Amendment status not verified — confirm the current text below against the official source.
The Goa Municipalities (Amendment) Act, 2010 (Act No. 8 of 2010) [26-4-2010] published in the Official Gazette, Series I No. 5 dated 29-4-2010 and came into force at once. Arrangement of Sections 1 Short title, extent and commencement 2 Definitions. 3 Areas to be declared as municipal areas. 4 Classification of Municipal areas. 5 Effect of reclassification of a municipal area. 6 Alteration of the limits of a municipal area. 7 Municipal authorities charged with execution of the Act. 8 Establishment and incorporation of Councils. 9 Composition of Councils. 10 Division of Municipal area into wards and reservation of wards for women, Scheduled Castes and Scheduled Tribes and Other Backward Class. 11 List of voters. 12 Right to vote. 13 Manner of voting. 13-A Use of electronic voting machine 14 Other restrictions on voting, 15 Qualifications for candidates. 16 Disqualifications for becoming a Councillor. 17 Director to decide the question of disqualification. 18 Power to make rules, regarding elections. 19 Failure to elect. 20 Declaration of results of election. 21 Publication of names of co-opted and nominated Councillors in the Official Gazette. 22 Disputes in respect of election, co- option or nomination of Councillors. 23 Corrupt practices. 24 Prohibition of public meetings on the election day. 25 Disturbances at the election meeting. Manual of Goa Laws (Vol. III) – 267 – Municipality Act 26 Prohibition of canvassing in or near the polling stations. 27 Penalty for disorderly conduct in or near the polling stations. 28 Penalty for misconduct at polling stations. 29 Penalty for illegal hiring or procuring of conveyance at election. 30 Maintenance of secrecy of voting. 31 Officers, etc., at election not to act for candidates or to influence voting. 32 Breaches of official duty in connection with election. 33 Removal of ballot papers from polling station to be an offence. 34 Other electoral offences and penalties therefor. 35 Prosecution regarding certain offences. 36 Requisitioning of premises, vehicles etc., for election. 37 Payment of compensation. 38 Power to obtain information. 39 Eviction from requisitioned premises. 40 No Civil Court to have jurisdiction. 41 Release of premises for requisition. 42 Term of office of Councillors. 43 Resignation of Councillors. 44 Liability of Councillors to removal from office. 45 Resignation not to affect subsequent disqualification of a Councillor. 46 Disqualification of Councillor during hiss term of office. 47 Special provisions regarding disqualification for failure to pay taxes due to the Council. 48 Section 47 not to affect Council’s other powers for recovery of taxes. 49 Councillor to vacate all offices if he ceases to be a Councillor. 50 Casual vacancies how to be filled up. 51 Duties and functions of the Council. 52 Election of Chairperson and Vice-Chairperson. 53 Term of office of Chairperson and Vice-Chairperson. 54 Resignation of Chairperson. 55 Resignation of Vice-Chairperson. 56 Removal of Chairperson and Vice-Chairperson. 57 Consequences of absence of Chairperson and Vice-Chairperson without leave. 58 Chairperson or Vice-Chairperson to hand over charge. 59 Functions of the Chairperson. 60 Functions of Vice-Chairperson. 61 Simultaneous vacancy in the office of Chairperson 62 Honorarium or allowances to the Chairperson and Vice-Chairperson members of Council. 63 Standing and Subjects Committees for all Classes of Councils. 64 Constitution of Standing Committee of ‘C’ Class Councils. 65 Special Committees. 66 Term of office of Chairman and members of Standing and Subjects Committees. 67 Casual vacancies do Committees of the Council. 68 Functions and powers of Standing Committee and Subjects Committees. 69 Limits of powers of Committees in respect of financial sanction. 70 Subordination of Committees to Councils. 71 Appointment of Director of Municipal Administration and his powers and the powers of the Collector. 72 Appointment of Chief Officer, Engineer, water works Engineer, Health Officer, Education Officer and Auditor and certain other officers. 73 Appointment of other officers and servants. 74 Powers and duties of Chief Officer. 75 Powers and duties of other officers and servants. 76 Punishment of officers and servants. 77 Bye-laws to be made regulating certain conditions of service. 78 Provision in regard to meetings of Council. 79 Meetings of Committees. 80 Chief Officer to be present at every meeting of the Council and if required at a meeting of a Committee, but not to vote or make any proposition. 81 Power of Council or Committee to require information, document, etc. from the Chief Officer. 82 Joint Committees of local Bodies. 83 Acts and proceedings of Council and Committees not vitiated by disquali- fication, etc. of members thereof. 84 Power to acquire and hold property 85 Decision of claims to property by or against Council. 86 Municipal Fund. 87 Constitution of Salary Reserve Fund. Manual of Goa Laws (Vol. III) – 268 – Municipality Act 88 Provisions regarding transfer of municipal property. 89 Provisions relating to contracts and tenders. 90 Bar against officers and servants being interested in contract. 91 Penalty of Councillors, officers and servants for improper interest in contracts, etc. 92 Liability of Councillors, officers and servants for loss or damage. 93 Application of municipal property and funds within and without the municipal area. 94 Special provision regarding loan of fire fighting equipment, etc. 95 Depositing or Investing of Surplus Funds of a Council. 96 Power of Council to compromise suits. 97 Budget. 98 Municipal Accounts. 99 Publication of Accounts. 100 Audit of Accounts. 101 Imposition of Compulsory taxies. 102 Loss of income from tax due to exemption to be reimbursed by the Government 103 Provision for exempting ‘C’ Class Councils from levying certain taxes temporarily. 104 Other taxes which Council may impose. 105 Procedure preliminary to impose tax under section 104. 106 Discretionary tax when sanctioned not to be abolished without previous sanction of the Government. 107 Local publication of bye-laws relating to taxes with notice. 108 Council may vary rates of tax within prescribed limits. 109 Appointment of authorized Valuation Officer. 110 Rateable value how to be determined. 111 Preparation of assessment list. 112 Person primarily liable for a property tax how to be designated if his name cannot be ascertained. 113 Authorised Valuation Officer to check assessment. 114 Publication of notice of assessment list 115 Public notice of time fixed for lodging objections. 116 Objection how to be dealt with. 117 Authentication of list of assessment. 118 Authentic list how far conclusive. 119 Amendment of assessment list. 120 Reassessment to be done after every four years. 121 Primary responsibility for property taxes on whom to rest. 122 When occupiers may be held liable for payment of property taxes. 123 Partial remission in respect of property remaining unoccupied. 124 When building or land deemed to be productive of rent. 125 Parties to transfer of property to give notice of transfer. 126 Form of notice. 127 In absence of notice, liability to taxes to continue on original holder. 128 Power to fix special rate in lieu of special sanitary tax. 129 Recovery of sums claimed under the lost two preceding sections. 130 Council may sell surplus water far use outside municipal area. 131 Octroi limits. 132 Power to examine articles liable to octroi. 133 Presentation of bills for octroi. 134 Penalty for evasion of octroi. 135 Tables of tolls to be shown on demand. 136 Powers to seize vehicle or animal or goods for non-payment of octroi or toll and to dispose of seized property. 137 Power to keep account current. 138 Joint collection of octroi by agreement how made. 139 Farming of tolls. 140 Power to compound tax on vehicles or animals. 141 Assessment not invalid for defect of form. 142 Power of Government to require Council impose taxes. 143 Fees may be charged for certain licences, permissions etc. 144 Mode of recovery of any money claimable under this Act. 145 Presentation of Bill for sums due to Council and discount for prompt payment. 146 When notice of demand issued. 147 When warrant may issue. 148 To whom warrant addressed. 149 Power of entry by force under special order. 150 Warrant how to be executed. 151 Sale of property distrained or attached; application of proceeds of sale. Manual of Goa Laws (Vol. III) – 269 – Municipality Act 152 Surplus, if any, how dealt with. 153 Sale outside municipal area. 154 Fees and Other costs chargeable. 155 Summary proceedings may be taken against person about to leave municipal area. 156 Sales in other cases by whom to be ordered and the manner of making and confirming them. 157 Liability of lands, buildings, etc., for taxes. 158 Receipts to be given for all payments. 159 Certain amounts to be recovered as arrears of land revenue. 160 Stay orders on warrants by whom to be issued. 161 Interest payable on dues for taxes 162 Power to write off 163 Appointment of Recovery Officer. 164 Appeals to Magistrates. 165 Procedure in Appeal. 166 Revision by Court 167 Bar of other proceedings. 168 Powers in respect of public streets. 169 Powers to declare any street a public street, subject to objections by owners. 170 Power to require repair, etc., of private streets and to declare them as public streets. 171 Regular line of a public street. 172 Setting back projecting buildings. 173 Setting forward to regular line of street. 174 Surface projections, obstructions and encroachments in respect of public streets. 175 Prohibition of projections other than surface projections upon streets, etc. 176 Projections, encroachments, etc. in public places and open spaces whether vesting in Council or not. 177 Power to require boundary walls, hedges, etc., to be constructed or removed. 178 New private streets. 179 Troughs and pipes for rain water. 180 Naming and numbering streets and numbering of premises. 181 Displacing pavements, etc. 182 Prohibition of sale of articles in public streets, without licence. 183 Prohibition of plying hand-carts without licence. 184 Notice of construction of building. 185 Powers of Chief Officer and Council to refuse permission. 186 Level of buildings. 187 Roofs and external walls of buildings not to be made of inflammable materials. 188 Completion certificate, permission to occupy or use. 189 Building for human habitation not to be used as Godown, etc., and vice versa. 190 Removal of buildings, structures, etc., which are in ruins or likely to fall. 191 Penalty for defacing building, etc. 192 Fixing of lamps, brackets, etc., to houses. 193 Regulation of huts. 194 Improvement of huts. 195 Municipal control over drainage. 196 Power of making and repairing drains. 197 Power to require sufficient drainage of houses. 198 New building not to be erected without drains. 199 Powers of owners and occupiers of buildings or lands to drain into municipal drains. 200 Right to carry drain through land or into drain belonging to other persons. 201 Rights of owner of land through which drain is carried in regard to subsequent building thereon. 202 Provision of privies, ctc- 203 Power to require owners to keep drains, etc. in proper order; or to demolish or close a privy or cess-pool. 204 Power to close private drains and cess-- pools. 205 Encroachment on municipal drains. 206 Power in respect of drains, etc. unauthorisedly constructed, rebuilt or unstopped. 207 Inspection of drains, etc. 208 Council may execute certain works without option to person concerned of executing the same. 209 Pipes, etc. constructed by Council to be municipal property. 210 Prohibition of certain acts affecting the municipal water works. 211 Prohibition of wilful or neglectful acts relating to water works. 212 Prohibition of constructing drains, etc., near sources of water supply. 213 Power of carrying water mains. 214 Power to require water supply to be taken. 215 Powers and duties with regards to dangerous, stagnant or insanitary sources of water supply. Manual of Goa Laws (Vol. III) – 270 – Municipality Act 216 Power to regulate bathing and washing places. 217 Digging of wells, etc., without permission prohibited. 218 Fencing and lighting during repairs, etc. 219 Dangerous quarrying. 220 Hoards to be set up during repairs, etc. 221 Power to require precaution in place of public entertainments. 222 Powers for suppression of fires. 223 Depositing dust, etc., committing nuisance. 224 Discharging sewage, etc. 225 Non-removal of filth, etc. 226 Removal of night soil. 227 Using offensive manure, etc. 228 Abatement of nuisance from wells, etc. 229 Buildings or rooms in buildings unfit for human habitation. 230 Filthy buildings, etc. 231 Dangerous diseases. 232 Power to prohibit use of public conveyances for carriage of persons suffering from dangerous diseases. 233 Restrictions on persons suffering from dangerous diseases 234 Control and prevention of dangerous diseases 235 Information to be given to Chief Officer or Health Officer about incidence of dangerous diseases. 236 Power of entry into places where cases of dangerous diseases suspected. 237 Chief Officer or Health Officer may direct owner or occupier to take certain precautionary measures and in default, carry out the same. 238 Prohibition of use of water likely to spread dangerous diseases. 239 Additional powers of Council on threatened outbreak of dangerous disease. 240 Penalty for contravention of provisions relating to dangerous diseases. 241 Payment of compensation. 242 Diseases among animals. 243 Proceedings to abate over crowding of interiors of buildings. 244 Withdrawal and modification of powers and orders under this chapter. 245 Special powers in respect of over crowding area. 246 Council to provide or permit burning and burial grounds. 247 Closing of places for disposal of dead. 248 Acts prohibited in connection with disposal of dead. 249 Certificate for disposal of the dead. 250 Disposal of dead animals. 251 Power to provide and maintain municipal markets and slaughter, houses. 252 Private markets, etc. not to be held without licence. 253 Slaughter houses, etc., beyond municipal area. 254 Restriction on slaughter of animals for sale. 255 Provisions for requiring private market buildings and slaughter houses to be properly paved and drained. 256 Provisions regarding approaches and environs of private markets. 257 Levy of stallages, rents and fees. 258 Farming of market and slaughter- -house rents. 259 Control on preparation of food, eating houses, hotels, lodging houses, etc. 260 Control on dairies and business in milk, milk products and sweet meats. 261 Control of stables. 262 No separate licence necessary if one is obtained under Prevention of Food Adulteration Law. 263 Factory, etc., not to be established without licence. 264 Prohibition of use of steam whistles, etc. 265 Certain other trades and occupations not to be carried on without licence. 266 Certain articles not to be kept without licence. 267 Cattle-trespass Act cease to apply to municipal areas. 268 Power to establish cattle pounds and appoint pound-keepers. 269 Duties of pound-keepers. 272 Impounding cattle. 271 Delivery of cattle claimed. 272 Security in respect of impounded cattle. 273 Sale of cattle not claimed. 274 Pound-fees and expenses chargeable to be fixed. 275 Complaints of illegal seizure or detention. 276 Penalty for allowing cattle to stray in street or to trespass upon private or public property. 277 Tethering cattle, etc. 278 Provision as to dogs. 279 Provisions as to keeping of pigs. 280 Feeding animals on filth prohibited. Manual of Goa Laws (Vol. III) – 271 – Municipality Act 281 Provisions as respects institution, compounding, etc., of criminal actions. 282 Distress lawful though defective in form 283 Damage to municipal property how made good. 284 General penalty. 285 Minimum penalty for offences under this Act. 286 Power to institute, defend suits, etc. 287 Councillors, officers, servants, etc., to be public servants. 288 Bar of suits against Council, its officers servants, etc., for acts done in good faith. 289 Limitation of suits against Council, its Committees, officers and servants for acts done in pursuance or execution of this Act. 290 Powers of police officers. 291 Power of inspection and supervision 292 Power to call for returns and reports. 293 Powers to suspend execution of orders and resolutions of Council on certain grounds. 294 Extraordinary powers of execution of certain works n case of emergency. 295 Power of Director to prevent extravagance in the employment of establishment. 296 Inquiry into municipal matters by Government. 297 Power of Director to enforce performance of duties. 298 Power to appoint Municipal Administrator in certain circumstances. 299 Power of Municipal administrator 300 Review of municipal administrator’s, work by Director and if necessary dissolution of Council. 301 Consequences of dissolution. 302 Re-establishment of Council after dissolution. 303 Revisional powers of Government. 304 Government’s powers to enforce its orders. 305 Powers of review. 306 Power of Government to make rules. 307 Power of Councils to make bye-laws. 308 Power to make and enforce acceptance of model bye-laws. 309 Copies of Act, rules and bye-laws to be made available at Council’s Office for public inspection and for sale. 310 Service of notices, etc., addressed to individuals. 311 Publication of public and general notices. 312 Reasonable time to be fixed when no time fixed under the Act for any requisition. 313 Council in default of owner or occupier may execute works and recover expenses. 314 Proceedings, if any occupier opposes the execution of the Act. 315 Determination of damages, compensation, etc. 316 Costs or expenses how determined and recovered. 317 Informalities and errors in assessment, etc., not to be deemed to invalidate such assessment, etc. 318 Entry for purposes of the Act. 319 Chief Officer may authorise any person to enter upon adjoining premises. 320 Power of Chief Officer to call for information as to ownership of any property. 321 Power of Collector to recover record and money. 322 Power to grant ex-post facto sanction. 323 General provisions regarding grant, suspension or withdrawal of licences and written permission and levy of fees, etc. 324 Power to order closure of place. 325 Power of Government to make suitable provisions by order when a municipal area is created or altered. 326 Abolition of municipalities. 327 Repeal. 328 Interpretation. 329 Special provisions regarding the term of Councillors of existing Councils whose term is due to expire. 330 Consequences of replacement of existing Councils. 331 Pensions relating to officers and servants. 332 Obligation to carry out certain duties and functions of existing Councils. 333 Power to appoint municipal administrator if special meeting cannot be head, to elect Chairperson and Vice- Chairperson. 334 Power to remove difficulty. Manual of Goa Laws (Vol. III) – 272 – Municipality Act GOVERNMENT OF GOA, DAMAN AND DIU Law and Judicial Department __ Notification LD/2/37-68/69-N-6 The Goa, Daman and Diu Municipalities Act, 1968 (Act No. 16 of 1968) which has been assented to by the President of India on 2nd April, 1969, is hereby published for general information of the public. V. R. Vaze, Under Secretary (Law). Panaji, 25th April, 1969, 5th Vaisakha, 1891. _______ Goa 1[ ] Municipalities Act, 1968 (Act No. 16 of 1968) An Act to consolidate and amend the law relating to municipalities in the 2 [State of Goa]. Whereas it is expedient to provide a municipal pattern in consonance with the one in force in the rest of the country for the constitution, administration and powers of municipalities in the 3[State of Goa] 4[ ] and to make better provision therefore; Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Nineteenth Year of the Republic of India as follows:— CHAPTER I Preliminary