The Goa Public Lighting Duty Act, 2021

GOVERNMENT OF GOA

Notification

7/29/2021-LA

The Goa Public Lighting Duty Act, 2021 (Goa Act 25 of 2021), which has been passed by the Legislative Assembly of Goa on 30-07-2021 and assented to by the Governor of Goa on 08-09-2021, is hereby published for the general information of the public. Pooja D. Phadte, Joint Secretary (Law). Porvorim, 15th September, 2021. ___________________

The Goa Public Lighting Duty Act, 2021 (Goa Act 25 of 2021) [08-09-2021] AN

ACT to provide for the levy and collection of public lighting duty on the electricity consumers in the State of Goa so as to create new infrastructure for public lighting and to operate and maintain public lighting owned by Electricity Department and other Government Departments in the entire State of Goa and for the matters connected therewith and incidental thereto. BE it enacted by the Legislative Assembly of Goa in the Seventy-second Year of Republic of India as follows:—

1. (1) This Act may be called the Goa Public Lighting Duty Act, 2021.
2. (2) It shall extend to the whole of the State of Goa.
3. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,—

1. (a) “Consumer” means the owner or occupier of the premises which is for

the time being connected for supply of energy with the distribution system in the State of

Goa;

1. (b) “Department” means the Electricity Department Goa of the Government;
2. (c) “duty” means public lighting duty;
3. (d) “energy” means electrical energy when generated, transmitted, supplied or used for any purpose except the transmission of a message;
4. (e) “Government” means the Government of Goa;
5. (f) “notification” means a notification published in the Official Gazette of the Government;
6. (g) “Official Gazette” means the Official Gazette of the Government;
7. (h) “prescribed” means prescribed by rules made under this Act;
   • (i) “public lighting” means illumination of streets and public places except façade illumination;
8. (j) “tariff order” means the order issued by the Joint Electricity Regulatory Commission for a particular year;

1. (1) There shall be levied and collected a

duty at such rate as may be notified by the Government by notification in the Official

Gazette: Provided that no duty shall be leviable on the units of energy consumed by the Government (save in respect of premises used for residential purposes).

1. (2) The duty levied under this section shall be in addition to taxes, duties and cess levied under any other law for the time being in force.

1. (1) Every consumer shall pay the duty to the Government at such time and in such manner as may be prescribed.
2. (2) Where any person fails or neglects to pay the duty, at the time and in the manner as

prescribed, the Department may, without prejudice to its right to recover the amount under section 6, deduct such amount of duty from the amount, if any, deposited by the consumer with the Department and if such amount cannot be realized then, after giving not less than fifteen clear days’ notice in writing to such person, cut off the supply of energy to such person; and the Department may, for that purpose, exercise the powers conferred on a licensee by sub-section (1) of section 56 of the Electricity Act, 2003 (Central Act 36 of

2003), for recovery of duty from such person.

The proceeds of the duty collected under section 3

towards the energy consumed for the public lighting, in the State of Goa.

Any sum due on account of duty, if not paid at the time and in the manner prescribed, shall be deemed to be in arrears, and thereupon, interest on such sum shall be payable at such rate as notified in the tarrif order till such sum is paid; and the sum together with any interest thereon, shall be recoverable either through a civil court or as arrears of land revenue.

On and from the date of commencement of this Act the existing public lighting infrastructure in the State of Goa shall be under the control of the Department and all other Government Departments and Government corporations and urban and rural local bodies, etc. shall hand over its maintenance to the Department within a period of one month from the date of such commencement.

1. (1) Any Officer of the Department not below the rank of an Assistant Engineer as notified by the Government by notification in the Official Gazette shall be Inspecting Officer for the purposes of this Act.
2. (2) Every such Inspecting Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

The Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

The provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.

1. (1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules made

thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

1. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature.

Save as otherwise provided in this Act, on and from the date of commencement of this Act—

1. (i) in the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994); in section 153, in subsection (3), clause (i) shall be omitted;
2. (ii) in the Goa Municipalities Act, 1968 (Act 7 of 1969), in section 101, in subsection (2), clause (c) shall be omitted. CHOKHA RAM GARG Secretary to the Government of Goa Law Department (Legal Affairs). Secretariat Porvorim, Goa. Dated: 15-09-2021. _______________________