City of Panaji Corporation Act, 2002

 
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[Act No. 1 of 2003]

[21st January, 2003]

Preamble

AN

ACT

To provide for and constitute a Municipal Corporation for a Larger Urban area for Panaji Municipal area and other developed areas.

BE it enacted by the Legislative Assembly of Goa in the Fifty-third year of the Republic of India as follows:-

Section 1 - Short title, extent and commencement

(1) This Act may be called as the City of Panaji Corporation Act, 2002.

(2) This Act shall apply to the areas specified in Schedule I of this Act:

Provided that the State Government may by notification declare that any area or any part thereof, not forming a part of the city of Panaji Corporation, to be a Panchayat area under the Panchayat Raj Act.

(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be appointed for different chapters or sections of this Act.

Section 2 - Repeal of enactment

(1) Subject to Section 1, on the commencement of this Act, the areas presently included in the Schedule I shall, save as hereinafter provided, be deemed to have been withdrawn from the operation of the Goa Municipalities Act, 1968 or the Goa Panchayat Raj Act, 1993 as the case may be.

(2) This withdrawal shall not affect the validity of anything done or suffered, or any right, title, or proceedings, obligation or liability accrued, before the commencement of this Act.

(3) Nothing herein contained shall deprive any person of any right to property, or other private right, except as hereinafter provided.

Section 3 - Transfer of liabilities

(1) All debts and obligations incurred, all contracts entered into with and all matters and things engaged to be done by, or for, the Municipality of Panaji and village panchayat areas indicated in Schedule I, before this Act comes into force shall be deemed to have been incurred, entered into with or engaged to be done by, or for, the Corporation as constituted under this Act.

(2) Every appointment, rule, bye-law, form, notification, notice, tax, fees, levy, scheme, order, licence or permission/legal proceedings, process made, issued, imposed, sanctioned or given under the Goa Municipalities Act, 1968, or Goa Panchayat Raj Act, 1993, shall so far as it relates to the Municipality of Panaji or any panchayat area mentioned in Schedule I and so far as it is in force at the commencement of, and is not inconsistent with, this Act, be deemed to have been made, issued, imposed, sanctioned or given under the provisions of this Act, and shall unless previously altered, modified, cancelled, suspended, surrendered or withdrawn, as the case may be, under this Act remain in force for the period, if any, for which it was so made, issued, imposed, sanctioned or given:

Provided however, in matters concerning construction, sale of articles, trading and in all other matters the presently existing bye-laws applicable to Panaji Municipal Council immediately prior to commencement of this Act, shall continue to apply to the Corporation area until new bye-laws are framed under this Act and the earlier bye-laws made applicable under this Act are repealed or superseded;

(3) All rates, taxes, fees, levies and sums of money, due to the Municipality of Panaji or any panchayat area mentioned in Schedule I when this Act comes into force, shall be deemed to be due to the Corporation;

(4) All suits or other legal proceedings, civil or criminal, instituted, by or against the Municipality of Panaji or any panchayat area mentioned in Schedule I may be continued by or against the Corporation.

Section 4 - Provisional appointment of Commissioner

The State Government may, by notification, appoint a person to exercise, perform or discharge the powers, duties and functions which are conferred or imposed by or under this Act as the Commissioner until that officer is appointed under section 48.

Section 5 - Definitions

In this Act, unless there is anything repugnant to the subject or context:--

(1) "Administrator" means an Administrator appointed by the State Government under Section 380 of this Act, to exercise the powers and to perform the duties of the Corporation and its authorities;

(2) " Assembly constituency" means constituency provided by law for the purpose of elections to the Goa Legislative Assembly, or any part thereof, which is for the time being comprised in the City;

(3) "Assembly roll" means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People Act, 1950;

(4) "assessment list" means any municipal assessment register prescribed by section 122 of this Act and includes any register subsidiary thereto;

(5) "authorized" means authorized by the Corporation either generally or specially;

(6) "bakery" means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for purposes of profit or sale;

(7) "budget grant" means a sum entered on the expenditure side of a budget estimate which has been finally adopted by the Corporation, and includes any sum by which such budget grant may at any time be increased under sections 88, 89 or 90 of this Act;

(8) "building" includes a house, outhouse, stable, hut, shed or other enclosure, whether used as a human dwelling or otherwise and shall include also verandahs, fixed platforms, plinths, door-steps, walls and the like;

(9) "building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed;

(10) "The Commissioner" means the Municipal Commissioner for the City appointed under section 48 and includes an acting Commissioner appointed under the Act and any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the extent to which such officer is so empowered;

(11) "City of Panaji" or "the City" means the large urban area specified in the notification issued in this respect under clause (2) of Article 243 Q of the Constitution of India, known by the name of the City of Panaji;

(12) "Closet accommodation" means a receptacle for human excreta, together with the structure comprising such receptacle and the fitting and apparatus connected therewith;

(13) "the Corporation" or "Corporation Area" means the Municipal Corporation of the City of Panaji constituted or deemed to be constituted under this Act;

(14) "Councillor" means any person who is duly continued under this Act or elected as a member of the Corporation under this Act; and includes, a nominated Councillor who shall not have the right:-

(i) To vote at any meeting of the Corporation and committees of the Corporation; and

(ii) To get elected as a Mayor or a Deputy Mayor of the Corporation or a chairperson of any of the Committees of the Corporation;

(15) "dangerous diseases" means cholera, plague, tuberculosis, diphtheria, malaria, and any disease which the Corporation or the State Government may, by public notice, declare to be a dangerous disease for the purpose of this Act;

(16) "District Court" means the District Court, constituted for the North Goa district;

(17) "drain" includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern, flush, tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, drain water or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;

(18) "drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use;

(19) "eating-house" means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owing or having an interest in or managing such premises;

(20) the expression "erect or re-erect any building" with its grammatical variations and cognate expressions includes:

(a) any material alteration or enlargement of any building;

(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;

(c) the conversion by structural alteration of one or more places of human habitation into a greater number of such places;

(d) the conversion by structural alteration of two or more places of human habitation into a lesser number of such places;

(e) such alteration of the internal arrangement of a building as effects a change in its drainage or sanitary arrangements or affects its stability;

(f) the addition of any rooms, buildings, out-houses or other structure to a building;

(g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of wooden buildings;

(h) any change over ground or in land;

(21) the expression "essential officer or servant" means every person employed in the municipal corporation in a service declared to be essential by the Commissioner;

(22) "factory" has the meaning assigned to it under the Factories Act, 1948;

(23) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India;

(24) "food" includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enter into or is used in the composition or preparation of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments;

(25) "keeper" means the person in charge of a lodging-house, and may include the owner for the purposes of any rules or bye-laws made under this Act;

(26) "land" includes land...

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