2035

Panaji, 23rd March, 2017 (Chaitra 2, 1939)

SERIES I No. 51

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Education, Art & Culture

Directorate of Education

___

Notification

DE/PLG/Counselling/Miscellaneous/

/2010-11/2569

The following scheme is approved by the

Government of Goa and is hereby published

for general information of the public and shall

come into force from the date of publication in

the Official Gazette.

_____

“Scheme for providing Counseling to the

students in the Government and

Government Aided Institutions

(Secondary/Higher Secondary)”

1. Introduction.— Career burnout has

turned into a common phenomenon in recent

times. Blame it on hectic lifestyles, tough

deadlines, multitasking, rat race or cut-throat

competition. Many bright prospects have

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

fallen victims to career burnout syndrome. The

basic reason is that every profession is

susceptible to exhaustion and mental strain.

The diverse socio-economic and cultural

levels of the students and the increased

competition at school for achieving higher

academic grading plays havoc with the young

minds more so with the vulnerable sections of

the society thereby falling prey to addictions

of alcohol, tobacco, drugs and at times

gambling. The fear of failure also makes the

mind lose self confidence and leads to

psychological imbalances and leading to

incidents of suicides amongst the susceptible

youth.

As today’s youth is the future of the country,

the Government of Goa therefore with

thoughtful concern endeavors to take due

care, and as an immediate response desires

to engage expert counselors in schools to help

the young students cope up with the emotional

and psychological stress related to education

and also socio-economic and cultural

environment.

INDEX

Department Notification Subject

Pages

1. Education, Art & Culture

DE/PLG/Counselling/

Scheme for providing Counseling to the students in

2035

Director

Miscellaneous/2010-11/

the Government and Government Aided Institutions

/2569

(Secondary/Higher Secondary).

2. Law & Judiciary

Not.-10/4/2016-LA

The Enforcement of Security Interest and Recovery

2038

Under Secretary

of Debts Laws and Miscellaneous Provisions

(Amendment) Act, 2016.

3. a. Personnel

Not.-1/5/2016-PER/712

RR— The Goa Institute of Public Administration

2061

Director General (GIPARD)

and Rural Development.

b. — do —

Not.-1/3/2015-PER/760

RR— Department of Handicrafts, Textile & Coir.

2069

Additional Secretary

4. Printing and Stationery

Subscription Rates.

2071

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2036

2. Short title and commencement.— (I) This

scheme shall be called “The Scheme for

providing Counseling to the Secondary &

Higher Secondary School Students.

(II) This scheme will be implemented

through GEDC wherein financial assistance to

provide remuneration to eligible Counselors

and Supervisors will be provided by the

Government.

3. Objectives.— The objective of the scheme

is to spot the students undergoing mental,

physical related stress and provide solace,

safe vent to release their stress, anguish,

grievances, guilt or feeling of unrest/complain

of neglect, confidential space through

specialized Counselors in a supportive and

purposeful manner and assist the distressed

student to think more clearly and positively

and develop the skills to find their way

forward.

The main objective of this project is to

provide youth friendly counseling services in

Higher Secondary and Secondary schools,

delivered by appointed school Counselors.

The specific objectives of this project are:—

! To recruit school Counselors with specific

skills.

! To recruit Supervisors to provide super-

vision to the Counselors.

! To train the appointed Counselors on

counseling skills.

! To implement a model of continuing

supervision and support of the trained

school Counselors in the schools through

supervision and mentoring of Supervisors.

4. Scope.— The scheme shall cover the

students studying in Government and

Government aided Secondary and Higher

Secondary Institutions in the State of Goa.

The Counselors shall discuss and assist the

students in various arrays of concerns and

provide guidance with regards to the issues

related to:—

(1) Stress Management.

(2) Adjusting to school environment.

(3) Life transition and changes.

(4) Difficulties in family relationship.

(5) Depression.

(6) Anxiety, Anger.

(7) Physical, Sexual, Emotional abuse.

(8) Thoughts of suicide.

(9) Trauma

(10) Other feelings that cause discomfort.

5. Eligibility Criteria.—

A. Counselor Profile:—

Nature of Employment:— Contract basis for

11 months.

Essential:—

(1) Regular Masters degree in Clinical/

/Counseling Psychology

MSW (Masters in Social Work) with

specialization in medical and psychiatric

Regular Graduation in Psychology (6 units),

Social Work, Home Science (HR) from UGC

recognized College and Diploma in Guidance

and Counseling from recognized Institution.

(2)

Minimum 1 yr. experience in working

with adolescents.

(3)

Knowledge of Konkani.

Desirable:—

(1)

Knowledge of Marathi.

(2)

Experience of working as a Counselor.

Age Limit:— 45

B. Supervisor Profile:—

Nature of Employment:— Contract basis for

11 months.

Essential:—

(1)

Regular Masters Degree in Clinical/

/Counseling Psychology or MSW (Masters in

Social Work) with specialization in medical

and psychiatric.

(2) Diploma in Guidance and Counseling

from recognized institution.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2037

(3) Minimum 2 yrs experience in working

with adolescents.

(4) Experience of conducting trainings and

workshops.

(5) Knowledge of Konkani.

Desirable:—

(1)

Knowledge of Marathi.

(2)

M. Phil/Ph. D in Psychology.

(3)

Experience of being a counselor in a

school.

As this is a profession of dealing with

individuals and their emotions, persons with

the above mentioned qualification will be

selected.

Age Limit:— 45

6. Appointment Pattern.— The appointment

of Counselors and Supervisors will be on

contract basis for a period of 11 months. The

appointment of the 02 Clerk cum Data entry

operators shall be for 11 months. GEDC may

renew the contract strictly based on the

performance of the counselor/supervisor/data

entry operators which will be assessed by the

committee constituted for the same.

The Board shall constitute a Committee for

the purpose for selection of Counselors and

Supervisors. The Committee shall conduct

walk-in interviews and allot 85 marks to the

essential Qualification and 15 marks for the

interviews.

7. Funding Pattern.— The Goa Education

Development Corporation will pay the

remuneration of the Counselors, Supervisors

and Clerk cum Data Entry Operator from the

funds provided by Directorate of Education to

the tune of Rs. 22,000/-, 30,000/- and 12,000/-

respectively.

Goa Education Development Corporation,

will be reimbursed at five (5%) cost towards

overhead and other expenses.

8. Monitoring & Evaluation.—

" Plan for Integrating the Initiative within

the School System

The school is a system where the focus is

on holistic development of a child, as opposed

to a narrower focus only on academic

outcomes. To integrate this initiative within

the school system, we plan to optimize existing

resources in the following ways:—

Structural: The Super School Complex will

serve as the main office for the Counselor.

These institutions provide ideal conditions for

achieving the purpose of counseling as they

are specifically equipped to cater to this need.

Human Resources: The Counselor is a

important human resource within the school

setting to cater to the needs of emotional well

being of students. Through training and

supervision, the Counselors capacities will be

enhanced to provide efficient and effective

counseling for the students.

Stakeholders:

This

program

will

simultaneously work with consultation with

the various stakeholders such as teachers,

students, parents & school officials etc. to

generate awareness about the program.

Secondary Referral centers: The Counselors

will work with the Principals and ADEI officers

of all talukas to network with Secondary

referral centres for counseling within the

region. These secondary referral centers will

need to be recognized by the GEDC. This will

lead to the sustainability of this programme.

9. Relaxation.— (a) The Government shall

be empowered to relax any or all clauses or

conditions of the scheme in genuine cases

for which the reasons shall recorded in

writing.

(b) If any question arises regarding

interpretation of any clause, word, expression,

the decision about the interpretation shall lie

with the Government which shall be final and

binding on all concerned.

By order and in the name of the Governor

of Goa.

G. P. Bhat, Director (Education).

Porvorim, 29th December, 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

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2038

Department of Law & Judiciary

Legal Affairs Division

___

Notification

10/4/2016-LA

The Enforcement of Security Interest and

Recovery of Debts Laws and Miscellaneous

provisions (Amendment) Act, 2016 (Central

Act No. 44 of 2016), which has been passed

by Parliament and assented to by the

President on 12-08-2016 and published in the

Gazette of India, Extraordinary, Part II,

Section 1, dated 16-08-2016, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Under Secretary (Law).

Porvorim, 4th November, 2016.

______

THE ENFORCEMENT OF SECURITY

INTEREST AND RECOVERY OF DEBTS

LAWS AND MISCELLANEOUS

PROVISIONS (AMENDMENT) ACT, 2016

ACT

further to amend the Securitisation and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002,

the Recovery of Debts due to Banks and

Financial Institutions Act, 1993, the Indian

Stamp Act, 1899, and the Depositories Act,

1996, and for matters connected therewith

or incidental thereto.

Be it enacted by Parliament in the Sixty-

-seventh Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1) This

Act may be called the Enforcement of Security

Interest and Recovery of Debts Laws and

Miscellaneous Provisions (Amendment) Act,

2016.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint:

Provided that different dates may be

appointed for different provisions of this Act,

and any reference in any such provision to the

commencement of this Act shall be construed

as a reference to the coming into force of

that provision.

CHAPTER II

Amendments to the Securitisation and

Reconstruction of Financial Assets

and Enforcement of Security

Interest Act, 2002

2. Amendment of long title.—

In the Securitisation and Recons-

truction of Financial Assets and

Enforcement of Security Interest Act,

2002, (hereinafter referred to in this

Chapter as the principal Act), for the

long title, the following shall be

substituted, namely:—

“An Act to regulate securitisation and

reconstruction of financial assets and

enforcement of security interest and to

provide for a Central database of security

interests created on property rights, and for

matters connected therewith or incidental

thereto.”.

3. Substitution of references to certain

expressions

other

expressions.—

Throughout the principal Act,—

(i) for the words “securitisation

company”, “reconstruction company”,

“securitisation or reconstruction company”,

“securitisation company or the reconstruction

company” or “securitisation company or a

reconstruction company”, wherever they

occur, the words “asset reconstruction

company” shall be substituted;

(ii) for the words “securitisation

companies or reconstruction companies”,

wherever they occur, the words “asset

reconstruction companies” shall be

substituted;

54 of 2002.

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(iii) for the words “qualified institutional

buyer”, wherever they occur, the words

“qualified buyer” shall be substituted.

(iv) for the words “qualified institutional

buyers”, wherever they occur, the words

“qualified buyers” shall be substituted.

4. Amendment of section 2.— In the

principal Act, in section 2, in sub-section (1),—

(i) after clause (b), the following clause

shall be inserted, namely:—

‘(ba) “asset reconstruction company”

means a company registered with

Reserve Bank under section 3 for the

purposes of carrying on the business of

asset reconstruction or securitisation, or

both;’;

(ii) in clause (f), after the words “financial

institution in relation to such financial

assistance”, the words “or who has raised

funds through issue of debt securities” shall

be inserted;

(iii) after clause (g), the following clause

shall be inserted namely:—

‘(ga) “company” means a

company as defined in clause

(20) of section 2 of the

Companies Act, 2013;’;

(iv) for clause (ha), the following clause

shall be substituted, namely:—

‘(ha) “debt” shall have the

meaning assigned to it in clause

(g) of section 2 of the Recovery

of Debts Due to Banks and

Financial Institutions Act, 1993

and includes—

(i) unpaid portion of the purchase

price of any tangible asset given on hire

or financial lease or conditional sale or

under any other contract;

(ii) any right, title or interest on

any intangible asset or licence or

assignment of such intangible asset,

which secures the obligation to pay any

unpaid portion of the purchase price

of such intangible asset or an

obligation incurred or credit otherwise

extended to enable any borrower to

acquire the intangible asset or obtain

licence of such asset;’;

(v) after clause (i), the following clause

shall be inserted, namely:—

‘(ia) “debt securities” means

debt securities listed in

accordance with the regula-

tions made by the Board under

the Securities and Exchange

Board of India Act, 1992;’;

(vi) for clause (j), the following clause

shall be substituted, namely:—

‘(j) “default” means—

(i) non-payment of any debt or any

other amount payable by the borrower

to any secured creditor consequent

upon which the account of such

borrower is classified as non-

-performing asset in the books of

account of the secured creditor; or

(ii) non-payment of any debt or any

other amount payable by the borrower

with respect to debt securities after

notice of ninety days demanding

payment of dues served upon such

borrower by the debenture trustee or

any other authority in whose favour

security interest is created for the

benefit of holders of such debt

securities;’;

(vii) in clause (k), after the words “any

bank or financial institution”, the following

words shall be inserted, namely:—

“including funds provided for the

purpose of acquisition of any tangible

asset on hire or financial lease or

conditional sale or under any other

contract or obtaining assignment or

licence of any intangible asset or

purchase of debt securities;”;

18 of 2013.

51 of 1993.

15 of 1992.

OFFICIAL GAZETTE — GOVT. OF GOA

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2040

(viii) in clause (l), after sub-clause (v), the

following sub-clauses shall be inserted,

namely:—

“(va) any beneficial right, title or

interest in any tangible asset given on hire

or financial lease or conditional sale or

under any other contract which secures

the obligation to pay any unpaid portion

of the purchase price of such asset or an

obligation incurred or credit otherwise

provided to enable the borrower to

acquire such tangible asset; or

(vb) any right, title or interest on any

intangible asset or licence or assignment

of such intangible asset, which secures

the obligation to pay any unpaid portion

of the purchase price of such intangible

asset or an obligation incurred or credit

otherwise extended to enable the

borrower to acquire such intangible

asset or obtain licence of the intangible

asset; or”;

(ix) in clause (m), after sub-clause (iii), the

following sub-clauses shall be inserted,

namely:—

“(iiia) a debenture trustee registered

with the Board and appointed for secured

debt securities;

(iiib) asset reconstruction company,

whether acting as such or managing

a trust created for the purpose of

securitisation or asset reconstruction, as

the case may be;”;

(x) after clause (m), the following clause

shall be inserted, namely:—

‘(ma) “financial lease” means a lease

under any lease agreement of tangible

asset, other than negotiable instrument

or negotiable document, for transfer of

lessor’s right therein to the lessee for a

certain time in consideration of payment

of agreed amount periodically and where

the lessee becomes the owner of the such

assets at the expiry of the term of lease

or on payment of the agreed residual

amount, as the case may be;’;

(xi) after clause (n), the following clause

shall be inserted, namely:—

‘(na) “negotiable document” means a

document, which embodies a right to

delivery of tangible assets and satisfies

the requirements for negotiability under

any law for the time being in force

including warehouse receipt and bill of

lading;’;

(xii) in clause (t), in sub-clause (v), after

the words “right of similar nature”, the

words “as may be prescribed by the Central

Government in consultation with Reserve

Bank” shall be inserted;

(xiii) in clause (u), after the words

“regulations made thereunder,”, the words,

figures and brackets “any category of non-

-institutional investors as may be specified

by the Reserve Bank under sub-section (1)

of section 7” shall be inserted;

(xiv) clause (v) shall be omitted;

(xv) clause (za) shall be omitted;

(xvi) for clause (zd), the following clause

shall be substituted, namely:—

‘(zd) “secured creditor” means—

(i) any bank or financial institution

or any consortium or group of banks

or financial institutions holding any

right, title or interest upon any tangible

asset or intangible asset as specified

in clause (l);

(ii) debenture trustee appointed by

any bank or financial institution; or

(iii) an asset reconstruction company

whether acting as such or managing a

trust set up by such asset reconstruc-

tion company for the securitisation or

reconstruction, as the case may be; or

(iv) debenture trustee registered with

the Board appointed by any company

for secured debt securities; or

(v) any other trustee holding securities

on behalf of a bank or financial institution,

OFFICIAL GAZETTE — GOVT. OF GOA

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2041

in whose favour security interest is created

by any borrower for due repayment of any

financial assistance.’;

(xvii) for clause (zf), the following clause

shall be substituted, namely:—

‘(zf) “security interest” means right,

title or interest of any kind, other than

those specified in section 31, upon

property created in favour of any secured

creditor and includes—

(i) any mortgage, charge, hypothe-

cation, assignment or any right, title or

interest of any kind, on tangible asset,

retained by the secured creditor as an

owner of the property, given on hire or

financial lease or conditional sale or

under any other contract which

secures the obligation to pay any

unpaid portion of the purchase price

of the asset or an obligation incurred

or credit provided to enable the

borrower to acquire the tangible asset;

(ii) such right, title or interest in any

intangible asset or assignment or

licence of such intangible asset which

secures the obligation to pay any

unpaid portion of the purchase price

of the intangible asset or the obligation

incurred or any credit provided to

enable the borrower to acquire the

intangible asset or licence of intangible

asset;’.

5. Amendment of section 3.— In the

principal Act, in section 3,—

(i) in sub-section (1), for clause (b), the

following clause shall be substituted,

namely:—

“(b) having net owned fund of not less

than two crore rupees or such other

higher amount as the Reserve Bank, may,

by notification, specify:”;

(ii) in sub-section (3),—

(a) for clause (f), the following clause

shall be substituted, namely:—

“(f) that a sponsor of an asset

reconstruction company is a fit and

proper person in accordance with the

criteria as may be specified in the

guidelines issued by the Reserve Bank

for such persons;”;

(b) clause (d) shall be omitted.

(iii) in sub-section (6),—

(a) after the words “any substantial

change in its management”, the words

“including appointment of any director

on the board of directors of the asset

reconstruction company or managing

director or chief executive officer

thereof” shall be inserted;

(b) in the Explanation, after the words

“by way of transfer of shares or”, the

words “change affecting the sponsorship

in the company by way of transfer of

shares or” shall be inserted.

6. Amendment of section 5.— In the

principal Act, in section 5,—

(i) after sub-section (1), the following

sub-section shall be inserted, namely:—

“(1A)

Any

document

executed by any bank or

financial institution under sub-

-section (1) in favour of the

asset reconstruction company

acquiring financial assets for

the purposes of asset recons-

truction or securitisation shall

be exempted from stamp duty

accordance

with

the

provisions of section 8F of the

Indian Stamp Act, 1899:

Provided that the provisions of this

sub-section shall not apply where the

acquisition of the financial assets by the

asset reconstruction company is for the

2 of 1899.

OFFICIAL GAZETTE — GOVT. OF GOA

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2042

purposes other than asset reconstruction

or securitisation.”;

(ii) after sub-section (2), the following

sub-section shall be inserted, namely:—

“(2A) If the bank or financial institution

is holding any right, title or interest upon

any tangible asset or intangible asset to

secure payment of any unpaid portion of

the purchase price of such asset or an

obligation incurred or credit otherwise

provided to enable the borrower to

acquire the tangible asset or assignment

or licence of intangible asset, such right,

title or interest shall vest in the asset

reconstruction company on acquisition of

such assets under sub-section (1).”;

7. Amendment of section 7.— In the

principal Act, in section 7, in sub-section (1),

for the brackets and words “(other than by

offer to public)”, the words “or such other

category of investors including non-

-institutional investors as may be specified by

the Reserve Bank in consultation with the

Board, from time to time,” shall be substituted.

8. Substitution of new section for section

9.— In the principal Act, for section 9, the

following section shall be substituted,

namely:—

“9. Measures for assets reconstruction.—

(1) Without prejudice to the provisions

contained in any other law for the time

being in force, an asset reconstruction

company may, for the purposes of asset

reconstruction, provide for any one or more

of the following measures, namely:—

(a) the proper management of the

business of the borrower, by change in,

or take over of, the management of the

business of the borrower;

(b) the sale or lease of a part or whole

of the business of the borrower;

payable by the borrower;

(d) enforcement of security interest in

accordance with the provisions of this Act;

(e) settlement of dues payable by the

borrower;

(f) taking possession of secured assets

in accordance with the provisions of this

Act;

(g) conversion of any portion of debt

into shares of a borrower company:

Provided that conversion of any part of

debt into shares of a borrower company

shall be deemed always to have been valid,

as if the provisions of this clause were in

force at all material times.

(2) The Reserve Bank shall, for the

purposes of sub-section (1), determine the

policy and issue necessary directions

including the direction for regulation of

management of the business of the

borrower and fees to be charged.

(3) The asset reconstruction company

shall take measures under sub-section (1)

in accordance with policies and directions

of the Reserve Bank determined under sub-

-section (2).”.

9. Amendment of section 12.— In the

principal Act, in section 12, in sub-section (2),

after clause (b), the following clauses shall be

inserted, namely:—

“(c) the fee and other charges which may

be charged or incurred for management of

financial assets acquired by any asset

reconstruction company;

(d) transfer of security receipts issued to

qualified buyers.”.

10. Insertion of new section 12B.— In the

principal Act, after section 12A, the following

section shall be inserted, namely:—

“12B. Power of Reserve Bank to carry out

audit and inspection.— (1) The Reserve

Bank may, for the purposes of this Act, carry

out or caused to be carried out audit and

inspection of an asset reconstruction

company from time to time.

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(2) It shall be the duty of an asset

reconstruction company and its officers

to provide assistance and cooperation to

the Reserve Bank to carry out audit or

inspection under sub-section (1).

(3) Where on audit or inspection or

otherwise, the Reserve Bank is satisfied

that business of an asset reconstruction

company is being conducted in a manner

detrimental to public interest or to the

interests of investors in security receipts

issued by such asset reconstruction

company, the Reserve Bank may, for

securing proper management of an asset

reconstruction company, by an order—

(a) remove the Chairman or any

director or appoint additional directors

on the board of directors of the asset

reconstruction company; or

(b) appoint any of its officers as an

observer to observe the working of

the board of directors of such asset

reconstruction company:

Provided that no order for removal of

Chairman or director under clause (a) shall

be made except after giving him an

opportunity of being heard.

(4) It shall be the duty of every director

or other officer or employee of the asset

reconstruction company to produce before

the person, conducting an audit or

inspection under sub-section (1), all such

books, accounts and other documents in his

custody or control and to provide him such

statements and information relating to the

affairs of the asset reconstruction company

as may be required by such person within

the stipulated time specified by him.”.

11. Amendment of section 13.— In the

principal Act, in section 13,—

(i) in sub-section (2), the following proviso

shall be inserted, namely:—

“Provided that—

(i) the requirement of classification

of secured debt as non-performing

asset under this sub-section shall not

apply to a borrower who has raised

funds through issue of debt securities;

and

(ii) in the event of default, the

debenture trustee shall be entitled to

enforce security interest in the same

manner as provided under this section

with such modifications as may be

necessary and in accordance with

the terms and conditions of security

documents executed in favour of the

debenture trustee;”;

(iii) for sub-section (8), the following sub-

-section shall be substituted, namely:—

“(8) Where the amount of dues of the

secured creditor together with all costs,

charges and expenses incurred by him

is tendered to the secured creditor at any

time before the date of publication of

notice for public auction or inviting

quotations or tender from public or

private treaty for transfer by way of lease,

assignment or sale of the secured

assets,—

(i) the secured assets shall not be

transferred by way of lease assignment

or sale by the secured creditor; and

(ii) in case, any step has been taken

by the secured creditor for transfer by

way of lease or assignment or sale of

the assets before tendering of such

amount under this sub-section, no

further step shall be taken by such

secured creditor for transfer by way of

lease or assignment or sale of such

secured assets.”.

12. Amendment of section 14.— In the

principal Act, in section 14, in sub-section (1),—

(i) in the second proviso, after the words

“secured assets”, the words “ within a

period of thirty days from the date of

application” shall be inserted;

(ii) after the second proviso, the following

proviso shall be inserted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

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2044

“Provided further that if no order is

passed by the Chief Metropolitan

Magistrate or District Magistrate within

the said period of thirty days for reasons

beyond his control, he may, after

recording reasons in writing for the same,

pass the order within such further period

but not exceeding in aggregate sixty

days.”.

13. Amendment of section 15.— In the

principal Act, in section 15, in sub-section (4),

the following proviso shall be inserted,

namely:—

“Provided that if any secured creditor

jointly with other secured creditors or any

asset reconstruction company or financial

institution or any other assignee has

converted part of its debt into shares of a

borrower company and thereby acquired

controlling interest in the borrower

company, such secured creditors shall not

be liable to restore the management of the

business to such borrower.”.

14. Amendment of section 17.— In the

principal Act, in section 17,—

(i) for the marginal heading “Right to

appeal”, the words “Application against

measures to recover secured debts” shall

be substituted;

(ii) after sub-section (1), the following

sub-sections shall be inserted, namely:—

“(1A) An application under sub-section

(1) shall be filed before the Debts

Recovery Tribunal within the local limits

of whose jurisdiction—

(a) the cause of action, wholly or in

part, arises;

(b) where the secured asset is

located; or

a bank or financial institution is

maintaining an account in which debt

claimed is outstanding for the time

being.”;

(iii) for sub-section (3), the following

sub-section shall be substituted, namely:—

“(3) If, the Debts Recovery Tribunal,

after

examining

the

facts

and

circumstances of the case and evidence

produced by the parties, comes to the

conclusion that any of the measures

referred to in sub-section (4) of section 13,

taken by the secured creditor are not in

accordance with the provisions of this Act

and the rules made thereunder, and

require restoration of the management or

restoration of possession, of the secured

assets to the borrower or other aggrieved

person, it may, by order,—

(a) declare the recourse to any one

or more measures referred to in sub-

-section (4) of section 13 taken by the

secured creditor as invalid; and

(b) restore the possession of secured

assets or management of secured

assets to the borrower or such other

aggrieved person, who has made an

application under sub-section (1), as

the case may be; and

it may consider appropriate and

necessary in relation to any of the

recourse taken by the secured creditor

under sub-section (4) of section 13.”;

(iv) after sub-section (4), the following

sub-section shall be inserted, namely:—

“(4A) Where—

(i) any person, in an application

under sub-section (1), claims any

tenancy or leasehold rights upon the

secured asset, the Debt Recovery

Tribunal, after examining the facts of

the case and evidence produced by

the parties in relation to such claims

shall, for the purposes of enforcement

of security interest, have the

jurisdiction to examine whether lease

or tenancy,—

(a)

has

expired

stood

determined; or

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(b) is contrary to section

65A of the Transfer of

Property Act, 1882;

mortgage; or

(d) is created after the issuance of

notice of default and demand by the

Bank under sub-section (2) of section

13 of the Act; and

(ii) the Debt Recovery Tribunal is

satisfied that tenancy right or leasehold

rights claimed in secured asset falls

under the sub-clause (a) or sub-clause

(b) or sub-clause (c) or sub-clause (d)

of clause (i), then notwithstanding

anything to the contrary contained in

any other law for the time being in

force, the Debt Recovery Tribunal may

pass such order as it deems fit in

accordance with the provisions of this

Act.”.

15. Amendment of section 19.— In the

principal Act, in section 19, for the words

“concerned borrowers, such borrowers”, the

words “concerned borrowers or any other

aggrieved person, who has filed the

application under section 17 or section 17A

or appeal under section 18 or section 18A, as

the case may be, the borrower or such other

person” shall be substituted.

16. Insertion of new sections 20A and 20B.—

In the principal Act, after section 20, the

following sections shall be inserted, namely:—

“20A. Integration of registration

systems with Central Registry.— (1) The

Central Government may, for the purpose

of providing a Central database, in

consultation with State Governments or

other authorities operating registration

system for recording rights over any

property or creation, modification or

satisfaction of any security interest on

such property, integrate the registration

records of such registration systems

with the records of Central Registry

established under section 20, in such

manner as may be prescribed.

Explanation.—

For

the

purpose of this sub-section, the

registration records includes

records of registration under

the Companies Act, 2013, the

Registration Act, 1908, the

Merchant Shipping Act, 1958,

the Motor Vehicles Act, 1988, the

Patents Act, 1970, the Designs

Act, 2000 or other such records

under any other law for the time

being in force.

(2) The Central Government shall

after integration of records of various

registration systems referred to in sub-

-section (1) with the Central Registry, by

notification, declare the date of integration

of registration systems and the date from

which such integrated records shall be

available; and with effect from such date,

security interests over properties which

are registered under any registration

system referred to in sub-section (1) shall

be deemed to be registered with the

Central Registry for the purposes of this

Act.”.

“20B. Delegation of powers.— The

Central

Government

may,

notification, delegate its powers and

functions under this Chapter, in

relation to establishment, operations

and regulation of the Central Registry

to the Reserve Bank, subject to such

terms and conditions as may be

prescribed.”.

17. Amendment of section 23.— In the

principal Act,—

(i) section 23 shall be numbered as

sub-section (1), and in sub-section (1) as

so re-numbered,—

(a) the words “within thirty days after

the date of such transaction or creation

of security, by the securitisation company

18 of 2013.

16 of 1908.

44 of 1958.

59 of 1988.

39 of 1970.

16 of 2000.

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or reconstruction company or the

secured creditor, as the case may be”

shall be omitted;

(b) the first proviso shall be omitted;

“further” shall be omitted;

(ii) in section 23, after sub-section (1) so

renumbered, the following sub-sections

shall be inserted, namely:—

“(2) The Central Government may, by

notification, require the registration of

transaction relating to different types of

security interest created on different kinds

of property with the Central Registry.

(3) The Central Government may, by

rules, prescribe forms for registration for

different types of security interest under

this section and fee to be charged for

such registration.”.

18. Insertion of new Chapter IVA.— In the

principal Act, after section 26A, the following

chapter shall be inserted, namely:—

“CHAPTER IVA

Registration by secured creditors

and other creditors

26B. Registration by secured creditors

and other creditors.— (1) The Central

Government may by notification, extend the

provisions of Chapter IV relating to Central

Registry to all creditors other than secured

creditors as defined in clause (zd) of sub-

-section (1) of section 2, for creation,

modification or satisfaction of any security

interest over any property of the borrower

for the purpose of securing due repayment

of any financial assistance granted by such

creditor to the borrower.

(2) From the date of notification under

sub-section (1), any creditor including the

secured creditor may file particulars of

transactions of creation, modification or

satisfaction of any security interest with the

Central Registry in such form and manner

as may be prescribed.

(3) A creditor other than the secured

creditor filing particulars of transactions of

creation, modification and satisfaction of

security interest over properties created in

its favour shall not be entitled to exercise

any right of enforcement of securities under

this Act.

(4) Every authority or officer of the

Central

Government

any

State

Government or local authority, entrusted

with the function of recovery of tax or other

Government dues and for issuing any order

for attachment of any property of any person

liable to pay the tax or Government dues,

shall file with the Central Registry such

attachment order with particulars of the

assessee and details of tax or other

Government dues from such date as may

be notified by the Central Government, in

such form and manner as may be

prescribed.

(5) If any person, having any claim against

any borrower, obtains orders for attachment

of property from any court or other authority

empowered to issue attachment order,

such person may file particulars of such

attachment orders with Central Registry in

such form and manner on payment of such

fee as may be prescribed.

26C. Effect of the registration of

transaction, etc.— (1) Without prejudice to

the provisions contained in any other law,

for the time being in force, any registration

of transactions of creation, modification or

satisfaction of security interest by a secured

creditor or other creditor or filing of

attachment orders under this Chapter shall

be deemed to constitute a public notice

from the date and time of filing of particulars

of such transaction with the Central

Registry for creation, modification or

satisfaction of such security interest or

attachment order, as the case may be.

(2) Where security interest or attachment

order upon any property in favour of the

secured creditor or any other creditor are

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filed for the purpose of registration under

the provisions of Chapter IV and this

Chapter, the claim of such secured creditor

or other creditor holding attachment order

shall have priority over any subsequent

security interest created upon such

property and any transfer by way of sale,

lease or assignment or licence of such

property or attachment order subsequent

to such registration, shall be subject to

such claim:

Provided that nothing contained in this

sub-section shall apply to transactions

carried on by the borrower in the ordinary

course of business.

26D. Right of enforcement of securities.—

Notwithstanding anything contained in any

other law for the time being in force, from

the date of commencement of the provisions

of this Chapter, no secured creditor shall be

entitled to exercise the rights of enforcement

of securities under Chapter III unless the

security interest created in its favour by the

borrower has been registered with the

Central Registry.

26E. Priority to secured creditors.—

Notwithstanding anything contained in any

other law for the time being in force, after

the registration of security interest, the debts

due to any secured creditor shall be paid in

priority over all other debts and all revenues,

taxes, cesses and other rates payable to the

Central Government or State Government

or local authority.

Explanation.— For the pur-

poses of this section, it is hereby

clarified that on or after the

commencement of the Insolvency

and Bankruptcy Code, 2016, in

cases where insolvency or

bankruptcy proceedings are

pending in respect of secured

assets of the borrower, priority to

secured creditors in payment of

debt shall be subject to the

provisions of that Code.”.

19. Amendment of section 27.— In section

27, the following proviso shall be inserted,

namely:—

“Provided that provisions of this section

shall be deemed to have been omitted from

the date of coming into force of the

provisions of this Chapter and section 23 as

amended by the Enforcement of Security

Interest and Recovery of Debts Laws and

Miscellaneous Provisions (Amendment)

Act, 2016.”.

20. Omission of section 28.— In the principal

Act, section 28, shall be omitted.

21. Insertion of new sections 30A, 30B, 30C

and 30D.— In the principal Act, after section

30, the following sections shall be inserted,

namely:—

“30A. Power of adjudicating authority to

impose penalty.— (1) Where any asset

reconstruction company or any person fails

to comply with any direction issued by

the Reserve Bank under this Act the

adjudicating authority may, by an order,

impose on such company or person in

default, a penalty not exceeding one crore

rupees or twice the amount involved in such

failure where such amount is quantifiable,

whichever is more, and where such failure

is a continuing one, a further penalty which

may extend to one lakh rupees for every day,

after the first, during which such failure

continues.

(2) For the purpose of imposing penalty

under sub-section (1), the adjudicating

authority shall serve a notice on the asset

reconstruction company or the person in

default requiring such company or person

to show cause why the amount specified in

the notice should not be imposed as a

penalty and a reasonable opportunity of

being heard shall be given to such person.

(3) Any penalty imposed under this

section shall be payable within a period of

thirty days from the date of issue of notice

under sub-section (2).

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(4) Where the asset reconstruction

company fails to pay the penalty within the

specified period under sub-section (3), the

adjudicating authority shall, by an order,

cancel its registration:

Provided that an opportunity of being

heard shall be given to such asset

reconstruction company before cancel-

lation of registration.

(5) No complaint shall be filed against any

person in default in any court pertaining to

any failure under sub-section (1) in respect

of which any penalty has been imposed and

recovered by the Reserve Bank under this

section.

(6) Where any complaint has been filed

against a person in default in the court

having jurisdiction no proceeding for

imposition of penalty against that person

shall be taken under this section.

Explanation.— For the purposes of

this section and sections 30B, 30C and

30D,—

(i) “adjudicating authority” means

such officer or a committee of officers of

the Reserve Bank, designated as such

from time to time, by notification, by the

Central Board of Reserve Bank;

(ii) “person in default” means the asset

reconstruction company or any person

which has committed any failure,

contravention or default under this Act

and any person incharge of such

company or such other person, as the

case may be, shall be liable to be

proceeded against and punished under

section 33 for such failure or contra-

vention or default committed by such

company or person.

30B. Appeal against penalties.— A person

in default, aggrieved by an order passed

under sub-section (4) of section 30A, may,

within a period of thirty days from the date

on which such order is passed, prefer an

appeal to the Appellate Authority:

Provided that the Appellate Authority

may entertain an appeal after the expiry of

the said period of thirty days, if it is satisfied

that there was sufficient cause for not filing

it within such period.

30C. Appellate Authority.— (1) The

Central Board of Reserve Bank may

designate such officer or committee of

officers as it deems fit to exercise the power

of Appellate Authority,

(2) The Appellate Authority shall have

power to pass such order as it deems fit after

providing a reasonable opportunity of being

heard to the person in default.

(3) The Appellate Authority may, by an

order stay the enforcement of the order

passed by the adjudicating authority under

section 30A, subject to such terms and

conditions, as it deems fit.

(4) Where the person in default fails to

comply with the terms and conditions

imposed by order under sub-section (3)

without reasonable cause, the Appellate

Authority may dismiss the appeal.

30D. Recovery of penalties.— (1) Any

penalty imposed under section 30A shall be

recovered as a “recoverable sum” and shall

be payable within a period of thirty days

from the date on which notice demanding

payment of the recoverable sum is served

upon the person in default and, in the case

of failure of payment by such person within

such period, the Reserve Bank may, for the

purpose of recovery,—

(a) debit the current account, if any, of

the person in default maintained with the

Reserve Bank or by liquidating the

securities, if any, held to the credit of such

person in the books of the Reserve Bank;

(b) issue a notice to the person from

whom any amount is due to the person

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in default, requiring such person to

deduct from the amount payable by him

to the person in default, such amount

equivalent to the amount of the

recoverable sum, and to make payment

of such amount to the Reserve Bank.

(2) Save as otherwise provided in sub-

-section (4), a notice issued under clause (b)

of sub-section (1) shall be binding on every

person to whom it is issued, and, where

such notice is issued to a post office, bank

or an insurance company, it shall not be

necessary to produce any pass book,

deposit receipt, policy or any other

document for the purpose of any entry or

endorsement thereof before payment is

made, notwithstanding any rule, practice

or requirement to the contrary.

(3) Any claim in respect of any amount,

arising after the date of issue of notice under

sub-section (1) shall be void as against the

demand contained in such notice.

(4) Any person, to whom the notice is sent

under sub-section (1), objects to such notice

by a statement on oath that the sum

demanded or any part thereof is not due to

the person in default or that he does not hold

any money for or on account of the person

in default, then nothing contained in this

section shall be deemed to require, such

person to pay such sum or part thereof, as

the case may be.

(5) Where it is found that statement made

by the person under sub-section (4) is false

in material particulars, such person shall be

personally liable to the Reserve Bank to the

extent of his own liability to the person in

default on the date of the notice, or to the

extent of the recoverable sum payable by

the person in default to the Reserve Bank,

whichever is less.

(6) The Reserve Bank may, at any time,

amend or revoke any notice issued under

sub-section (1) or extend the time for

making the payment in pursuance of such

notice.

(7) The Reserve Bank shall grant a receipt

for any amount paid to it in compliance with

a notice issued under this section and the

person so paying shall be fully discharged

from his liability to the person in default to

the extent of the amount so paid.

(8) Any person discharging any liability

to the person in default after the receipt of

a notice under this section shall be

personally liable to the Reserve Bank—

(a) to the extent of his own liability to

the person in default so discharged; or

(b) to the extent of the recoverable sum

payable by the person in default to the

Reserve Bank, whichever is less.

(9) Where the person to whom the notice

is sent under this section, fails to make

payment in pursuance thereof to the

Reserve Bank, he shall be deemed to be the

person in default in respect of the amount

specified in the notice and action or

proceedings may be taken or instituted

against him for the realisation of the amount

in the manner provided in this section.

(10) The Reserve Bank may enforce

recovery of recoverable sum through the

principal civil court having jurisdiction in

the area where the registered office or the

head office or the principal place of business

of the person in default or the usual place of

residence of such person is situated as if the

notice issued by the Reserve Bank were a

decree of the Court.

(11) No recovery under sub-section (10)

shall be enforced, except on an application

made to the principal civil court by an

officer of the Reserve Bank authorised in

this behalf certifying that the person in

default has failed to pay the recoverable

sum.”.

22. Amendment of section 31.— In the

principal Act, in section 31, clause (e) shall

be omitted.

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23. Amendment of section 31A.— In the

principal Act, in section 31A, for sub-section

(2), the following sub-sections shall be

substituted, namely:—

“(2) A copy of every notification proposed

to be issued under sub-section (1), shall

be laid in draft before each House of

Parliament, while it is in session, for a total

period of thirty days, and if, both Houses

agree in disapproving the issue of

notification or both Houses agree in making

any modification in the notification, the

notification shall not be issued or, as the

case may be, shall be issued only in such

modified form as may be agreed upon by

both the Houses.

(3) In reckoning any such period of thirty

days as is referred to in sub-section (2), no

account shall be taken of any period during

which the House referred to in sub-section

(2) is prorogued or adjourned for more than

four consecutive days.

(4) The copies of every notification issued

under this section shall, as soon as may be

after it has been issued, be laid before each

House of Parliament.”.

24. Amendment of section 32.— In the

principal Act, in section 32, for the words “any

secured creditor or any of his officers or

manager exercising any of the rights of the

secured creditor or borrower”, the words “the

Reserve Bank or the Central Registry or any

secured creditor or any of its officers” shall be

substituted.

25. Amendment of section 38.— In the

principal Act, in section 38, in sub-section

(2),—

(i) clause (a) shall be numbered as clause

(aa) and before clause (aa) as so renumbered,

the following clause shall be inserted,

namely:—

“(a) other business or commercial

rights of similar nature under clause (t)

of section 2;”;

(ii) after clause (bc), the following clauses

shall be inserted, namely:—

“(bca) the manner of integration of

records of various registration systems

with the records of Central Registry

under sub-section (1) of section 20A;

(bcb) the terms and conditions of

delegation of powers by the Central

Government to the Reserve Bank under

section 20B.“;

(iii) after clause (d), the following clauses

shall be inserted, namely:—

“(da) the form for registration of

different types of security interests and

fee thereof under sub-section (3) of

section 23;”;

(iv) after clause (f), the following clauses

shall be inserted, namely:—

“(fa) the form and the manner for filing

particulars of transactions under sub-

-section (2) of section 26B;

(fb) the form and manner of filing

attachment orders with the Central

Registry and the date under sub-section

(4) of section 26B;

(fc) the form and manner of filing

particulars of attachment order with the

Central Registry and the fee under sub-

-section (5) of section 26B.”.

CHAPTER III

Amendments to the Recovery of Debts Due to

Banks and Financial Institutions Act, 1993

26. Amendment of section 2.— In

the Recovery of Debts Due to Banks

and Financial Institutions Act, 1993

(hereinafter in this Chapter referred

to as the principal Act), in section

2,—

(i) in clause (g), after the words “the date

of the application”, the following words

shall be inserted, namely:—

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“and includes any liability towards

debt securities which remains unpaid in

full or part after notice of ninety days

served upon the borrower by the

debenture trustee or any other authority

in whose favour security interest is

created for the benefit of holders of debt

securities or;”;

(ii) after clause (g), the following clause

shall be inserted, namely:—

‘(ga) “debt securities” means

debt securities listed in

accordance with regulations

made

the

Securities

Exchange Board of India under

the Securities and Exchange

Board of India Act, 1992;’;

(iii) in clause (h), after sub-clause (ia), the

following sub-clause shall be inserted,

namely:—

“(ib) a debenture trustee registered

with the Board and appointed for secured

debt securities;”;

(iv) after clause (h), the following clause

shall be inserted, namely:—

‘(ha) “financial lease” means a lease

under a lease agreement of tangible asset,

other than negotiable instrument or

negotiable document, for transfer of

lessor’s right therein to the lessee for a

certain time in consideration of payment

of agreed amount periodically and where

lessee becomes the owner of the such

assets at the expiry of the term of lease

or on payment of the agreed residual

amount, as the case may be;’;

(v) after clause (ja), the following clause

shall be inserted, namely:—

‘(jb) “property” means—

(a) immovable property;

(b) movable property;

payment of money, whether secured or

unsecured;

(d) receivables, whether existing or

future;

(e) intangible assets, being know-

-how, patent, copyright, trade mark,

licence, franchise or any other business

or commercial right of similar nature,

as may be prescribed by the Central

Government in consultation with

Reserve Bank;’;

(vi) after clause (1), the following clauses

shall be inserted, namely:—

‘(la) “secured creditor” shall

have the meaning as assigned

to it in clause (zd) of sub-

-section (1) of section 2 of the

Securitisation and Reconstruc-

tion of Financial Assets and

Enforcement of Security Interest

Act, 2002;

(lb)

“security

interest”

means

mortgage, charge, hypothecation,

assignment or any other right, title or

interest of any kind whatsoever upon

property, created in favour of any bank

or financial institution and includes—

(a) such right, title or interest upon

tangible asset, retained by the bank or

financial institution as owner of the

property, given on hire or financial

lease or conditional sale which secures

the obligation to pay any unpaid

portion of the purchase price of the

asset or an obligation incurred or any

credit provided to enable the borrower

to acquire the tangible asset; or

(b) such right, title or interest in any

intangible asset or licence of any

intangible asset, which secures the

obligation to pay any unpaid portion

of the purchase price of the intangible

asset or the obligation incurred or any

credit extended to enable the borrower

to acquire the intangible asset or

licence of intangible asset;’.

15 of 1992.

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27. Amendment of section 4.— In the

principal Act, in section 4, for sub-section (2),

the following sub-section shall be substituted,

namely:—

“(2) Notwithstanding anything contained

in sub-section (1), the Central Government

may—

(a) authorise the Presiding Officer of

any other Tribunal established under any

other law for the time being in force to

discharge the function of the Presiding

Officer of a Debt Recovery Tribunal under

this Act in addition to his being the

Presiding Officer of that Tribunal; or

(b) authorise the judicial Member

holding post as such in any other

Tribunal, established under any other

law for the time being in force, to

discharge the functions of the Presiding

Officer of Debts Recovery Tribunal under

this Act, in addition to his being the judicial

Member of that Tribunal.”.

28. Amendment of section 6.— In the

principal Act, for section 6, the following

section shall be substituted, namely:—

“6. Term of office of Presiding Officer.—

The Presiding Officer of a Tribunal shall hold

office for a term of five years from the date

on which he enters upon his office and shall

be eligible for reappointment:

Provided that no person shall hold

office as the Presiding Officer of a Tribunal

after he has attained the age of sixty-five

years.”.

29. Amendment of section 8.— In the

principal Act, in section 8, in sub-section

(1), the following proviso shall be inserted,

namely:—

“Provided that the Central Government

may authorise the Chairperson of any other

Appellate Tribunal, established under any

other law for the time being in force, to

discharge the functions of the Chairperson

of the Debts Recovery Appellate Tribunal

under this Act in addition to his being the

Chairperson of that Appellate Tribunal.”.

30. Amendment of section 11.— In the

Principal Act, for section 11, the following

section shall be substituted, namely:—

“11. Term of office of Chairperson of

Apellate Tribunal.— The Chairperson of an

Appellate Tribunal shall hold office for a

term of five years from the date on which

he enters upon his office and shall be eligible

for reappointment:

Provided that no person shall hold office

as the Chairperson of a Appellate Tribunal

after he has attained the age of seventy

years.”.

31. Amendment of section 17A.— In the

principal Act, in section 17A, after sub-section

(1), the following sub-sections shall be

inserted, namely:—

“(1A) For the purpose of exercise of

general powers of superintendence and

control over Tribunals under sub-section

(1), the Chairperson may—

(i) direct the Tribunals to

furnish, in such form, at such

intervals and within such time,

information relating to pending

cases both under this Act

and the Securitisation and

Reconstruction of Financial

Assets and Enforcement of

Security Interest Act, 2002, or

under any other law for the time

being in force, number of cases

disposed of, number of new

cases filed and such other

information

may

considered necessary by the

Chairperson;

(ii) convene meetings of the Presiding

Officers of Tribunals periodically to review

their performance.

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(1B) Where on assessment of the

performance of any Presiding Officer of the

Tribunal or otherwise, the Chairperson is

of the opinion that an inquiry is required to

be initiated against such Presiding Officer

for misbehaviour or incapacity, he shall

submit a report to the Central Government

recommending action against such

Presiding Officer, if any, under section 15,

and for reasons to be recorded in writing

for the same.”.

32. Amendment of section 19.— In the

principal Act, in section 19,—

(i) in sub-section (1), clause (a) shall be

renumbered as clause (aa) and before

clause (aa) so renumbered, the following

clause shall be inserted, namely:—

“(a) the branch or any other office of

the bank or financial institution is

maintaining an account in which debt

claimed is outstanding, for the time

being; or”;

(ii) for sub-section (3), the following sub-

-section shall be substituted, namely:—

“(3) Every application under sub-

-section (1) or sub-section (2) shall be in

such form, and shall be accompanied

with true copies of all documents relied

on in support of the claim along with

such fee, as may be prescribed.”.

(iii) in sub-section (3), after the second

proviso, the following Explanation shall be

inserted, namely:—

“Explanation.— For the

purposes of this section,

documents includes statement

of account or any entry in

banker’s book duly certified

under the Bankers’ Books

Evidence Act, 1891.”;

(iv) after sub-section (3), sub-section (3A)

shall be renumbered as sub-section (3B)

and before sub-section (3B) so renumbered,

the following sub-section shall be inserted,

namely:—

“(3A)

Every

applicant

the

application filed under sub-section (1) or

sub-section (2) for recovery of debt,

shall—

(a) state particulars of the debt

secured by security interest over

properties or assets belonging to any

of the defendants and the estimated

value of such securities;

(b) if the estimated value of securities

is not sufficient to satisfy the debt

claimed, state particulars of any other

properties or assets owned by any of

the defendants, if any; and

other assets is not sufficient to recover

the debt, seek an order directing the

defendant to disclose to the Tribunal

particulars of other properties or assets

owned by the defendants.”;

(v) for sub-section (4), the following sub-

-section shall be substituted, namely:—

“(4) On receipt of application under

sub-section (1) or sub-section (2), the

Tribunal shall issue summons with

following directions to the defendant—

(i) to show cause within thirty days

of the service of summons as to why

relief prayed for should not be granted;

(ii) direct the defendant to disclose

particulars of properties or assets other

than properties and assets specified by

the applicant under clauses (a) and (b)

of sub-section (3A); and

(iii) to restrain the defendant from

dealing with or disposing of such

assets and properties disclosed under

clause (c) of sub-section (3A) pending

the hearing and disposal of the

application

for

attachment

properties.”;

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(vi) after sub-section (4), the following

sub-section shall be inserted namely:—

“(4A) Notwithstanding any-

thing contained in section 65A

of the Transfer of Property Act,

1882, the defendant, on service

of summons, shall not transfer

by way of sale, lease or

otherwise

except

the

ordinary course of his business

any of the assets over which

security interest is created and

other properties and assets

specified or disclosed under

sub-section (3A), without the

prior approval of the Tribunal:

Provided that the Tribunal shall not

grant such approval without giving

notice to the applicant bank or financial

institution to show cause as to why

approval prayed for should not be

granted:

Provided further that defendant shall

be liable to account for the sale proceeds

realised by sale of secured assets in the

ordinary course of business and deposit

such sale proceeds in the account

maintained with the bank or financial

institution holding security interest over

such assets.”;

(vii) for sub-section (5), the following sub-

-section shall be substituted, namely:—

“(5) (i) the defendant shall within a

period of thirty days from the date of

service of summons, present a written

statement of his defence including claim

for set-off under sub-section (6) or a

counter-claim under sub-section (8), if

any, and such written statement shall be

accompanied with original documents or

true copies thereof with the leave of the

Tribunal, relied on by the defendant in his

defence:

Provided that where the defendant fails

to file the written statement within the

said period of thirty days, the Presiding

Officer may, in exceptional cases and in

special circumstances to be recorded in

writing, extend the said period by such

further period not exceeding fifteen days

to file the written statement of his

defence;

(ii) where the defendant makes a

disclosure of any property or asset

pursuant to orders passed by the

Tribunal, the provisions of sub-section

(4A) of this section shall apply to such

property or asset;

(iii) in case of non-compliance of

any order made under clause (ii) of

sub-section (4), the Presiding Officer

may, by an order, direct that the person

or officer who is in default, be detained

in civil prison for a term not exceeding

three months unless in the meantime

the Presiding Officer directs his

release:

Provided that the Presiding Officer

shall not pass an order under this clause

without giving an opportunity of being

heard to such person or officer.

Explanation.— For the purpose of this

section, the expression ‘officer who is in

default’ shall mean such officer as defined

in clause (60) of section 2 of the Companies

Act, 2013.”;

(viii) for sub-section (5A), the following

sub-section shall be substituted namely:—

“(5A) On receipt of the written

statement of defendant or on expiry of

time granted by the Tribunal to file the

written statement, the Tribunal shall fix

a date of hearing for admission or denial

of documents produced by the parties to

the proceedings and also for continuation

or vacation of the interim order passed

under sub-section (4).

(5B) Where a defendant makes an

admission of the full or part of the amount

4 of 1882.

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of debt due to a bank or financial

institution, the Tribunal shall order such

defendant to pay the amount, to the

extent of the admission within a period

of thirty days from the date of order

failing which the Tribunal may issue a

certificate in accordance with the

provisions of sub-section (22) to the

extent of the amount of debt due admitted

by the defendant.”;

(ix) in sub-section (6), after the words

“the debt sought to be set-off”, the words

“the debt sought to be set-off along with

original documents and other evidence

relied on in support of claim of set-off in

relation to any ascertained sum of money,

against the applicant” shall be substituted;

(x) in sub-section (10), for the words “as

may be fixed by the Tribunal”, the words

“as may be prescribed” shall be substituted;

(xi) after sub-section (10), the following

sub-sections shall be inserted, namely:—

“(10A) Every application under sub-

-section (3) or written statement of

defendant under sub-section (5) or claim

of set-off under sub-section (6) or a

counter-claim under sub-section (8) by

the defendant, or written statement by

the applicant in reply to the counter-

-claim, under sub-section (10) or any

other pleading whatsoever, shall be

supported by an affidavit sworn in by

the applicant or defendant verifying all

the facts and pleadings, the statements

pleading

documents

and

other

documentary evidence annexed to the

application or written statement or reply

to set-off or counter-claim, as the case

may be:

Provided that if there is any evidence

of witnesses to be led by any party, the

affidavits of such witnesses shall be filed

simultaneously by the party with the

application or written statement or

replies filed under sub-section (10A).

(10B) If any of the facts or pleadings

in the application or written statement

are not verified in the manner provided

under sub-section (10A), a party to the

proceedings shall not be allowed to rely

on such facts or pleadings as evidence

or any of the matters set out therein.”;

(xii) for sub-section (11), the following

sub-section shall be substituted, namely:—

“(11) Where a defendant sets up a

counter-claim in the written statement

and in reply to such claim the applicant

contends that the claim thereby raised

ought not to be disposed of by way of

counter-claim but in an independent

action, the Tribunal shall decide such

issue along with the claim of the applicant

for recovery of the debt.”;

(xiii) sub-section (12) shall be omitted.

(xiv) in sub-section (13) (A), for the words

“the Tribunal is satisfied by affidavit or

otherwise”, the words “the Tribunal on an

application made by the applicant along

with particulars of property to be attached

and estimated value thereof, or otherwise

is satisfied” shall be substituted.”;

(xv) sub-section (14) shall be omitted

(xvi) in sub-section (15), for the word

bracket and figure “sub-section (14)”, the

word bracket and figure “sub-section (13)”

shall be substituted.

(xvii) for sub-section (19), the following

sub-section shall be substituted namely:—

“(19) Where a certificate of

recovery is issued against a

company as defined under the

Companies Act, 2013 and such

company is under liquidation,

the Tribunal may by an order

direct that the sale proceeds

of secured assets of such

company be distributed in the

18 of 2013.

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same manner as provided in

section 326 of the Companies

Act, 2013 or under any other

law for the time being in force.”;

(xviii) for sub-section (20), the following

sub-section shall be substituted, namely:—

“(20) The Tribunal may, after giving

the applicant and the defendant, an

opportunity of being heard, in respect of

all claims, set-off or counter-claim, if any,

and interest on such claims, within thirty

days from the date of conclusion of the

hearings, pass interim or final order as it

deems fit which may include order for

payment of interest from the date on

which payment of the amount is found

due up to the date of realisation or actual

payment.”;

(xix) after sub-section (20A), the

following sub-sections shall be inserted,

namely:—

“(20AA) While passing the final order

under sub-section (20), the Tribunal shall

clearly specify the assets of the borrower

over which security interest is created in

favour of any bank or financial institution

and direct the Recovery Officers to

distribute the sale proceeds of such assets

as provided in sub-section (20AB).

(20AB) Notwithstanding anything to

the contrary contained in any law for the

time being in force, the proceeds from sale

of secured assets shall be distributed in

the following orders of priority, namely:—

(i) the costs incurred for preser-

vation and protection of secured

assets, the costs of valuation, public

notice for possession and auction and

other expenses for sale of assets shall

be paid in full;

(ii) debts owed to the bank or

financial institution.

Explanation.— For the purposes

of this sub section, it is hereby

clarified that on or after the

commencement of the Insolvency

and Bankruptcy Code, 2016, in

cases where insolvency and

bankruptcy proceedings are

pending in respect of secured

assets of the borrower, the

distribution of proceeds from sale

of secured assets shall be subject

to the order of priority as provided

in that Code.”.

(xx) for sub-section (21), the following

sub-section shall be substituted, namely:—

“(21) (i) The Tribunal shall send a copy

of its final order and the recovery

certificate, to the applicant and

defendant.

(ii) The applicant and the defendant

may obtain copy of any order passed by

the Tribunal on payment on such fee as

may be prescribed.”;

(xxi) for sub-section (22), the following

sub-section shall be substituted, namely:—

“(22) The Presiding Officer shall issue

a certificate of recovery along with the

final order, under sub-section (20), for

payment of debt with interest under his

signature to the Recovery Officer for

recovery of the amount of debt specified

in the certificate.”;

(xxii) after sub-section (22), the following

sub-section shall be inserted, namely:—

“(22A)

Any

recovery

certificate issued by the

Presiding Officer under sub-

-section (22) shall be deemed to

be decree or order of the Court

for the purposes of initiation

of winding up proceedings

against a company registered

under the Companies Act, 2013

or Limited Liability Partnership

registered under the Limited

Liability Partnership Act, 2008

or insolvency proceedings

31 of 2016.

18 of 2013.

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against any individual or

partnership firm under any law

for the time being in force, as the

case may be.”;

(xxiii) in sub-section (24), for the words

“endeavour shall be made by it”, the

following words “every effort shall be made

by it to complete the proceedings in two

hearings, and” shall be substituted.

33. Insertion of new section 19A.— After

section 19 of the principal Act, the following

sections shall be inserted, namely:—

“19A. (I) Filing of recovery

applications, documents and

written statements in electronic

form.— (1) Notwithstanding

anything to the contrary contained

in this Act, and without prejudice

to the provisions contained in

section 6 of the Information

Technology Act, 2000, the Central

Government may by rules provide

that from such date and before

such Tribunal and Appellate

Tribunal, as may be notified,—

(a) application or written statement or

any other pleadings and the documents

to be annexed thereto required to be filed

shall be submitted in the electronic form

and authenticated with digital signature

of the applicant, defendant or any other

petitioner in such form and manner as

may be prescribed;

(b)

any

summons,

notice

communication or intimation as may be

required to be served or delivered under

this Act, may be served or delivered by

transmission of pleadings and documents

by electronic form and authenticated in

such manner as may be prescribed.

(2) Any interim or final order passed by

the Tribunal or Appellate Tribunal displayed

on the website of such Tribunal or Appellate

Tribunal shall be deemed to be a public

notice of such order and transmission of

such order by electronic mail to the

registered address of the parties to the

proceeding shall be deemed to be served

on such party.

(3) The Central Government may by rules

provide that the electronic form for the

purpose specified in this section shall be

exclusive, or in the alternative or in addition

to the physical form, therefor.

(4) The Tribunal or the Appellate Tribunal

notified under sub-section (1), for the

purpose of adopting electronic filing, shall

maintain its own website or common

website with other Tribunals and Appellate

Tribunal or such other universally

accessible repositories of electronic

information and ensure that all orders or

directions issued by the Tribunal or

Appellate Tribunal are displayed on the

website of the Tribunal or Appellate

Tribunal, in such manner as may be

prescribed.

Explanation.— For the purpose of this

section,—

(a) ‘digital signature’ means

the digital signature as defined

under clause (p) of section 2 of

the Information Technology Act,

2000;

(b) ‘electronic form’ with

reference to an information or a

document means the electronic

form as defined under clause (r)

of section 2 of the Information

Technology Act, 2000.”.

34. Amendment of section 20.— In the

principal Act, in section 20 in sub-section (3),

for the words “forty-five days”, at both the

places where they occur, the words “thirty

days” shall be substituted.

21 of 2000.

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35. Amendment of section 21.— In the

principal Act, in section 21,—

(i) for the words “seventy-five per cent.”,

the words “fifty per cent.” shall be

substituted;

(ii) in the proviso, for the words “waive

or reduce the amount”, the words “reduce

the amount to be deposited by such amount

which shall not be less than twenty-five per

cent. of the amount of such debt so due”

shall be substituted.

36. Amendment of section 22.— In the

principal Act, in section 22, after sub-section

(3), the following sub-section shall be

inserted, namely:—

“(4) For the purpose of proof of

any entry in the ‘bankers books’,

the provisions of the Bankers’

Books Evidence Act, 1891 shall

apply to all the proceedings

before the Tribunal or Appellate

Tribunal.”.

37. Insertion of new section 22A.— In the

principal Act, after section 22, the following

section shall be inserted, namely:—

“22A. Uniform procedure for conduct of

proceedings.— The Central Government

may, for the purpose of this Act, by rules,

lay down uniform procedure consistent with

the provisions of this Act for conducting

the proceedings before the Tribunals and

Appellate Tribunals.”.

38. Amendment of section 25.— In the

principal Act, in section 25,—

(i) after clause (a), the following clause

shall be inserted, namely:—

“(aa) taking possession of property

over which security interest is created or

any other property of the defendant and

appointing receiver for such property and

to sell the same;”.

(ii) after clause (c), the following clause

shall be inserted, namely:—

“(d) any other mode of recovery as may

be prescribed by the Central Government.”.

39. Amendment of section 27.— In the

principal Act, in section 27, for sub-section (1),

the following sub-section shall be substituted,

namely:—

“(1) Notwithstanding that a certificate

has been issued to the Recovery Officer for

the recovery of any amount, the Presiding

Officer, may by an order, grant time for

payment of the amount, provided the

defendant makes a down payment of not

less than twenty-five per cent of the amount

specified in the recovery certificate and

gives an unconditional undertaking to pay

the balance within a reasonable time,

which is acceptable to the applicant bank

or financial institution holding recovery

certificate.

(1A) The Recovery Officer shall, after

receipt of the order passed under sub-

-section (1), stay the proceedings until the

expiry of the time so granted.

(1B) Where defendant agrees to pay the

amount specified in the Recovery Certificate

and proceeding are stayed by the Recovery

Officer, the defendant shall forfeit right to

file appeal against the orders of the Tribunal.

(1C) Where the defendant commits any

default in payment of the amount under

sub-section (1), the stay of recovery

proceedings shall stand withdrawn and

the Recovery Officer shall take steps for

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recovery of remaining amount of debt due

and payable.”.

40. Insertion of new section 30A.— In the

principal Act, after section 30, the following

section shall be inserted, namely:—

“30A. Deposit of amount of debt due for

filing appeal against orders of the Recovery

Officer.— Where an appeal is preferred

against any order of the Recovery Officer,

under section 30, by any person from whom

the amount of debt is due to a bank or

financial institution or consortium of banks

or financial institutions, such appeal shall

not be entertained by the Tribunal unless

such person has deposited with the Tribunal

fifty per cent. of the amount of debt due as

determined by the Tribunal.”.

41. Insertion of new section 31B.— In the

principal Act, after section 31A, the following

section shall be inserted, namely:—

“31B. Priority to secured creditors.—

Notwithstanding anything contained in

any other law for the time being in force,

the rights of secured creditors to realise

secured debts due and payable to them by

sale of assets over which security interest

is created, shall have priority and shall be

paid in priority over all other debts and

Government dues including revenues,

taxes, cesses and rates due to the Central

Government, State Government or local

authority.

Explanation.—

For

the

purposes of this section, it is

hereby clarified that on or after

the

commencement

the

Insolvency and Bankruptcy Code,

2016, in cases where insolvency

or bankruptcy proceedings are

pending in respect of secured

assets of the borrower, priority to

secured creditors in payment of

debt shall be subject to the

provisions of that Code.”.

42. Amendment of section 36.— In the

principal Act, in section 36, in sub-

-section (2),—

(i) clause (a) shall be numbered as

clause (aa) and before clause (aa) as so

renumbered, the following clause shall be

inserted, namely:—

“(a) other business or commercial

rights of similar nature under clause (jb)

of section 2;”;

(ii) after clause (c), the following clause

shall be inserted, namely:—

“(ca) the form of application and the fee

for filing application under sub-section (3)

of section 19;”;

(iii) in clause (cc), for the brackets, figure

and letter “(3A)”, the brackets, figure and

letter “(3B)” shall be substituted;

(iv) after clause (cc), the following clauses

shall be inserted, namely:—

“(cca) the period for filing written

statement under sub-section (10) of

section 19;

(ccb) the fee for obtaining copy of the

order of the Tribunal under sub-section

(21) of section 19;

(ccc) the form and manner of

authenticating digital signature under

clause

(a),

and

the

manner

authenticating service or delivery of

pleadings and documents under clause

(b), of sub-section (1) of section 19A;

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(ccd) the form and manner of filing

application and other documents in the

electronic form under sub-section (1) and

manner of display of orders of the Tribunal

and Appellate Tribunal under sub-section

(4) of section 19A;”;

(v) after clause (d), the following clauses

shall be inserted, namely:—

“(da) the rules of uniform procedure for

conducting the proceedings before the

Tribunals and Appellate Tribunals under

section 22A;

(db) the other mode of recovery under

clause (d) of section 25;”.

43. Amendment of Act 2 of 1899.— The

Indian Stamp Act, 1899 shall be amended

in the manner specified in the First

Schedule.

44. Amendment of Act 22 of 1996.— The

Depositories Act, 1996 shall be amended

in the manner specified in the Second

Schedule.

_____

THE FIRST SCHEDULE

(See section 43)

Amendment to the Indian Stamp Act, 1899

(2 of 1899)

After section 8E, the following section shall be

inserted, namely:—

“8F. Agreement or document for

transfer or assignment of rights or

interest in financial assets not liable

to stamp duty.— Notwithstanding

anything contained in this Act or any

other law for the time being in force,

any agreement or other document for

transfer or assignment of rights or

interest in financial assets of banks or

financial institutions under section 5

of the Securitisation and Recons-

-truction of Financial Assets and

Enforcement of Security Interest

Act, 2002, in favour of any asset

reconstruction company, as defined

in clause (ba) of sub-section (1) of

section 2 of that Act, shall not be

liable to duty under this Act.”.

_____

THE SECOND SCHEDULE

(See section 44)

Amendment to the Depositories Act, 1996

(22 of 1996)

In section 7, after sub-section (1), the following

sub-sections shall be inserted, namely:—

“(1A) Every depository on receipt of

intimation from a participant register

any transfer of security in favour of an

asset reconstruction company as

defined in clause (ba) of sub-section (1)

of section 2 of the Securitisation and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act,

2002 along with or consequent upon

transfer or assignment of financial

asset of any bank or financial

institution under sub-section (1) of

section 5 of that Act.

(1B) Every depository, on receipt of intimation

from a participant, register any issue of new shares

in favour of any bank or financial institution or

asset reconstruction company or any other

assignee of such bank or financial institution or

asset reconstruction company, as the case may

be, by conversion of part of their debt into shares

pursuant to reconstruction of debts of the

company agreed between the company and

the bank or financial institution or asset

reconstruction company.

Explanation.— For the purpose of

this section, the expressions “asset

reconstruction company”, “bank”, and

“financial institution” shall have

the meanings assigned to them

respectively under clauses (ba), (c) and

(m) of sub-section (1) of section 2 of

the Securitisation and Reconstruction

of Financial Assets and Enforcement

of Security Interest Act, 2002.”.

54 of 2002.

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Department of Personnel

___

Notification

1/5/2016-PER/712

In exercise of the powers conferred by

clause (f) of sub-rule (xxi) of Rule 34 of the Rules

and Regulations of the Goa Institute of Public

Administration and Rural Development and

in supersession of Goa Institute of Rural

Development and Administration Recruitment

Rules, 2005, published vide Notification

No. 1/GIRDA/Adm/2005-06 dated 13-10-2005,

in the Official Gazette, Series I No. 30 dated

27-10-2005 and vide Notification No. RRs/

/GIRDA/2009-10 dated 04-06-2009, in the

Official Gazette, Series I No. 12 dated

18-06-2009, the Executive Committee of the

Goa Institute of Public Administration and

Rural Development (hereinafter referred to as

“the committee”) hereby makes the following

rules to regulate the recruitment to the Group

‘A’ and Group ‘C’ posts, in the Goa Institute of

Public Administration and Rural Development,

namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the Goa

Institute of Public Administration and Rural

Development, Group ‘A’ and Group ‘C’ posts,

Recruitment Rules, 2017.

(2) They shall apply to the posts specified

in column (2) of the Schedule to these rules

(hereinafter called as the “said Schedule”).

(3) They shall come into force from the date

of their publication in the Official Gazette.

2. Number, classification and scale of pay.—

The number of posts, classification of the said

posts and the scale of pay attached thereto

shall be as specified in columns (3) to (5) of

the said Schedule:

Provided that the Committee may vary

the number of posts as specified in column (3)

of the said Schedule from time to time subject

to exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said posts, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (6)

to (13) of the said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Committee may, if satisfied

that such marriage is permissible under the

personal law applicable to such person and

the other party to the marriage and that there

are other grounds for so doing, exempt any

person from the operation of this rule.

5. Power to relax.— Where the Committee

is of the opinion that it is necessary or

expedient so to do, it may, by order, for reasons

to be recorded in writing, relax any of the

provisions of these rules with respect to any

class or category of persons.

6. Saving.— Nothing in these rules shall

affect reservations, relaxation of age limit and

other concessions required to be provided

for Scheduled Castes and other special

categories of persons in accordance with

the orders issued by the Government from

time to time in that regard.

For and on behalf of the Executive

Committee.

Sd/- Director General (GIPARD, Ela, Old

Goa).

Porvorim, 17th January, 2017.

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SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13

No.

Name/

/Desig-

nation

of the

posts

Whether

selec-

tion

post or

non-

-selec-

tion

post

Age limit

for direct

recruits

Period

proba-

tion, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Scale

pay

(2017).

N. A.

Group

‘A’.

Rs.

15,600-

-39,100

Grade

Pay

Rs.

5,400.

Selec-

tion.

N. A.

Two

years.

By promotion,

failing which,

by transfer on

deputation.

Assis-

tant

Director.

Promotion: Core Faculty

with minimum five years

regular service in the

grade of respective field.

Transfer on deputation:

Official holding analo-

gous post in Government

Department

(The period of deputation

shall ordinarily not

exceed three years).

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

N.A.

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

Group

‘A’.

Rs.

15,600-

-39,100

Grade

Pay

Rs.

5,400.

N. A.

Two

years.

By direct

recruitment.

Core

faculty in

Public

Adminis-

tration.

N. A.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Essential:

(1) Masters degree in

Political Science from a

recognized university.

(2) Minimum two years

experience in the field of

training of officials and

village level workers.

(3) Certificate course in

training methods in

If a

D.P.C./

/D.S.C.

exists,

what is its

compo-

sition

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2063

1 2 3 4 5 6 7 8 9 10 11 12 13

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘A’.

Rs.

15,600-

-39,100

Grade

Pay

Rs.

5,400.

N. A.

Two

years.

By direct

recruitment.

Core

Faculty in

Decentra-

lized

Planning,

Monito-

ring and

Evalua-

tion.

N. A.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Essential:

(1) Masters degree in

Economics from a

recognized university.

(2) Minimum two years

experience in the field of

training of officials and

village level workers.

(3) Certificate course in

training methods in

Direct Trainer Skills or

Design of Training

Programme by Depart-

ment of Personnel and

Training.

(4) 3 months certificate

course in computers.

(5)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Secretary,

Personnel-

-Member.

Direct Trainer Skills or

Design of Training

Programme by Depart-

ment of Personnel and

Training.

(4) 3 months certificate

course in computers.

(5)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2064

1 2 3 4 5 6 7 8 9 10 11 12 13

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘A’.

Rs.

15,600-

-39,100

Grade

Pay

Rs.

5,400

N. A.

Two

years.

By direct

recruitment.

Core

Faculty in

Rural

Develop-

ment.

N. A.

Essential:

(1) Masters degree in

Social Work (MSW)

from a recognized uni-

versity.

(2) Minimum two years

experience in the field of

training of officials and

village level workers.

(3) Certificate course in

training methods in

Direct Trainer Skills or

Design of Training

Programme of Depart-

ment of Personnel and

Training.

(4) 3 months certificate

course in computers.

(5)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

Group

‘A’.

Rs.

15,600-

-39,100

Grade

Pay

Rs.

5,400

N. A.

Two

years.

By direct

recruitment.

Core

Faculty in

Women’s

Develop-

ment.

N. A.

Essential:

(1) Masters degree in

Sociology from a recog-

nized university.

(2) Minimum two years

experience in the field of

training of officials and

village level workers.

(3) Certificate course in

training methods in

Direct Trainer Skills or

Design of Training

Programme by Depart-

ment of Personnel and

Training.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2065

1 2 3 4 5 6 7 8 9 10 11 12 13

employees

of GIPARD

upto five

years).

(4) 3 months certificate

course in computers.

(5)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘C’.

Rs.

9,300-

34,800

Grade

Pay

Rs.

4,200.

Selec-

tion

No.

Two

years.

Promotion:

UDC cum

Accounts

clerk failing

which by

Transfer on

deputation,

failing both,

by direct

recruitment.

Accoun-

tant.

Promotion: Upper Divi-

sion Clerk/Accounts

Clerk, with five years

regular service in the

grade.

Transfer on deputation:

Official holding an

analogous post from

common cadre of Direc-

torate of Accounts.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Essential:

(1) Bachelor in Com-

merce from a recognized

university.

(2) Three years experi-

ence in accounts work

(Commercial system)

up to finalization.

(3) 3 months certificate

course in computers.

(4)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

Group

‘C’.

Rs.

5,200-

20,200

Grade

Pay

Rs.

2,400.

Selec-

tion

No.

Two

years.

By promotion,

failing which,

by transfer on

deputation,

failing both,

by direct

recruitment.

Upper

Division

Clerk cum

Accounts

Clerk.

Promotion: Lower Divi-

sion Clerk with three

years regular service in

the Grade.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Essential:

(1) Bachelor in Com-

merce or equivalent

degree from a recog-

nized university.

(2) Experience in writ-

ing Cash Book, Ledger

and maintaining other

related registers.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2066

1 2

3 4 5 6 7 8 9 10 11 12 13

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees

of GIPARD

upto five

years).

Secretary/

/Additional

Secretary,

Personnel-

-Member.

(3) 3 months certificate

course in computers.

(4)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘C’.

Rs.

5,200-

20,200

Grade

Pay

Rs.

2,400.

N. A.

N.A.

Two

years.

By direct

recruitment,

failing which,

by transfer on

deputation.

Junior

Stenogra-

pher.

Transfer on deputation:

Official holding analo-

gous post from Govern-

ment Department.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Essential:

(1) Higher Secondary

School Certificate from

a recognised Board or

All India Council for

Technical Education’s

approved

Diploma

awarded by a recog-

nized State Board of

Technical Education or

equivalent qualification

from a recognised Insti-

tution.

(2) Speed of 100 w.p.m.

in shorthand and speed

of 35 w.p.m. in type-

writing.

(3) 3 months certificate

course in computers.

(4)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2067

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘C’.

Rs.

5,200-

20,200

Grade

Pay

Rs.

1,900.

N. A.

No.

Two

years.

12½ % by

promotion

from Group

‘C’ employees,

failing which,

by direct

recruitment

and 87½ % by

direct

recruitment.

Lower

Division

Clerk.

Promotion: Multi Task-

ing Staff employees with

three years regular

service in the grade,

possessing Secondary

School Certificate or

equivalent

from

recognised Board/Insti-

tution and speed of 30

w.p.m. in typewriting in

English.

Transfer on deputation:

Persons holding analo-

gous post from Govern-

ment Department.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Essential:

(1) Higher Secondary

School Certificate from

a recognised Board or

All India Council for

Technical Education’s

approved

Diploma

awarded by a recog-

nized State Board of

Technical Education or

equivalent qualification

from a recognised Insti-

tution.

(2) 3 months certificate

course in computers.

(3)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

1 2

3 4 5 6 7 8 9 10 11 12 13

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘C’.

Rs.

5,200-

-20,200

Grade

pay

Rs.

2,400.

N. A.

Two

years.

By direct

recruitment,

failing which,

by Transfer

deputation.

Library

Assistant.

Transfer on deputation:

Persons holding analo-

gous post from Govern-

ment Department.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Essential:

(1) Graduate or equiva-

lent degree from a

recognized university.

(2) Bachelor in Library

Science.

(3) One year experience

in the grade.

(4)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

10.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2068

(2017).

Not exceed-

ing 45 years

(Relaxable

for Govern-

ment

Servants

upto five

years in

accordance

with

instructions

or orders

issued by

the Govern-

ment and

relaxable for

employees of

GIPARD

upto five

years).

Group

‘C’.

PB-1

Rs.

5,200-

-20,200

Grade

pay

Rs.

1,800.

N. A.

Two

years.

by direct

recruitment

failing which,

by, Transfer

deputation.

Multi

Tasking

Staff.

Transfer on deputation:

Persons holding analo-

gous post from Govern-

ment Department.

Director-

-General

GIPARD-

-Chairman,

Joint

Secretary,

Rural

Development-

-Member,

Joint

Secretary/

/Additional

Secretary,

Personnel-

-Member.

Essential:

(1) Passed Secondary

School

Certificate

Examination from a

recognized Board/Insti-

tution.

Passed Course con-

ducted by Industrial

Training Institute or

equivalent qualifica-

tion, in relevant trade,

from a recognized Insti-

tution.

Note: Course con-

ducted by Industrial

Training Institute or

equivalent qualifica-

tion, in relevant trade,

may be considered in

case posts relates to

technical work.

(2)

Knowledge

Konkani.

Desirable:

(i)

Knowledge

Marathi.

(ii) Multi-tasking skills

such as knowledge of

operating office ma-

chines including com-

puters.

11.

1 2

3 4 5 6 7 8 9 10 11 12 13

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2069

Notification

1/3/2015-PER/760

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the Government

Notification No. 1/6/74-PER (Vol. IV) dated

22-01-2001, published in the Official Gazette,

Series I No. 44 dated 01-02-2001, the Governor

of Goa hereby makes the following rules to

regulate the recruitment to the Goa General

Service, Group ‘B’, Gazetted, Non-Ministerial

post, in the Department of Handicrafts, Textile

& Coir, Government of Goa, namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the

Government

Goa,

Department

Handicrafts, Textile & Coir, Group ‘B’,

Gazetted, Non-Ministerial post, Recruitment

Rules, 2017.

(2) They shall apply to the post specified

in column (1) of the Schedule to these rules

(hereinafter called as the “said Schedule”).

(3) They shall come into force from the date

of their publication in the Official Gazette.

2. Number, classification and scale of pay.—

The number of posts, classification of the said

post and the scale of pay attached thereto shall

be as specified in columns (2) to (4) of

the said Schedule:

Provided that the Government may vary

the number of posts specified in column (2) of

the said Schedule from time to time subject

to exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said post, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (5)

to (13) of the said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage and

that there are other grounds for so doing,

exempt any person from the operation of this

rule.

5. Power to relax.— Where the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for reasons

to be recorded in writing and in consultation

with the Goa Public Service Commission, relax

any of the provisions of these rules with respect

to any class or category of persons.

6. Saving.— Nothing in these rules shall

affect reservations, relaxation of age limit and

other concessions required to be provided

for Scheduled Castes and other special

categories of persons in accordance with

the orders issued by the Government from

time to time in that regard.

These rules are issued in consultation with

he Goa Public Service Commission conveyed

vide their letter No. COM/II/13/73 (1)/16/1506

dated 15-12-2016.

By order and in the name of the Governor

of Goa

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 20th March, 2017.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2070

SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13

Name/

/Desig-

nation

post

Whether

selec-

tion

post or

non-

-selec-

tion

post

Age limit

for direct

recruits

Period

proba-

tion, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of

recruitment by

promotion/

/deputation/

/transfer,

grades

from which

promotion/

/deputation/

/transfer is

to be made

Educational

and other qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Level

in the

Pay

Matrix

If a

D.P.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

(2017)

(Subject

variation

depen-

dent on

workload).

Selection.

Goa

General

Service,

Group

‘B’,

Gazet-

ted,

Non-

-Ministe

rial.

L-6.

Not

exceeding

45 years

(Relaxable

for Govern-

ment

servants

upto five

years in

accordance

with the

instructions

or orders

issued by

the Govern-

ment from

time to

time).

Age: No.

Educa-

tional

qualifi-

cation:

N. A.

Two

years.

By promotion,

failing which,

by direct

recruitment.

Technical

Officer.

Promotion:

Technical

Assitant

(Handloom)

with minimum

fiver years

regular service

in the grade.

Group

‘B’ D.P.C. con-

sisting of:—

(1) Chairman/

/Member, Goa

Public Service

Commission—

Chairman.

(2) Chief Secre-

tary or his nomi-

nee—Member.

(3) Administra-

tive Secretary/

/Head of Depart-

ment—Member.

(for confirmation

and promotion).

Consulta-

tion with

the Goa

Public

Service

Commis-

sion is

necessary

for making

direct

recruit-

ment,

promotion,

confirma-

tion, and

for

amending/

/relaxing

any of the

provisions

of these

rules.

Essential:

(1) Degree in Handloom

Technology/Handloom

and Textile Technology,

from

recognised

University/Institution or

equivalent.

Failing which

(1) Three years Diploma

in Handloom Technology/

/Handloom and Textile

Technology

from

recognized University/

/Institution or equivalent.

(2) Five years experience

in the field of Textile

Designing/Weaving/

/Processing after obtain-

ing the Degree or Diploma.

(3)

Knowledge

Konkani.

Desirable:

Knowledge of Marathi.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

23RD MARCH, 2017

2071

Government Printing Press

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