The Goa Public Lighting Duty Act, 2021

 
 
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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. Short title, extent and commencement .— (1) This Act may be called the Goa  
Public Lighting Duty Act, 2021. 
(2) It shall extend to the whole of the State of Goa. 
(3) It shall come into force on such date as the Government may, by notification in 
the Official Gazette, appoint. 
2. Definitions.— In this Act, unless the context otherwise requires,— 
(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; 
(b) “Department” means the Electricity Department Goa of the Government; 
(c) “duty” means public lighting duty; 
(d) “energy” means electrical energy when generated, transmitted, supplied or  
used for any purpose except the transmission of a message; 
(e) “Government” means the Government of Goa; 
(f) “notification” means a notification published in the Official Gazette of the 
Government; 
 
 
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(g) “Official Gazette” means the Official Gazette of the Government; 
(h) “prescribed” means prescribed by rules made under this Act; 
(i) “public lighting” means illumination of streets and public places except façade 
illumination; 
(j) “tariff order” means the order issued by the Joint Electricity Regulatory 
Commission for a particular year; 
3. Duty on units of energy consumed .— (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). 
(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. 
4. Payment of duty.— (1) Every consumer shall pay the duty to the Government at 
such time and in such manner as may be prescribed. 
(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. 
5. Crediting proceeds of duty.— The proceeds of the duty collected under section 3 
of this Act  shall be credited to the Government treasury and shall be utilised by the 
Department to create infrastructure for, and maintain, public lighting and to settle the bills 
towards the energy consumed for the public lighting, in the State of Goa. 
6. Recoveries.— 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. 
7. Vesting of existing public lighting infrastructure in the Department .— 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. 
8. Inspecting Officer.— (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) 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). 
 
 
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9. Power to make Rules .— The Government may, by notification in the Official 
Gazette, make rules to carry out the provisions of this Act. 
10. Other Laws not affected.— 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. 
11. Power to remove of difficulties.— (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. 
(2) Every order made under this section shall be laid, as soon as may be, after it is 
made, before the State Legislature. 
12. Amendment of certain Acts.— Save as otherwise provided in this Act, on and 
from the date of commencement of this Act— 
(i) in the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994); in section 153, in 
subsection (3), clause (i) shall be omitted; 
(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. 
 
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