GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate,

North Goa

___

Order

No. 40/16(5)/2016-MAG/GE-GLA/ARMS/51

Read: 1. This Office Order No. 40/16(3)/16-MAG-

-ELNS/L&O dated 21-12-2016.

Whereas, this office vide order referred to at (1)

above has prohibited the carrying of all types of

arms, fire arms, ammunition lethal weapons, in any

public place, street, road squares, through fare, by

lanes or in any open place in entire North Goa

District, till the election process is over.

And whereas, in the said order referred to at (1)

above, all the arms license holders in the North Goa

District were directed to deposit their fire arms at

the nearest police stations of their respective

jurisdiction and in no case after 6th January, 2017.

And whereas, in the said order, public servants,

police, defence personnel and security personnel on

duty and to those members of the community who

are entitled to display weapons by long standing

law, custom an usage, unless they are found to be

indulging in violence or posing a threat to the

maintenance of law and order and peaceful conduct

of election are exempted from depositing the fire

arms.

Panaji, 6th January, 2017 (Pausa 16, 1938)

SERIES III No. 40

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Reg. No. G-2/RNP/GOA/32/2015-2017

EXTRAORDINARY

1487

Suggestions are welcomed on e-mail: [email protected]

And whereas, it was also made known that, if

any person has a real threat to his or her

person/property, he/she should approach the

Director General of Police for providing necessary

security by the police, but under no circum-

stances will any person be allowed to carry his

own personal firearm/s license or otherwise except

with special permission from the District

Magistrate.

Now therefore, in view of the instructions

contained in Election Commission of India letter

No. 464/INST/2009/EPS dated 01-09-2009, the

undersigned hereby constitute a committee as

under to screen the cases of arm license holders

who have not deposited their weapons in the

police custody by due date and to examine all the

requests of arm license holders for exempting

them from deposing their weapons with the

police:

The District Magistrate and

.... Chairman

District Election Officer

The Superintendent of Police .... Member

(North)

The Additional District

.... Member

Magistrate - I, North

Secretary.

This order shall come into force with immediate

effect.

Given under my hand and seal of this office on

5th day of January, 2017.

Panaji.— The District Magistrate, North Goa

District, Agnelo A. J. Fernandes.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 40

(EXTRAORDINARY)

6TH JANUARY, 2017

1488

Order Under Section 144(1) of Criminal

Procedure Code, 1973

No. 40/16(5)/2016-MAG/Law & Order/52

Whereas, the Election Commission of India has

announced the election to the Goa Legislative

Assembly - 2017 scheduled to be held on

04-02-2017 and the election Model Code of Conduct

has come into effect from 04-01-2017, the Election

Commission of India, New Delhi had given direction

to ensure free, fair and peaceful elections;

And whereas, to prevent undue influence of

voters through distribution of liquor and to ensure

free, fair, peaceful and orderly conduct of the

election process, it is felt appropriate that the

timings for closure of all liquor bars/shops, pubs,

provision stores, etc. need to be curtailed;

And whereas, Section 29(A) of Goa Excise Duty

Act, 1964 and Rules thereunder empowers the

District Magistrate to order the closure of liquor

bars, restaurants serving liquor, liquor shops, pubs,

provision stores, etc. at such times and for such

period as may necessary and appropriate for

preservation of public peace and tranquility.

And whereas, in my considered opinion, there is

sufficient ground for proceeding under sub-section

(1) of Section 144 of Code of Criminal Procedure,

1973 for closure of all bars and all shops, pubs,

provision stores, restaurants where liquors are

being served or sold;

And whereas, I am satisfied that the circum-

stances do not permit of serving, in due time, of the

notices individually upon the persons against whom

this order is directed.

Now therefore, I, Agnelo A. J. Fernandes, District

Magistrate, North Goa, in exercise of the power

vested in me under Section 144 of Cr. P.C., 1973 read

with Section 29A of the Goa Excise Act, 1964, do

hereby Order that all the liquor bars, shops, pubs,

shacks, clubs, provision stores or any establishment

serving or selling liquor in North Goa District shall

be closed every day by 11.00 p.m. with immediate

effect till the election Model Code of Conduct

is in force. However, this order does not apply to

those establishments, provision stores, etc.

which are required by law to be closed before

11.00 p.m.

If any liquor shop/bar, pub or any establishment

serving liquor is found opened beyond the aforesaid

timings, during the said period, it shall result in

the cancellation of licenses and the owner or

offender shall be liable for penal action under

Section 188 of Indian Penal Code, Section 30 of the

Excise Duty Act, 1964 and other relevant provisions

of laws in force.

The Flying Squads, officials of the Excise

Department, Sector Magistrate, Police or any other

authorized officers/officials shall act immediately

in case any violation comes to their notice or

reported to them and should forthwith report such

cases to the Commissioner of Excise and/or the

Returning Officer concerned.

Given under my hand and seal of this office, this

4th day of January, 2017.

Panaji.— The District Magistrate, North Goa

District, Agnelo A. J. Fernandes.

______________________________

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