11(ii) of the Bill empowers the
Clause 19 of the Bill seeks to substitute
Commissioner to remit interest and/or
section 58 so as to provide for penalty for
penalty payable by a dealer/person with the
non-maintenance of the prescribed records
prior approval of the Government.
or for holding unauthorised stock or stock in
excess of that which is disclosed by the
Clause 11(iii) of the Bill empowers the
dealer.
Commissioner to levy penalty and/or impose
Clause 20 of the Bill seeks to insert new interest in addition to making an assessment
section 58A so as to provide for penalty for of the amount of tax due, without giving prior
non-issuance of tax invoice, sale bill or cash notice.
memorandum.
Clause 14 of the Bill empowers the
Clause 21 of the Bill seeks to substitute Commissioner to assess the casual dealer on
section 64 so as to enable speedy recovery the spot and to direct such dealer to deposit
of dues by prescribing a procedure therefor. the amount of tax in such manner and by
Clause 22 of the Bill seeks to insert sub- such date as he thinks fit.
-section (7) in section 76 so as to empower
Clause 15 of the Bill empowers the
the Government to formulate a scheme for
Appellate Authority to levy or enhance
monetary reward/incentive to the employees/
assessment and/or penalty and/or other
general public towards their input/action
amount.
which helps the Government to unearth
concealed revenue or to collect on account Clause 18 of the Bill empowers the
of levy of penalty. Commissioner to condone the delay in filing
Financial Memorandum of returns for justified reasons, after levy of
penalty.
No financial implications are involved in
this Bill. Clause 19 of the Bill empowers the
Commissioner to impose penalty on the
Memorandum Regarding Delegated
defaulting dealer for non-issuance of tax
Legislation
invoice, sale bill or cash memorandum.
Clause 4 of the Bill empowers the
Commissioner to declare, by Notification, any Clause 21 of the Bill empowers the
goods as industrial inputs on the individual Government to frame rules in accordance of
request of a particular industry. which the officer appointed under sub-
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SERIES I No. 6 9TH MAY, 2013
-section (2) of section 13 to shall recover the ANNEXURE
tax and/or interest and/or penalty by Bill No 18 of 2013
attachment and sale or by sale without .....................................................................................................
attachment, of any property of such dealer Extract of the Goa Value Added Tax Act, 2005
or any other person by the Clause 21 also (Act 9 of 2005)
empowers the Government to appoint any ..........................................................................................................
officer, not below the rank of Assistant 2. Definition.— In this Act, unless the context
Commercial Tax Officer, to exercise, for the otherwise requires,—
purpose of effecting recovery of the amount (a) “agriculture” with all its grammatical
of tax or penalty or any other amount due variations and cognate expressions, includes
from any dealer or person under this Act, horticulture, the raising of crops, grass or garden
the powers of a Collector under the Goa produce, and also grazing ; but does not include
Land Revenue Code, 1968 (Act No. 9 of 1969), dairy farming, poultry farming, stock breeding,
the mere cutting of wood or grass, gathering of
to recover the dues as arrears of land
fruit, raising of man-made forests or rearing of
revenue. seedlings or plants;
Clause 22 of the Bill empowers the Explanation:— For the purposes of this clause
and clause (d), the expression “forest” means
Government to formulate a scheme for
the forest to which the Indian Forest Act, 1927
monetary reward or incentives to employees (Central Act 16 of 1927), in its application to the
or public towards their input or action which State of Goa, applies;
helps the Government to earn revenue on
(b) “agriculturist” means a person who
account of unearthed concealed revenue or cultivates land personally, for the purpose of
for collection towards levy of penalty. agriculture;
This delegation is of normal character. (c) “appointed day” means the day on which
this Act shall come into force;
(d) “business” includes,—
Assembly, Hall, SHRI MANOHAR PARRIKAR
Porvorim, Goa. Hon. Chief Minister/ (i) any trade, commerce or manufacture;
27th April, 2013. /Finance Minister (ii) any adventure or concern in the nature
of trade, commerce or manufacture;
(iii) any transaction in connection with, or
Assembly Hall, N. B. SUBHEDAR incidental to or ancillary to trade, commerce,
Porvorim-Goa. Secretary to the manufacture, adventure or concern;
27th April, 2013. Legislative Assembly of Goa. (iv) any transaction in connection with, or
incidental to or ancillary to the comme-
Governor’s Recommendation under Article ncement or closure of such business;
207 of the Constitution of India (v) any occasional transaction in the
nature of trade, commerce, manufacture,
In pursuance of Ar ticle 207 of the adventure or concern whether or not there is
Constitution of India, I, Bharat Vir Wanchoo, volume, frequency, continuity or regularity of
the Governor of Goa hereby recommend to such transaction,
the Legislative Assembly of Goa, the whether or not trade, commerce, manufacture,
introduction and consideration of the Goa adventure, concern or transaction is effected with
Value Added Tax (Seventh Amendment) Bill, a motive to make gain or profit and whether or not
2013. any gain or profit accrues from such trade,
commerce, manufacture, adventure, concern or
transaction.
Raj Bhavan, BHARAT VIR WANCHOO
27th April, 2013. Hon. Governor of Goa. Explanation:— For the purpose of this clause,
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SERIES I No. 6 9TH MAY, 2013
(i) the activity of raising of man-made forest labour under one’s personal supervision or
or rearing of seedlings or plants shall be the personal supervision of any member of
deemed to be business. one’s family;
(ii) any transaction of sale of capital goods Explanation I:— A widow or a minor, or a person
pertaining to such trade, commerce, who is subject to any physical or mental disability
manufacture, adventure, concern or or is a serving member of the armed forces of the
transaction shall be deemed to be a Union, shall be deemed to cultivate land personally
transaction comprised in business. if it is cultivated by her or his servants or by hired
(iii) sales of any goods, the proceeds of labour.
which are credited to the business shall be
deemed to be transactions comprised in Explanation II:— In the case of a Hindu
business; undivided family, land shall be deemed to be
cultivated personally, if it is cultivated by any
(e) “business premises” means any place member of such family.
where a dealer or a transporter sells, transports,
books or delivers goods and includes any place (k) “dealer” means any person who carries on
where he stores, processes, produces or the business of buying, selling, supplying or
manufactures goods or keeps books of accounts; distributing goods, executing works contract,
delivering any goods on hire purchase or any
(f) “capital goods” means plant and
system of payment by instalments, transferring
machinery (including spares and components)
the right to use any goods or supplying by way
and equipment used in or in relation to
of or as part of any service, any goods directly
manufacture or processing of goods for sale or
or otherwise, whether for cash or for deferred
any other goods which is notified by the
payment, or for commission, remuneration or
Government and used in furtherence of any
other valuable consideration and includes;
business excluding such civil structures as may
be prescribed; (a) a casual trader;
(g) “casual trader” means a dealer who, (b) a commission agent, a broker or a
whether as principal, agent or in any other del-credere agent or an auctioneer or any
capacity, has occasional or seasonal transaction other mercantile agent, by whatever name
involving the selling, supplying or distribution called;
of goods or conducting any exhibition-cum-sale
in Goa whether for cash or for deferred payment, (c) a non-resident dealer or an agent of a
commission, remuneration or other valuable non-resident dealer, or a local branch of a
consideration; firm or company or association or body of
persons whether incorporated or not, situated
(h) “Company” means a company as defined outside the State;
in section 3 of the Companies Act, 1956 (Central
Act 1 of 1956) and includes a body corporate or (d) a person who, whether in the course of
corporation within the meaning of clause (7) of business or not,—
section (2) or Foreign Company referred to in (i) sells goods produced by him by
section 591 of that Act; manufacture, agriculture, horticulture or
(i) “Commissioner” means the person otherwise; or
appointed to be the Commissioner of Commercial (ii) transfers any goods, including
Taxes for the purposes of this Act; controlled goods whether in pursuance
(j) “to cultivate personally” means to carry of a contract or not, for cash or for
on any agricultural operation on one’s own deferred payment or for other valuable
account:— consideration;
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service is for cash, deferred payment or and the Central Excise Tariff Act, 1985
other valuable consideration; (Central Act 5 of 1986);
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(s) “manufacture” includes any activity that by one person to another in the course of trade
brings out a change in an article or articles as or business for cash or for deferred payment or
a result of some process, treatment, labour and other valuable consideration, and includes—
results in transformation into a new and different
(a) transfer, otherwise than in pursuance of a
article so understood in commercial parlance
contract, of property, in goods for cash, deferred
having a distinct name, character, use and
payment or other valuable consideration;
includes extracting any goods but does not
include such activity of manufacture as may be (b) transfer of property in goods (whether as
notified; goods or in some other form) involved in
execution of a works contract;
(t) “non-resident dealer” means a dealer who
has no place of business in the State of Goa but (c) delivery of any goods on hire purchase or
who sells or delivers goods in the State of Goa any other system of payment by instalments;
for sale therein; (d) transfer of the right to use any goods for
(u) “notification” means any notification any purpose (whether or not for a specified
issued under the Act; period), for cash, deferred payment or any other
valuable consideration;
(v) “Output tax” in relation to any registered (e) a supply, by way of or as part of any
dealer, means the tax charged in respect of sale service or in any other manner whatsoever, of
or supply of goods made by that dealer; goods being food or any other article for human
(w) “person” includes an individual, any consumption or any drink (whether or not
Government, any company or society or club or intoxicating) where such supply or service is for
association or body of individuals whether cash, deferred payment or other valuable
incorporated or not, and also a Hindu undivided consideration;
family, a firm and a local authority and every Explanation:— A sale shall be deemed to take
artificial juridical person not falling within any place in Goa if the goods are within Goa,—
of the preceding descriptions;
(i) in the case of specific or ascertained
(x) “prescribed” means prescribed by the goods, at the time the contract of sale made;
rules made under this Act; and
(y) “raw materials” means goods used as (ii) in the case of unascertained or future
ingredients in the manufacture of other goods goods, at the time of their appropriation to
and includes processing materials, consumable the contract of sale by the seller, whether the
stores and material used in the packing of the assent of the buyer to such appropriation is
goods so manufactured: prior or subsequent to the appropriation:
Provided that where there is a single
(z) “registered dealer” means a dealer contract of sale in respect of goods situated
registered under this Act; in Goa as well as in places outside Goa,
(aa) “resale” means a sale of purchased provisions of this Explanation shall apply as
goods— if there were a separate contract of sale in
respect of the goods situated in Goa.
(i) in the same form in which they were
purchased; or (ad) “sale price” means the amount of
valuable consideration received or receivable
(j) without doing anything to them, which by a dealer for the sale of any goods less any
amounts to, or results in, a manufacture, and sum allowed as cash discount, according to
the word “resell” shall be construed the practice normally prevailing in the trade,
accordingly; but inclusive of any sum charged for anything
done by the dealer in respect of the goods at
(ab) “rules” means rules made under this Act; the time of or before delivery thereof, excise
(ac) “sale” with all its grammatical variations duty, special excise duty or any other duty or
and cognate expressions means every transfer taxes except the tax imposed under this Act:
of the property in goods (other than by way of Provided that in case of transfer of property
a mortgage, hypothecation, charge or pledge) in goods (whether as goods or in some other
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form) involved in the execution of a works building, construction, manufacturing,
contract, the sale price of such goods shall be processing, fabrication, erection, installation,
determined in the prescribed manner by fitting out improvement, modification, repair or
making such deductions from the total commissioning of any movable or immovable
consideration from the works contract as may property;
be prescribed and such price shall be deemed
to be the sale price for the purpose of this (ar) “year” means, the financial year;
clause. (as) “Quarter” means the period of three
(ae) “Schedule” means the Schedule months ending on the 30th June, 30th
appended to this Act; September, 31st December or 31st March.
(af) “State” means the State of Goa; 3. Incidence of Tax.— (1) Every dealer, whose
(ag) “Government” means the Government of turnover of all sales made during—
Goa;
(i) the year ending on the 31st day of March
(ah) “tax” means a tax, payable under this
of the year preceding the year in which this Act
Act;
is enforced; or
(ai) “taxable goods” means goods other than
those specified in Schedule D; (ii) the year commencing on the 1st day of
April of the year during which this Act is
(aj) “tax period” means such period as may
enforced;
be prescribed as tax period;
(ak) “Tribunal” means the Tribunal has exceeded or exceeds the relevant limit
constituted under section 14 of this Act; specified in sub-section (4), of this section shall
(al) “taxable turnover” means the turnover until such liability ceases under sub-section (3), be
on which a dealer shall be liable to pay tax as liable to pay tax under this Act on his turnover of
determined after making such deductions from sales, made, on or after the appointed day:
his total turnover and in such manner as may be
prescribed, but shall not include the turnover of Provided that, a dealer to whom clause (i) of
sale in the course of interstate trade or commerce sub-section (1) does not apply but clause (ii) applies
or in the course of export of the goods out of the and whose turnover of all sales first exceeds the
territory of India or in the course of import of the relevant limit specified in sub-section (4) of this
goods into the territory of India and the value of section after the appointed day shall not be liable
goods transferred or dispatched outside the to pay tax in respect of sales which take place
State otherwise than by way of sale; upto the time when his turnover of sales, as
computed from the first day of the year during
(am) “turnover” means the aggregate amount which this Act is enforced, does not exceed the
of sale price for which goods are sold or supplied relevant limit applicable to him under sub-section
or distributed by a dealer, either directly or (4).
through another, whether on own account or on
account of others, whether for cash or for deferred (2) Every dealer whose turnover, of all sales made,
payment, or other valuable consideration; during any year commencing on the first day of
the year, being a year subsequent to the years
(an) “taxable sale” means sale which is mentioned in sub-section (1), first exceeds the
taxable under the provisions of this Act; relevant limit specified in sub-section (4), shall,
(ao) “taxable person” means every person until such liability ceases under sub-section (3), be
who is registered or is liable to be registered liable to pay tax under this Act with effect from
and liable to pay tax under this Act; the said date:
(ap) “vehicle” includes every wheeled Provided that, a dealer shall not be liable to pay
conveyance used for the carriage of goods solely tax in respect of such sales as take place during
or in addition to passengers; the period commencing on the first day of the said
(aq) “Works contract” shall include any year upto the time when his turnover of sales does
agreement for carrying out for cash, deferred not exceed the relevant limit applicable to him
payment or other valuable consideration, the under sub-section (4).
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(3) Every dealer who has become liable to pay subject to the provisions of this Act, any person
tax under this Act, shall continue to be so liable covered by sub-clauses (a), (b) and (c) of clause (k)
until his registration is duly cancelled; and upon of section 2 shall be liable to pay tax under this
such cancellation his liability to pay tax, shall cease Act, whether or not the principal is a dealer and
other than tax, already levied or leviable: whether or not such principal is liable to pay tax
under this section and whether or not the principals
Provided that, if the dealer becomes liable to are disclosed.
pay tax again in the same year in which he ceased
to be liable as aforesaid, then in respect of such (7) Liability of dealers registered under the
sales as take place during the period commencing Central Sales Tax Act, 1956 (Central Act 74 of
on the date of the cessation of liability to tax and 1956).—
upto the time when his turnover of sales does not
exceed the relevant limit applicable to him under Every dealer shall, notwithstanding that he
sub-section (4), no tax shall be payable by him. is not liable to pay tax under any of sub-sections
(1) to (3) of section 3, be liable to pay tax under
(4) For the purposes of this section, the limits of this Act so long as he is registered under the
turnover shall be as follows— Central Sales Tax Act, 1956 (Central Act 74 of
1956), on all sales effected by him or on his
(i) Limit of turnover of In case of Non- behalf within Goa, on or after the date of his
Rs. 10,000/- -resident dealer liability or the date of his registration, whichever
and casual trader. is earlier, under the Central Sales Tax Act, 1956
(ii) Limit of turnover of In case of importer/ (Central Act 74 of 1956):
Rs. 1,00,000/- /manufacturer.
Provided that no tax shall be payable in
(iii) Limit of turnover of In any other case. respect of sales in any period prior to
Rs. 5,00,000/- commencement of liability under this Act.
(5) For the purpose of calculating the limit of (8) Liability of exporters and dealers effecting
turnover for liability to tax,— stock transfers outside the State:-
(a) except as otherwise expressly provided, Every dealer exporting any goods outside India
the turnover of all sales shall be taken, whether or effecting stock transfers to any States and Union
such sales are taxable or not or of taxable goods Territories within India, shall, notwithstanding that
or not; he is not liable to pay tax under any of sub-sections
(1) to (3) of section 3, be liable to pay tax under this
(b) the turnover shall include all sales made
Act on all taxable sales effected within the State.
by the dealer on his own account, and also on
behalf of his principals whether disclosed or
not; (9) Special liability of person organizing or
conducting exhibition.— Any person organizing or
(c) in the case of an auctioneer, in addition conducting exhibition either for sale of goods or
to the turnover, if any, referred to in clauses (a) for promoting goods for sale, by providing stalls or
and (b), the turnover shall also include the price space to other persons or dealers under the banner
of the goods auctioned by him for his principal, of specific name and style or under a common roof,
whether the offer of the intending purchaser is for a specific period, shall, notwithstanding that
accepted by him or by the principal or a nominee such participating persons or dealers are
of the principal, if the price of such goods is individually liable to pay tax under any of the
received by him on behalf of his principal; provisions of this section, be liable to pay tax on
all taxable sales effected by such participating
(d) in the case of a manager or agent of a non- persons or dealers during such exhibition.
-resident dealer, in addition to the turnover, if
any, referred to in clauses (a), (b) or (c), the
5. Levy of Value Added Tax on Goods specified
turnover shall also include the sales of the non-
in the Schedule.—
-resident dealer effected in the State.
(6) Notwithstanding anything contained in any (1) Levy of Value Added Tax on Goods specified
contract or any law for the time being in force, but in the Schedule (Output Tax).—
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There shall be levied a Value Added Tax (output date of publication thereof in the Official Gazette
tax) on the turnover of sales of goods at rates or from such later date as may be mentioned
hereinafter provided: therein.
(a) In respect of goods specified in Schedule
(iii) The provisions contained in sub-section
‘A’, @ 1 paisa in a rupee.
(4) of section 83 regarding rules made by the
(b) In respect of goods specified in Schedule Government shall apply mutatis mutandis to any
‘B’, @ 4 paise in a rupee. notification issued under clause (i), as they apply
(c) In respect of goods specified in Schedule to rules made by the Government.
‘C’, at the rates shown against each of the entry. 6. Reimbursement and Exemption of Tax.—
(d) In respect of goods specified in Schedule
(1) Tax collected under this Act on purchases
‘D’, exempt from tax.
made by specialized agencies of United Nations
(e) In the case of any other goods, at the rate Organizations or Diplomatic Mission/Consulates
of 12½ paise in a rupee. or Embassies of any other country and their
diplomats shall be reimbursed in such manner
(2) Zero Rate for Exports.— and subject to such conditions as may be
(a) When calculating the output tax in prescribed.
relation to any dealer, sale of goods in course of
export outside the territory of India shall be (2) In respect of any goods not entitled for
deemed as taxable at the zero rate. input tax credit and covered by Schedule ‘C’
appended hereto purchased within the State on
(b) The Government may, by notification payment of tax under this Act, the Government
published in the Official Gazette and subject to may subject to such conditions as it may impose,
such terms and conditions as may be specified by Notification in the Official Gazette, to take
in this behalf, extend zero rate of tax for effect, either prospectively or retrospectively,
transactions effected from Domestic Tariff Area from the date as may be mentioned therein
to Special Economic Zone or for 100% export exempt subsequent sales thereof from payment
oriented units or Software Technology Park units of output tax for such period as may be notified.
or Electronics Hardware Technology Park units
or for any such manufacturing or processing (3) In respect of any goods other than capital
units as it may deem fit. goods and such other goods as specified in
Schedule ‘G’ appended to this Act, or in sub-
(3) Rate of Tax on Packing Materials.— -section (2) of section 9, used in the
Where any goods are sold and such goods are manufacturing or processing of finished
packed in any materials, the tax shall be payable products dispatched other than by way of sales,
on the sales of such packing material, whether the Government may, notwithstanding anything
such materials are separately charged for or not, contained in section 9, by notification, allow
at the same rate of tax, if any, at which tax is input tax credit in excess of the rate of tax
payable on the sales of goods so packed. specified in sub-section (1) of section 8 of the
Central Sales Tax Act, 1956 (Central Act 74 of
(4) Amendment to the Schedule.— 1956) on such goods purchased within the State
subject to such terms and conditions as may be
(i) The Government may, by notification in specified in the notification.
the Official Gazette,—
(a) reduce any rate of tax, (4) Notwithstanding anything contained in
sub-section (2), the Government may, in respect
(b) enhance any rate of tax, of any goods covered by Schedule ‘G’ appended
to this Act, by notification, exempt the sales
and may, by like notification, add to, or omit
inter-se dealers thereof, from levy and payment
from or otherwise amend any entry of the
of output tax, when effected within the State,
Schedule] and thereupon the Schedule shall be
on such conditions as may be specified therein,
deemed to have been amended accordingly.
and any such sales shall not be treated as
(ii) Any notification issued under clause (i) “subsequent sale” as provided, in sub-
shall take effect prospectively, either from the -section (2).
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7. Composition of Tax-— N.B.:— Total turnover for the purposes of this
section will include aggregate sales of taxable
(1) Subject to such conditions and in such and non-taxable goods.
circumstances as may be prescribed, if any
registered dealer, of the class specified in 9. Input Tax Credit.—
Schedule ‘E’, whose total turnover in the previous
year does not exceed the limit specified in the (1) Subject to such conditions and restrictions
said Schedule and who is liable to pay tax under as may be prescribed Input Tax Credit either
sub-section (1), (2) and (3) of section 3, so elects, partially or wholly shall be allowed for the tax
the Commissioner may accept towards paid during the tax period in respect of goods
composition of tax, in lieu of the net amount of including capital goods purchased and/or taken
tax payable by him under this Act, during the on hire or leased to him within Goa, other than
year, an amount at the rate shown against those specified in Schedule ‘G’ and/or such other
respective class of dealers in the said Schedule goods as may be notified from time to time by
calculated on total turnover, either in full or in the Government, provided, the goods purchased
instalments, as may be prescribed: are for resale in Goa or for sale in course of Inter
State Trade or in course of export outside the
Provided that any dealer of the class specified
territory of India or used by him as raw
in Schedule ‘E’ is liable to pay tax under sub-
materials/capital goods in the manufacture or
-section (2) and (3) of section 3, may, at any time
processing of taxable goods in Goa or for sale by
during the year, by making self declaration that
transfer of right to use.
his turnover of sales during the said year will
not exceed the limit specified in the said
(2) No input tax credit under sub-section (1)
Schedule ‘E’ apply for composition of tax under
shall be claimed or be allowed to a registered
this section.
dealer:-
(1A) In the event of transfer of business under (i) in respect of goods purchased on
any of the circumstances as provided under payment of tax if such goods are not sold
section 19, the total turnover for the purposes of because of theft or destruction for any reason;
sub-section (1) shall be the aggregate of the
turnover of the transferor as well as the (ii) in respect of stock of goods remaining
transferee during the year and the prescribed unsold at the time of closure of business;
conditions, if any, shall be applicable with (iii) in respect of any taxable goods under
reference to such aggregate of the turnover. the Act purchased by him from another
registered dealer for resale but given away
(2) Any dealer eligible for composition of tax by way of free samples or gifts;
under sub-section (1) shall not:—
(iv) in respect of capital goods/industrial
(a) be permitted to claim any input tax inputs and packing materials, covered under
credit on purchases and on stock held on the Schedule ‘B’ of the Act, if said goods are
appointed day or on the day from which he is utilized for the purposes other than those
held liable to pay tax under this Act or on the covered in the prescribed declaration;
day on which his Registration Certificate is
made valid, as the case may be; (v) in respect of goods purchased from a
dealer who has opted for composition of tax
(b) charge any tax under this Act in his
under sub-section (1) of section 7;
sales bill or sales invoice in respect of sales
made by him; (vi) in respect of capital goods or capital
(c) issue tax invoice to any dealer who has assets:—
purchased the goods from him.
(a) purchased or paid prior to appointed
(3) Any dealer who is eligible for composition day;
of tax under sub-section (1), fails to file returns (b) capital expenditure incurred prior to
for all the quarters of the year within the time the date of registration under this Act;
prescribed, he shall be disqualified for the
composition of tax for the next two consecutive (c) capital goods not connected with the
years. business of the dealer;
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(d) capital goods used in the remaining unsold at the time of closure of
manufacture of goods or providing services business, the input tax credit availed at the time
which are not liable to tax under this Act; of such purchase shall be reduced from the tax
credit for the period during which the said
(e) capital goods used in generation of utilization has taken place provided that if part
energy/power including captive power; of the goods purchased are utilized otherwise,
(f) motor cars, its accessories and spare the amount of reverse tax credit shall be
parts. proportionately calculated.
(vii) in respect of taxable goods sold within (4) Input tax credit shall be allowed to the
the State or in the course of inter-State trade registered dealer, subject to restrictions of sub-
or commerce within the meaning of section 3 -section (2), in respect of tax charged to him by
of the Central Sales Tax Act, 1956 (Central a registered seller on taxable sales of goods made
Act 74 of 1956), exempted from payment of to him for the purpose of the business within
tax under any specific notification issued three months prior to the date of his registration
under this Act or under the said Central Sales provided that no input tax credit shall be
Tax Act, 1956; allowed in respect of goods which have been
(viii) in respect of goods used in the sold or otherwise disposed of prior to the date
manufacture or processing of finished goods of registration.
dispatched other than by way of sales outside
(5) (a) where a registered dealer has availed
the State except in case of input tax credit
of the input credit on any goods and the same
claimed against entry tax paid under sub-
goods are not used in the course of his business,
-section (6) of this section;
input tax credit so availed becomes repayable
(ix) in respect of purchase of motor vehicle in the tax period following the date on which
including car, three wheeler and two wheeler these goods were put to such other use;
under this Act or tax paid under the Goa Tax (b) where such goods were wholly or mainly
on Entry of Goods Act, 2000 (Act 14 of 2000) used or are intended for use in sale of taxable
on import of such motor vehicle before grant goods prior to change of use, tax shall be
of registration mark under the Motor Vehicles calculated on the prevailing market value of such
Act, 1988 (Central Act 58 of 1988), when such goods at the time of change of use.
vehicle is resold as true value vehicle or
otherwise by a registered dealer under this (6) Any registered dealer who has paid entry
Act; tax under the Goa Tax on Entry of Goods Act,
2000 (Goa Act 14 of 2000), either on raw material
(x) in respect of raw material used in the
or on capital goods, other than on goods covered
manufacture of ready mixed concrete;
by Schedule ‘G’ and/or sub-section (2) of this
(xi) in respect of naptha and furnace oil section, brought by him into the local area for
used either as raw material or fuel by chemical use or consumption in the manufacture or
fertilizer industry. processing of goods within the State, shall be
(xii) ice cream, alcoholic beverages entitled for input tax credit under sub-section
including beer and wine and non-alcoholic (1) of this section:
beverages including packed juices, aerated Provided that in respect of finished products
water and soft drinks served in party, factory dispatched by way other than sales, the input
or industrial canteens, clubs, or served by tax credit on goods other than those covered by
caterer, for consumption at any place other Schedule ‘G’ shall be to the extent it exceeds
than hotel/restaurant; the rate specified under sub-section (1) of section
(xiii) condemned vehicles. 8 of the Central Sales Tax Act, 1956 (Central Act
74 of 1956).
(3) If goods purchased are intended for use
(7) Balance unclaimed input tax credit of
specified under sub-section (1) and are
capital goods shall not be allowed in case of
subsequently used fully or partly, for purposes
closure of business.
other than those specified under the said sub-
-section, or loss of goods arising out of theft or (8) The registered dealer shall be eligible for
destruction for any reason or the stock of goods input tax credit on stock held on the appointed
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day, towards the tax paid under the earlier law fee in the prescribed manner and within the
subject to such conditions as may be prescribed. prescribed time.
The period and the date from which such input
tax credit is to be apportioned shall be as (5) The Commissioner may conduct such
notified. inquiry as he deems fit and may call for such
evidence and information as he may deem
(9) The deduction of input tax credit on capital necessary and after the inquiry, if any, and after
goods under this section shall be allowed in considering the evidence and information, if any,
two equal annual instalments after the close of he is satisfied that the application for
the respective year as under: registration made under this section is in order,
he shall register the applicant and issue to him
(i) in case of existing units, upon a certificate of registration in the prescribed
installation of such capital goods, and form:
(ii) in case of new units, upon Provided that if the Commissioner is satisfied
commencement of commercial production. that the particulars contained in the application
18. Registration.— are not correct or complete or that any evidence
or information prescribed for registering the
(1) No dealer shall, while being liable to pay applicant is not furnished, the Commissioner
tax under section 3 or under sub-section (6) of may, after giving the applicant a reasonable
section 19, be engaged in business as a dealer, opportunity of being heard, reject the application
unless he possesses a valid certificate of for reasons to be recorded in writing.
registration as provided by this Act:
(6) The Commissioner may, after considering
Provided that, the provisions of this sub- any information furnished under any provisions
-section shall not be deemed to have been of this Act or otherwise received, amend from
contravened, if the dealer having applied for time to time, any certificate of registration.
such registration as in this section provided,
within the prescribed time or, as the case may (7) If a person or a dealer upon an application
be, within the period specified in sub-section made by him has been registered under this
(6) of section 19, while he is engaged in such section and thereafter it is found that he ought
business. not to have been so registered under the
provisions of this section, he shall be liable to
(2) Every dealer, required by sub-section (1)
pay tax during the period from the date on which
to possess a certificate of registration, shall apply
his registration certificate took effect until it is
in the prescribed manner, to the Commissioner.
cancelled, notwithstanding that he may not be
(3) A person or a dealer who intends to be liable to pay tax under this Act.
engaged in business, but is not liable to pay tax
(8) Where,—
under the provisions of this Act may, if he so
desires, apply in the prescribed manner under (a) any business, in respect of which a
this sub-section for the grant of certificate of certificate of registration has been issued
registration to the Commissioner and if the under this section, has been discontinued, or
certificate is granted, then so long as it is not has been transferred or otherwise disposed
duly cancelled, the person or dealer shall remain of; or
liable to pay tax:
(b) the turnover of sales of a registered
Provided that if the person or dealer to whom dealer has during any year not exceeded the
such certificate of registration is granted relevant limit specified in sub-section (4) of
becomes liable to pay tax under any other section 3,—
provisions of the Act, then the certificate of
registration so granted shall cease to be valid then, in the case covered by clause (a), the dealer
unless amended after payment of prescribed fee. shall apply in the prescribed manner and within
the prescribed time for cancellation of his
(4) Certificate of registration and its renewal registration to the Commissioner, and in the case
shall not be granted to a dealer unless he has covered by clause (b), the dealer may apply in
deposited in Government treasury prescribed the prescribed manner for cancellation of his
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registration to the Commissioner; and thereupon joint family property is partitioned amongst the
the Commissioner may, after such inquiry as he various members or group of members, then each
deems fit and subject to rules framed, cancel member or group of members shall be jointly
the registration with effect from such date and severally liable to pay the tax including any
including any date earlier to the date of the penalty, sum forfeited and interest due from the
order of cancellation as he considers fit having dealer under this Act or under any earlier law,
regard to the circumstances of the case. up to the time of the partition, whether such tax
including any penalty, sum forfeited and interest
(9) Any person intending to organize or has been assessed before partition but has
conduct exhibition either for sale of goods or for remained unpaid, or is assessed after partition.
promoting goods for sale, by providing stalls or
space to other persons or dealers under the (3) Where a dealer, liable to pay tax under
banner of specific name and style or under a this Act, is a firm, and the firm is dissolved,
common roof, for a specific period, shall, then, every person who was a partner shall be
notwithstanding that such participating persons jointly and severally liable to pay to the extent
or dealers are individually registered under this to which he is liable under this section, the tax
Act, apply in such form as may be prescribed, to including any penalty, sum forfeited and interest
the Commissioner, for registration under this Act, due from the firm under this Act or under any
indicating therein the details of the persons and/ earlier law, up to the time of dissolution, whether
or dealers participating in, and the period of, such tax including any penalty, sum forfeited
such exhibition alongwith such security deposit and interest has been assessed before such
as may be prescribed. dissolution but has remained unpaid, or is
The provisions of sub-sections (4), (5), (6), (7) assessed after dissolution.
and (8) of this section shall, mutatis mutandis (4) Where a dealer, liable to pay tax under
apply, to this sub-section. this Act, transfers or otherwise disposes of his
19. Special Provision regarding Liability to Pay business in whole or in part, or effects any
Tax in certain Cases.— change in the ownership thereof, in
consequence of which he is succeeded in the
(1) Where a dealer, liable to pay tax under business or part thereof by any other person,
this Act, dies, then,— the dealer and the person succeeding shall
(a) if the business carried on by the dealer jointly and severally be liable to pay the tax
is continued after his death by his legal including any penalty, sum forfeited and interest
representative or any other person, such legal due from the dealer under this Act or under any
representative or other person shall be liable earlier law, up to the time of such transfer,
to pay the tax including any penalty, sum disposal or change, whether such tax including
forfeited and interest due from such dealer any penalty, sum forfeited and interest has been
under this Act or under any earlier law, in the assessed before such transfer, disposal or change
like manner and to the same extent as the but has remained unpaid, or is assessed
deceased dealer; and thereafter.
(b) if the business carried on by the dealer (5) Where the dealer, liable to pay tax under
is discontinued whether before or after his this Act,—
death, his legal representative shall be liable (a) is the guardian of a ward on whose
to pay out of the estate of the deceased, in behalf the business is carried on by the
the like manner and to the same extent as the guardian; or
deceased dealer would have been liable to
pay if he had not died, the tax including any (b) are trustees who carry on the business
penalty, sum forfeited and interest due from under a trust for a beneficiary, then,
such dealer under this Act, or under any if the guardianship or trust is terminated, the
earlier law, whether such tax including any ward or, as the case may be, the beneficiary
penalty, sum forfeited and interest has been shall be liable to pay the tax including any
assessed before his death but has remained penalty, sum forfeited and interest due from the
unpaid, or is assessed after his death. dealer up to the time of the termination of the
(2) Where a dealer, liable to pay tax under guardianship or trust, whether such tax
this Act, is a Hindu undivided family and the including any penalty, sum forfeited and interest
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has been assessed before the termination of the (iii) the sum, if any, forfeited and the amount
guardianship or trust, but has remained unpaid, of fine, if any, imposed under the Act or rules;
or is assessed thereafter. and
(6) Where a dealer, liable to pay tax under (iv) any other amount due under this Act,
this Act, is succeeded in the business by any shall be paid by the person or dealer or the
person in the manner described in clause (a) of person liable thereof into the Government
sub-section (1) or in sub-section (4), then, such treasury or notified Bank within thirty days from
person shall, notwithstanding anything the date of service of the notice issued by the
contained in section 3, be liable to pay tax on Commissioner in respect thereof:
the sales of goods made by him on and after the
date of such succession, and shall (unless he Provided that, the Commissioner may, in
already holds a certificate of registration) within respect of any particular dealer or person, and
sixty days thereof apply for registration. for reasons to be recorded in writing, allow him
to pay the tax, penalty, interest or the sum
25. Payment of Tax, etc.— forfeited, in instalments. The grant of this facility
to pay tax in instalments shall be without
(1) Tax shall be paid in the manner herein prejudice to the other provisions of this Act
provided, and at such intervals as may be including levy of penalty, interest, or both:
prescribed.
Provided further that, subject to the rules
(2) A registered dealer furnishing returns as made in this behalf, the Commissioner may, at
required by sub-section (2) of section 24 shall the request of a dealer or person, remit the whole
pay into the Government treasury or any Bank or any part of the penalty and/or interest payable
so notified by the Government, in such manner by such dealer or person.
and at such intervals as may be prescribed, the
amount of tax due from him after adjusting the (5) Any tax, penalty, interest, fine or sum forfeited,
amount of tax covered by the Certificate of Tax which remains unpaid after the service of notice
Deduction at Source, if any, for the period under sub-section (4), or any instalment not duly
covered by a return which he is required to file paid, shall be recoverable as an arrear of land
under the rules alongwith the amount of revenue.
penalty, interest and any other sum payable by
him. 28. Tax Deduction at Source.—
(ii) the amount of interest or penalty or both, Provided that, no such deduction shall be
if any, levied under any provision of this Act; made where the amount or the aggregate of the
and amount payable to a dealer by such employer is
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less than one lakh rupees during a year or when (6) (a) No such deduction shall be made under
the cost of material used in execution of the sub-section (1) in respect of such dealers, as may
works contract is less than 10% of the contract be notified by the Commissioner from time to time;
value.
(b) subject to the conditions and the
Explanation:— (i) The deduction of tax under circumstances as may be prescribed, the
this section shall be effected when the payment is Commissioner may certify, on an application made
made to the contractor or his account is credited by any registered dealer, that no deduction or
towards such payment, as the case may be. deduction at such lower rate as he may decide,
shall be made in respect of such registered dealer.
(ii) The employer effecting such deduction
shall deemed to be a dealer for the purposes of (7) If any Works Contract for execution for the
this section and shall get himself registered in authorities specified in sub-section (1), involves
the manner as prescribed. only labour or services but does not involve transfer
of property in goods and it is certified to be so by
(2) The tax deducted under sub-section (1) shall the Appropriate Assessing Authority or by the
be remitted to the Government Treasury in Assessing Authority of the area on an application
the prescribed manner and within the prescribed made by any dealer, the provisions of sub-section
time by the said employer making such (1) shall not apply and every such application shall
deduction: be disposed off by the Assessing Authority within
one month from the date of receipt, either by issue
Provided that the employer shall remit into the of certificate as aforesaid or by endorsement,
Government Treasury the full amount of tax due intimating ineligibility to such a certificate to the
and deductible by him under sub-section (1) from dealer, as the case may be.
the dealer irrespective of the actual amount of tax
deducted by him from such dealer. (8) Payment by way of deduction in accordance
(3) Any such employer making such deduction with the provisions of this section shall be without
under sub-section (1) shall in respect of every prejudice to any other mode of recovery of tax due
quarter in which such deduction is made, send to under this Act from the dealer executing the Works
the prescribed authority the receipt from Contract.
Government treasury showing the payment of such 29. Assessment.—
amount deducted alongwith a statement in the
prescribed form containing details of the Works (1) The returns submitted by the dealer shall be
Contract under execution and tax deducted accepted as self-assessed:
thereon, within the prescribed time, and shall Provided the Commissioner, as per the procedure
furnish a certificate in the prescribed form to the prescribed, shall select upto twenty percent of the
dealer specifying the amount so deducted and such total number of such dealers or such percentage
other particulars as may be prescribed. as may be notified by Government from time to
time for detailed assessment:
(4) Any such employer who remits the tax into
the Government Treasury under sub-section (2) Provided further when any dealer applies for
shall be deemed to have made payment of tax cancellation of his registration certificate on the
under the authority of the said dealer. ground of closure or stoppage of his business, his
last assessment shall be finalized on the basis of
(5) If any such employer fails to remit into the books of accounts and other records maintained
Government Treasury the amount due and by him after giving him an opportunity of being
deductible as required by sub-section (2) within heard.
the specified time, the Assessing Authority, on
being satisfied that the said employer has failed to (2) Where—
discharge the liability under sub-section (2), shall
levy and recover from the employer interest at the (a) a person fails to file a return as required
rate of 15% per annum or at such rate as the by section 24; or
Government may notify from time to time, on the
amount due and deductible, by an order in writing (b) the Commissioner has reason to believe
directing such employer to pay the interest in that the returns filed by a person are not correct
addition to such amount. and complete; or
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(c) the Commissioner has reasonable grounds the dealer shall pay the balance of tax in
to believe that a person will become liable to accordance with the terms of that notice.
pay tax under this Act but is unlikely to pay the
(7) An amended assessment shall be treated in
amount due; or
all respects as an assessment under this section.
(d) the Commissioner requires to get satisfied
(8) No assessment or other proceedings
with the correctness of the refund so claimed,
purporting to be made, issued or executed under
the Commissioner may make an assessment of this Act, shall be—
the amount of tax payable by the person to the
(a) quashed or deemed to be void or voidable
best of his judgement after giving him an
for want of form; or
opportunity of being heard.
(b) affected by reason of mistake, defect or
(3) No assessment under this section for any omission therein, if it is in substance and effect,
year shall be made after a period of two years from in conformity with this Act or the rules made
the end of the year to which the return under thereunder and the person assessed, or intended
section 24 is submitted by a dealer and no to be assessed or affected by the document
assessment under sub-section (9) shall be made is designated in it according to common
after the expiry of five years from the end of the understanding.
year in respect of which or part of which such
assessment is to be made: (9) Where, the Commissioner has reason to
believe that a dealer is liable to pay tax in respect
Provided that where assessment is made in of any period, but has failed to apply for registration
consequence of or to give effect to, any order of an or has failed to apply for registration within the
Appellate Authority or Revisional Authority or of a time as required by or under this Act, the
Court, the said period of two years shall be reckoned Commissioner shall proceed to assess, to the best
from the date of such order: of his judgement, wherever necessary, the amount
of tax due from the dealer in respect of such period
Provided further that in computing the period
and all subsequent periods and, in making such
laid down in this sub-section, any period during
assessment, he shall give the dealer reasonable
which assessment proceedings are stayed by an
opportunity of being heard; and if he is satisfied
order or injunction of any Court or authority such
that the default is without reasonable cause, direct
period shall be excluded:
the dealer to pay by way of penalty, in addition to
Provided also that the Commissioner may, if it is tax assessed, a sum not exceeding the amount of
considered necessary by him so to do, by tax assessed.
notification published in the Official Gazette,
extend the period specified in this sub-section by 30. Provisional Assessment.—
a further period not exceeding one year. (a) Where a registered dealer claims refund of
tax under sub-section (3) of section 10, the
(4) The Commissioner shall make an assessment
Commissioner may, if deemed necessary, proceed
of the amount that in his opinion, is the amount of
to assess the dealer provisionally under sub-
tax payable under this Act, after making necessary
-section (2) of section 29 for any return period
enquiries and upon issue of notice on proposed
within the period specified under sub-section
assessment.
(3) of section 34;
(5) The Commissioner shall serve a notice of the (b) Where a registered dealer fails to furnish
proposed assessment in the prescribed manner on the return in respect of any tax period within
the person to be assessed, which shall state— the prescribed time, the Commissioner may,
(a) either the tax payable or the net tax notwithstanding anything contained in this
payable in the case of registered dealer and any section proceed to assess the dealer
refund that may be eligible to be claimed; provisionally for that period for such default;
(b) the time, place, and manner of objecting (c) The provisional assessment under clause
to the proposed assessment; and (b) above shall be made on the basis of past
(c) reasons for the assessment to be made. returns, or past records and where no such
returns are available, on the basis of information
(6) The Commissioner shall serve a notice on received by the Commissioner and the
completion of assessment under this section and Commissioner shall direct the dealer to deposit
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the amount of tax assessed in such manner and levied without giving a reasonable opportunity
by such date as may be prescribed; to the dealer of being heard.
32. Protective Assessment.—
(d) If the dealer furnishes return alongwith
evidence showing full payment of tax, interest Where the Commissioner has reason to
and penalty, if any, on or before the date of believe that any person with a view to evade
payment specified under sub-clause (c), the payment of tax or in order to claim any input tax
provisional assessment made under sub-clause credit which he otherwise is not eligible for, is
(b) shall stand revoked to the extent of the tax carrying on business in the name of, or in
association with, any other person, either directly
demanded, interest levied and penalty imposed,
or indirectly, whether as an agent, employee,
on the date on which such return is filed by the
manager, partner or power of attorney holder,
dealer;
guarantor, relative or sister concern or in any
other capacity, such person and the person in
(e) Nothing contained in this section shall whose name the registration certificate, if any,
prevent the Commissioner from making is taken, shall jointly and severally, be liable for
assessment under sub-section (1) of section 29 payment of the tax, interest or penalty or other
and any tax, interest or penalty paid against amount due under this Act which shall be
provisional assessment under this sub-section assessed, levied and recovered from all or any
shall be adjusted against tax, interest or such person as if such person or persons is/are
penalty payable on assessment under the said dealers under the Act. However, before taking
sub-section. action under this section the persons concerned
shall be given a reasonable opportunity of being
31. Assessment of Escaped Turnover.— heard.
35. Appeals.—
(1) If the Commissioner has reason to believe
that the whole or any part of the turnover of the (1) Any person objecting to an order affecting
dealer in respect of any period has escaped him passed under the provisions of this Act by
an authority may appeal to Appellate Authority
assessment to tax or has been under-assessed or
as may be prescribed within sixty days from the
any deduction or exemption have been wrongly
date of receipt of order by him.
allowed in respect thereof or the turnover is
assessed at a lower rate than the one applicable (2) Where the Appellate Authority is satisfied
that the person has reasonable cause for not
under this Act, Commissioner may, subject to
preferring an appeal within the time specified
sub-section (2), at any time within a period of
in sub-section (1), he may accept an appeal,
five years from the expiry of the year to which provided it is made within one year, from the
the tax relates, proceed to assess or reassess to date of receipt of order by him.
the best of his judgement the tax, payable by
(3) The appeal shall be in the prescribed form
the dealer in respect of such turnover after
and shall specify in detail the grounds upon
issuing a notice in the prescribed manner to the which it is made.
dealer and after making such enquiry as it may
(4) In case of an appeal against an assessment
consider necessary.
or any order raising demand against the person,
the Appellate Authority shall consider it only if
(2) In making an assessment under sub-section the person has paid the tax which is not
(1), the Commissioner may, if he is satisfied that disputed by him.
the escape from assessment is due to willful
(5) The appellant shall serve a copy of the
non-disclosure of assessable turnover by the
appeal memo to the authority against whose
dealer, direct the dealer to pay, in addition to order the appeal is filed.
the tax assessed, a penalty, not exceeding twice
(6) After considering the appeal and after
the amount of tax so assessed, but not less than
affording an opportunity of hearing, the
the amount of tax due. Appellate Authority may allow it in whole or
part and amend the assessment or remand it for
(3) No assessment under sub-section (1) or fresh disposal or dismiss the appeal or enhance
penalty under sub-section (2) shall be made or the assessment or penalty or other amount:
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Provided that before making an enhancement 39. Revision/Review by Commissioner.—
the appellant shall be given an opportunity of
(1) The Commissioner may, on his own motion,
being heard on the proposal of enhancement.
call for and examine the record of any proceeding
under this Act and if he considers that any order
(7) The Appellate Authority shall serve the
passed therein by any authority other than
appellant, with an order in writing, of the appeal
the Tribunal or High Court is erroneous, in so far
decision, setting forth the reasons for the
as, it is prejudicial to the interest of the revenue,
decision.
after giving the assessee an opportunity of being
heard pass such order as he deems fit:
36. Appeal to the Tribunal.—
Provided that the Commissioner shall not pass
(1) A person dissatisfied with the decision of
any order under this section after the expiry of
the Appellate Authority may, within sixty days
three years from the date of such order.
after being served with an order of the
decision—
(2) Subject to such rules as may be prescribed,
(a) file a second appeal before the Tribunal; any assessment made or order passed under this
and Act or under the rules made thereunder by any
authority appointed under section 13 of this Act,
(b) serve a copy of the notice of appeal on may be reviewed by the respective authority
the Commissioner as well as the authority passing it upon an application or of its own
whose original order is under second appeal motion, as the case may be:
before the Tribunal.
Provided that no order of assessment or any
(2) The Tribunal shall consider the appeal only other order shall be reviewed after the expiry of
if the person has paid the tax which is not two years from the date of order, by any
disputed by him. authority under this sub-section.
(3) The Tribunal may admit an appeal after
55. Penalty for Failure to File Return.—
expiry of sixty days if it is satisfied that the
appellant had sufficient reason for not filing the (1) A person who fails to file a return within
appeal within the time specified in sub-section the time required under this Act is liable for
(1), provided it is filed within one year of serving penalty of Rs. 1000/- plus an amount equal to
of decision of Appellate Authority. simple interest @ 15% per annum or such higher/
/lower rate as the Government may notify from
(4) In deciding an appeal, the Tribunal shall, time to time on the tax payable for the return
make an order after affording an opportunity to period.
the dealer or other person and the
Commissioner,— (2) Any registered dealer covered under
Schedule ‘E’ appended to this Act, fails to file a
(a) affirming, reducing, increasing, or return within the time required under this Act,
varying the assessment or other order under he shall be liable for penalty of Rs. 1000/- per
appeal; or quarter plus an amount equal to simple interest
(b) remitting the assessment or other order at the rate of 2% per month on the tax payable
under appeal for reconsideration by the for the return period.
Authority concerned with such directions as
it may deem fit; and 58. Penalty in relation to records.—
(c) shall serve a copy of such order to the A person who fails to maintain proper records
Commissioner: in a tax period in accordance with the provisions
of this Act is liable for penalty not exceeding
Provided that before increasing the tax or double the amount of net tax payable by the
other amount the dealer shall be given an person for the tax period.
opportunity of being heard on the proposal of
increasing the liability. 64. Special Powers for Recovery of Tax as Arrears
of Land Revenue.—
(5) The Tribunal shall serve the appellant with
notice in writing, of the appeal decision setting The Government may, by general or special order,
forth the reasons for the decision. published in the Official Gazette, authorize any
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officer, not below the rank of Commercial Tax Officer Explanation:— For the purposes of this sub-
1[ ], to exercise, for the purpose of effecting recovery -section, a place where a person is engaged in
of the amount of tax or penalty due from any dealer business will also include any other place in
or person under this Act, the powers of a Collector which the person engaged in business or the
under the Goa Land Revenue Code, 1968 (Act No. 9 of said employee or other person attending or
1969), to recover the dues as arrears of land revenue. helping in business states that any of the books
of accounts or other documents or any part of
76. Survey.—
the cash, stock or other valuable article or thing
(1) With a view to identifying dealers who relating to the business are or is kept.
are liable to pay tax under this Act, but have
remained unregistered, the Commissioner shall, (5) The Commissioner shall enter the place
from time to time, cause a survey of unregistered where the person is carrying on business only
dealers to be taken. during the hours at which such place is open for
business and in case of the said any other place
(2) For the purposes of the survey, the only after sunrise and before sunset. The
Commissioner may, by general or special notice, Commissioner may make or cause to be made
require any dealer or class of dealers to furnish extracts or copies from books of accounts and
the names, addresses and such other particulars other documents inspected by him, make an
as he may find necessary relating to the persons inventory of any cash, stock or other valuable
and dealers who have purchased any goods from article or thing checked or verified by him, and
or sold any goods to such dealer or class of record the statement of any person which may
dealers during any given period. be useful for, or relevant to, any proceeding under
(3) For the purposes of sur vey, the this Act.
Commissioner may, call for details and particulars (6) The Commissioner, in exercise of the
regarding the services provided by public powers under this section, shall, on no account,
utilities and financial institutions including remove or cause to be removed from the place
Banking companies which he is of the opinion where he has entered, any books of accounts
will be relevant and useful for the purposes of other documents or any cash, stock or other
the survey. He may, from time to time, cause the valuable article or thing.
results of the survey to be published in any
manner that he thinks fit, so however as not to 1
“Sales Tax Officer/Value Added Tax Officer” omitted
disclose or indicate the identify of any particular w.e.f. 01-10-05 vide the GVAT (First Amendment) Act,
unregistered dealer identified during the survey. 2005 published in Official Gazette, Series I No. 24,
Extraordinary No. 3 dated 21-09-05.
(4) The Commissioner may, for the purposes of
the survey, enter any place where a person is _________
engaged in business but is unregistered or has
LA/LEGN/2013/332
not applied for grant of a certificate of
registration, whether such place be the principal The following bill which was introduced in
place of business or not of such business and the Legislative Assembly of the State of Goa
require any proprietor, employee or any other on 29th April, 2013 is hereby published for
person who may at that time and place be general information in pursuance of Rule-138
attending in any manner to or helping in the of the Rules of Procedure and Conduct of
business,—
Business of the Goa Legislative Assembly.
(i) to afford him the necessary facility to ________
inspect such books of accounts or other
documents as he may require and which may be The Goa Entertainment Tax (Amendment) Bill,
available at such place; 2013
(ii) to afford him the necessary facility to (Bill No. 19 of 2013)
check or verify the cash, stock or other valuable
article or thing which may be found therein; A
and
BILL
(iii) to furnish such information as he may
require as to any matter which may be useful further to amend the Goa Entertainment Tax
for, or relevant to, any proceedings under this Act. Act, 1964 (Act 2 of 1964).
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programmes and/or ballet to which the Governor’s Recommendation under Article
number of persons exceeding two thousand 207 of the Constitution of India
are admitted on payment and also to make it
mandatory for them to obtain prior permission In pursuance of Article 207 of the
from the Commissioner for conducting such Constitution of India, I, Bharat Vir Wanchoo,
activities. the Governor of Goa, hereby recommend to
the Legislative Assembly of Goa, the
The Bill further seeks to insert a new introduction and consideration of the Goa
section 3O in the said Act so as to make it Entertainment Tax (Amendment) Bill, 2013.
mandatory for the proprietor or person to
issue tickets in the manner prescribed by Raj Bhavan, BHARAT VIR WANCHOO
rules for carrying on the activities of providing Date: / /2013. Hon. Governor of Goa.
entertainment on payment. __________
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accordance with such rules as may be including any penalty/interest is assessed before
prescribed, register the applicant and grant him or after the date of cancellation.
a certificate of registration in the prescribed form
and such certificate shall specify place of (9) Every proprietor or person liable for
providing entertainment and area of operation. registration under this Act shall have to get his
registration certificate renewed every financial
(4) The Commissioner may, after considering year on payment of renewal charges specified in
any information furnished or otherwise called
Schedule E hereto within 30 days from the
for or received under any provision of this Act,
commencement of the financial year. Provisions
amend from time to time the certificate of
registration. contained in this Act relating to registration,
shall, mutatis mutandis, apply for renewal of
(5) The Commissioner may, for good and registration.
sufficient reason, demand from the proprietor or
person, who has applied for registration under 8A. Imposition of penalty for contravening certain
this Act, a reasonable security not exceeding provisions.— (1) If a proprietor or person—
rupees one lakh, for proper payment of tax
payable by him under this Act. (a) (i) not being liable to pay tax under this
Act, collects any sum by way of entertainment
(6) The Commissioner may for good and
tax; or
sufficient cause forfeit the whole or any part of
the security obtained under sub-section (5):
(ii) being registered collects any amount
Provided that no order shall be passed under by way of entertainment tax in excess of the
this sub-section without giving the concerned tax payable by him; or
proprietor or person an opportunity of being
heard. (iii) otherwise collects tax in contravention
of the provisions of section 8E; or
(7) Where a registered proprietor or person
discontinues, transfers or otherwise disposes of (b) being liable to pay tax under this Act, or
his activity of providing entertainment or where was required so to do by the Commissioner by a
he ceases to be liable to pay tax and he applies notice, served on him, fails in contravention of
in a prescribed form to the Commissioner, then sub-section (1) of section 8F to keep a true
the Commissioner shall, after making such account of his turnover of receipts of
enquiry as may be necessary, cancel the entertainment provided or fails when directed
certificate of registration with effect from such so to do under that section to keep any account
date as he may fix in accordance with the rules. or record in accordance with direction, he shall
be liable to pay, in addition to any tax for which
(8) Where the Commissioner is satisfied that he may be liable, a penalty of an amount as
any registered proprietor or person has follows:—
discontinued, transferred or otherwise disposed
of the activity of providing entertainment and (i) If the Commissioner is satisfied that any
has failed to apply under sub-section (7) for proprietor or person has acted in contravention
cancellation of certificate of registration, the referred to in sub-clause (i) and (iii) of clause
Commissioner may, after giving the proprietor or (a), he may, after giving such proprietor or
person a reasonable opportunity of being heard, person a reasonable opportunity of being
cancel the certificate of registration with effect heard, direct him to pay by way of penalty, a
from such date as he may fix to be the date from sum not exceeding one and half times the tax
which the said activity has been discontinued, collected in contravention of the said
transferred or otherwise disposed of: provision.
Provided that, the cancellation of certificate (ii) Where there has been a contravention
of registration on an application of the proprietor referred to in sub-clause (ii) of clause (a) or in
or person or otherwise shall not affect the clause (b), a penalty not exceeding one half
liability of the proprietor or person to pay the tax times the tax in addition to any sum collected
including any penalty/interest due for any period by the proprietor or person by way of tax in
upto the date of cancellation, whether such tax contravention of section 8E shall be forfeited
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to the Government after giving such proprietor rigorous imprisonment for a term which shall
or person an opportunity of being heard. not be less than six months but which my extend
to three years and with fine of minimum of rupees
(2) If the Commissioner, in the course of any ten thousand and maximum of not exceeding
proceeding under this Act or otherwise, has the tax liability;
reason to believe that any person has become
liable to a penalty or forfeiture or both penalty (ii) in any other case, with rigorous
and forfeiture of any sum under sub-section (1), imprisonment for a term, which shall not be less
he shall serve on such person a notice in the than three months but which may extend to one
prescribed manner requiring him on a date and year and with fine not exceeding rupees five
at a place specified in the notice to attend and thousand.
show cause as to why a penalty or forfeiture or (2) Whoever knowingly keeps false account of
both penalty and forfeiture of any sum as the receipts in contravention of section 8F, shall, on
provided in sub-section (1) should not be conviction, be punished with rigorous imprisonment
imposed on him. for a term which shall not be less than three months
(3) The Commissioner shall, thereupon, hold but which may extend to one year and with fine
an inquiry and shall make such order as he thinks not exceeding rupees five thousand.
fit.
(3) Whoever,—
(4) If the Commissioner has reason to believe (i) wilfully attempts, in any manner
that the entry into this casino to any person is whatsoever, to evade any tax leviable under this
allowed without payment of charges for Act; or
admission as provided in column (3) of Schedule
‘D’ appended to this Act then the proprietor or (ii) wilfully attempts, in any manner
the person operating such casino shall be whatsoever, to evade any payment of any tax or
imposed a penalty of Rs. 2000/- per person. penalty or interest under this Act, he shall, on
conviction, be punished.
(5) If any proprietor or person or distributor
required to furnish any information or produce (a) in case where the amount involved
accounts as provided in section 6H:— exceeds Rs. 50,000 during the period of a year,
with rigorous imprisonment for a term which
(a) wilfully refuses or neglects to furnish shall not be less than six months but which
such information as may be required by that may extend to three years and with fine of
section; or minimum of rupees ten thousand and
(b) wilfully furnishes or causes to be maximum of rupees fifty thousand;
furnished any information which he knows to (b) in any other case, with rigorous
be incorrect or false; or imprisonment for a term which shall not be
less than three months but which may extend
(c) wilfully conceals any material
to one year and with fine not exceeding rupees
information, he shall on conviction, be
ten thousand;
punished with fine which may extend to
Rs. 5000/- and in case of continuing offence to (4) Whoever aids or abets any person in
a further fine of Rs. 100/- per day after the first commission of any act specified in sub-sections (1)
day during which the offence continues. to (3), shall, on conviction, be punished with
rigorous imprisonment which shall not be less than
(6) No prosecution for an offence under this three months but which may extend to one year
Act shall be instituted in respect of the same
and with fine not exceeding rupees five thousand.
facts on which a penalty has been imposed under
this section. (5) Whoever—
8H. Offences and penalties.— (1) Whoever, (a) carries on business without being
knowingly furnishes a false returns shall, on registered and without his registration certificate
conviction, be punished. being renewed in willful contravention of section
3G; or
(i) in case where the amount of tax, which
could have been evaded if the false return had (b) fails, without sufficient cause, to furnish
been accepted as true, exceeds Rs. 10,000/-, with any information required by section 3M; or
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SERIES I No. 6 9TH MAY, 2013
(c) fails, without sufficient cause, to furnish otherwise than in execution of his duties under
any returns as required by section 4 by the date that section or for the purposes of the prosecution
and in the manner prescribed; or of an offence under this Act or under the Indian
Penal Code, 1860 (Central Act 45 of 1860), shall, on
(d) voluntarily obstructs any officer making
conviction, be punished with imprisonment for a
inspection, search and seizure under section 6H;
term which may extend to six months or with fine
or
which may extend to two thousand rupees, or with
(e) contravenes, without reasonable cause, any both.
of provisions of section 8A; or
(10) Save as provided in sub-section (2) of section
(f) fails, without sufficient cause, when 9B, if any servant of the Government discloses any
directed to keep any accounts or record, in of the particulars referred to in sub-section (1) of
accordance with such direction and to comply that section, he shall, on conviction, be punished
with requirements made to him under section with imprisonment which may extend to six months
8F; or or with fine of rupees five thousand or with both.
(g) voluntarily obstructs any Officer making
inspection under section 8F, shall, on conviction, (11) No prosecution for an offence under this Act
be punished with imprisonment for a term which shall be instituted in respect of the same facts on
may extend to one year and with fine not which a penalty has been imposed by the
exceeding rupees twenty five thousand. Commissioner under any provisions of this Act.
________
(6) Whoever commits any of the acts specified in
sub-sections (1) to (5) and the offence is a continuing LA/LEGN/2013/333
one under any of the provisions of these sub-
-sections, shall, on conviction, be punished with a The following bill which was introduced
daily fine of not less than rupees two hundred in the Legislative Assembly of the State of
during the period of the continuance of the offence, Goa on 29th April, 2013 is hereby published
in addition to the punishments provided under this for general information in pursuance of Rule-
section. -138 of the Rules of Procedure and Conduct
(7) Notwithstanding anything contained in sub- of Business of the Goa Legislative Assembly.
-sections (1) to (6), no person shall be proceeded ________
against under these sub-sections for the acts
referred to therein, if the total amount of tax evaded The Goa Tax on Entry of Goods (Amendment)
or attempted to be evaded is less than rupees ten Bill, 2013
thousand during the period of a year.
(Bill No. 20 of 2013)
(8) Whoever, when required to furnish any
information or returns under section 9A,— A
(a) willfully refuses or without lawful excuse BILL
neglects to furnish such information or returns;
or further to amend the Goa Tax on Entry of
(b) willfully furnishes or causes to be furnished Goods Act, 2000 (Goa Act 14 of 2000).
any information or returns which he knows to be
false, he shall, on conviction, be punished with Be it enacted by the Legislative Assembly
fine which may extend to five thousand rupees of Goa in the Sixty-fourth Year of the Republic
and in case of a continuing offence to a further of India, as follows:—
fine which may extend to two hundred rupees
for each day after the first offence during which Short title and commencement.— (1) This
the offence continues. Act may be called the Goa Tax on Entry of
Goods (Amendment) Act, 2013.
(9) Whoever, when engaged in connection with
the collection of statistics under section 9A, (2) It shall come into force on such date as
willfully discloses any information or the contents the Government may, by notification in the
of any returns given or made under that section, Official Gazette, appoint.
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2. Amendment of section 2.— In section 2 of SCHEDULE I hereto, into a local area upon
the Goa Tax on Entry of Goods Act, 2000 (Goa use of any facilities/infrastructure or any
Act 14 of 2000) (hereinafter referred to as the other amenities belonging to or provided
“principal Act”),— by the State for consumption, use or sale
(i) in clause (A),— therein, at such rates shown against each
of the entry in the said SCHEDULE.”;
(a) in sub-clauses (c) and (d) for the
expression “the Goa Sales Tax Act, 1964 (ii) In section 3, in sub-section (3) and in
(Act 4 of 1964)”, the expression “the Goa other sections, for expression “the Goa Sales
Value Added Tax Act, 2005 (Goa Act 9 of Tax Act, 1964 (Act No. 4 of 1964)”, wherever
2005)” shall be substituted; it occurs, the expression “the Goa Value
(b) for sub-clause (h), the following Added Tax Act, 2005 (Goa Act 9 of 2005)”
sub-clause shall be substituted, shall be substituted.
namely:—
4. Insertion of new sections 3C and 3D.— In
“(h)“Additional Commissioner”
the principal Act, after section 3B, the following
means the person appointed by that
new sections shall be inserted, namely:—
designation by the Government under
the Goa Value Added Tax Act, 2005
“3C. Levy of tax on certain types of
(Goa Act 9 of 2005).”
goods.— (1) Notwithstanding anything
(c) after sub-clause (r), the following contained in section 3 and/or section 10,
sub-clause shall be inserted, namely:— there shall be levied and collected a tax on
entry of any goods, other than those
“(ra) ‘transpor ter’ means any
specified in SCHEDULE II to the Act, into a
person, who carries on the business of
local area for delivery by any transporter to
transporting goods on account of any
the consignee or any other person within
other person into, or outside, or within
the local area for use or sale therein on the
the State of Goa and includes carrier,
purchase value of such goods at the rates
transporting agent, courier and parcel
ser vice operators and bus service specified in SCHEDULE I hereto.
operators.
(2) The transporter shall be liable to pay
Explanation.— For the purposes of the tax levied under this section on the
this clause, the expression “transpor- goods transported and delivered by him to
ting agent” shall also include a the consignee or any other person, where
clearing, forwarding, shipping and destination of such goods is within the local
handling agent,”; area.
(ii) in clause (B) and in any other sections, (3) On failure of the transporter to pay the
for the expression “the Goa Sales Tax Act, tax levied under this section, the transporter
1964 (Act No. 4 of 1964)”, the expression and the consignee shall be jointly and
“the Goa Value Added Tax Act, 2005 (Goa severally liable for payment of such tax and
Act 9 of 2005)” shall be substituted. penalty levied, if any:
3. Amendment of section 3.— In the Provided that the Government shall have
principal Act,— first charge over such goods till payment of
(i) in section 3, for sub-section (1) the tax and/or penalty is made:
following sub-section shall be substituted, Provided that no tax shall be levied under
namely:— this section on goods brought in the local
“(1) There shall be levied and collected area, by the transporter for delivery to a
a tax on entry of any goods specified in dealer registered under the Goa Value
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SERIES I No. 6 9TH MAY, 2013
Added Tax Act, 2005 (Goa Act 9 of 2005) and levy of penalty, appeals, review, revision,
is liable to pay value added tax for use in recovery, etc., specified in the Act for a
manufacture or processing of goods for dealer shall mutatis mutandis be applicable
sale.”. to the transporter.”.
3D. Amendment to the Schedule.— (i) The 7. Amendment of section 29.— In section 29
Government may, by notification in the Official of the principal Act, in sub-sections (3), (5) and
Gazette,— (7) and in any other section of the principal
Act, for the words “Deputy Commissioner”, the
(a) reduce any rate of tax,
words “Additional Commissioner” shall be
(b) enhance any rate of tax, substituted.
and may, by like notification, add to, or omit 8. Amendment of section 37.— In section 37
from or otherwise amend any entry of, any of the principal Act,—
SCHEDULE hereto and thereupon the
SCHEDULE shall be deemed to have been (i) in sub-section (2), for the word and
amended accordingly. figures “section 33”, the word and figures
“section 75” shall be substituted;
(ii) Any notification issued under clause (i)
(ii) in sub-section (4), for the expression
shall take effect prospectively, either from the
“sub-section (3) of section 33B” of Goa Sales
date of publication thereof in the Official
Tax Act, 1964”, the expression “sub-section
Gazette or from a later date as may be
(5) of section 75 of the Goa Value Added Tax
mentioned therein;
Act, 2005” shall be substituted.
(iii) The provisions contained in section 50 9. Substitution of SCHEDULE I and II.— In
regarding rules made by the Government shall the principal Act, for the existing SCHEDULE
apply mutatis mutandis to any notification I and II, the following SCHEDULES shall be
issued under clause (i), as they apply to rules respectively substituted, namely:—
made by the Government.”
“SCHEDULE I
5. Amendment of section 8.— In section 8 of See section 3(1)
the principal Act, in sub-section (1), in clause
(a), for the word and figures “section 11”, the Sr. No. Commodity Rate of tax
word and figures “section 18” shall be (1) (2) (3)
substituted.
(1) ACSR Conductors 5%
6. Insertion of section 8A.— The existing (2) Air-conditioners 12.5%
section 8A shall be re-numbered as section 8B (3) Air-conditioning plants, air-coolers
and before section 8B as so re-numbered, the and air-conditioners and parts
following section shall be inserted, namely:— thereof 12.5%
(4) Brass, bronze and copper articles
“8A. Provision for registration, returns,
including sheets, circles, rods,
payment of tax, assessment, levy of penalty, rounds, squares and flats made
etc., for transporters of goods.— (1) Every of brass, bronze and copper inclu-
transporter who transports the goods for ding ETP copper cathode but
delivery into the local area and liable to pay excluding those specified elsewhere 5%
tax under this Act shall get himself (5) Bricks 1%
registered under this Act in the manner as
may be prescribed. (6) Bulk Drugs 0.5%
(7) Bullion and specie and articles made
(2) The provisions as regards to returns, of gold and silver other than those
payment of tax, assessment, re-assessment, specified elsewhere 0.5%
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(1) (2) (3) (1) (2) (3)
(8) Butter, ghee and cheese 5% nylon straps and metal clips used in
(9) Cables of all kinds 5% packing 1%
(10) Cassette tape recorders and players (27) Hardware, that is to say:— 12.5%
(audio and video) including audio (i) fittings of doors, windows and
and video cassettes 5% furniture (made of base metal
(11) Cement and water and weather and alloy thereof)
proofing compounds 12.5% (ii) bolts, nuts, rivets, screws of base
(12) Cement products 12.5% metal or alloy thereof including
bolt ends, screw studdings, self
(13) Chemicals of all kinds except tapped screws, screw hooks,
rubber chemicals 0.5% screw rings, wire nails, measuring-
-tapes and scales
(14) Coal with the meaning as it is attri-
buted to the said item by section (iii) Metallic barbed wire, metallic
14 of the Central Sales Tax Act, wire mesh and metallic wire
1956, as amended from time to time 2% nettings
(15) Cocoa, cocoa butter, cocoa liquor, (28) Industrial gas, such as oxygen,
cocoa beans, glucose in any form, acetylene, nitrogen and the like in
vegetable fat 1% any form and packaging 1%
(16) Domestic and commercial electrical (29) Iron and Steel scrap 5%
appliances including fans, but (30) Laminated, impregnated or coated
other than torches, torch cells and matting materials such as linoleum
filament lighting bulbs 12.5% generally used for floor covering
(17) Dyes 2% (other than floor tiles) 12.5%
(18) Edible oils including hydrogenated (31) Lifts, elevators and escalators
oils and cooking medium 5% whether operated by electricity or
hydraulic power including its spares 5%
(19) Electrical and electronic goods,
appliances, instruments and appa- (32) Machinery (all kinds) and
ratus and parts and accessories parts and accessories thereof but
thereof but excluding those excluding agricultural machinery 2%
specified elsewhere 12.5% (33) Marble slabs and articles made
(20) Empty glass bottles used for beer or therefrom 15%
other like products 12.5% (34) Medicinal and Pharmaceutical
(21) Fibreglass sheets and articles preparations 2%
made of fibreglass 5% (35) Molasses 2%
(22) Films (all kinds) including X-ray films 5%
(36) Motor vehicles (all kinds) and
(23) Fire works and colour matches 12.5% parts and accessories thereof
(24) Foamed rubber, plastic foam or any including chassis of motor vehicles 12.5%
other synthetic foam articles such as (37) Non-ferrous castings and ingots and
sheets, cushions, pillows, mattresses
scrap base metals (other than iron
and the like 12.5%
and steel scrap) and alloys thereof 5%
(25) Furniture of all kinds including
treasure chests, safes and lockers (38) Packing materials namely:—
and parts and accessories thereof 12.5% (i) fibre board boxes, paper bags,
(26) Glass vials, glass ampoules, alumi- carrier bags 2%
nium pouches, hard gelatin Paper boxes, folding cartons, card
capsules, soft gelatin capsules, board boxes, corrugated board boxes
ROPP caps, labels, BOPP tapes, and the like 4%
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SERIES I No. 6 9TH MAY, 2013
(ii) tin plate containers (cans, tins and (b) Crude oil 1%
boxes), tin sheets, aluminium foil, Liquid petroleum gas (LPG) 1%
aluminium tubes, collapsible
tubes, aluminium or steel drums, Kerosene used for purposes other
barrels and crates and the like 2% than household 20%
Kerosene used for household
(iii) plastic, poly-vinyl chloride purposes 1%
and polyethylene films, bottles,
pots, jars, boxes, crates, cans, carboys, Any other petroleum product not
drums, bags and cushion materials specified hereinabove 20%
and the like 2% (42) Photo albums 5%
(iv) wooden boxes, crates, casks and (43) Plastic granules, plastic chip or
containers and the like 2% liquid including PVC, LDPA, HDPE,
POLYDROPYLENE, LLDPE, Nylons,
(v) gunny bags, bardon (including
Polyterences and polycarbonates 1%
batars), hessian cloth, and the like 2%
(44) Plastic measuring cups, droppers,
(vi) glass bottles, glass jars and carboys bottles, caps, cases for rapid diagno-
other than those covered elsewhere 2% stic kits 5%
(vii) laminated packing materials, (45) Polythenen bags, plastic woven
such as bituminized paper and sackhs (HDPE & LDPE) 1%
hessian based paper and the like 2%
(46) Raw materials, component parts and
(39) Paints, colours, varnishes, pigments, inputs which are used in the manu-
polishes, indigo, enamel, bale oil, facture of an intermediate or finished
white oil, turpentine (all kinds), product other than those specified
thinners, primers and paint brushes 12.5% in the Second Schedule. 2%
(40) Paper (all kinds) including carbon (47) Readymade garments including
paper, blotting paper, waterproof caps, neck ties and bows 5%
paper, PVC coated paper, ferro paper,
ammonia paper, stencil paper but (48) Refrigerators including deep freezers,
excluding photographic paper, pulp bottle coolers, water coolers, cold
boards, art boards, duplex boards, storage equipments and the like
triplex boards, card boards, corru- and parts thereof 12.5%
gated boards and the like; cellophane 5% (49) Rolling shutters and collapsible gates
whether operated manually, mecha-
(41) Petroleum Products, including—
nically or electrically and their parts 12.5%
(a) Motor spirit commercially known (50) Roofing, light and false roofing
as petrol including ethanol doped materials including cement and
petrol 20% asbestos sheets, asphalt sheets, straw
High Speed Diesel (HSD) 20% boards, hard and soft boards,
plywood veneered panels and
Furnace oil 14%
laminated sheets 12.5%
Lubricating oil 12%
(51) Rubber chemicals and carbon black 1.5%
Transformer oil 12%
(52) Rubber, namely, that is to say,—
Brake or clutch fluid 12%
a. Rubber plates, sheets and strips
Bitumen (asphalt), tar and others 12% un-hardened whether vulcanized or
Aviation fuel 12% not and whether combined with any
Naptha 18% textile material or otherwise 1%
Naptha used as raw material by b. Piping and tubing of
chemical fertilizer industry 15% unhardened vulcanized rubber 1%
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disclose the goods on which entry tax is chemical or other process for being made fit for
leviable alongwith the rate of tax thereof. consumption, save mere cleaning grading, sorting
Substitution of SCHEDULE II is consequential or drying;
in nature. (b) “assessee” means a person who is liable to
pay tax;
Financial Memorandum
(c) “assessing authority” means any officer
No financial implications are involved in this empowered to make an assessment under the Goa
Bill. Sales Tax Act, 1964 (Act 4 of 1964);
(d) “Assistant Commissioner” means a person
Memorandum Regarding Delegated Legislation
appointed by that designation by the
Clause 4 of the Bill empowers the Government under the Goa Sales Tax Act, 1964
Government to amend any entr y in the (Act 4 of 1964);
SCHEDULE by issue of Notification. (e) “business” includes any trade, commerce
or manufacture or any adventure or concern in
This delegation is of normal character. the nature of trade, commerce or manufacture,
whether or not such trade, commerce,
manufacture, adventure or concern is carried on
Assembly Hall, Shri MANOHAR PARRIKAR
with a motive to make gain or profit and whether
Porvorim, Goa. Hon. Chief Minister/
or not any profit accrues from such trade,
27th April, 2013. /Finance Minister commerce, manufacture, adventure or concern
and any transaction in connection with or
Assembly Hall, N. B. SUBHEDAR incidental or ancillary to such trade, commerce,
Porvorim, Goa. Secretary to the Legislative manufacture, adventure or concern;
27th April, 2013. Assembly of Goa. (f) “Commissioner” means the person
appointed to be the Commissioner of Sales Tax in
Governor’s Recommendation under Article 207 the State and includes an Additional
of the Constitution of India Commissioner;
In pursuance of Ar ticle 207 of the (g) “dealer” means any person who in the
course of business, whether on his own account
Constitution of India, I, Bharat Vir Wanchoo,
or on account of a principal or any other person,
the Governor of Goa hereby recommend to the brings or causes to be brought into a local area
Legislative Assembly of Goa, the introduction any goods or takes delivery or is entitled to take
and consideration of the Goa Tax on Entry of delivery of goods on its entry into a local area and
Goods (Amendment) Bill, 2013. includes an occasional dealer, a casual trader, a
non-resident dealer;
Raj Bhavan, BHARAT VIR WANCHOO
27th April, 2013. Hon. Governor of Goa Explanation I:— An industrial, commercial or
trading undertaking of the Government of Goa,
________ the Central Government or any other State
ANNEXURE Government, a local authority, company, a Hindu
undivided family, a firm, a society, a club or an
Bill No. 20 of 2013 association which carries on such business shall
.......................................................................................................
be deemed to be a dealer for the purposes of this
Extract of the Goa Tax on Entry of Goods Act,
Act.
200 (Act 14 of 2000)
......................................................................................................... Explanation II:— A society (including a co-
2. Definitions.— (A) In this Act, unless the context -operative society), club or firm or an association
otherwise requires,— which, whether or not in the course of business,
buys, sells, supplies or distributes goods from or
(a) “agricultural produce or horticultural to its members for cash or for deferred payment or
produce” shall not include tea, coffee, rubber, for commission, remuneration or other valuable
cashew, cardamom, pepper and cotton; and such consideration, shall be deemed to be a dealer for
produce as has been subjected to any physical, the purpose of this Act.
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Explanation III:— The Central Government or a the Goa Panchayat Raj Act, 1993 (Act 14 of 1994),
State Government other than the Government of a cantonment board, any specified area notified
Goa which, whether or not, in the course of by the Government and any other local authority
business, buys, sells, supplies or distributes goods, by whatever nomenclature called, constituted or
directly or otherwise, for cash or deferred payment continued under any law for the time being in
or for commission, remuneration or other valuable force;
consideration shall be deemed to be a dealer for
the purpose of this Act. (n) “occasional dealer” means any person who,
in the course of occasional transactions of
Explanation IV:— When a consignee does not business nature, whether on his own account or
take delivery of goods upon its entry into a local on account of a principal or any other person,
area, and such goods are sold under the provisions brings or causes to be brought into a local area
of any law, the buyer who takes delivery of such any goods or takes delivery or is entitled to take
goods upon the goods being sold shall be deemed delivery of goods on its entry into a local area;
to be the dealer thereof.
(o) “place of business” means any place where
Explanation V:— A person undertaking the a dealer is doing business and includes:-
execution of works contract involving the use or 1. any warehouse, godown, or other place
consumption of goods entering into a local area where the dealer stores or processes his goods;
shall be deemed to be the dealer thereof. 2. any place where the dealer produces or
manufactures goods;
Explanation VI:— Any person who brings or
causes to be brought any goods into a local area, 3. any place where the dealer keeps his
but resides outside the State of Goa (hereinafter books of accounts;
referred to as “a non-resident dealer”) including 4. any place where the dealer carries on
his agent or manager shall be deemed to be the business through an agent (by whatever name
dealer thereof. called), the place of business of such agent;
Exception:— An agriculturist who brings (p) “registered dealer” means a dealer
exclusively agricultural produce grown on land registered under this Act;
cultivated by him personally shall not be deemed (q) “Schedule” means a Schedule appended to
to be a dealer within the meaning of this clause. this Act;
(h) “Deputy Commissioner” means the person (r) “tax” means tax leviable under this Act;
appointed by that designation by the Government
under the Goa Sales Tax Act, 1964 (Act 4 of 1964); (s) “Tribunal” means the Tribunal constituted
under the Goa Administrative Tribunal Act, 1965
(i) “facility/infrastructure” includes roads/ (Act 6 of 1965);
/bridges/any river transport facilities like jetty, etc.,
industrial estates, any other facilities having its (t) “value of goods” shall mean the purchase
impact on movement of goods or processing; value of such goods, that is to say, the purchase
price at which a dealer has purchased the goods
(j) “goods” means all kinds of movable property or if such goods have not been purchased by him,
(other than newspapers, actionable claims, stocks, the prevailing market price of such goods in the
and shares and securities) and includes livestock; local area;
(k) “goods vehicle” means any kind of vehicle (u) “works contract” means any agreement for
used for carriage of goods, either solely or in carrying out for cash, deferred payment or other
addition to passengers (other than aeroplanes and valuable consideration, the construction, fitting
rail coaches) and includes push cart, animal drawn out, improvement or repair of any building, road,
cart, tractor-trailer and the like; bridge or any other immovable property, or
(l) “Government” means the Government of manufacture, processing, fabrication, erection,
Goa; installation, fitting out, improvement,
modification, repair, conversion or, commissioning
(m) “local area” means the area within the of any movable property;
limits of a Council constituted under the Goa
Municipalities Act, 1968 (Act 7 of 1969), or a (v) “Year” means the year commencing on the
Panchayat or Zilla Panchayat established under first day of April.
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SERIES I No. 6 9TH MAY, 2013
(B) Words and expressions used in this Act, but to be brought into the local area and in case of tax
not defined, shall have the meaning as assigned to under the Central Sales Tax Act, 1956, that which
them in the Goa Sales Tax Act, 1964 (Act No. 4 of is paid or become payable in the State of Goa.
1964).
(4) No tax shall be levied under this Act on any
3. Levy of tax.— (1) There shall be levied and goods specified in SCHEDULE II hereto on its entry
collected a tax on entry of any goods specified in into a local area for consumption, use or sale therein.
SCHEDULE I hereto, into a local area upon use of any
facilities/infrastructure or any other amenities (5) No tax shall be levied on a defence unit or
belonging to or provided by the State for establishment which causes entry of any goods liable
consumption, use or sale therein, at such rates not to tax under this Act, into a local area for use by
exceeding the rate as provided for such goods under it in the manufacture, repair or research and
the Goa Sales Tax Act, 1964 (Act 4 of 1964) as may be development of defence and defence related goods
specified retrospectively or prospectively by the only if it is brought in directly by the establishment
Government by notification, and different dates and itself.
different rates may be specified in respect of different
goods or different classes of goods or different local (6) Every manufacturer who brings or causes to be
areas. brought any goods into a local area for consumption
or use therein, the aggregate value of which is less
(2) The tax levied under sub-section (1) shall be than one lakh rupees in a year and any other dealer
paid by every registered dealer or a dealer liable to who brings or causes to be brought any goods into a
get himself registered under this Act who brings or local area for consumption, use or sale therein, the
causes to be brought into a local area the goods, aggregate value of which is less than two lakh rupees
using any facilities/infrastructure or any other in a year, shall not be liable to pay tax for that year:
amenities belonging to or provided by the State
whether on his own account or on account of his Provided that every non-residential dealer
principal or any other person or who takes delivery including his agent or manager, or every occasional
or is entitled to take delivery of such goods on its dealer shall be liable to pay the tax each year at the
entry into a local area. rates specified irrespective of the aggregate value of
the goods brought or caused to be brought into the
Explanation:— Where the goods are taken local area during the year.
delivery of on its entry into a local area or brought
into a local area by a person other than a dealer, the (7) The tax shall be assessed, levied and collected
dealer who takes delivery of the goods from such in such manner and in such instalments, if any, as
person shall be deemed to have brought or caused to may be prescribed.
have brought the goods into the local area.
(8) Subject to such rules as may be made the
assessing authority may assess a dealer for any year,
(3) Notwithstanding anything contained in sub-
as if, the aggregate value of the goods brought or
-section (1) or sub-section (2), no tax shall be levied caused to be brought into a local area in such year
on and collected from a dealer who brings or causes had been received as in the previous year.
to be brought into a local area any goods,—
(9) The tax shall be in addition to the tax levied
1. in respect of which tax has been paid or has and collected as octroi by a Municipal Council, Zilla
become payable in any other local area under sub- Panchayat or Village Panchayat or any other local
-section (1), or authority, as the case may be, within its local areas.
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entitled to take delivery of such goods, the preferred, as the case may be, on receipt of notice
aggregate value of which is not less than two lakhs that an appeal against the order of the Deputy
rupees in a year, shall get himself registered under Commissioner or Assistant Commissioner has been
this Act in such manner, on payment of such fee preferred under sub-section (1) by the other party,
and within such period as may be prescribed. The
may, notwithstanding that he has not appealed
registration shall be renewed from year to year on
against such order or any part thereof, file at any
payment of the prescribed fee until it is cancelled:
time before the appeal is finally heard, a
Provided that every dealer who is a memorandum of cross-objections, verified in the
manufacturer who brings or causes to be brought prescribed manner, against any part of the order of
such goods into a local area for consumption or the Deputy Commissioner or the Assistant
use therein, shall get himself registered under this Commissioner, as the case may be, and such
Act, if the aggregate value of such goods brought memorandum shall be disposed of by the Tribunal as
into a local area is not less than one lakh rupees in
if it were an appeal presented within the time
a year.
specified in sub-section (1).
(2) Notwithstanding anything contained in sub-
-section (1),— (4) The appeal or the memorandum of cross-
-objections shall be in the prescribed form, shall be
(i) every dealer undertaking execution of works verified in the prescribed manner, and in the case of
contract involving the use or consumption of an appeal preferred by any person other than an
goods entering into a local area; officer empowered by the Government under sub-
-section (1) shall be accompanied by a fee equal to
(ii) every occasional dealer; two per cent of the amount of assessment objected
to, provided that the sum payable in no case be less
(iii) every manager or agent of a non-resident
dealer; other than a dealer dealing exclusively in than two hundred rupees or more than one thousand
the goods specified in the Schedule II, shall get rupees.
himself registered irrespective of the value of such (5) Notwithstanding that an appeal has been
goods. preferred under sub-section (1), the payment of tax
or penalty or any other amount, payable in
(3) No dealer who is already registered under the
accordance with any order passed by the Deputy
Goa Sales Tax Act, 1964 (Act 4 of 1964), shall be
Commissioner or the Assistant Commissioner under
required to pay registration or renewal fee under this
section 28 shall not, pending disposal of the appeal,
Act.
be stayed by the Tribunal.
(4) Nothing contained in this section shall apply
(6) The Tribunal shall, after giving both parties to
to any State Government or the Central Government.
the appeal a reasonable opportunity of being heard,
29. Appeal to the Tribunal.— (1) Any officer pass such orders thereon as it thinks fit:
empowered by the Government in this behalf or any
other person objecting to an order passed by the Provided that if the appeal involves a question of
appellate authority under section 28 or an order law on which the Tribunal has previously given its
passed by a revisional authority under sub-section decision in another appeal and either a revision
(3) of section 30 may appeal to the Tribunal within a petition in the High Court against such decision or
period of sixty days from the date on which the order an appeal in the Supreme Court against the order of
was communicated to him. the High Court thereon is pending, the Tribunal may
defer the hearing of the appeal before it till such
(2) The Tribunal may admit an appeal preferred
revision petition in the High Court or the appeal in
after the period of sixty days referred to in sub-section
(1) but within a further period of one hundred and the Supreme Court is disposed of:
eighty days if it is satisfied that the appellant had
Provided further that if as a result of the appeal
sufficient cause for not preferring the appeal within
any change becomes necessary in the assessment
that period.
which is the subject matter of the appeal, the Tribunal
(3) The officer authorized under sub-section (1) or may authorise the assessing authority to amend the
the person against whom an appeal has been assessment, and the assessing authority shall amend
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the assessment, accordingly and thereupon, any (11) Every order passed by the Tribunal under sub-
amount over paid by the assessee shall be refunded -section (5) or sub-section (7) or sub-section (8) shall
to him without interest, or any additional amount of be communicated to the appellant, the respondent,
tax due from him shall be collected in accordance the authority on whose order the appeal was
preferred and the Assistant Commissioner concerned
with the provisions of the Act, as the case may be.
if he is not such authority, and the Commissioner.
(7) Notwithstanding that an appeal has been
(12) Every order passed by the Tribunal under sub-
preferred under sub-section (1), tax shall be paid in
-section (5) shall, subject to the provisions of sub-
accordance with the assessment made in the case: -section (6), sub-section (7) and section 31, be final.
Provided that the Tribunal may, except in case of 37. Recognition of excise/sales tax checkposts or
an appeal against an order passed by the Deputy barriers for the purposes of the Act.— (1) With a view
Commissioner or Assistant Commissioner under to prevent or check evasion of tax under this Act,
section 28 in its discretion, give such directions as it checkposts or barriers or both, as the case may be,
thinks fit, in regard to the payment of tax, if the established or erected under the provisions of the
appellant furnishes sufficient security to its Goa Sales Tax Act, 1964 (Act 4 of 1964) or the Goa
satisfaction in such form and manner as may be Excise Duty Act, 1964 (Act 5 of 1964) shall be
prescribed. recognized for the purposes of this Act.
(8) (a) The Tribunal may, on the application, either (2) The owner or person-in-charge of a goods
of the appellant or of the respondent, review any order vehicle carrying any of the goods shall carry with
him the documents prescribed for the purpose of
passed by it under sub-section (5) on the basis of facts
section 33 of the Goa Sales Tax Act, 1964 (Act 4 of
which were not before it when it passed the order:
1964) and produce and give a copy of the same in the
Provided that no such application shall be manner and to the officer prescribed in the said
preferred more than once in respect of the same order. section.
(b) The application for review shall be preferred in (3) Where the owner or person in-charge of the
the prescribed manner within six months from the goods vehicle carrying any goods is not required to
date on which the order to which application relates carry the documents prescribed for the purpose of
was communicated to the applicant; and where the the Goa Sales Tax Act, 1964, he shall give a declaration
application is preferred by any person other than an in the prescribed form to the officer prescribed in
officer empowered by the Government under sub- the said section.
-section (1), it shall be accompanied by a fee equal to
(4) The officer referred to in sub-section (3) of
that which had been paid in respect of the appeal:
section 33B of Goa Sales Tax Act, 1964 may, in cases
Provided that if the application for review is of the type and in the circumstances mentioned in
preferred within ninety days from the date on which the said sub-section levy penalty not exceeding
the order to which application relates is double the amount of tax leviable under this Act in
communicated to the applicant the application shall respect of the goods under transport.
be accompanied by half the fee which had been paid
(5) Where goods are delivered to a carrier or other
in respect of the appeal.
bailee for transmission, the movement of the goods
(9) With a view to rectifying any mistake apparent shall be deemed to commence at the time of such
from the record, the Tribunal may, at any time, within delivery and terminate at the time when delivery is
five years from the date of any order passed by it under taken from such carrier or bailee. Where before
sub-section (5) or sub-section (7), amend such order: delivery is taken from him, a carrier or bailee to whom
goods are delivered for transmission, keeps the said
Provided that no order under this sub-section shall
goods in any office, shop, godown, vessel, receptacle,
be made without giving both parties affected by the
order a reasonable opportunity of being heard. vehicle or any other place of business or any building
or place, any officer empowered to exercise the
(10) Except as provided in the rules made under powers under this section shall have power to enter
this Act, the Tribunal shall not have power to award into and search, such office, shop, godown, vessel,
costs to either of the parties to the appeal or review. receptacle, vehicle or other place of business or
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building or place and to examine the goods and vehicle or the godown not to deliver the goods until
inspect all records relating to such goods. The carrier permitted to do so by him or such other officer to
or bailee or the person-in-charge of the goods and whom the matter is referred for verification and allow
records shall give all facilities for such examination the intercepted vehicle, if any, to pass through.
or inspection and shall, if so required, produce the
(8) The verification under sub-section (7) shall be
bill of sale or delivery note or other documents
completed within a period of fifteen days from the
referred to in sub-section (2) and give a declaration
date of the direction issued under that sub-section
containing such particulars as may be prescribed
and where such verification cannot be completed
regarding the goods and give his name and address
within the aforesaid period, the officer who has issued
and the name and address of the carrier or the bailee
such direction, or, as the case may be, the officer to
and the consignee.
whom the matter is referred for verification shall
obtain the permission in writing of the next higher
(6) If any officer empowered to enter into and
authority to extend such period for completion of the
search any office, shop, godown, vessel, receptacle,
verification, so however, such extension shall not be
vehicle or any other place of business or any building
permitted for the period exceeding fifteen days at a
or place where a carrier or bailee keeps the goods
time.
delivered to him for transmission, has reason to
suspect that such carrier or bailee has colluded with (9) Where such officer or other officer to whom the
the owner of the goods in evading payment of any matter is referred, upon such verification is of the
tax, he may, for reasons to be recorded in writing, opinion that there is a non-compliance with sub-
seize accounts, registers, records or other documents -section (2), punishable under sub-section (4), he may,
of the bailee or carrier as he may consider necessary proceed against such goods in the custody of the
and shall give a receipt for the same. The accounts, carrier, or the person-in-charge of vehicle or the
registers, records and other documents seized shall godown in accordance with sub-section (4) of this
be retained by such officer only for so long as may be section.
necessary for their examination and for any inquiry
or proceeding under this Act: (10) Where the officer-in-charge of the checkpost
or any empowered officer has issued a notice for
Provided that all searches and seizures under sub- contravention of any of the provisions of this section,
-section (5) or (6) shall, so far as may be, made in further proceedings in pursuance to such notice may,
accordance with the provisions of the Code of subject to such conditions and in such manner as
Criminal Procedure, 1973 (Central Act 2 of 1974): may be prescribed, be continued by any other officer
Provided further that accounts, registers, records empowered by the Commissioner in this behalf, from
and other documents so seized shall not be retained the stage at which it is pending.
by such officer for a period exceeding one hundred _________
eighty days from the date of seizure, unless the LA/LEGN/2013/373
reasons for retaining the same beyond the said period
are recorded by him in writing and the approval of The following bill which was introduced
the next higher authority is obtained and such in the Legislative Assembly of the State of
approval in any case shall not be for more than sixty Goa on 30th April, 2013 is hereby published
days at a time. for general information in pursuance of Rule-
-138 of the Rules of Procedure and Conduct
(7) Where the officer-in-charge of the checkpost of Business of the Goa Legislative Assembly.
or barrier, or the officer empowered as aforesaid on ________
interception of the goods vehicle or inspection of any
godown, is of the opinion that further verification is The Goa Land (Prohibition on Construction)
necessary with respect to either accuracy of the (Amendment) Bill, 2013
particulars furnished in the documents accom-
panying the goods under transport or in transit, or as (Bill No. 21 of 2013)
to the sufficiency and the cause adduced in respect
A
of any contravention of sub-section (2), he may verify
the particulars himself or if it is necessary cause it to BILL
be verified by referring the matter to any other officer
and if such verification is not likely to be completed further to amend the Goa Land (Prohibition
within a reasonable time, he may direct in writing on Construction) Act, 1995 (Goa Act No. 20
the carrier or the person-in-charge of the goods of 1995).
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concerned authority, the same shall be The Bill also seeks to insert new sections
attached by the authority mentioned in viz. section 8 for protection of action taken in
sub-section (1) in such manner as may be good faith and section 9 for bar on suits and
specified by the Government by a prosecution.
notification in the Official Gazette, without
any notice.”. The Bill seeks to achieve the above objects.
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Legislative No. 2070 dated 15-4-1961. stipulated time limit, including liabilities
(2) Any construction intended for temporary use
of Government servants in case of default,
of not more than fifteen days in connection with any administrative efficiency and for the
festivities or religious activities shall not be deemed matters connected therewith and
to be a construction for the purpose of this section. incidental thereto.
5. Penalty.— (1) Notwithstanding anything to the Be it enacted by the Legislative Assembly
contrary contained in any other law for the time of Goa in the Sixty-fourth Year of the Republic
being in force, whoever contravenes the provisions of India as follows:—
of section 4 shall, on conviction, be punished with
imprisonment which may extend to three months or (1) Short title, extent and commence-
with fine which may extend to Rs. 2000/- or with ment.— (1) This Act may be called The Goa
both. (Right of Citizens to Time-bound Delivery of
(2) An offence under this section shall be
Public Services) Act, 2013.
cognizable. (2) It extends to the whole of the State of
6. The local authority may remove any Goa.
unauthorised temporary buildings work.— (1) The
(3) It shall come into force on such date as
local authority of the area or such authority as
specified by the Government in this behalf, may
the Government may, by a notification in the
remove or cause to be removed any construction Official Gazette, appoint and different dates
done in contravention of section 4. may be appointed for different provisions of
the Act.
(2) All reasonable expenditure incurred by the
local authority or such authority as duly authorised 2. Definition.— In this Act, unless the
by the Government under sub-section (1), shall be context otherwise requires,—
recoverable as arrears of land revenue under the law
for the time being in force. (a) “Administration” means and includes
the administration of the Government,
every person, every authority, every body
Assembly Hall, N. B. SUBHEDAR by whatever name called;
Porvorim-Goa, Secretary to the Legislative
30th April, 2013. Assembly of Goa. (b) “Appellate Authority” means the
concerned administrative secretary or
________ such person or authority, as may be
specified by the Government by a
LA/LEGN/2013/374 notification,
The following bill which was introduced
in the Legislative Assembly of the State of (c) “Authority” means and includes any
Goa on 30th April, 2013 is hereby published depar tment, public authority, body,
for general information in pursuance of Rule- institution, legal authority, established,
-138 of the Rules of Procedure and Conduct constituted, formed, appointed or instituted
of Business of the Goa Legislative Assembly. (i) by or under the Constitution of India in
________ the State of Goa; or (ii) by any other law
made by the State Legislature; or (iii) by a
The Goa (Right of Citizens to Time-Bound Government Notification issued or an order
passed or other wise set up by the
Delivery of Public Services) Bill, 2013
Government and includes any body owned,
(Bill No. 22 of 2013) controlled or substantially financed or any
non-Governmental organisation which has
A received Government grant to the tune of
BILL Rs. 5 lakhs or more; or (iv) Institutions
including colleges, schools receiving any
to provide for delivery of public services to grant or aid from the Government or
the people of the State of Goa within the recognised or permitted by the State
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SERIES I No. 6 9TH MAY, 2013
Government, and includes Municipality, a) have access to the public service;
Municipal Corporation, Panchayat,
b) receive the public service within a
Planning and Development Authority,
Industrial Township, Zilla Panchayat, Zilla specified time limit;
Parishad, Gram/Village Panchayat or local c) receive the public ser vice in a
self-governing bodies, statutory or non- transparent manner;
-statutory, by whatever name called,
d) demand performance of duties and
required to render any services of public
utility in the State or to control, manage or functions by the designated officer in
regulate public services within a specified accordance with the provisions of this Act;
local area; e) hold the concerned designated officer
accountable for any service deficiency in
(d) “designated officer” means an officer
designated under sub-section (2) of section the public service; and
4; f) claim compensation from the
concerned designated officer for his failure
(e) “eligible person” means a citizen of to provide, or delay in providing, public
India residing in the State;
service provided.
(f) “Government” means the Govern-
4. Notification of public services and time
ment of Goa;
limit.— (1) The Government may, by a
(g) “Notification” means a notification notification, from time-to-time, specify any
published in the Official Gazette of the service to be a public service for the purpose
Government of Goa and the expression of this Act and also specify by a notification,
“notified” shall be considered accordingly; the time limit within which such services
shall be provided by the designated officer to
(h) “Official Gazette” means the Official
the eligible persons.
Gazette of the Government;
(i) “prescribed” means prescribed by (2) For providing public services specified
rules made under this Act; under sub-section (1), the Government may,
by notification designate different officers for
(j) “public service” means any service different public ser vices, who shall be
notified under section 4; responsible for providing each of such service
(k) “Rules of Business” means the Rules to the eligible persons.
of Business of the Government of Goa, 1991
5. Providing of public service within the
made by the Governor of Goa under Article
specified time limit.— (1) It shall be
166 of the Constitution of India;
mandatory on the part of the designated
(l) “Schedule” means the Schedule to officer to provide public services to the
this Act; eligible persons within the time limit as
specified in the notification issued under sub-
(m) “specified time limit” means the time -section (1) of section 4;
limit within which the designated officer is
required to provide service as specified (2) The specified time limit shall start from
under sub-section (1) of section 4. the date when an application is submitted
by the eligible person to the designated
3. Right to public services.— (1) Subject to officer or to a person subordinate to him,
the provisions of this Act, every eligible authorised to receive the application for
person residing in the State of Goa shall have providing the public service;
a right to public services.
(3) All applications received by the
(2) The right referred to in sub-section (1) designated officer or the authorized person,
shall include the right to— shall be duly acknowledged by putting an
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inward stamp specifying the inward number, appeal under section 6 have the same powers
date and time of receipt of such application, as are vested in the Civil Court whilst trying
on the duplicate copy of such application; a Suit under the Code of Civil Procedure 1908
(Central Act of 1908), in respect of the
(4) On receipt of an application under sub- following matters, viz.,—
-section (3), the designated officer shall within
the specified time limit, either provide the (a) requiring the production and
public service or reject the application: inspection of documents;
Provided that in case of rejection of the (b) issuing summons for a hearing to the
application, the designated officer shall designated officer and the appellant;
record the reasons therefor and intimate the (c) requisitioning any public records or
same to the applicant. copies thereof from any government office;
6. Appeal.— (1) Any person, whose (d) any other matter which may be
application has been rejected under sub- prescribed;
section (4) of section 5, or who does not
(e) levy of fine/compensation of an
receive public service within the specified
amount not exceeding rupees five
time limit, or where the public service
thousand upon the concerned designated
received by him is deficient in any manner,
official; and
may prefer an appeal to the Appellate
Authority, within a period of thirty days from (f) direct the designated officer to pay
the date of such rejection or expiry of the compensation not exceeding rupees three
specified time limit or receipt of deficient thousand five hundred to the eligible
service, as the case may be: person.
Provided that the Appellate Authority may 8. Display of public services.— The details
entertain, hear and dispose off an appeal after of the designated officers, public services and
the expiry of the period of thirty days, if it is the specified time limit thereof shall be
satisfied that the appellant was prevented by displayed locally on the notice-board in every
sufficient cause from filing the appeal in time. authority and notified in the Official Gazette
and Citizens Charter, and also on the website
(2) The Appellate Authority shall dispose
of the concerned authority for the information
off the appeal preferred under sub-section (1)
of the general public.
within a period of forty-five days from the
date of presentation of the appeal; 9. Monitoring the status of the applica-
(3) The Appellate Authority may direct the tion.— (1) Every eligible person who has
designated officer to provide the public applied for any public service shall be entitled
service within such time as it may specify to obtain and monitor the status of his
but not more than the time specified in the application online on the basis of the
notification or to remove the deficiency in acknowledgement given to him under sub-
public service provided to the appellant or to -section (3) of the section 5 in accordance
pass such other order, including rejection of with such procedure as may be prescribed;
the appeal, as it may deem fit: (2) Every Authority which is required,
Provided that before passing any order under this Act to provide the public services,
under sub-section (3), the Appellate Authority shall maintain the status of all the applications
shall provide an opportunity of being heard received by it’s designated officer/s and it
to the appellant as well as to the designated shall be also duty bound to update the status
officer; of the same as per the prescribed procedure.
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shall endeavour and encourage all the Provided that before imposing such fine,
Authorities required under this Act, to the designated officer shall be given a
provide the public services, to enter by reasonable opportunity of being heard.
mutual understanding, to deliver to the
eligible persons, the public services within 13. Penalty for not deciding the appeal
the specified time limit, as a part of e- within the specified time.— Where the
Governance. Government is of the opinion that the
Appellate Authority has failed to decide the
11. Penalty for non-compliance of orders.— appeal within the time limit specified in sub-
(1) If the designated officer does not comply -section (2) of section 6, without any sufficient
with the orders or direction given to him or reasonable cause, it may impose a fine on
under sub-section (3) of section 6, the person the Appellate Authority, which shall not be
aggrieved may file an application before the less than rupees one thousand but which may
Appellate Authority and upon receipt of such extend to rupees five thousand:
application, the Appellate Authority shall by
notice, call upon the designated officer to Provided that before imposing such fine,
show cause, within thirty days of the receipt the Appellate Authority shall be given a
of such notice, for failure to comply with such reasonable opportunity of being heard by the
order or direction. Government.
(2) If, after having considered the cause, 14. Compensation.— On imposition of a
if any, shown by the designated officer, the fine under sections 11, 12 or 13, the Appellate
Appellate Authority is of the opinion that the Authority or the Government, as the case may
designated officer has not complied with the be, may, by order, direct that a portion of
orders or directions or if no cause is shown such fine imposed, as deemed fit by it, be
within the time specified in the notice under awarded to the Appellant, as compensation:
sub-section (1), the Appellate Authority may, Provided that the amount of such
impose a fine on such designated Officer compensation awarded shall not exceed sixty
which shall not be less than rupees one percent of the amount of fine imposed.
thousand but which may not extend to rupees
five thousand. 15. Disciplinary Action.— In addition to the
imposition of fines under sections 11, 12 or
12. Penalty for not providing public 13, the Government, may, if it is satisfied that
service.— Where the Appellate Authority is the designated officer or the Appellate
of the opinion that the designated officer has Authority, as the case may be, has failed to
failed to provide the public service to the discharge the duties assigned to him/her
eligible person or has caused delay in under this Act without sufficient or
providing the public service or has provided reasonable cause, contemplate or commence
the public service which is deficient in any disciplinary action against him/her under the
manner, it may impose a fine on such Service Rules applicable to him/her.
designated officer— 16. Rights available only to eligible
(i) of rupees fifty for each day or rupees persons.— The rights conferred under this
two thousand five hundred, whichever is Act shall be available only to the eligible
less, in case of failure to provide public persons for every matter including the right
service; to obtain citizen related services in the State
in accordance with the provisions of this Act;
(ii) of rupees fifty for each day of such
and the eligible person shall have a further
delay or rupees two thousand five hundred,
right under this Act to apply for and claim
whichever is less, in case of delay in compensation from, and/or seek imposition
providing public service; and of penalty upon and/or seek disciplinary
(iii) of rupees five hundred, in case of action against, the defaulting designated
deficiency in public service provided: officer and/or Appellate Authority:
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20. (1) Every Authority including the with fine of not less than rupees ten thousand
Minister and Secretary to the Government but which may extend to rupees ten lakh
shall ensure strict compliance with the Rules and imprisonment for a term which may
of Business. extend to three years.
(2) The Secretary to the Government of the 22. Cognisance and trial of offences.— (1)
concerned Department shall be responsible Any non-compliance with any of the
for compliance with the Rules of Business by provisions of this Act, except where a separate
every Authority. offence and penalty is provided for, shall be
punishable with a fine of rupees ten
(3) Violation of the Rules of Business shall thousand.
be considered a serious matter and a remiss
in the discharge of one’s duties by or under (2) Any offence under the provisions of this
the Constitution of India in terms of this Act. Act or any matter construed as an offence
under the provisions of this Act shall be triable
(4) For the purpose of compliance with the by the Principal Sessions Judge of either
Rules of Business, consultation with the district of the State.
Finance Depar tment in case of matters
covered under the Rules of Business requiring (3) All offences under this Act shall be
the consultation of the Finance Department, cognizable and bailable except offences under
as well as that of the Law Department shall, Section 22 which shall be cognizable and
wherever required, be mandatory. For the non-bailable.
purpose of this Act, the notings of the
Finance Department as well as of the Law 23. Duty of Authority to protect, etc.— (1)
Department, as and when required, shall form Every Authority concerned responsible for
permanent notings and records on the file discharging the services such as,—
concerned.
(a) public transport, private transport
21. Administration of Government including by road, water, air;
property.— (1) Any proper ty, owned or (b) hospitals, dispensaries;
possessed by the Government or to which
the Government is entitled to in any way, be (c) schools, colleges, universities, board
it moveable or immovable or of any other kind of education, technical institutions;
including the right of the Government of any (d) municipal markets, shopping
kind whatsoever, over any matter, property, complexes, shopping centres including the
or other things, shall not in any manner be public street;
relinquished, compromised, surrendered,
vaiwed, withdrawn, sold, transferred, leased shall be duty-bound to prevent any kind of
out, encumbered or encroached upon or harassment, eve-teasing, etc., and to protect
damaged, or otherwise dealt with in any any widow, woman of any age and children,
manner whatsoever except in accordance senior citizens and physically challenged
with law and the rules authorising such persons;
disposal as well as the Rules of Business.
(2) Failure on the part of any Authority or
Explanation:— For the purpose of this sub- it’s officers or employees to comply with the
-section “encroached” means construction of provisions of sub-section (1) shall constitute
any type of structure including dwelling units an offence punishable under the provisions
or otherwise and includes blocking/squatting of this Act.
damage including digging without
permission from the competent authorities. 24. Power of the Government.— The
Government shall have the power in matters
(2) Any contravention of sub-section (1) of appointment to combine ser vices or
shall constitute a criminal offence punishable appoint a common person or common
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Authority to perform and discharge multiple Gazette, make rules to carr y out the
functions under different Acts or Rules; provisions of this Act.
25. Reservations.— The Government shall (2) Without prejudice to the generality of
endeavour wherever and whenever possible, sub-section (1), the Government shall have
to empower women and children for the the power to prescribe forms and fees for
purpose of giving equal protection of laws to making applications under this Act, including
women and children, widows as well as to frame rules in that behalf.
physically challenged persons; including by
directing reservations and other benefits; for 31. Power to remove difficulties.— (1) If any
reasons to be recorded in writing, any difficulty arises in giving effect to the
reservation to any post or any other benefit provisions of this Act, the Government may
under the Government or any of its by order published in the Official Gazette,
Authorities, Bodies, excluding the local self- make such provisions not inconsistent with
Government. the provisions of this Act, as appear to it to
be necessary or expedient for removal of the
26. Protection of action taken in good difficulty:
faith.— No suit, prosecution or any other legal
proceedings shall lie against any person for Provided that no such orders shall be
anything which is done or intended to be made after the expiry of a period of two years
done in good faith, in pursuance of this Act from the date of the commencement of this
or any rule made thereunder. Act.
27. Act to have over-riding effect.— The (2) Every order made under this section
provisions of this Act shall have effect shall, as soon as may be after it is made, be
notwithstanding anything inconsistent laid before the State Legislature.
therewith contained in any other law enacted
SCHEDULE
and enforced by State Legislature, for the time
being in force or in any instrument having (See Section 17)
effect by virtue of any law enacted and Sr. No. Authority Time-limit
enforced by State Legislature, other than this
Act. 1. Dealing Clerk to Deputy Not exceeding
Director in a Department/ fifteen (15) days in
28. Power of the Government to send /Corporation/Authority all to a maximum
applications to the Appellate Authority of three (3) days
directly.—Notwithstanding anything con- per officer.
tained in this Act, the Government, if it 2. Head of the Department/ Not more than four
receives any application alleging non- /Director/Director (4) days.
-compliance of the provisions of this Act, may General
if it deems fit, send such an application 3. Under Secretary, Dy. Not more than four
directly to the Appellate Authority for taking Secretary, Joint Secre- (4) days per officer.
further action in the matter, in accordance tary, Additional Secretary
with the provisions of this Act. and Special Secretary to
Government
29. Bar of jurisdiction of Courts.— No Court
4. Chief Secretary/Principal Not more than
shall entertain any suit, application or other seven (7) days.
Secretary and Secretary
proceeding in respect of any order made to Government
under this Act and no such order shall be
called in question otherwise than by way of 5. Chief Minister and Not more than
Ministers/Speaker/ thirty (30) days.
appeal under this Act.
/Deputy Speaker
30. Power to make rules.— (1) The 6. C h a i r m a n / M e m b e r Not more than
Government may, by notification in the Official Secretary/Members of fifteen (15) days.
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(1) (2) (3) of society i. e. infirm, destitute, special people,
Goa Public Service
Senior Citizens, women and children to public
Commission, Goa State services, who may find difficulty to approach
Pollution Control Board, concerned offices on account of their inequity
Planning & Development in social heirarchy. Already Citizen’s Charters
Authority, Municipality/ have been published by all the Government
/Corporation/Panchayat/ Departments giving details of ser vices
/Zilla Panchayat/Zilla provided.
Parishad/any Body or
With a view to provide legal right to the
Corporate
people of the State of Goa to receive public
7. Police Officers in charge of Not more than services within stipulated time limit, the
Police Stations/Station three (3) days. Government considers it necessary to bring
House Officer including in a suitable legislation.
Police Inspector, Superin-
tendent of Police in matters This Bill seeks to achieve the above objects.
of section 154 of the Code
of Criminal Procedure, 1973 Financial Memorandum
(2 of 1974)
No financial implications are involved in
8. Mamlatdar/Deputy Collec- Not more than this Bill.
tor/Collector/Director/ seven (7) days.
/Chief Officer/Commissioner Memorandum Regarding Delegated Legislation
for grant of any permissions
under any Law Clause 1(3) of the Bill empowers the
Government to issue notification fixing a date
9. Department of Education Not more than for bringing into force the provisions of the
including the Director/ seven(7) days.
Act.
/Deputy Director/Addi-
tional Director of Educa- Clause 2(3) of the Bill empowers the
tional Institutions, Zonal Government to issue notification to specify
Officers, under the Goa,
any person, or officer or authority as an
Daman and Diu School
Appellate Authority.
Education Act,1984 (15 of
1985) and Rules Clauses 4(1) of the Bill empowers the
10. Goa Industrial Develop- Not more than Government to issue notification so as to
ment Corporation, Goa thirty (30) days. specify the public services and the time limit
Economic Development for providing public service by the designated
Corporation for allotment officer.
of Plot/Finance
Not more than
Clause 4(2) of the Bill empowers the
11. All other Authorities/
/Officials/Public Servants eleven (11) days. Government to issue notification so to specify
under the State Govern- the designated officers.
ment including Judicial
Clause 31 of the Bill empowers the
Officers in Administrative
Government to frame rules for the purposes
matters
of the Act.
Statement of Objects and Reasons
These delegations are of normal character.
It is the intention of the Government to
provide all essential services to the people of Porvorim, Goa. MANOHAR PARRIKAR
the State of Goa in a time-bound manner and 29th April, 2013. Chief Minister
to make the Government ser vants
accountable to them for delay in providing Assembly Hall, N. B. SUBHEDAR
the services. Government also wants to Porvorim, Goa. Secretary to the Legislative
ensure equitable access to deprieved sections 29th April, 2013. Assembly of Goa.
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LA/LEGN/2013/382
The following bill which was introduced in the Legislative Assembly
of the State of Goa on 2nd May, 2013 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.
________
The Goa Appropriation (No. 3) Bill, 2013
(Bill No. 6 of 2013)
A
BILL
to authorise payment and appropriation of certain sums from and
out of the Consolidated Fund of the State of Goa for the services
and purposes of the financial year 2013-14.
Be it enacted by the Legislative Assembly of Goa in the Sixty-
-fourth Year of the Republic of India, as follows:—
1. Short title.— This Act may be called the Goa Appropriation
(No. 3) Act, 2013.
2. Issue of Rs. 10053,23,95,000/- out of the Consolidated Fund
of the State of Goa for the financial year 2013-14.— From and out
of the Consolidated Fund of the State of Goa, there may be paid and
applied sums not exceeding those specified in column (5) of the
Schedule to this Act amounting in the aggregate to the sums of ten
thousand fifty three crore twenty three lakh ninety five thousand
rupees towards defraying the several charges which will arise for
payment during the financial year 2013-14 in respect of the services
and purposes specified in column (2) of the said Schedule.
3. Appropriation.— The sums authorised to be paid and applied
from and out of the Consolidated Fund of the State of Goa under
this Act, shall be appropriated for the services and purposes
expressed in the Schedule to this Act in relation to the said financial
year.
SCHEDULE
(See sections 2 and 3)
(Rs. in lakhs)
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1 2 3 4 crafts like embroidery, needle work, cutting
5. LDC 4 Rs. 10,000/- and tailoring, etc. The main objective of these
6. Peon 1 Rs. 7,000/- Labour Welfare Centres is to train the members
of the Industrial workers so that they become
Total 30
self-employed. They can earn to some extent
The expenditure on this shall be debited to help their family. Presently there are 26
to Demand No. 82 M. H. 2852—Industries; Labour Welfare Centres operating in the State
07—Telecommunication and Electronics of Goa. As per the instructions of the Ministry
Industries; 01—Direction and Administration; of Finance and directions of the Planning
01—Direction (Plan). Commission, the Office of the Commissioner,
This has the approval of Cabinet accorded Labour & Employment proposes to draft a
in its XXIIIrd meeting held on 7-11-2012 as scheme to give stipend to the trainees
conveyed vide letter No. 1/43/2012-GAD II belonging to the SC/ST community who are
(XXIII) CAB dated 9-11-2012. enrolled under these Labour Welfare Centres.
This also has the concurrence of Finance (ii) Aims & Objectives.— The scheme
Department vide their U. O. No. 1462501 dated contemplates to give stipend to the trainees
20-10-2012. belonging to the SC/ST Community enrolled
under various Labour Welfare Centres
By order and in the name of the Governor
operating in different parts of Goa. The main
of Goa.
objective of this scheme is to give benefits
Nilesh B. Fal Dessai, Director & ex officio Joint under the SC Sub-Plan and Tribal Sub-Plan to
Secretary (IT). those trainees belonging to the SC/ST
Porvorim, 30th April, 2013. Community.
—————— (iii) Eligibility.— (a) The name of the
applicant/trainee should be enrolled under
Department of Labour
the respective Labour Welfare Centre for a
___ particular academic year.
Notification (b) The applicant/trainee should submit 15
24/14/2012-Lab/209 years residential cer tificate issued by
Mamlatdar of the area in which they reside.
The Government of Goa is hereby pleased
to formulate the following scheme. (c) The applicant/trainee should possess
Caste Certificate issued by the Competent
1. Short title and commencement.— This
scheme may be called as “Scheme for giving Authority as a proof that she belongs to SC/ST
stipend to the trainees belonging to the SC/ST Community.
Community enrolled under various Labour (d) The applicant/trainee should not have
Welfare Centres in the State of Goa”. It shall any source of income of her own nor owing
be deemed to have come into force from the
business or drawing any stipend from any
date of issue of this Notification.
other source.
2. This scheme shall be implemented
(iv) Modalities for operation of the scheme.—
through the Office of the Commissioner of
(a) Duly filled application form along with the
Labour and Employment, Panaji.
necessary documents shall be submitted to
(i) Introduction.— The Office of the the Office of the Commissioner, Labour &
Commissioner, Labour & Employment is Employment through the concern Labour
operating various Labour Welfare Centres in Inspector of the area for getting approval.
the State of Goa providing welfare facilities to
the member of Industrial workers and their (b) Application form shall be available with
families. Through these Labour Welfare the concerned Sewing Mistress of the
Centres, training is being imparted in different respective Labour Welfare Centre.
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SERIES I No. 6 9TH MAY, 2013
(c) Application to claim the benefit under (5) Date of Birth: ....................................................................
the scheme shall be approved by the (6) I. D. Card No.: ...................................................................
Commissioner, Labour & Employment. (7) Occupation of the Father/Mother: ...........................
(d) If the attendance of the applicant/trainee (8) Whether the trainee belongs to SC/ST:..................
is less than 75% for a particular month, no (If yes, copy of Caste Certificate)
stipend will be paid to such trainee.
Date: (Signature of the Trainee)
(e) The stipend of Rs. 1000/- (Rupees one
——————
thousand only) per month shall be paid to
the applicant/trainee on commencement of Department of Law & Judiciary
the course.
Law (Establishment) Division
(v) Quantum of benefits.— (a) The eligible ___
applicant/trainee will be given stipend of
Rs. 1000/- (Rupees one thousand only) per Notification
month during the period of training and the 8-36-2012-LD(Estt)/689
same will be paid till the completion of course In exercise of the powers conferred by
of that particular academic year. section 78A of the Registration Act, 1908
(b) Period of stipend will commence from (Central Act 16 of 1908) (hereinafter referred
July to April of a particular academic year. to as the “said Act”), as in force in the State of
Goa, the Government of Goa, being satisfied
(vi) Documents to be attached with the that it is necessary in the public interest so to
application form.— (a) Form I. do, hereby remits the fee payable under the
said Act for the registration of Deed of Gift of
(b) 15 years Residential Certificate issued
land for public purpose executed in favour of
by the Mamlatdar of respective area. the Municipal Councils in the State of Goa
(c) Caste Cer tificate issued by the and the Municipal Corporation of the City of
Competent Authority (as proof that the Panaji.
applicant belongs to SC/ST Community). By order and in the name of the Governor
This issues with the concurrence of Finance of Goa.
(Expenditure) Department vide their U. O. Vasanti H. Parvatkar, Under Secretar y
No. 1467983 dated 25-01-2013. (Estt.).
This Notification shall come into force with Porvorim, 30th April, 2013.
immediate effect.
——————
By order and in the name of the Governor
Department of Personnel
of Goa.
___
D. S. Morajkar, Under Secretary (Labour).
Order
Porvorim, 23rd April, 2013.
15/7/2003-PER
_______
APPLICATION FORM Read:(1) Notification No. 1/25/87-PER dated
PHOTO 17-4-1996 published in the Official
FORM I Gazette, Series I No. 9 dated 31-5-1996.
(1) Name of the trainee : ....................................................
(2) Notification No. 15/50/87-PER-Part
(2) Name of the Father/Mother: ......................................
I dated 12-12-1997 published in the
(3) Full Residential Address:............................................. Official Gazette, Series I No. 44 dated
....................................................................................................... 29-1-1998.
.......................................................................................................
(4) Name of the Labour Welfare (3) Notification No. 15/7/2003-PER dated
Centre under which training 17-2-2011 published in the Official
is imparted: ...................................................................... Gazette, Series I No. 49 dated 3-3-2011.
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(2) They shall come into force at once. Rules”), after rule 8, the following rule shall
be inserted, namely:—
2. Insertion of new rule.— In the Goa, Daman “8A. Digitally signed copy.— Digitally
and Diu Land Revenue (Inspection, Search and signed copies mentioned in schedule hereto
Supply of Copies of Land Records) Rules, 1969 shall be available on payment of fees
(hereinaf ter referred to as the “Principal specified thereto.
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SERIES I No. 6 9TH MAY, 2013
separate rates for Self Employed Tourist Taxi Operators attached to beach and starred hotels
as follows:—
Sr. Type of Charges Charges Charges Charges Charges For every One way journey
No. Vehicles upto upto upto upto upto additional without return
20 kms. 40 kms. 60 kms. 80 kms. 100 kms. km. after fare per km.
100 kms.
1. A/C Rs. 700/- Rs. 1100/- Rs. 1400/- Rs. 1800/- Rs. 2100/- Rs. 20/- Rs. 50/-
Vehicles
2. Non A/C Rs. 450/- Rs. 900/- Rs. 1150/- Rs. 1400/- Rs. 1700/- Rs. 18/- Rs. 35/-
Vehicles
The rates indicated above shall be charged only upon display of certificate issued by
Member Secretary, State Transport Authority, Panaji, Goa. Passenger is not liable to pay the
above rates without display of the said certificate. In the event of failure to display the said
certificate, the rates in Notification No. D.Tpt/STA/922/2006/1096 dated 5-12-2006 shall be
chargeable.
The above rates shall be applicable only during the month from October to May
Note: (1) Rates from Co. 3 to 8 are applicable for round journey where the starting and ending point are
the same.
(2) Additional waiting charges per hour — Rs. 60/-.
(3) Night detention charges after 11.00 p.m. to 6.00 a. m. is Rs. 115/- per hour.
(4) The kilometer reading shall be as per the milometer.
By order and in the name of the Governor of Goa.
Arun L. Desai, Director & ex officio Additional Secretary (Transport).
Panaji, 17th April, 2013.
——————
Department of Women & Child Development “Rs. 1.50 lakhs (Rupees one lakh and fifty
thousand only)”.
Directorate of Women & Child Development
___ 2. In Clause 9, following amendments shall
be carried.— The figures and words “Rs. 2.00
Notification lakhs”; “Rs. 1.00 lakh” and “Rs. 50,000/-”
2-98-2008/DW&CD/ICDS(3)/4234 shall be substituted with the figures and
words “Rs. 3.00 lakhs (Rupees three lakhs
Read: Notification No. 2-98-2008/DW&CD/
only)”; “Rs. 1.50 lakhs (Rupees one lakh and
/ICDS(2) dated 9-8-2011. fif ty thousand only)” and “Rs. 75,000/-
In terms of powers conferred vide Clause (Rupees seventy five thousand only)”,
17 of “Retirement Benefit Scheme for respectively.
Anganwadi Workers/Anganwadi Helpers”
notified in the Official Gazette, Series I No. 20 These amendments shall come into force
dated 18-8-2011, the Government hereby with effect from 1-4-2013.
amends the said scheme as hereunder: This has been issued with the concurrence
1. In Clause 8, following amendments of Finance Department under their U. O.
shall be carried.— (a) The figures and words No. 1474797 dated 24-4-2013.
“Rs. 2.00 lakhs (Rs. two lakhs only)” shall By order and in the name of the Gover-
be substituted with the figures and words nor of Goa.
“Rs. 3.00 lakhs (Rupees three lakhs only)”.
Sunil P. Masurkar, Director & ex officio Joint
(b) Similarly the figures and words “Rs. 1.00
Secretary (W&CD).
lakh (Rupees one lakh only)” shall be
substituted with the figures and words Panaji, 30th April, 2013.
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SERIES I No. 6 9TH MAY, 2013
Order
2-73-97-ICDS/Part-VI/4235
Read: Order No. 2-73-97-ICDS/2352 dated 22-7-2010.
1. Sanction of the Government is hereby conveyed for revision of existing rate of honorarium
being paid to the Anganwadi Workers and Helpers under State Sector as hereunder:—
A. Anganwadi Workers:
Classification of Govt. of India Govt. of Goa Total
Honorary Service Share Share Honorarium
based on number
of years of service Matric Non-Matric Matric Non-Matric Matric Non-Matric
Rs. Rs. Rs. Rs. Rs. Rs.
B. Anganwadi Helpers:
Classification of Govt. of India Govt. of Goa Total
Honorary Service Share Share Honorarium
based on number
of years of service Rs. Rs. Rs.
2. This revision of existing rates of honorariun being paid to the Anganwadi Workers and
Helpers under State Sector shall come into force with effect from 1-4-2013.
3. The expenditure under the State Sector shall be debited to the Budget Head as under:—
4. This has been issued with the concurrence of Finance Department under their U. O. No.
1474803 dated 23-4-2013.
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SERIES I No. 6 9TH MAY, 2013
Notification (b) resident of Goa for the last fifteen
years; and
2/279/LL/2012/DW&CD/4231
(c) (i) whose at least one of the parents is
Whereas Government has notified Laadli born in Goa and is also a resident of Goa for
Laxmi Scheme vide notification No. 2/279/LL/ the last fifteen years; or
/2012/DW&CD/2562 dated 6-7-2012 published
in the Official Gazette No. 16, Series I dated (ii) whose one of the parents is residing
19-7-2012. in Goa for last twenty-five years:
And whereas, the scheme has been Provided that a Girl, who is born outside
subsequently amended vide notification Goa, shall be eligible if she is:
No. 2/279/LL/2012/DW&CD/2969 dated
7-8-2012 published in the Official Gazette (a) resident of Goa for the last fifteen
No. 19, Series I, dated 9-8-2012; and years;
Notification No. 2/279/LL/2012/DW&CD/4162
dated 22-4-2013 published in the Official (b) educated in Goa; and
Gazette No. 4, Series I dated 25-4-2013.
(c) (i) whose at least one of the parents is
Government hereby re-publishes the said born in Goa and is also a resident of Goa for
Laadli Laxmi Scheme, as hereunder: the last fifteen years; or
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SERIES I No. 6 9TH MAY, 2013
is born outside a legitimate wedlock or an IV. Application procedure.— (1) The
adopted girl child or any other case which is applicant who attains the age of majority i.e.
covered under the objective of the scheme; 18 years on or after 1st April, 2012 [i.e. those
shall be referred to the Committee mentioned beneficiaries covered under clause 2(5) (a)
above, if the application is made by the above] may apply to the Director of Women
guardians or the Institutions/Organisations and Child Development, Panaji-Goa, in the
which is taking care of the child. prescribed form (“Annexure I” to this
scheme), complete in all respects, along with
(4)(A): In case if an applicant is unable to two passpor t size photographs and the
produce documents pertaining to parent’s following documents:—
birth, residence, etc., on account of their
opposition to her marriage, such an (i) Attested copy of the Birth Certificate
application shall be placed before the of the applicant.
Committee for decision.
(ii) Attested copy of any document as a
(5) The beneficiaries shall be grouped into proof of 15 years residence of the applicant
two categories, namely:— in the State of Goa. In lieu of the Residence
Certificate, the previous School Leaving
(a) Those applicants who attain the Certificate and the current Bonafide Student
age of majority i.e. 18 years on or after Certificate issued by the recognized
01-04-2012, and Educational Institution in which the Girl is
(b) Those who have already attained the presently studying can also be produced.
age of 18 years before 01-04-2012 and are However, in case of girls who discontinued
in the age group of 19 to 40 years. education at school level, the gap period i.e.
from the time of discontinuation of education
III. Mode of operation.— (1) The till completion of 18 years of age/marriage
beneficiaries under the scheme shall be paid as the case may be, may be proved by
Rs. 1.00 lakh as financial assistance, by means production of residence certificate. In case
of bank fixed deposit, jointly in the name of of graduates, the Certificates of passing of
the Director of Women and Child Development Xth, XIIth and Graduation is adequate
and the applicant (the Girl). evidence.
(2) The fixed deposit shall be renewed (iii) 15 years or 25 years Residence
annually automatically on maturity, alongwith Certificate of the parent(s) as the case may
the amount of interest accrued, till the date of be. In lieu of the Residence Certificate, any
claim by the applicant as per scheme or until documentar y evidence to prove the
the age of 40 years whichever is earlier. residence for the specified period can also
be produced which may include:
For the purpose of operation of this scheme
through the bank/financial institution (a) The land records i.e. tenancy rights,
concerned, the Government, shall execute a mundcarial rights, occupancy rights, etc.;
Memorandum of Understanding (MoU),
detailing the terms and conditions of operation (b) Employment certificate; or
of the bank account, the fixed deposit account/
/cer tificate, amount of interest accrued, (c) Any such records to the satisfaction
authorisation procedure for payment to the of the Committee.
beneficiary, terms of payment by the
Government to the bank/financial institution, (iv) Birth Certificate of the parent(s). If
credit to the Government on closure of no birth certificate is available one of the
individual account etc. following documents can be produced
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SERIES I No. 6 9TH MAY, 2013
showing the details namely, the date and either the Member of Legislative Assembly,
place of birth of the parent(s): the Member of Parliament, Government
Officer (not below the rank of Additional/
(a) Baptism certificate; /Special Secretary to the Government of
Goa) or the District Magistrate.
(b) School leaving cer tificate of the
parent(s) etc.; (2) In case of those beneficiaries who have
already attained the age of 18 and above
(c) Any document which establishes that before 01-04-2012 [i.e. those beneficiaries
one of the grandparents of the girl have lived covered under clause 2(5) (b) above] and have
in Goa around the time of the date of birth got/are getting married hereinafter, may apply
claimed by the parent(s); or
to the Director of Women and Child
(d) Any such records, which establishes Development, Panaji-Goa, in the prescribed
the date of birth of the parent(s). form, in “Annexure-I” of this scheme with
all the documents listed in clause 4(1)
(v) Attested copy of the Aadhar card if above along with following additional
any, and documents:—
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(6) In order to receive the money after civil (5) The unpaid money under the fixed
marriage, the beneficiary shall personally deposit shall be credited back to the
present herself before the designated Government along with the interest accrued
officer(s) or the Director of the Directorate, thereon and no family members/co-signatory/
Women and Child Development for issue of /guardian, as the case may be shall have right/
withdrawal order/letter, which in turn can /claim of whatsoever on the same.
be presented in the bank/financial
institution for withdrawal of the money/ (6) In the event, there is no claim by the
/amount due and payable. The withdrawal beneficiary till attaining the age of 40 years,
order/letter shall be issued based on the the fixed deposit shall be closed and the
submission of the Civil Marriage Registration amount shall be credited back to the
Certificate (which may also include the first Government along with the interest accrued
registration certificate.) thereon. No further assistance of any nature
shall be provided to the concerned.
(7) If the girl who has availed the benefits
under the scheme, on attaining the age of 21 (7) This scheme does not confer any right
years intends to withdraw the said amount for on any one merely on application made under
her use in business/profession or for her the scheme, for claiming the benefits under
further studies, such cases shall be placed this scheme and denial of the benefits under
before the Committee for decision. the scheme, after the same has been examined
by the Director of Women and Child
V. Other Conditions.— (1) In the event of Development as well as the Committee
death of the beneficiary before the marriage, constituted under clause 2(2) above, shall not
the amount in the fixed deposit shall be paid be disputed.
by the bank/financial institution concerned to
the Director of Women and Child Development, (8) The disbursement of benefits under this
who shall deposit the same into an appropriate scheme shall be subject to the availability of
Government account. funds provided for the purpose annually by
means of budgetary support.
(2) A separate account shall be opened with
one of the bank/financial institution concerned VI. Power to relax.— (1) For removal of any
to be identified by the Government for difficulties in the implementation of the
implementation of the scheme, which shall scheme, there shall be a four member
prepare a fixed deposit in the name of the Committee constituted as in clause 2(2) above.
applicant as per the sanction order issued by
the Director, Women and Child Development, (2) The decision of the Committee shall be
from time to time. final and binding on all concerned.
6. *Contact details:
(i) Landline:
(ii) Mobile:
(iii) e-mail:
7. *Religion: Hindu Muslim Christian Others
DECLARATION
I, the undersigned, hereby declare that, the information given above is true and correct, and nothing
stated is false and I have not been benefitted with this scheme earlier. I shall be personally responsible
for any false and incorrect information/documents, for which the authorities shall be at liberty to take
penal action as deem fit against me including filing criminal case.
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Sir/Madam,
PART I
Passport size
1. *Name of the applicant (Girl): ............................................................................................... photograph of the
(As specified on birth certificate) (Surname) (Name) (Middle name) applicant,
2. *Applicant’s date of Birth: countersigned by the
MLA or MP
(dd/mm/yyyy) Government Officers,
3. *Name of the applicant’s: (i) Mother: not below the rank of
(ii) Father: Additional/Special
(iii) Guardian: Secretaries to the
Government of Goa and
4. *Married: Yes No. the District Magistrates
5. *Residential address (in full):
House No.:................................................... Ward No.:............................................
6. *Contact details:
(i) Landline:
(ii) Mobile:
(iii) e-mail:
7. *Religion: Hindu Muslim Christian Others
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
DECLARATION
I, the undersigned, hereby declare that, the information given above is true and correct, and nothing
stated is false and I have not been benefitted with this scheme earlier. I shall be personally responsible
for any false and incorrect information/documents, for which the authorities shall be at liberty to take
penal action as deem fit against me including filing criminal case.
268
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
Annexure – II
AFFIDAVIT
1. That I have applied for financial assistance under the Laadli Laxmi Scheme.
2. That I am born at ………………….……………….., State ………………...………. on ………………..…………
3. That I have completed 18 years of age as on ………………………………… and that I am not above 40
years of age.
4. That I belong to ………………………………. religion.
5. That I belong to SC/ST/OBC/OTHERS category.
6. That I have been residing at the above notified address for last …………………… years and that I am
resident of Goa for the last ………………. years.
7. That my father/mother, ……………………………….. (name of father/mother) is born in Goa and is also
the resident of Goa for the last ……………………… years.
8. That my father/mother, …………………………………………………………………….…………. (name of
father/mother) is residing in Goa for last ……………….. years.
9. That I have studied/studying in Goa from …………………….……... (name and address of the Institution)
for the period from ……………….…… to ………….………...(till date).
__________________
DEPONENT
Sworn before:
___________
Sr. No.
PRE-RECEIPT
Received with thanks from Director of Women and Child Development, Panaji a sum of Rs. 1,00,000/-
(Rupees one lakh only) in the form of Fixed Deposit Receipt (FDR)/Cash towards financial assistance under
Laadli Laxmi Scheme. Affix
Re 1/-
Revenue
stamp
269
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 6 9TH MAY, 2013
Sr. No.
PRE-RECEIPT
Received with thanks from Director of Women and Child Development, Panaji a sum of Rs. 1,00,000/-
(Rupees one lakh only) in the form of Fixed Deposit Receipt (FDR)/Cash towards financial assistance
under Laadli Laxmi Scheme.
_______________________________
_______________________________
_______________________________
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