Panaji, 1st March, 2018 (Phalguna 10, 1939)

SERIES II No. 48

PUBLISHED BY AUTHORITY

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

2213

RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2018-20

GOVERNMENT OF GOA

Department of Civil Supplies and

Consumer Affairs

Addendum

No. DCS/6-705/FPS Automation/2017-18/420

Read: Order No. DCS/6-705/FPS Automation/

/2017-18/ dated 19th February, 2018.

In the above referred order under Financial Bid

Committee” serial No. (II) Under Secretary (Finance)

may be read as Under Secretary (Finance)

Expenditure.

The other contents of the order remains

unchanged.

By order and in the name of the Governor of

Goa.

Mahesh V. Corjuenkar, Director & ex officio Joint

Secretary (Civil Supplies & Consumer Affairs).

Panaji, 21st February, 2018.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

& ex officio Addl. Secretary

Order

No. 50/3/(45)/Elec/BOD/PECH/RCS/SZ/14/4614

Read: 1) Letter No. 18-420-2006/ARSZ/HSG/1413

dated 26-09-2017 received from the Asstt.

Registrar of Co-op. Societies, South Zone,

Margao-Goa, to fill one vacant post of

Directors, against ST/SC Category of The

Phoenix Estate Co-op. Housing Society

Ltd., Margao-Goa.

The Government of Goa is pleased to exempt

the Phoenix Estate Co-op. Housing Society Ltd.,

Margao-Goa, from the provisions of Section 59(4)

and 60(3)(b) of the Goa Co-op. Societies Act, 2001

for the term i.e. 2014 to 2019 by invoking the powers

under Section 126A of the Goa Co-op. Societies

Act, 2001.

By order and in the name of the Governor of

Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-op. Societies).

Panaji, 22nd February, 2018.

_______

Order

No. 50/3/(72)/Elec/BOD/NCH/RCS/NZ/14/4645

Read: 1) Letter No. 1/119/Elec/BOD/NCH/NZ/2014/

/1242 dated 10-11-2017 from the Asstt.

Registrar of Co-op. Societies, North Zone,

Mapusa-Goa to fill seven vacant posts of

Directors of the Navodaya Co-op. Housing

Society Ltd., Porvorim-Goa.

The Government of Goa is pleased to exempt

the Navodaya Co-op. Housing Society Ltd.,

Porvorim-Goa from the provisions of Section 59(4)

and Section 60(3) (b) of the Goa Co-op. Societies

Act, 2001 for the term i.e. 2014 to 2019 by invoking

the powers under Section 126A of the Goa Co-op.

Societies Act, 2001.

By order and in the name of the Governor

of Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-op. Societies).

Panaji, 26th February, 2018.

Note:-

There is one Extraordinary issue to the Official

Gazette, Series II No. 47 dated 22-02-2018 namely,

Extraordinary dated 23-02-2018 from pages

2211 to 2212 regarding Notifications from

Department of Finance.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2214

Office of the Registrar of Co-operative Societies

& ex officio Joint Secretary

Order

No. 50/3/(80)/Elec/BOD/JPCS/RCS/CZ/15/4668

Read: 1) Letter No. 1-168/Elec/JpCc/ARCZ/2015/

/640 dated 18-09-2017 received from the

Asstt. Registrar of Co-op. Societies, Central

Zone, Panaji, Goa to fill five vacant posts

of Directors of the Jose Peres Cardoso

Co-op. Housing Society Ltd., Davernem,

Merces-Goa.

The Government of Goa is pleased to exempt the

Jose Peres Cardoso Co-op. Housing Society Ltd.,

Davernem, Merces-Goa, from the provisions of

Section 59(4) and 60(3)(b) of the Goa Co-op. Societies

Act, 2001 for the term i.e. 2015 to 2020 by invoking

the powers under Section 126A of the Goa Co-op.

Societies Act, 2001.

By order and in the name of the Governor

of Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-op. Societies).

Panaji, 26th February, 2018.

_______

Order

No. 50/3/(75)/ELEC/DDCHS/BOD/RCS/SZ/15/4677

Read: Letter No. 20-285/2006/ARSZ/HSG/1287

dated 13-09-2017 received from Asstt.

Registrar or Co-op. Societies, South Zone,

Margao-Goa to fill the seven vacant posts

of Director of the Devashri Darshan

Co-op. Housing Society Ltd., Mangoor Hill,

Vasco-da-Gama.

The Government of Goa is pleased to exempt the

Devashri Darshan Co-op. Housing Society Ltd.,

Mangoor Hill, Vasco-da-Gama, Goa from the

provisions of Section 59(4) and Section 60 (3) (b) of

the Goa Co-op. Societies Act, 2001 for the term i.e.

2015 to 2020 by invoking the powers under Section

126A of the Goa Co-op. Societies Act, 2001.

By order and in the name of the Governor

of Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-op. Societies).

Panaji, 27th February, 2018.

Order

No. 50/3/(68)/ELEC/BOD/KGC/RCS/SZ/16/4678

Read: Letter No. 18-560/2012/ARSZ/HSG/42 dated

04-04-2017 received from Asstt. Registrar of

Co-op. Societies, South Zone, Margao-Goa to

fill the eleven vacant posts of Director of

the Kurtarkar Garden Co-op. Housing

Maintenance Society Ltd., Gogol, Margao-

-Goa.

The Government of Goa is pleased to

exempt the Kurtarkar Garden Co-op. Housing

Maintenance Society Ltd., Gogol, Margao-Goa from

the provisions of Section 59(4) and Section 60 (3) (b)

of the Goa Co-op. Societies Act, 2001 for the term

i.e. 2016 to 2021 by invoking the powers

under Section 126A of the Goa Co-op. Societies Act,

2001.

By order and in the name of the Governor

of Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-op. Societies).

Panaji, 27th February, 2018.

———uuu———

Department of Education, Art & Culture

Directorate of Higher Education

Order

No. 2/2/2018-DHE/3917

Read: Order No. 21/2/2013-DHE/3695 dated

13-02-2018.

Ms. Dixita Bhairu Shingadi appointed as

Assistant Professor in Geography under

Directorate of Higher Education and posted in

Government College of Arts, Science and

Commerce, Quepem shall discharge her

duties at Government College of Arts, Science

and Commerce, Khandola-Goa on working

arrangement basis from the date of her

joining to the said post in Government College of

Arts, Science and Commerce, Quepem upto

31-03-2018.

Diwan N. Rane, Under Secretary (Higher

Education).

Porvorim, 22nd February, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2215

Order

No. 1/13/2017-DHE/3934

Government is pleased to transfer the following

Assistant Professors in Government Colleges under

Directorate of Higher Education with effect from

the beginning of the next academic year 2018-19.

Sr.

Name of the

Place of present

Transferred

No.

Officer &

posting

Designation

1. Shri Paresh

Sant Sohirobanath Government

Lingadkar,

Ambiye Government College of

Assistant

College of Arts

Arts,

Professor in

and Commerce,

Science

Commerce

Virnoda, Pernem-

and

(Manage-

-Goa

Commerce,

ment)

Khandola-

-Goa.

2. Shri Mahesh Government

Sant

M. Kerkar,

College of

Sohirobanath

Assistant

Commerce and

Ambiye

Professor

Economics,

Government

Borda,

College of

Commerce

Margao-Goa

Arts and

Commerce,

Virnoda,

Pernem-Goa.

3. Ms. Lily

Government

Fathima

College of

Endro,

Arts, Science

Commerce

Assistant

and Commerce,

and

Professor in

Khandola-Goa

Economics,

Commerce

Borda,

Margao-Goa.

The above Assistant Professors shall stand

relieved from their present place of posting with

effect from 31-05-2018 (A.N.) and shall join to their

respective new place of posting with effect from

01-06-2018 (F.N.).

Copy of joining report to be furnished to this

Directorate for record.

By order and in the name of the Governor of

Goa.

Diwan N. Rane, Under Secretary (Higher

Education).

Porvorim, 22nd February, 2018.

Goa Human Rights Commission

Proceeding No. 45/2015

Inquiry Report

Ms. Suzana De Souza, Center Co-ordinator, Child

Line, Caritas-Goa, Instituto Nasa Senhora de

Piedade, D.B. Marg, Nr. Hotel Mandovi, Panaji-Goa,

has approached this Commission alleging that

Master Christopher Lakra (Lakda), a tribal child

was stripped naked and was physically assaulted.

It is stated that the Childline reported all the facts

to Mapusa Police on 20-01-2015 but the Police have

not taken action against the persons who assaulted

the minor boy and stripped him naked and tied his

hands.

2. Brief facts as narrated by the Complainant in

her complaint are reproduced as below:-

• Master Christopher Lakra (Lakda) had gone to

the house of the owner Ms. Maria (Trinidade)

resident of Cuncheli, behind the playground,

near Karaswaddo on 12-01-2015 around

9.00 p.m. as he usually used to watch TV.

• On opening the house he called out “Aunty”

but since there was no reply he sat in front of

the TV and started listening to songs from his

mobile.

• The lights of the sitting room were on. The

child also mentioned that persons namely

Sonu, Raju and another man whom he could

not identify, entered the house and started

hitting him brutally and tied his hands with

a yellow nylon rope and dragged him out of

the living room and beat him again and

stripped him naked and brutally beat him and

kicked him.

• Later the owner’s brother came who asked to

untie him and gave him two slaps. Later on

the owner Maria came and slapped him and

asked to put on his clothes back on as her

daughter was there. The child Christopher

Lakra was asked to wear his own underwear

and the child did so.

• Later the Mapusa Police helpline 100 PCR was

called and without any inquiry the police

personnel slapped him and asked him “where

is the money?” The child was unaware of any

money that was missing. He reported that he

had only Rs. 50 in his pocket which his father

had given him, which was also taken away by

Raju.

• He was then taken to the Police Station and

Ms. Maria filed a complaint against the child

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2216

which was not explained to the child or the

parents. Later he was taken to the District

Hospital Mapusa for medical examination and

lodged at Apna Ghar as a case of child in

conflict with law was registered against him

and he was produced before JJB.

• Ms. Maria demanded Rs. 5000/- to get the

child back from Apna Ghar and the said

amount was paid to her, yet the child was not

released. Then she demanded 10,000/- more

to release the child from Apna Ghar.

• Childline reported all the facts to Mapusa

Police on 20th January and still no action have

been taken against the persons who assaulted

the minor boy, stripped naked and lodged a

false complaint against the boy.

3. Taking cognizance of the complaint, this

Commission issued notices to 1) The Police

Inspector, Women Police Station, Panaji-Goa, 2) The

Police Inspector, Mapusa Police Station, Mapusa-

Goa and 3) The Superintendent of Police (North),

Porvorim-Goa. In pursuance to the notices, the

Respondents filed separate replies denying the

allegations made by the Complainant. It is the case

of the Respondents that on 13-01-2015 at 00.05 hrs.

a phone call was received from PCR Panaji

informing that theft had taken place in the house

near ground at Cuchelim, Mapusa. Immediately on

receipt of information, PSI H. Raut Desai and staff

left to verify the fact at 00.45 hrs. PSI H. Raut Desai

and staff returned to the Police Station and reported

that the place in question i.e. house of Maria

Trindade at Cuchelim was visited by Police where

one boy was caught by people gathered at the

place and it was alleged that said boy was involved

in house breaking and theft at the residence of

Maria Trindade. It is further the case of the

Respondents that the said boy was brought at the

Police Station and disclosed his name as

Christopher Lakad. The Respondents have also

stated that Mrs. Maria Trindade, r/o Khalapwado,

Cuchelim also came to the Mapusa Police Station

and lodged her complaint to the effect that on

12-01-2015 at around 21.00 hrs. boy by name

Christopher Lakad, s/o Albert Lakad, r/o

Khalapwado, Cuchelim-Mapusa entered into her

house by forcibly pushing open the entrance door

and decamped with cash of Rs. 10,000/- (Rupees

ten thousand only) from the cupboard inside the

house. It is stated that an offence vide Mapusa P.S.

Cr. No. 17/2015 U/s 457 380 of IPC was registered.

4. It is further the case of the Respondents that

the said Christopher Lakad is juvenile. An

intimation was given to his father for taking him in

custody by the Police and after completing the

formalities, the said Christopher Lakad was referred

for medical examination and thereafter was

produced before the Juvenile Justice Board,

Merces-Goa for admission in Apna Ghar. The

Respondents stated that neither the juvenile nor

his family members have complained about assault

on him before the Medical Officer, or when

produced before the Principal Magistrate, Juvenile

Justice Board, Merces. Similarly, neither the

juvenile nor his family members had complained

about assault on the juvenile before the

Investigation Officer during the investigation or

before Juvenile Justice Board, Merces. The

Respondents have denied that the juvenile was

assaulted by the Police or by any person in

presence of the Police staff. The Respondents have

stated that the action taken by the Police in respect

of the complaint filed by Mrs. Maria Trindade

against Christopher Lakad (Juvenile) is in

accordance with the law. In short, according to the

Respondents, the Police have not violated the

human rights of the juvenile who was taken in

custody in a criminal case and who was later

referred to Apna Ghar, Merces after observing all

legal formalities.

5. We have heard the Complainant and also

heard learned Advocate K.L. Bhagat for the

Respondents. We have also perused the entire

records of this case.

6. The main grievance of the Complainant is that

the juvenile Master Christopher Lakra (Lakda) was

stripped naked and his hands were tied when he

had gone to the house of Ms. Maria (Trinidade) on

12-01-2015 around 9.00 p.m. It is her grievance that

although the matter was reported to the Police

Inspector, Mapusa Police Station and Police

Inspector, Women Police Station, Panaji, no action

was taken against the persons who were involved

in assaulting and torturing the juvenile Master

Christopher Lakra (Lakda). The records indicate

that the Police Inspector, Mapusa Police Station,

had marked application dated 20-01-2015 received

from Mrs. Suzana De Souza, Co-ordinator, Childline,

for inquiry and report to PSI Harish Raut Desai.

Accordingly, the said PSI Harish Raut Desai

conducted an inquiry and found that there was no

evidence to substantiate the allegations made by

the Complainant. The records further indicate that

the Complainant had also filed a complaint before

the Police Inspector, Women Police Station dated

25-02-2015 regarding the same incident. In respect

of this complaint, Police Inspector, Women Police

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2217

Station, Smt. Sudiksha Naik had conducted an

inquiry and submitted an inquiry report wherein

she had mentioned that there is no evidence to

substantiate the allegations in the complaint of

Suzana De Souza. She has further stated that there

is no sufficient cause to proceed with the

complaint as the same is devoid of any merit.

Admittedly, the victim in this case is a juvenile.

The Women Police Station, Panaji-Goa, is

designated as the Special Juvenile Police Unit.

7. A bare reading of the complaint dated

20-01-2015 filed by the Complainant before the

Mapusa Police Station and the complaint dated

25-02-2015 filed by the Complainant before the

Police Inspector, Women Police Station, prima facie

discloses commission of offences of “wrongful

confinement” and “voluntarily causing hurt”

punishable u/s 342 and 323 of the Indian Penal

Code, respectively. The offence u/s 342 of I.P.C. is a

cognizable offence. It is apparent that the Mapusa

Police as well as the Women Police Station, Panaji-

Goa, did not carry out investigation in a fair and

proper manner. The investigation of this case by

the Police, in our considered opinion smacks

malafide. Neither Mapusa Police nor the Women

Police Station, Panaji, registered First Information

Report against the persons who were involved in

wrongfully confining and assaulting the juvenile

Master Christopher Lakra (Lakad). Admittedly, the

offences have taken place within the jurisdiction of

Mapusa Police Station.

8. In the facts and circumstances of this case, we

are of the view that the Mapusa Police ought to

have registered First Information Report against

the persons who were involved in committing the

offences against the juvenile Master Christopher

Lakra (Lakad). The conclusions drawn by the Police

are totally unwarranted and unjustified. The Police

have no powers to close the matter on the ground

that there is no sufficient evidence against the

accused involved in the matter, once it is found

that the complaint reveals cognizable offence/

offences. In this case as pointed out above, there is

prima facie evidence on record that the cognizable

offence/offences have taken place. Non-registration

of FIR is a clear infringement of the fundamental

right of the victim boy as guaranteed under Article

21 of the Constitution of India and also violates the

basic human rights of the victim.

9. In the case reported in (2014) 2 Supreme

Court Cases 1 (Lalita Kumari, Petitioner v/s

Government of Uttar Pradesh & Others) the

Hon’ble Supreme Court has held that registration

of FIR is mandatory u/s 154 of Cr.PC if the

information discloses commission of a cognizable

offence and no preliminary inquiry is permissible

in such a situation. This is general rule and must

be strictly complied with.

10. We are satisfied that the Police have

committed gross illegalities by not registering FIR

against the persons who were involved in the

offences against the juvenile Mater Christopher

Lakra (Lakda) and have failed to comply with

directives issued by the Hon’ble Supreme Court of

India. We express our displeasure about the manner

in which this case has been handled by the Police

in utter violation of basic human rights of

the victim. We therefore make the following

recommendations:-

1) The Police Inspector, Mapusa Police Station,

shall register First Information Report on the

basis of the complaint filed by the

Complainant Ms. Suzana De Souza dated

20-01-2015 and thereafter shall proceed to take

further steps in the matter in accordance with

law.

2) The Director General of Police, Panaji-Goa

shall initiate appropriate disciplinary action

against the defaulting Police Officials.

3) The State of Goa, through its Chief Secretary,

Secretariat, Porvorim-Goa, shall pay

compensation of Rs. 5,000/- (Rupees five

thousand only) to the victim boy/Master

Christopher Lakra (Lakad), within a period of

thirty days.

Date: 10-04-2017

Place: Panaji-Goa.

Sd/-

(A.D. Salkar),

(J. A. Keny),

Chairperson,

Member,

Goa Human

Rights Commission.

________

No. PHQ/PET-CELL/GHRC/MAP-32/17/238/18

Office of the Director General of Police, PHQ,

Panaji-Goa.

Date: 29-01-2018.

To,

The Under Secretary,

Goa Human Rights Commission,

Old Education Department Bldg.,

1st Floor, 18th June Road,

Panaji-Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2218

Sub.:- Report into the inquiry report dated

10-04-2017 in proceeding No. 45/2015, filed

by Ms. Suzana De Souza.

Ref.:- Proceeding

No.

45/2015/422

dated

20-06-2017.

Sir,

With reference to the above, in continuation to

this office letter No. PHQ/PET-CELL/GHRC/MAP-

32/17/1513/17 dated 27-07-2017, I am directed to

submit that in respect to recommendation No. 2,

P.I., Shri Tushar N. Vernekar has been advised to be

more cautions in future while dealing with

complaints received at Units/Police Station by

SP/Traffic. In respect to recommendation No. 3, the

amount of Rs. 5,000/- (Rupees five thousand) has

been deposited in the account No. 0332127000038

of Christopher Lakda at Canara Bank, Branch

Mapusa, through ECS mode of payment (Copy

enclosed).

Yours faithfully,

Sd/-

Superintendent of Police,

Legal and Vigilance,

Panaji-Goa.

Encl: As stated.

Copy to:-

The Under Secretary (Home),

Government of Goa,

Home Department (General),

Secretariat, Porvorim-Goa........ (w.r.t.1) No. 1/9/2017-

-HD(G)/GHRC/3355 dated 13-11-2017).

2) No. 1/9/2017-HD(G)/GHRC/173 dated 11-01-2018.

________

No. PHQ/PET-CELL/GHRC/MAP-32/17/1116/17

Office of the Director General of Police, PHQ,

Panaji-Goa.

Date: 09-06-2017.

To,

The Under Secretary,

Goa Human Rights Commission,

Old Education Department Bldg.,

1st Floor, 18th June Road,

Panaji-Goa.

Sub.:- Interim report into the inquiry report dated

10-04-2017 in proceeding No. 45/2015, filed

by Ms. Suzana De Souza.

Ref.:- Proceeding No. 45/2015/57 dated 13-04-2017.

Sir,

With reference to the above, I am directed to

submit that the inquiry report dated 10-04-2017

passed by the Hon’ble Commission in proceeding

No. 45/2015 into the complaint filed by Ms. Suzana

De Souza, Center Co-ordinator, Child Line, Caritas

Goa, Institute Nasa Senhora de Piedade, D. B. Marg,

Nr. Hotel Mandovi, Panaji-Goa was forwarded to

Superintendent of Police, North, Porvorim-Goa for

necessary action and report.

It is submitted that in respect to recommen-

dation No. 1, SP/North has informed that FIR

No. 165/2017 u/s 323 IPC and 08 of Goa Children’s

Act has been registered on 18-04-2017 at Mapusa

Police Station into the complaint filed by Mrs.

Suzana De Souza (Copy enclosed). However, action

in respect to the recommendation No. 2 & 3 is under

process. The detail report in the matter will be

submitted to your good office later on.

Yours faithfully,

Sd/-

Superintendent of Police,

Legal and Vigilance,

Panaji-Goa.

Encl: As stated.

Copy to:-

The Under Secretary (Home),

Government of Goa,

Home Department (General),

Secretariat, Porvorim-Goa .......... (w.r.t. No. 1/9/2017-

-HD(G)/GHRC/1545 dated 30-05-2017).

———uuu———

Department of Home

Home—General Division

Office of the Director General of Police

Order

No. CA-I/229/First Expert/1715/2018

On the recommendation of the Departmental

Promotion Committee conveyed by the Goa Public

Service Commission vide letter No. COM/II/11/37(1)/

/2017/1036 dated 25-01-2018 and accepted/

/approved by the Government of Goa and conveyed

vide letter No. 1/77/2013-HD(G)/421 dated

05-02-2018 by Home Department, Secretariat,

Porvorim, the Director General of Police (Goa) is

pleased to promote Shri Umanath L. Naik, Second

Expert of Finger Print Bureau, Verna to the post of

First Expert (Group ‘B’, Non-Ministerial, Gazetted)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2219

on regular basis in Pay Matrix Level-7 (Rs. 44,900-

-1,42,400/-) with immediate effect.

2. He shall exercise option for fixation of pay on

promotion, if so desired, within a period of one

month from the date of issue of this Order.

3. This is issued with the approval of Director

General of Police (Goa).

S. M. Prabhudessai, Superintendent of Police (HQ).

Panaji, 12th February, 2018.

———uuu———

Department of Labour

Order

No. 28/33/2017-LAB/125

Whereas the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. NHB Agro Industries Private

Limited, Plot No. A60 and A61, Madkai Industrial

Estate, Madkai, Goa, and it’s workperson,

represented by the Goa Trade and Commercial

Workers’ Union, in respect of the matter specified

in the Schedule hereto (hereinafter referred to as

the “said dispute”);

And whereas the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (c) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Labour

Court-II of Goa at Panaji-Goa, constituted under

Section 7(1) of the said Act.

SCHEDULE

“(1) Whether the action of the management of

M/s. NHB Agro Industries Private Limited,

Plot No. A60 and A61, Madkai Industrial

Estate, Madkai, Goa, in refusing employment

to Mrs. Karishma Vaghmare, Operator, with

effect from 02-01-2017, is legal and justified?

(2) If not, what relief the workperson is entitled

to?”.

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 20th February, 2018.

Notification

No. 28/3/2018-LAB/Part-I/131

The following Judgement passed by the Labour

Court-II, at Panaji-Goa, on 30-01-2018 in reference

No. LC-II/LCC/09/2017 is hereby published as

required by Section 17 of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 21st February, 2018.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/LCC/09/2017

Shri Dattaprasad Mohan Prabhu,

R/o. H. No. 1132, Adav Wada,

Madkaim, Ponda-Goa.

… Applicant.

V/s

M/s. Terecom Ltd.,

Plot No. 250 & 102,

Kundaim Industrial Estate,

Kundaim-Goa.

… Opponent.

Workman/Party-I present in person.

Opponent absent, marked as Ex-parte

Panaji, Dated: 30-01-2018.

JUDGMENT

1. This judgment shall determine the claim

application of the Applicant dated 21-06-2017 filed

u/s 33-C (2) of the I.D. Act, 1947.

2. By the present claim application, the

Applicant claimed an amount of Rs. 41,188/-

(Rupees Forty one thousand one hundred and

eighty eight only) towards his legal dues such as

medical reimbursement, LTA and leave encashment

etc.

3. A notice was duly served on the Opponent.

The Opponent was initially represented by its

Employee, Shri Suraj Chafadkar and also sought

time to settle the matters amicably thrice, however,

subsequently on and from 15-09-2017 the said

employee of the Opponent failed to remain present.

Hence, this court after giving ample opportunities

to him, marked an ex-parte order against the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2220

Opponent and an ex-parte proceedings were

conducted.

4. This court framed the following issues on

01-12-2017 at Exb. 5.

1. Whether the Applicant proves that he is

entitled to receive from the Opponent a sum

of Rs. 41,188/- (Rupees Forty one thousand

one hundred eighty eight only) medical

reimbursement, LTA and leave encashment

etc.

2. What Order.

5. My answers to the aforesaid issues are as

under:

(a) Issue No. 1: In the affirmative.

(b) Issue No. 2: As per final order.

REASONS

6. Issue No. 1: In order to prove issue No. 1, the

Applicant has examined himself and produced on

record certain documentary evidence in support of

his oral evidence.

The evidence on record indicates that the

Applicant was in the employment of the Opponent

for the period from 02-04-2012 to 18-06-2014 as

Sr. Excise Officer. He was drawing a salary of

Rs. 27,039/- per month. The evidence on record

indicates that he resigned from service of the

Opponent w.e.f. 18-06-2014. The said resignation of

the Applicant has been accepted by the

management. The evidence on record indicates that

by letter dated 16-06-2014 at Exb. 7, the Opponent

has clearly admitted that they are liable to pay

to the Applicant a sum of Rs. 41,1881/- being

Rupees 17,399/- towards medical reimbursement,

Rs. 18,165/- towards LTA and Rs. 5624/- towards his

leave encashment. The evidence on record

indicates that an amount of Rs. 10,000/- has been

paid to the Applicant by demand draft No. 107995

dated 21-08-2017 as a first installment in lieu of his

full and final settlement. Thus, an amount of

Rs. 31,188/- is still due and payable to the

Applicant. Hence, it is held that the Applicant

proved that an amount of Rs. 31,188/- is due and

payable to him from the Opponent. The issue

No. 1 is therefore answered in the affirmative.

In view of above and with regards to the facts

and circumstances of the case, I pass the following

order:

ORDER

1. The claim application of the Applicant dated

21-06-2017 is hereby allowed. Consequently,

it is held that the Opponent, M/s. Terecom

Ltd., is hereby directed to pay to the

Applicant, Shri Dattaprasad Mohan Prabhua

sum of Rs. 31,188/- (Rupees Thirty one

thousand one hundred and eighty eight only)

within two months from the date of passing

of the present order, failing which it shall

bear a simple interest @ 9% p.a. from the date

of passing of the present order.

2. No order as to cost.

Pronounced in the Open Court.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court II.

________

Notification

No. 28/3/2018-LAB/Part-I/130

The following Judgement passed by the Labour

Court-II, at Panaji-Goa, on 30-01-2018 in reference

No. LC-II/LCC/08/2017 is hereby published as

required by Section 17 of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 21st February, 2018.

______

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/LCC/08/2017

Shri Sameer Nakul Sawant,

R/o. H. No. 202/8,

Assonora, Bardez-Goa.

… Applicant

V/s

M/s. Terecom Ltd.,

Plot No. 250 & 102,

Kundaim Industrial Estate,

Kundaim-Goa.

… Opponent

Workman/Party-I present in person.

Opponent absent, marked as Ex-parte

Panaji, Dated: 30-01-2018.

JUDGMENT

1. This judgment shall determine the claim

application of the Applicant dated 28-06-2017 filed

u/s 33-C (2) of the I.D. Act, 1947.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2221

2. By the present claim application, the

Applicant claimed an amount of Rs. 81,981/-

(Rupees Eighty one thousand nine hundred eight

one only) towards his legal dues such as medical

reimbursement, gratuity and LTA etc.

3. A notice was duly served on the Opponent.

The Opponent was initially represented by its

Employee, Shri Suraj Chafadkar and also sought

time to settle the matters amicably thrice, however,

subsequently on and from 15-09-2017 the said

employee of the Opponent failed to remain present.

Hence, this court after giving ample opportunities

to him, marked an ex-parte order against the

Opponent and an ex-parte proceedings were

conducted.

4. This court framed the following issues on

01-12-2017 at Exb. 4.

1. Whether the Applicant proves that he is

entitled to receive from the Opponent a sum

of Rs. 81,981/- (Rupees Eighty one thousand

nine hundred eight one only) towards his

medical reimbursement, LTA and gratuity

etc.

2. What Order.

5. My answers to the aforesaid issues are as

under:

(a) Issue No. 1: In the affirmative.

(b) Issue No. 2: As per final order.

REASONS

6. Issue No. 1: In order to prove issue No. 1, the

Applicant has examined himself and produced on

record certain documentary evidence in support of

his oral evidence.

The evidence on record indicates that the

Applicant was in the employment of the Opponent

for the period from 18-11-2009 to 11-03-2016 as IT

Officer. He was drawing a salary of Rs. 19,000/- per

month. The evidence on record indicates that he

resigned from service of the Opponent w.e.f.

11-03-2016. The said resignation of the Applicant

has been accepted by the management. The

evidence on record indicates that by letter dated

21-01-2017 at Exb. 7, the Opponent has clearly

admitted that they are liable to pay to the Applicant

a sum of Rs. 81,981/- being rupees 29,001/- towards

medical reimbursement, Rs. 17,787/- towards leave

encashment and Rs. 35,193 towards his gratuity.

The evidence on record indicates that an amount

of Rs. 10,000/- has been paid to the Applicant by

demand draft No. 107996 dated 21-08-2017 as a

first installment in lieu of his full and final

settlement. Thus, an amount of Rs. 71,981 is still

due and payable to the Applicant. Hence, it is held

that the Applicant proved that an amount of

Rs. 71,981/- is due and payable to him from the

Opponent. The issue No. 1 is therefore answered in

the affirmative.

In view of above and with regards to the facts

and circumstances of the case, I pass the following

order:

ORDER

1. The claim application of the Applicant dated

28-06-2017 is hereby allowed. Consequently,

it is held that the Opponent, M/s. Terecom

Ltd., is hereby directed to pay to the

Applicant, Shri Sameer Nakul Sawant a sum

of Rs. 71,981/- (Rupees Seventy one thousand

nine hundred and eighty one only) within

two months from the date of passing of the

present order, failing which it shall bear a

simple interest @ 9% p.a. from the date of

passing of the present order.

2. No order as to cost.

Pronounced in the Open Court.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court II.

________

Order

No. 28/22/2017-LAB/139

Whereas the Government of Goa is of the opinion

that an industrial dispute exists between the

management of PWD Labour Supply Society, C/o.

PWD, Altinho, Panaji, Goa and their workperson

Mrs. Andrea Fernandes, represented by the Goa

Trade and Commercial Workers Union, in respect of

the matter specified in the Schedule hereto

(hereinafter referred to as the “said dispute”);

And whereas the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (c) of sub-section (1) of Section

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2222

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Labour

Court-II of Goa at Panaji-Goa, constituted under

Section 7(1) of the said Act.

SCHEDULE

“(1) Whether the action of the management of

PWD, Labour Supply Society, c/o PWD, Altinho,

Panaji, Goa, in terminating the services of Mrs.

Andrea Fernandes, Meter Reader, posted at

Sub-Div. IV, Works Div. IX, PWD, Borda, Margao, Goa

with effect from 28-06-2013, is legal and

justified?

(2) If not, what relief the workperson is entitled

to?”.

By order and in the name of the Governor

of Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 26th February, 2018.

———uuu———

Department of Mines

Directorate of Mines & Geology

Order

No. 5/2/2007/ADM/MINES/PART/4096

Sanction of the Government is hereby conveyed for continuation of following temporary posts in Group

‘A’ and Group ‘B’ category in Directorate of Mines & Geology for further period of one year from

01-03-2018 to 28-02-2019.

Sr.

Designation

Pay Scale+Grade Pay

No. of

Budget Head

No.

posts

1. Dy. Director of Mines

15600-39100+G.P. 5400/-

2853 -Non Ferrous Mining &

2. Senior Technical Assistant

9300-34800+G.P. 4600/-

Metallurgical Industries

3. Surveying Officer

9300-34800+G.P. 4200/-

02-Regulation and

4. Statistical Officer

9300-34800+G.P. 4200/-

Development of Mines

5. Research Assistant

9300-34800+G.P. 4200/-

001-Direction and Administration

6. Assistant Geologist

9300-34800+G.P. 4200/-

01-Mines Development (Non-Plan)

01-Salaries.

7. Assistant Accounts Officer

9300-34800+G.P. 4600/-

2853 -Non Ferrous Mining &

8. Assistant Geologist

9300-34800+G.P. 4200/-

Metallurgical Industries

9. Surveying Officer

9300-34800+G.P. 4200/-

02-Regulation and

Development of Mines

001-Direction and Administration

02-Strengthening of Mines

Department (Plan)

01-Salaries.

The expenditure towards salaries shall be borne from the Budget Head shown against column No. 5.

Prasanna A. Acharya, Director & ex officio Addl. Secretary (Mines & Geology).

Panaji, 27th February, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2223

Department of Panchayati Raj &

Community Development

Directorate of Panchayats

Notification

No. 26/DP/SBM/Committees/2017/1349

Government is pleased to make the correction

in the committees constituted under the Sub-

-District Swachh Bharat Mission Management

Committees (SDSBMMC) is as below:-

Corrigendum

With reference to the Notification No. 26/DP/

/SBM/Committees/2017/7615 dated 26-09-2017

published in Official Gazette, Series II No. 27

dated 05-10-2017. The Column No. 2 Sub-District

Swachh Bharat Mission Management Committees

(SDSBMMC)

“1) Deputy Collector/SDM – member may be

corrected to and read as Deputy Collector/SDM –

– Chairman”.

All other contents remain unchanged.

By order and in the name of the Governor of

Goa.

Sandhya Kamat, Director & ex officio Jt.

Secretary (Panchayats).

Panaji, 27th February, 2018.

———uuu———

Department of Personnel

Order

No. 7/21/2017-PER/605

Read: Order No. 14020/01/2018-UTS-I dated

12-02-2018.

The Governor of Goa is pleased to relieve

Shri B. R. Singh, IAS (AGMUT:2005), Secretary

(Health), from this Administration with effect from

28-02-2018 to take up his new assignment at

Government of NCT of Delhi.

By order and in the name of the Governor of

Goa.

Harish N. Adconkar, Under Secretary (Personnel-I).

Porvorim, 22nd February, 2018.

Department of Power

Office of the Chief Electrical Engineer

Order

No. CEE/Estt-31-25-88/Lifting(AE(E)/3704

On the recommendation of the Goa Public

Service Commission conveyed vide their letter

No. COM/II/12/16(1)/2015/1067 dated 13-02-2018,

Government is pleased to declare the following

officers as having completed satisfactorily their

probation period of two years as shown in the table

against their names.

Sr.

Name of the

Date of joining

Date of

No.

Officer

in regular service

completion

as Assistant

of probation

Engineer (Elect).

period

Shri Deepak

29-05-2003

28-05-2005.

K. Naik

(Diploma)

Shri S. D.

03-06-2009

02-06-2011.

Shingare

(Diploma)

Shri Niranjan-

03-06-2009

02-06-2011.

kumar Jain

(Diploma)

Shri Vithal

03-06-2009

02-06-2011.

Haldankar

(Diploma)

Shri Jairam

03-06-2009

02-06-2011.

T. Sawant

(Diploma)

By order and in the name of the Governor of

Goa.

N. Neelakanta Reddy, Chief Electrical Engineer &

ex officio Addl. Secretary.

Panaji, 26th February, 2018.

———uuu———

Department of Public Health

Order

No. 4/21/2009-II/PHD/438

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/30(10)/2012/1056 dated 09-02-2018,

Government is pleased to promote Dr. Markandeya

Tiwari, Lecturer to the post of Assistant Professor,

Department of E.N.T. in Goa Medical College and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2224

Hospital, Bambolim on regular basis in Level-11

of Pay Matrix of the 7th Pay Commission

[Pay Band-3, Rs. 15,600-39,100 with Grade Pay of

Rs. 6,600/- (pre-revised)] and other allowances to

be fixed as per rules with immediate effect.

The promotion is made against the vacancy

occurred due to promotion of Dr. Carnegie D’Sa,

Assistant Professor to the post of Associate

Professor in the Department of E.N.T., Goa Medical

College vide Order No. 4/21/2009-II/PHD dated

14-02-2018.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 23rd February, 2018.

_______

Order

No. 21/3/2001-I/PHD/580

Read: Government Order No. 21/3/2001-I/

/PHD/483 dated 13-02-2018.

Government is pleased to accept the notice of

voluntary retirement dated 04-01-2018 tendered by

Dr. Neil Barreto, Senior Orthopaedic Surgeon, North

Goa District Hospital, Mapusa under Directorate of

Health Services in terms of O.M. No. 12-1-89-

-Fin(R&C) dated 29-11-1989 and O.M. No. 12/6/2001-

-Fin (R&C) dated 30-09-2009 issued by the Finance

(Rev. & Cont.) Department. Dr. Neil Barreto, Senior

Orthopaedic Surgeon, North Goa District Hospital,

Mapusa stands relieved from the post of Senior

Orthopaedic Surgeon, North Goa District Hospital,

Mapusa under Directorate of Health Services w.e.f.

04-04-2018 (F.N.).

This issues in supersession of Government Order

No. 21/3/2001-I/PHD/483 dated 13-02-2018.

By order and in the name of the Governor of

Goa.

Maria Seomara De Souza, Under Secretary

(Health).

Porvorim, 22nd February, 2018.

———uuu———

Department of Tourism

Order

No. 3/6(139)(Part)/2013/DT/4499

Whereas, the Under Secretary, Home Department

(General) vide letter No. 1/7/90-HD (G) dated

18-05-1992 has approached the Department of

Tourism for transferring land admeasuring an

area of 2,985 sq. mtrs. to the Police Department

(Government of Goa) for the purpose of setting up

of Police Station at the Colva village from the above

acquired land.

And whereas, the Under Secretary (Tourism) vide

letter No. 3/13/92-STE (T) dated 25-05-1993 has

conveyed Government approval in-principle for

transferring an area admeasuring 2,985 sq. mtrs. to

the Police Department for the aforesaid purpose

from the land which has been initially acquired for

the Colva Pilot Project admeasuring 61,116 sq. mtrs.

vide the Awards bearing No. LQN/15/80-81 dated

30-03-1981 and No. LQN/15/80-81 dated 12-03-1982

respectively; along with directions to recoup the

cost of land from the Police Department including

all the expenditure incurred by the Department of

Tourism by book transfer or otherwise so as to utilize

the said amount for various activities of the

Department of Tourism.

And whereas, the Department of Tourism has

felt that the said land would serve as a prime

location for many upcoming Tourism Projects due

to which another parcel of land which has

been acquired by the Department of Tourism

admeasuring 16,201 sq. mtrs. under Sy. Nos. 23/7,

8, 9 (part), 10, 11, 12, 14 (part), 24/9 (part), 12, 14,

25 (part), 26 (part), 25/1 (part), 3 (part), 8 (part),

9 (part), 10 (part) & 11 (part) at Colva for the purpose

of parking and recreational facilities in 1984 vide

the Award No. 3/35/81-LAO dated 14-08-1984 has

been decided for transfer to the Police Department.

And whereas, to ascertain the exact location,

the Department of Tourism calculated the actual

area as per ground feasibility being 1,660 sq. mtrs.

including the area left for 6.00 mtr. road access

under Survey Numbers 24/9 (part), 25 (part),

26 (part), 25/3 (part), 8 (part) and 9 (part).

And whereas, the Government has accorded

approval on 13-02-2015 for transferring the said

land admeasuring 1,660 sq. mtrs. to the Police

Department and the Finance (Exp.) Department

vide U.O. No. 1400004266 dated 01-02-2016 has

concurred the said transfer of land.

And whereas, the Government in its XXIVth

Cabinet Meeting of the Council of Ministers held

on 28-12-2017 has conveyed its approval for the

said transfer of land on the conditions that the

land will be transferred to the Police Department

on ‘No Profit No Loss’ Basis and if for any reason,

the said land is not utilized in its entirety for the

proposed Police Station, the same will be reverted

back to the Department of Tourism.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 48

1ST MARCH, 2018

2225

Therefore, in view of the Government approval

conveyed hereinabove, land under the ownership

of Department of Tourism described in the Schedule

below and delineated in the enclosed Plan stands

hereby transferred to the Police Department for

the said purpose.

SCHEDULE

District

Taluka

Village/

Survey/P.T.S./

Area

/City

/Chalta No.

South

Salcete

Colva

24/9 (part),

1,660 sq.

Goa

25 (part),

mtr.

26 (part),

25/3 (part),

8 (part), and

9 (part)

By order and in the name of the Governor of

Goa.

V. P. Dangui, Director & ex officio Joint Secretary

(Tourism).

Panaji, 14th February, 2018.

———uuu———

Department of Town & Country Planning

Notification

No. 21/1/TCP/2018/SC/481

In exercise of the powers conferred by

sub-section (1) of Section 6 of the Goa (Regulation

of Land Development and Building Construction)

Act, 2008 (Goa Act 6 of 2008) and in supersession

of the Government Notification No. 21/1/TCP/2015/

/SC/1323 dated 31-03-2015, published in the Official

Gazette, Series II No. 1 dated 02-04-2015, the

Government of Goa hereby appoints a “Steering

Committee” consisting of the following members,

namely:-

1) Hon’ble Chief Minister

… Chairman.

2) Hon’ble Minister for Town

… Member.

& Country Planning

3) Hon’ble Minister for Urban

… Member.

Development

4) Hon’ble Minister for

… Member.

Panchayats

5) Chief Secretary

… Member.

6) Secretary (Urban Develop-

… Member.

ment)

7) Secretary (Town and Country … Member.

Planning)

8) Secretary (Panchayats)

… Member.

9) Chief Town Planner

… Member

(Administration)

Secretary.

This Notification shall come into force from the

date of its publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

B. R. Singh, IAS, Secretary (TCP).

Panaji, 22nd February, 2018.

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