GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate, North Goa

___

Order

No. 40/16(5)/2016-MAG/Law & Order/342

U/S 144 of Criminal Procedure Code, 1973

Whereas, polling to the General Election to

Goa Legislative Assembly – 2017 is scheduled to be

held on 04-02-2017 for the Assembly Constituencies

in the State of Goa and the Election Model Code

of Conduct is already in force with effect from

04-01-2017;

And whereas, it is essential to conduct the

General Election in free and fair manner and to

maintain public peace, order and tranquillity as per

provisions of Law and Model Code of Conduct which

has came into effect from 04-01-2017;

And whereas, it has come to the notice of the

undersigned that political disputes, confrontation

and violence start on the eve of the poll mainly due

to misuse of Hotels, Restaurants, Tea Shops, Pan

Shops and other food shops/joints (Dhabas, Gaddas)

etc., while carrying out door to door campaigning or

intimidation of voters or influencing voters and due

to gathering any crowd at places within the vicinity

of 200 meters of the polling stations, which creates

nuisance and law and order problems.

And whereas, Sections 171-B and 171-C of the

Indian Penal Code (IPC) clearly disallow attempts of

bribery and undue influence on any person or voter

Panaji, 27th January, 2017 (Magha 7, 1938)

SERIES III No. 43

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

EXTRAORDINARY

1611

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

and whoever commits offence of bribery is

punishable under Section 171-E of IPC and whoever

commits the offence of undue influence or

impersonation at an election is punishable under

Section 171-F of IPC.

And whereas, I am satisfied that the

circumstances do not permit the serving, in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub-section

(2) of Section 144 of the Code of Criminal Procedure,

1973, I hereby pass the order ex-parte.

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa District, in exercise of the

powers vested in me under sub-section (1) of

Section 144 of Code of Criminal Procedure, 1973

hereby order that on the day of the poll viz from

06:00 hrs. to midnight on 04-02-2017, all Hotels,

Restaurants, Bars, Tea Shops, Pan Shops, Eateries

and other food shops/joints (Dhabas, Gaddas) etc.,

within the vicinity of 200 meters of any polling

stations in all Assembly Constituencies within

North Goa District, shall remain closed to avoid

their misuse for campaigning or intimidation of

voters or influencing voters and I further ban any

gathering or crowd comprising of more than 5

persons within 200 meters of any polling stations

in order to avoid occurrence of any law and order

problem.

Failure to comply with this order shall be liable

for penal action under Section 188 of Indian Penal

Code and other relevant provisions of laws in force.

Given under my hand and seal of this office on

this 25th day of January, 2017.

Panaji.— The District Magistrate, North Goa

District, Nila Mohanan, IAS.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 43

(EXTRAORDINARY)

27TH JANUARY, 2017

1612

Order

No. 40/16(5)/2016-MAG/Law & Order/341

U/S 144 of Criminal Procedure Code, 1973

Whereas, polling to the General Election to Goa

Legislative Assembly – 2017 is scheduled to be

held on 04-02-2017 for the Assembly Constituencies

in the State of Goa and the Election Model Code

of Conduct is already in force with effect from

04-01-2017;

And whereas, the Government of Goa vide

Notification No. 2/1/95-Fin(R&C) Part (A)/1597 dated

19-01-2017 has directed that all the licensed

premises “for the sale of liquor” in the State of

Goa shall be closed from 05:00 p.m. of 02-02-2017

till 00.00 hrs. of 05-02-2017 and on 11-03-2017,

in view polling and counting of votes for

General Election to the Goa Legislative Assembly,

2017;

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

Act, 1964 empowers the District Magistrate to order

the closure of the licensed premises “for the sale

of liquor” within his/her jurisdiction for such period

as may be necessary and appropriate for

maintenance of law and order.

And whereas, in my considered opinion, there is

sufficient grounds for proceeding under sub-section

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

1973 for closure of all the licensed premises “for

the sale of liquor” within North Goa District from

05:00 p.m. of 02-02-2017 till 00.00 hrs. of 05-02-2017

and on 11-03-2017, in view polling and counting of

votes for General Election to the Goa Legislative

Assembly, 2017;

And whereas, I am satisfied that the

circumstances do not permit the serving, in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub-section

(2) of Section 144 of the Code of Criminal Procedure,

1973, I hereby pass the order ex-parte.

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa District, in exercise of the

power vested in me under sub-section (1) of Section

144 of Code of Criminal Procedure, 1973 read with

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

hereby order that all the licensed premises “for

the sale of liquor” shall remain closed from “05:00

p.m. of 02-02-2017 till 00.00 hrs. of 05-02-2017 and

on 11-03-2017”, in view of polling and counting of

votes for General Election to the Goa Legislative

Assembly, 2017.

Further, the licensed premises having license for

Bar and Restaurant are allowed to keep the

Restaurant open for serving food only and the

Bar counter shall be closed and no liquor shall be

allowed to be served on the above mentioned days

and time. The owners of the licensed premises

having Bar and Restaurant shall display a board in

the premises stating that no liquor will be

served on the said days and time and that

only the Restaurant is open for serving

food.

Failure to comply with this order shall result in

the cancellation of licences 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.

Given under my hand and seal of this office, this

24th day of January, 2017.

Panaji.— The District Magistrate, North Goa

District, Nila Mohanan, IAS.

_______

Order

No. 40/16(5)/2016-MAG/Law & Order/343

U/S 144 of Criminal Procedure Code, 1973

Whereas, polling to the General Election to Goa

Legislative Assembly–2017 is scheduled to be held

on 04-02-2017 for the Assembly Constituencies in

the State of Goa and the Election Model Code

of Conduct is already in force with effect from

04-01-2017;

And whereas, it is essential to conduct the

General Election in free and fair manner and to

maintain public peace, order and tranquillity as

per provisions of Law and Model Code of Conduct

which has came into effect from 04-01-2017;

And whereas, it has come to the notice of the

undersigned that political disputes, confrontation

and violence start on the eve of the poll day mostly

while carrying out door to door campaigning or

intimidations of voters or influencing voters and

due to gathering any crowd and creates nuisance

and law and order problem.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 43

(EXTRAORDINARY)

27TH JANUARY, 2017

1613

And whereas, Section 126 of the Representation

of the Peoples Act, 1951, provides that no candidate

shall try to influence voters in any way and thus no

public meetings, procession, musical concert or

rally or any kind of efforts for campaigning or

electioneering is to be allowed in the last 48 hours

from the hours of close of poll i.e. 17:01 hrs. on

02-02-2017.

And whereas, Sections 171-B and 171-C of the

Indian Penal Code (IPC) clearly disallow attempts

of bribery and undue influence on any person or

voter and whoever commits offence of bribery is

punishable under Section 171-E of IPC and whoever

commits the offence of undue influence or

impersonation at an election is punishable under

Section 171-F of IPC.

And whereas, I am satisfied that the

circumstances do not permit the serving, in due

time, of the notices individually upon the

persons against whom this order is directed and

therefore, under the powers vested in me under

sub-section (2) of Section 144 of the Code of Criminal

Procedure, 1973, I hereby pass the order

ex-parte.

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa District, in exercise of the

power vested in me under sub-section (1) of Section

144 of Code of Criminal Procedure, 1973 do hereby

order that:

(1)

From 17:01 hours of 02-02-2017 to midnight of

04-02-2017 in all Assembly Constituencies

under the jurisdiction of North Goa District

Election office,

(a) Any assembly of five or more persons

(including contesting candidates &

workers) will be deemed as unlawful

assembly under Section 144 of the Code

of Criminal Procedure, 1973 and shall be

prohibited to hold any procession or rally

under the garb of house to house visits or

corner meetings and to prevent creation

of any nuisance and law and order

problem.

(b) All vehicles permitted for use contesting

candidates by the Returning Officer for

campaigning shall not ply on roads so as

to avoid any distribution of money or

gifts or liquor and to prevent any nuisance

and law and order problem, except

the vehicles authorized by the Returning

Officer, DEO & CEO on the day of

poll.

(c) All private vehicles shall be checked in a

dignified manner to avoid their misuse

for distribution of money or gifts or liquor

and for causing any nuisance also to avoid

any harassment to private persons.

However, the above order shall not apply to the

authorized officers on Election Duty by the Election

Commission or the State Government, including the

Polling Officials, Magistrates, Police Officials and

Government staff.

Given under my hand and seal of this office on

this 25th day of January, 2017.

Panaji.— The District Magistrate, North Goa

District, Nila Mohanan, IAS.

_______

Order

No. 4/1/92-MAG/Vol. V/349

Under Section 144 of the Code of Criminal

Procedure of 1973

Whereas, the Superintendent of Police, North

Goa has brought to the notice of the undersigned

that Unmanned Aerial Vehicles (UAV)/Unmanned

Aircraft Systems (UAS) commonly known as drones

could pose a security threat due to their

unregulated use.

And whereas, the General Election to the

Legislative Assembly of Goa is scheduled to be

held on 04-02-2017 and a state of high alert and

vigil is being maintained to ensure that law and

order prevails.

And whereas, in view of above, it is necessary to

regulate the use of such UAS/UAVs or Drones in

the Indian Civil Airspace by Non-Government

Agencies, Organisations or an individual.

Now therefore, I, Nila Mohanan, IAS, District

Magistrate, North Goa, in exercise of the powers

conferred upon me under Section 144(1) of Code of

Civil Procedure, 1973 do hereby prohibit all the

Non-Governmental Agencies, Organisations and

individuals from launching such UAS/UAVs or

Drones in Indian Civil Airspace within the

jurisdiction of North Goa District, without prior

permission from this office.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 43

(EXTRAORDINARY)

27TH JANUARY, 2017

1614

______________________________

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

Price–Rs. 4.00

PRINTED AT GOVERNMENT PRINTING PRESS, PANAJI-GOA—323/380—1/2017.

www.goaprintingpress.gov.in

This Order shall come into force with effect from

27th January, 2017 and shall remain in force for a

period of 60 days i.e. upto 27th March, 2017 (both

days inclusive), unless withdrawn earlier.

As the notice cannot be served individually to

all the concerned, the order is passed ex-parte. It

shall be published for the information of public

through Official Gazette, local newspapers and by

affixing copy on the notice board of the SP(North),

SDMs, all the SDPOs & all the Police Stations in

North Goa District.

Given under my hand and seal of this office, this

27th day of January, 2017.

Panaji.— The District Magistrate, North Goa

District, Nila Mohanan, IAS.