Reg. No. G-2/RNP/GOA/32/2018-20
RNI No. GOAENG/2002/6410 Panaji, 12th July, 2018 (Asadha 21, 1940) SERIES II No. 15 PUBLISHED BY AUTHORITY
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
Corrigendum
No. 2/14/95/Agri (Part)/Vol.II/98
Read: Order No. 2/14/95/Agri(Part)/Vol.II/54 dated 29-05-2018.
In the above referred order, the row at Sr. No. 10 & 13 may be read as:
Sr. Name of the Place of present posting Place of posting on transfer No. officer
10) Shri Kirtiraj Naik Assistant Agriculture Officer, Zonal Agriculture Office, Canacona Gaonkar Zonal Agricultural Office, Margao in place of Shri Mahendra Pagi
transferred.
13) Kum. Gauri Asst. Agriculture Officer, Zonal Zonal Agricultural Office, Margao Prabhudessai Agricultural Office, Sanguem in place of Shri Kirtiraj Naik Goankar
transferred.
Instead of
Sr. Name of the Place of present posting Place of posting on transfer No. officer
10) Shri Kirtiraj Naik Assistant Agriculture Officer, Zonal Agriculture Office, Canacona Gaonkar District Agriculture Office, South in place of Shri Mahendra Pagi being
transferred.
13) Kum. Gauri Asst. Agriculture Officer, Zonal District Agricultural Office, South Prabhudessai Agricultural Office, Sanguem in place of Shri Kirtiraj Naik Goankar
being proposed for transfer.
By order and in the name of the Governor of Goa.
Nelson X. Figueiredo, Director & ex officio Joint Secretary (Agriculture).
Tonca-Caranzalem, 5th July, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018Department of Co-operation
Office of the Registrar of Co-operative Societies __
for the term i.e. 2018 to 2023 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
Order
No. 22-1-17-MR/MKT/RCS/217
Read: 1) Government order No. 22-1-2017-MR/MKT/
/RCS/06 dated 03-04-2017.
2) Government order No. 22-1-2017-MR/MKT/
/RCS/343 dated 03-10-2017.
3) Government order No. 22-1-2017-MR/MKT/
/RCS/01 dated 02-04-2018.
In exercise of the power conferred by Section 16
(1) (b) of the Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007, the Government of Goa hereby further extends the term of Committee of Administrators of the Goa State Agricultural Marketing Board, Margao, Arlem, Raia, Salcete-Goa for the period of two months i.e.
03-09-2018 or till the new Board is constituted, whichever is earlier.
The extension to the Committee of Administra- tors is allowed since the election procedure is under process to conduct election of the said Board in accordance with the recent amendment to the Goa
Agricultural Produce Marketing (Development and Regulation) Act, 2007 and to manage the day to day affairs of the Marketing Board.
By order and in the name of the Governor of
Goa.
Sanjiv M. Gadkar, Registrar (Co-op. Societies).
Panaji, 2nd July, 2018.
________
Goa.
Sanjiv M. Gadkar, Registrar & ex officio Addl.
Secretary (Co-op. Societies).
Panaji, 2nd June, 2018.
———uuu———
Department of Home
Home—General Division
— Order
No. 1/59/2016-HD(G)/1977
Government of Goa hereby constitutes a Apex Co-ordination Committee under the Chairmanship of Chief Secretary for implementation of Emergency Response Support System (ERSS) for the State of Goa comprising of the following with immediate effect:
1) Chief Secretary — Chairman.
2) Inspector General of Police — Member.
(Goa)
3) Director of Fire Services — Member.
4) Director of Health Services — Member.
5) District Magistrate (North) — Member.
6) District Magistrate (South) — Member.
7) Add. Secretary (Home) — Member
Secretary.
By order and in the name of the Governor of
Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 29th June, 2018.
Order
No. 50/3/(172)/Elec/BOD/ECCM/RCS/NZ/16/1368
Read: 1) Letter No. 1/225/Elec/BOD/ECCC/NZ/ 2016/30 dated 03-04-2018 received from the Asstt. Registrar of Co-op. Societies,
North Zone, Mapusa-Goa to fill one vacant post of Director of the El-Capitan Centre Co-op. Maint. Society Ltd., Feira-Alta, Mapusa-Goa.
The Government of Goa is pleased to exempt the El-Capitan Centre Co-op. Maint. Society Ltd.,
Feira-Alta, Mapusa-Goa from the provisions of Section 59(4) of the Goa Co-op. Societies Act, 2001 ———uuu———
Department of Information Technology
— Order
No. 1(33)/DOIT/2017-18/GITDC/456
Shri Praveen R. Volvotkar, Deputy Director (Technical), presently working in the Department of Information Technology, Altinho, Panaji-Goa, shall hold additional charge of the post of Joint Managing Director in the Goa Information Technology Development Corporation, Altinho, Panaji in addition to his own duties, until further orders.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018Further, Shri Vishwesh V. Naik, Deputy Manager (Accts. & Admn.) presently working in the Info Tech Corporation of Goa Limited shall hold additional charge of the post of Deputy Manager (Accts. & Admn.) in the Goa Information Technology Development Corporation, Altinho, Panaji in addition to his own duties with immediate effect, until further orders.
This is issued with the approval of the State
Government.
(3) If, the answer to issue No. (2) above is in the negative, then, what relief the workman is entitled to?".
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 5th July, 2018.
________
Notification
By order and in the name of the Governor of
Goa.
Srinet Kothwale, Director & ex officio Joint
Secretary (IT).
Panaji, 25th June, 2018.
———uuu———
Department of Labour __
No. 28/3/2018-LAB/Part-I/430
The following Award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 08-06-2018 in reference No. IT/25/05 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.
Order
No. 28/15/2018-LAB/439
Whereas the Government of Goa is of the opinion that an industrial dispute exists between the management of M/s. Goa Invescast Limited, 105-106, Kundaim Industrial Estate, Kundaim, Goa, and it's workman Shri Sujeet T. Naik, 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 Shri Sujeet T. Naik, Supervisor, can be construed as a "workman" as defined under Section 2(s) of the Industrial Disputes Act, 1947 (Central Act 14 of 1947)?
(2) If, the answer to issue No. (1) above is in
the affirmative, then, whether the action of the management of M/s. Goa Invescast Limited, 105-106, Kundaim Industrial Estate, Kundaim, Goa, in terminating the services of Shri Sujeet T. Naik, Supervisor, with effect from 26-12-2017, is legal and justified?
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 03rd July, 2018. ______
IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT
GOVERNMENT OF GOA AT PANAJI
(Before Mr. Vincent D'Silva, Hon'ble Presiding Officer)
Ref. No. IT/25/05
Workmen rep. by Goa Trade & Commercial Workers Union, Velhos' Building, Panaji, Goa. … Workmen/Party I
V/s
M/s. Amitech Pvt. Ltd., Naik Building, 2nd Floor, P.O. No. 382, Mariano Gracias Street, Margao-Goa. … Employer/Party II
Workmen/Party I represented by Ld. Adv. Shri Suhaas Naik.
Employer/Party II represented by Ld. Adv. Shri M. S. Bandodkar.
AWARD
(Delivered on this the 8th day of the month of June of the year 2018)
By Order dated 19-07-2005, bearing No. 28/3/ /2003-LAB/356, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018 Industrial Disputes Act, 1947 (for short The Act), has referred the following dispute to the Tribunal for adjudication.
"(1) Whether the action of the management of M/s Amitech Private Limited, Kakoda in terminating the services of the below mentioned workmen with effect from 20-09-2004, under the garb and guise of closure, is legal and justified?
1. Cajie Fernandes. 19. Naresh Naik. 2. Bhutteshwar Naik. 20. Peter Fernandes. 3. Baswani Gurav. 21. Pradeep Mapari. 4. Chandrakant Chari. 22. Prakash 5. Chandrakant Naik. Bommanvar. 6. Dattaram Sutar. 23. Pralhad Dessai. 7. Domingo D'Silva. 24. Pundalik Manolkar. 8. Fakirappa Channamani. 25. Rama Gaonkar. 9. Jaiwant Usgaonkar. 26. Ravindra Naik.
10. Jayant Shirodkar. 27. Raymond Pereira. 11. John Colaco. 28. Sanjay Mohite. 12. Jusinho Fernandes. 29. Seby Dias. 13. Khushali Talsekar. 30. Sudha Dessai. 14. Krishnanath Naik. 31. Sudhakar Gaonkar. 15. Mahesh Gaonkar. 32. Sunil Naik. 16. Nagesh Godse. 33. Suresh Gawade. 17. Namdev Gaonkar. 34. Ulhas Naik. 18. Namdev Shinde. 35. Upendra Naik.
36. Vishwanath Naik.
(2) If not, what relief the workmen are entitled
to?"
2. On receipt of the reference, it was registered as IT/25/05 and registered A/D notices were issued to both the parties. Upon appearance, Party I filed a Claim statement at Exh. 8 and Party II filed a Written statement at Exh. 11.
3. In short, the case of Party I in the claim statement is that all the workmen employed with Party II Unionized themselves under the banner of Goa Trade and Commercial Workers Union on 1st January, 2002 and the intimation of 'Unionization' was sent to the management by the Union vide their communication dated 22-01-2002 and immediately after unionization, the management began harassing and victimizing the workers and pressurized them to forsake the union membership and when the workmen refused to concede the demands of the management, they were threatened that their services would be terminated. The Management inspite of maximum productivity continued to adopt various unfair labour practices and harassment tactics. The Party II on 14-05-2004 shifted two CNC Machines from its units at Kakoda to its other unit and the Union immediately wrote a letter dated 14-05-2004.
4. The Party I thereafter on 10-08-2004 filed a complaint before Deputy Labour Commissioner, Margao in respect of illegal shifting of machinery, etc. from its factory at Kakoda to another newly set-up unit and the said complaint was admitted in conciliation. The management on 18th and 19th September, 2004 forcibility shifted all the machineries and the raw materials from its factory at Kakoda and the Union made a complaint. The management thereafter on 20-09-2004 terminated the services of all the permanent workmen. The Union immediately on 22-09-2004 raised an industrial dispute in respect of illegal termination of all the workmen w.e.f. 20-09-2004 and when the Dy. Labour Commissioner intervened in the dispute, the management issued individual letters to all the workmen stating that the manufacturing activities are permanently closed. The management of Party II has illegally closed its factory at Kakoda Industrial Estate without prior notice in order to summarily terminate the services of the workmen.
5. The closure enforced by the management effective from 20-9-2004 is illegal, unjust and bad in law and is a mere device to terminate the services of permanent unionized workmen under false and flimsy grounds although the management is running its business in full swing in other industrial units by diverting the business from the present factory to the newly set-up factories. There is no real closure of the business activities of the Party II. The action of the employer in the terminating the services of Party I workmen under the garb and guise of closure of its factory effective from 20-09-2004 is illegal, unjustified and bad in law and therefore, the Party I workmen be directed to reinstate all the 36 permanent workmen back in their services with full back wages, continuity in service and all consequential benefits. Hence, the reference.
6. The Party II filed a Written Statement inter-alia contending the entire reference is bad and illegal. There is a closure but the closure by itself cannot be an industrial dispute. The dispute itself is mischievous and unjustified made with sole intention to harass the management with unjustified and illegal demands. When the closure of the establishment is factual and it is not disputed, the question of legality and or justifiability cannot be looked into as far as closure is concerned. The termination of the services of the workmen is arising out of the permanent closure of the establishment and therefore the said termination cannot be considered as termination by way of retrenchment as contemplated in the Industrial Disputes Act and since it has complied OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018 with all the provisions of closure and paid all the dues to the workmen including closure compensation and since the workmen have accepted the same without any disputes, nothing survives and therefore, the reference ought to be rejected.
7. The running of plant was economically not viable due to various reasons including financial reasons. The company had made substantial losses for the previous years and the losses were mounting and therefore the company decided to close the manufacturing activities in the plant and according the company displayed a notice on the notice board informing all the workers about the decision of the management of closing down of all its manufacturing activities at the said plant with effect from 20-09-2004 and also informed to all the workers individually by writing letters enclosing their legal dues arising out of closure. The company also informed all the competent authorities like Labour Commissioner, Factory Inspectorate, ESI, Provident Fund, etc. about the permanent closure of the said establishment and while implementing the closure complied with all the provisions of the Industrial Disputes Act and therefore, the entire closure is fully legal and justified. The Party II after the permanent closure never started its activities in the said place and has sold its factory shed to M/s. Minescape Pvt. Ltd. and also sold its machinery to various other establishments.
8. In the rejoinder at Exh. 13, the Party I denied the case put forth by Party II in the written statement. It is claimed that the workmen have accepted the said dues under protest as the said dues also includes unpaid salaries of the workmen.
9. Issues framed at Exh. 16 are as follows:
(1) Whether the Party I proves that the closure declared by the Party II is not real, genuine and bonafide?
(2) Whether the Par ty I proves that the termination of the workmen w.e.f. 20-9-2004 is illegal and unjustified?
(3) Whether the Party II proves that the closure was necessitated due to economic/ financial difficulties?
(4) What relief?
(5) What Award?
10. In support of the case, Party I examined Shri R. D. Mangueshkar, General Secretary of the Union and produced on record a copy of letter dated 5-2-2003 addressed to the Commissioner along with Memorandum of Settlement at Exh. 19, a copy of letter dated 13-3-2008 to Dy. Labour Commissioner at Exh. 20, copies of individual reply of all workmen dated 8-10-2004 to the notice dated 29-9-2004 at Exh. 21 colly, a copy of letter dated 14-5-2004 along with AD card at Exh. 22, a copy of letter dated 10-8-2004 addressed to DLC at Exh. 23, a copy of letter dated 8-10-2004 addressed to the Labour Commissioner at Exh. 24, a copy of minutes of conciliation proceedings dated 24-11-2004 at Exh. 25, a copy of failure report dated 12-1-2005 at Exh. 26. In cross examination, he produced a copy of Form IV a license to run a factory along with the application under RTI at Exh. 34 colly, a copy of inspection report, Form II, Certificate of registration at Exh. 35 colly, a copy of letter dated 22-9-2004 raising dispute before Commissioner, Labour at Exh. 36, a copy of letter dated 24-11-2004 at Exh. 37 and a copy of letter dated 18-1-2002 at Exh. 38. The Party I also examined Shri Seby Dias as their second witness and in cross, he produced a copy of notice to all the workers dated 20-9-2004 at Exh. 41, a copy of letter dated 20-9-2004 along with enclosure at Exh. 42 colly, copies of notices dated 20-9-2004 of the dues with acknowledgement issued to all the 36 workers at Exh. 43 colly.
11. On the other hand, Party II examined Shri Sudin Naik as their witness and produced on record a copy of Board resolution dated 15-1-2000 at Exh. 46, a copy of letter dated 20-4-2004 to Inspector In-charge of Curchorem Police Station at Exh. 47, a copy of reply dated 20-04-2004 from Party II to DLC, Margao at Exh. 48, a copy of failure report dated 12-01-2005 at Exh. 49, a copy of statement of ICICI Bank at Exh. 50, a copy of letter from Goa IDC, dated 08-02-2011 at Exh. 51, a copy of Invoice for sale of machinery dated 15-09-2006 at Exh. 52 and at Exh. 53, a copy of Invoice for sale of machinery dated 06-03-2007 at Exh. 54, a copy of Invoice for sale of machinery dated 05-4-2007 at Exh. 55, a copy of Invoice for sale of machinery dated 06-4-2007 at Exh. 56, a copy of Invoice for sale of machinery dated 11-4-2007 at Exh. 57, a copy of Invoice for sale machinery dated 30-4-2009 at Exh. 58, a copy of letter dated 08-10-2010 from Party II to PI Curchorem at Exh. 59, a copy of Statement of transactions of the account of the Party II for the period from 01-9-2004 to 14-9-2004 at Exh. 60, a copy of Statement of transactions of the account of the Party II at Exh. 61, copies of Balance sheet of Party II for the years 2002-2003, 2003-2004 and 2004-2005 at Exh. 62 colly, copies of Balance Sheet and Profit and Loss account for the financial year 1995-1996 to 2004-2005 at Exb. 63 colly and a copy of details of employees working at Amitech Pvt. Ltd. along with enclosures at Exb. 64 colly.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 201812. Heard arguments. Notes of Written arguments came to be placed on record by Party II.
13. I have gone through the records of the case and have duly considered the arguments advanced. My answers to the above issues are as follows:
Issue No. 1 … In the Negative. Issue No. 2 … In the Negative. Issue No. 3 … In the Affirmative. Issue No. 4 … As per Final order. Issue No. 5 … As per Final order.
REASONS
Issue Nos. 1, 2 and 3:
14. Ld. Adv. Shri Suhaas Naik for the Party I has submitted that there is no factual, real or genuine closure in the present case. He further submitted that in a case of closure it is not only the place of business but the business itself is closed, unlike in the present case where the business is not closed but it was shifted outside the State of Goa. He further submitted that the letter dated 14-05-2004 at Exh. 22 show that the business has been shifted to their other unit at the Belgaum (Karnataka). The complaint dated 10-08-2004 at Exh. 23 is in respect of illegal shifting of machinery, raw materials and finished goods by the management of Amitech Pvt. Ltd. from its factory at Kakoda to their other unit in Belgaum. The letter dated 18-01-2002 at Exh. 38 with respect to transfer of Shri Seby Dias at Belgaum is also indication of the fact that the factory is closed but the business is not closed. He further submitted that where the company continues its business by shifting production elsewhere, the closure cannot be termed as real and genuine as there is only a closure of establishment but there is no closure of business and therefore, it is not a closure at law and in support thereof, he relied upon the cases of (i) Industrial Perfumes Ltd. vs. Industrial Perfumes Workers, (1998) II LLJ 1177 Bom and (ii) Express Newspapers, Ltd. vs. Their Workers and Staff, passed in Civil Appeals Nos. 574 and 575 of 1961 dated 2-8-1962.
15. Per contra, learned Adv. Shri M. S. Bandodkar for the Party II has submitted that once the closure is real, the bonafide or malafide of the closure cannot be looked into by the Industrial Tribunal and Tribunal cannot direct to open its factory. He further submitted that the evidence on record clearly indicates that the establishment has been sold including the machinery. The Balance sheets from the years 2002-2005 show that the company has been making heavy losses. The legal dues have been received by the workers. There is nothing on record to show that the company is still in operation at Belgaum or that the factory at Belgaum is functioning after 20-09-2004. The company at Verna has been manufacturing nylon products and there is no link or nexus to the manufacturing activities between the two establishments and therefore the Party II has complied the requirements of the closure contemplated under Sec. 25 FF of the Act. In support thereof, he relied upon the cases of (i) Workmen of the Indian Leaf Tobacco Development Co. Ltd., vs Management, passed in Civil Appeal No. 556 of 1966 on 27-9-1968; (ii) Workmen of M/s Sur Iron & Steel Co. (Pvt.) Ltd. vs. M/s S. I & Co. passed in Civil Appeal No. 483 of 1966 on 3-2-1969; (iii) Kalinga Tubes Ltd. vs. Their Workmen, passed in Civil Appeal No. 26 of 1968 on 3-5-1968, (iv) Indian Hume Pipe Co. Ltd. vs. Their Workmen, passed in Civil Appeal No. 1829 of 1967 on 8-2-1968, and (v) Pottery Mazdoor Panchayat vs. The Perfect Pottery Co. Ltd. and ors., passed in Civil Appeal Nos. 293-295 of 1971 on 19-10-1978.
16. A conspectus of the above referred cases show that a Tribunal under Industrial Disputes Act has no power to issue orders directing a Company to re-open a closed depot or branch, if the Company, in fact, is closed down as observed in the case of Workmen of the Indian Leaf Tobacco Development Co. Ltd., supra. When the company starts doing another type of business after the closure of the factory, the closure was bonafide in the sense that the company was infact ceased to carry on that industry and the step taken of the closure was not a cloak for a lockout or for carrying on the business under some other disguise as observed in the case of Workmen of M/s Sur Iron & Steel Co. (Pvt.) Ltd., supra. The burden was on the company to prove that the circumstances were unavoidable and were also beyond the control of the company for closing down the undertaking.
17. Once the Tribunal finds that the employer has closed down its factory as a matter of fact, it is not concerned to go into the question as to the motive which guided him and to come to the conclusion that because of previous history of the dispute between the employer and the employees, the closure was not justified as held in the case of Indian Hume Pipe Co. Ltd, supra. The Tribunal has no jurisdiction to go behind fact of closure and inquire whether business was infact closed or not as held in the case of The Perfect Pottery Co. Ltd., supra. The theoretical difference between lockout and the closure is that in the latter case, it is not only the place of business but the business itself is closed, while in the former case it is only the OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018 place of business which is closed as held in the case of Express Newspapers Ltd., supra. It is also well settled that where the company continues its business by shifting production elsewhere and that there is only closure of establishment and that there is no closure of business, the said closure is not a closure at law.
18. It is therefore apposite to scan as to whether the Party II company continued its business by shifting production elsewhere, either in Verna or at Belgaum and that the company has only closed down the manufacturing unit without closing its business which is being carried on or whether the closure of the business w.e.f. 20-9-2004 at Kakoda Industrial Estate of Party II was genuine and real and that it is not a mere device or pretence to terminate the services of the workers under false and flimsy grounds.
19. The Par ty I has examined Shri R. D. Mangueshkar and one Shri Seby Dias in support of their case. Shri R. D. Mangueshkar has claimed that on 15-5-2004, the Managing Director of the above factory shifted two CNC machines from its unit at Kakoda Industrial Estate to its other unit and on 10-8-2004, the Union filed a complaint before the Dy. Labour Commissioner in respect of illegal shifting of machinery, raw materials and finished products from its factory to its newly set-up unit and that the closure enforced by the management is illegal, unjust and bad in law as there is no real closure. In the cross examination, he admitted that Party II have closed the factory at Kakoda Industrial Estate but claimed that they shifted the machinery and raw materials to Verna Industrial Estate and presently business is being carried out at the said place. He has produced Form 4 which a license to run the factory at Exh. 34 colly and Form II which is the Certificate of Registration at Exh 35 colly. Both the documents show that the factory is known as M/s Shaun Filaments, registered on 15-07-2005 manufacturing nylon monofilament yarn and the Managing Partner is one Sudan B. Naik.
20. The said documents are in no way show that the machineries and the raw materials were shifted by Party II at Verna Industrial Estate. The unit at Kakoda was manufacturing machineries and the unit at Verna is manufacturing yarn, which are totally different products and both the units are not independent on each other. It is also not a case of Party I in the claim statement that the raw materials and machineries are shifted to Verna but it is their case that it was shifted to Udhyambag, Belgaum. Shri Mangueshkar has admitted that he cannot produce any documents to show that Party II was manufacturing nylon monofilament yarn at their factory at Kakoda or that M/s Shaun Filaments at Verna is manufacturing machinery and that said Shaun Filaments started operation in July 2005. He also stated that he cannot produce any document to show that Party II manufactured any machinery at Kakoda from 20-04-2009, which corroborates the case of Party II that the closure was bonafide in the sense that the company was infact ceased to carry on that industry. The Party I have produced on record a letter dated 14-5-2004 at Exh. 22 addressed to Amitech Pvt. Ltd. by the Union claiming that the workers have informed them that the company intends to shift two CNC Machines from its Kakoda Unit to its other unit at Belgaum and if machines are shifted, the entire production process of the said factory would be halted rendering the permanent workers jobless. However, no documents have been produced in support thereof nor any dispute raised by them as rightly submitted by Ld. Adv. Shri Bandodkar.
21. The Party II also produced on record a letter dated 10-08-2004 at Exh. 23 addressed to the Dy. Labour Commissioner by the Union claiming that the workmen have informed them that the management has begun shifting its machinery, raw materials and the finished goods from its Goa unit to another unit outside the State of Goa at Belgaum and that workmen apprehends that if the management is allowed to shift the machinery, raw materials, etc. to Belgaum, all the permanent workmen would be rendered jobless. The above letter is only an apprehension without any supporting documents. The Party I have not produced anything on record that Party II has factory of the same name at Udhyambag, Belgaum and that raw materials and machinery were shifted from Kakoda Industrial Estate to Belgaum. The Party I has also produced on record a letter dated 18-01-2002 at Exh. 38 addressed to Shri Seby Dias wherein it is mentioned that he has been deployed for temporary duties for about two months at Amitech Pvt. Ltd. at Udhyambag, Belgaum with effect from 24-01-2002 which fact was admitted by Shri Sudin Naik, who however clarified that it was a Branch office to inspect parts which were being manufactured at the vendors factory at Belgaum and that it was also closed before 20-9-2004. Shri Mangueshkar has also admitted that he has no documents to show that Amitech Pvt. Ltd. is still continuing their operations at Belgaum as on date or that Amitech Pvt. Ltd. at Belgaum manufactured any product at Belgaum on or after 20-09-2004.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 201822. Shri Seby Dias has claimed that he was employed with Amitech Pvt. Ltd. and after unionization, the management started harassing them and many a times they were transferred to other units and have worked in such units and that in the month of January 2002 they were transferred to Amitech Pvt. Ltd., Belgaum which is still operational at Belgaum and two CNC machines were shifted from Kakoda Industrial Estate to its unit at Belgaum and illegally closed the factory at Kakoda without prior notice in order to summarily terminate the services to all the permanent workers. In the cross examination, he admitted that he has no documents to show that he and his colleagues were transferred to Belgaum and that he worked in that unit. He also admitted that he does not have documents that Amitech Pvt. Ltd. is still in operation at Belgaum as of now or as on the date of filing of his affidavit or that the factory at Belgaum is functioning after 20-09-2004. He also admitted that he came to know about the closure of the establishment when he saw the notice dated 20-9-2004 and that the said notice was issued to him and the other workers at Exh. 43 colly. He also admitted that dues arising out of the closure were paid to him. He also admitted that none of the workers have complained to the Company about the harassment or victimization and that M/s Shaun Filaments and Amitech Pvt. Ltd. are different companies manufacturing different products and that Amitech Pvt. Ltd. was a private limited company and M/s Shaun Filaments at Verna is a partnership concern.
23. The evidence on record therefore clearly show that the closure of the establishment at Kakoda Industrial Estate is factual, real and genuine which is not disputed by the workmen and that the said permanent closure was on account of the fact that the establishment was not viable due to huge losses for last three years before the closure. The Balance sheets produced at Exh. 62 colly as on 31-03-2003, 31-03-2004 and 31-03-2005 respectively show that the Party II was making huge losses, which is indication of the fact that the running of the business was beyond the control of the management. The Party II has also produced on record a notice of closure addressed to all the workers, individual termination letters alongwith payment of legal dues which includes notice pay, closure compensation, leave salary, gratuity and bonus up to 20-09-2004. All the workers have admittedly received the legal dues as mentioned in the letter at Exh. 43 colly. The witnesses have admitted the closure notice was displayed on the notice board and the copy of the same was sent to Labour Commissioner and other statutory authorities. The Party I have not produced anything on record which could specify that the information of closure was not given to the above authorities. None of the above authorities have disputed the said closure. If the management had not closed the establishment permanently on 20-9-2004, the above authorities would have taken action against the management. No complaints have been made by the Union to any of the above authorities regarding the closure of the establishment.
24. The allegation that the Party II have closed
the establishment at Kakoda to throw the workers out of employment is itself an indication that the closure by the management is permanent. In any event, it has not been shown that the closure is malafide or to cause harassment to the workers. The evidence of witnesses, including Shri R. D.
Mangueshkar show that the factory is permanently closed at Kakoda Industrial Estate and no business is being carried by the company either at Kakoda Industrial Estate, Verna Industrial Estate or at Udhyambag, Belgaum. No documents have been produced by the Party I that the management has
shifted its raw materials or machinery and started its business activities at Verna Industrial Estate or at Udhyambag, Belgaum. Had the Party I proved that the company is functioning or carrying on any activities with the same raw materials or machineries either at Verna Industrial Estate,
Kakoda Industrial Estate or Belgaum, it could have been said that the closure was malafide and the step taken of the closure was a cloak for a lockout or for carrying on the business under some other disguise or that there is no closure in the eye of law.
25. The Party I have thus failed to prove that the Party II has closed the factory but continued its business activities in any of the places claimed by them. The factory at Verna Industrial Estate is manufacturing Nylon Monofilaments Yarn which was started in the year 2005 at a different place
having no link or nexus to the manufacturing activities of Party II. The Branch office at Udhyambag, Belgaum has also been closed. The Balance sheets and the Profit and loss account produced at Exh. 62 colly also show that the Party II was making losses prior to its closure. The
documents including notice of closure and the termination letters along with payment of legal dues show that the Party II has complied with the OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018 requirements as per the Industrial Disputes Act. Department of Law & Judiciary
Law (Establishment) Division __
Corrigendum
Shri Mangueshkar as well as Shri Seby Dias have admitted that notice of termination along with the dues arising out of closure were paid to Party I workmen at Exh. 42 colly. The letter dated 8-2-2011 at Exh. 51 clearly show that the plots in which the factory was functioning have been sold to
M/s Minescape Minerals Pvt. Ltd., so also that the machineries have also been disposed of as per Exh. 52 to 58. There is no evidence that after the closure of the factory at Kakoda any business activities were being conducted at Kakoda Industrial Estate or elsewhere. It is therefore clear that the closure
dated 20-9-2004 was real, factual and genuine in accordance with the provisions of the law and therefore, the action taken by the management in terminating the services of the workmen was legal and justified and same cannot be interfered in the reference. It is therefore, the above issues No. 1
and 2 answered in negative and issue No. 3 in the affirmative.
Issue No. 4 and 5:
26. Needless to mention, the Party I have failed to prove that the closure is not real, genuine or factual and that the company has only closed down the manufacturing unit at Kakoda Industrial Estate without closing its business which is being carried out, on the contrary, the Party II has proved that the closure was necessitated due to economic/ /financial difficulties beyond the control of the management. The Party I is therefore not entitled for any reliefs. Hence, the above issues are answered accordingly.
27. In the result, I pass the following:
ORDER
(i) It is hereby held that action of the management of M/s Amitech Pvt. Ltd., Kakoda, in terminating the services of the workmen mentioned in the schedule with effect from 20-09-2004, is legal and justified?
(ii) The Party I/Workmen are therefore not
entitled to any reliefs.
(iii) No order as to costs.
(iv) Inform the Government accordingly.
Sd/-
(Vincent D'Silva), Presiding Officer, Industrial Tribunal and Labour Court.
No. 8/16/2017-LD (Estt.)(Part) File/1215
Read: i) Order No. 8-2-2013-LD(Estt.)/1347 dated
01-08-2013.
ii) Order No. 8/16/2017-LD(Estt.)(Part File)/
898 dated 17-05-2018.
iii) Order No. 8/16/2017-LD(Estt.)(Part)File/
1014 dated 01-06-2018.
In the above read Order at Serial No. (iii), in para 3, the words PIO/Foreign National, shall stand omitted/deleted with effect from 01-06-2018.
Other contents of all the above Orders remain
unchanged.
By order and in the name of the Governor of
Goa.
Diwan Rane, Under Secretary (Estt.) Link.
Porvorim, 9th July, 2018.
———uuu———
Department of Mines
Directorate of Mines & Geology
— Order
No. 01/72/ADM/2005/MINES/PART-I/5556
Read: Order No. 01/72/ADM/2005/Mines/Part-I/
/2627 dated 13-11-2017.
In pursuance to Section 5 of Right to Information Act, 2005 (Central Act No. 22 of 2005) Shri Raju S.
Banavalikar, Assistant Accounts Officer of Directorate of Mines and Geology is hereby designated as State Public Information Officer in respect Accounts matter allotted to him, thereby name at Sr. 4 in the read order at above has been deleted.
This order is to be scrupulously adhered to under the Act failing which action as per the provision of the Act shall be initiated.
This order comes into force with effect from his date of joining in Directorate of Mines and Geology.
Prasanna A. Acharya, Directorate of Mines &
Geology.
Panaji, 2nd July, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018Department of Personnel
—
1 2 3
6. Shri P. S. Reddy, IAS 1. WRD (till 09-07-2018).
Notification
No. 7/21/2017-PER/2093
The Governor of Goa is pleased to order the
allocation of work/Departments amongst the Secretaries to the Government as follows with immediate effect, until further orders:-
Sr. Name & Designation Department No.
1 2 3
1. Shri Dharmendra 1. Vigilance/Chief
Sharma, IAS (1988), Vigilance Officer. Chief Secretary 2. Home.
3. Personnel. 4. ARD.
5. Forest. 6. Law Judiciary &
Legislative Affairs.
2. Shri P. Krishnamurthy, 1. Principal Secretary
IAS (1997), Principal to the Chief Minister Secretary to the with additional charge
Chief Minister of Pr. Resident
Commissioner, New Delhi.
3. Shri W. V. R. Murthy, 1. Co-operation.
IAS (2002), Secretary 2. Social Welfare. (Co-operation) 3. Civil Aviation.
4. Protocol. 5. General Adminis-
tration.
6. Public Grievances. 7. NRI Affairs. 8. Official Language.
4. Shri Sheo Pratap 1. PWD.
Singh, IAS (2002), 2. Transport. Secretary (PWD) 3. Tourism.
5. Shri Daulat A. 1. Finance.
Hawaldar, IAS (2004), 2. Mines and Geology. Secretary (Finance) 3. Tribal Welfare. 4. Art & Culture. 5. Planning & Statistics.
6. Fisheries. 7. Agriculture. 8. Town & Country
Planning.
(2004)
7. Shri Sudhir Mahajan, 1. Urban Development.
IAS (2005), Secretary 2. Industries, Trade & (Urban Development) Commerce.
3. Information and
Publicity.
4. Institute of Public
Assistance & Provedoria.
8. Shri Rupesh Kumar 1. Secretary to Governor.
Thakur, IAS (2006) 2. Museum. (Secretary to 3. Archives. Governor) 4. Archeology.
5. Printing & Stationary. 6. Civil Supplies. 7. Gazetteer.
9. Shri Ameya Abhyankar, 1. Secretary, Goa IAS (2007), Secretary Public Service (Goa Public Service Commission. Commission) 2. Information Technology.
3. Chief Executive
Officer, Entertain- ment Society of Goa.
10. Smt. Nila Mohanan, 1. Education. IAS (2007), Secretary 2. Power. (Education) 3. Non-Conventional
Energy. 4. Revenue. 5. Labour & Employ-
ment.
11. Shri Govind Jaiswal, 1. Ports.
IAS (2007), 2. River Navigation. Secretary (Ports) 3. Sp. Secretary
(Vigilance).
4. Legal Metrology. 5. Factories and
Boilers.
6. Handicrafts,
Textiles & Coir.
12. Shri J. Ashok Kumar, 1. Secretary to Chief
IAS (2008), Secretary Minister. to Chief Minister 2. Health.
3. Sports & Youth
Affairs.
4. Women and Child
Development.
5. Craftsman Training
& Skill Development.
6. Nodal Officer for ODF & Swatch Bharat Mission.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 201813. Shri Sanjay Gihar, IAS 1. Housing.
(2008), Secretary 2. Panchayat. (Housing) 3. Rural Development 1 2 3 Committee (SLSC) comprising of the following members for the smooth and efficient conduct of the Sixth Minor Irrigation Census and Census of Water Bodies in this State during the year from 2018-19 to 2019-20.
Agency.
4. Animal Husbandry
& Veterinary Services.
5. Environment. 6. Science & Technology. 7. Water Resource
Department (w.e.f. 09-07-2018).
14. Smt. Isha Khosla, IAS 1. Special Secretary (2011), Special Secretary (Budget, Mines & (Budget) Personnel).
2. Member Secretary,
Goa State Commission for Backward Classes.
3. Member Secretary, Goa State Commi- ssion for Protection of Child Rights. 4. OSD (Infrastructure
Project in CM's office).
15. Ms. Anjali Sehrawat, 1. Special Secretary
IAS (2013), Special (Home). Secretary (Home)
This issues in supersession of earlier Notification
No. 7/21/2017-PER dated 09-03-2018.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretar y
(Personnel II).
Porvorim, 2nd July, 2018.
———uuu———
1. Secretary (Planning) — Chairman.
2. Chief Engineer/Nominated — Member.
Representative, Water Resource Department/(WRD), Porvorim
3. Regional Director/Nominated — Member.
Representative, Central Ground Water Board, Bangalore
4. Project Director, Rural Develop- — Member.
ment Agency (North), Panaji
5. Director, Directorate of — Member.
Panchayats, Panaji
6. Joint Director, NSSO (FOD), — Member.
Regional Office, Porvorim
7. Director, Directorate of Planning, — Census
Statistics & Evaluation, Commi- Porvorim ssioner/
/Member Secretary.
The Committee shall be responsible for looking into all aspects related to the smooth and efficient conduct of the Sixth Minor Irrigation Census and Census of Water Bodies for which the Committee shall meet atleast once in three months during the tenure of the Census.
By order and in the name of the Governor of
Goa.
Dr. Y. Durga Prasad, Director & ex officio Joint
Secretary (Planning).
Porvorim, 4th July, 2018.
________
Notification
Department of Planning
Directorate of Planning, Statistics & Evaluation No. DPSE/IV6th MIC/2017/3926
—
Notification
No. DPSE/IV6th MIC/2017/3925
Consequent upon the decision of the Government of India, Ministry of Water Resources, River Development and Ganga Rejuvenation to conduct the Sixth Minor Irrigation Census and Census of Water Bodies (with reference year 2017-18) in the Country, the Government of Goa is pleased to constitute a State Level Steering Consequent upon the decision of the Government of India, Ministry of Water Resources, River Development and Ganga Rejuvenation to conduct the Sixth Minor Irrigation Census and Census of Water Bodies (with reference year 2017-18) in the Country, the Government of Goa is pleased to constitute a State Level Technical Sub-Committee (SLTSC) comprising of the following members for the smooth and efficient conduct of the Sixth Minor Irrigation Census and Census of Water Bodies in this State during the year from 2018-19 to 2019-20.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 20181. Regional Director/Nominated — Chairman.
Representative, Central Ground Water Board, Bangalore
2. Chief Engineer/Nominated — Member.
Representative, Water Resource Department/(WRD), Porvorim
3. Regional Director/Nominated — Member.
Representative, Central Ground Water Board, Hyderabad
4. Project Director, Rural Develop- — Member.
ment Agency (North), Panaji
5. Director, Directorate of Planning, — Census
Statistics & Evaluation, Commi- Porvorim ssioner/
/Member Secretary.
The Sub-Committee will provide technical inputs
and guide the State Nodal Statistics Cell for the smooth and efficient conduct of the Sixth Minor Irrigation Census and Census of Water Bodies for which the Committee shall meet atleast once in three months during the tenure of the Census.
By order and in the name of the Governor of
Goa.
Dr. Y. Durga Prasad, Director & ex officio Joint
Secretary (Planning).
Porvorim, 4th July, 2018.
_______
1. Director, Planning, Statistics — Minor
& Evaluation, Porvorim Irrigation
Census Commissioner.
2. Dy. Director, Planning, — North Goa
Statistics & Evaluation/ District Level /(Planning/Co-ordination), Officer. Porvorim
3. Dy. Director, Planning, — South Goa
Statistics & Evaluation, District Level (R.B.D.), Porvorim Officer.
4. Block Development Officers — Block Level (B.D.O.) Officers. Tiswadi, Ponda Bardez, Mormugao Pernem, Salcete Bicholim, Sanguem Satari, Quepem Canacona Dharbandora
Duties/Responsibilities
1. The Commissioner, Minor Irrigation Census and Census of Water Bodies will be the overall incharge for the conduct of the Census in Goa State.
2. District Level Officers (North & South) will have overall charge of respective Districts. They will also be responsible for monitoring the work of the supervisors appointed for the purpose from the DPSE/DES.
Notification
No. DPSE/IV6th MIC/2017/3927
The Government is pleased to appoint the
following officers for the effective and smooth conduct of Sixth Minor Irrigation Census and Census of Water Bodies (with reference year 2017-18) which is being conducted in Goa State during the year 2018-19 to 2019-20.
3. Block Level Officers (B.O.D.) will be responsible for appointing and allocating duties to enumerators for their respective talukas.
By order and in the name of the Governor of
Goa.
Dr. Y. Durga Prasad, Director & ex officio Joint
Secretary (Planning).
Porvorim, 4th July, 2018.
———u———
Office of the Chief Registrar of Births & Deaths
—
Notification
No. DPSE/RBD/CRS-Notification/2017/3885
In exercise of the powers conferred by Section 6 of the Registration of Births and Deaths Act, 1969 (Central Act No. 18 of 1969) and in supersession of Order No. 4-4-70-PLG dated 31st December, 1970, published in the Official Gazette, Series II No. 42 dated 14th January, 1971 and Order No. 4-4-70-PLG dated 09th June, 1971, published in the Official Gazette, Series II No. 12 dated 17th June, 1971, the Government of Goa is hereby pleased to appoint the officers mentioned in column (2) of the Schedule OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018 below (hereinafter referred to as the "said Schedule") and give them the designations as specified in the corresponding entries in column (3) of the said Schedule, within the area of their jurisdiction as indicated in column (4) against their name in the Schedule below, for the discharge of such functions and to receive any other directions/orders either from the Government or the State Chief Registrar for the purposes of this Act. This work shall be in addition to their own duties.
SCHEDULE
Sr. Designation of authorized Designation under the Act Jurisdiction No. officer
1 2
3
4
1) Additional Collector, District Registrar of Births and For their respective jurisdiction.
North Goa Deaths
2) Additional Collector, District Registrar of Births and For their respective jurisdiction.
South Goa Deaths
3) Block Development Additional District Registrar For their respective jurisdiction.
Officer of Births and Deaths
By order and in the name of the Governor of Goa.
Dr. Y. Durga Prasad, Director/Chief Registrar of Births and Deaths.
Porvorim, 28th June, 2018.
________
Notification
No. DPSE/RBD/CRS-Notification/2017/3886
In exercise of the powers conferred by Section 7 of the Registration of Births and Deaths Act, 1969 (Central Act No. 18 of 1969) and in supersession of Order No. 4/2/89-PLG dated 18th December, 1996 and Order No. DPSE/RBD/CRSR/2016/2753 dated 28th October, 2016 published in the Official Gazette, Series II No. 32 dated 10th November, 2016, the Government of Goa is hereby pleased to appoint the officers mentioned in column (2) of the Schedule hereinbelow (hereinafter referred to as the "said Schedule") and give them the designations as specified in the corresponding entries in column (3) of the said Schedule, within the area of their jurisdiction as indicated in column (4) against their name in the Schedule below, for the discharge of such functions and to receive any other directions/orders either from the Government or the State Chief Registrar for the purposes of this Act. This work shall be in addition to their own duties.
SCHEDULE
Sr. Designation of authorized Designation under the Act Jurisdiction No. officer
1 2
3
4
1) Chief Officer/Commissioner Registrar of Births and For Municipal/Corporation of the and Village Panchayat Deaths City and Village Panchayat limit Secretary
respectively.
2) Medical Superintendent, Registrar of Births and For entire unit of Goa Medical Goa Medical College Deaths College.
3) Civil Registrar-cum-Sub-Registrar Registrar of Births and For births and deaths records Deaths available with the respective
office.
By order and in the name of the Governor of Goa.
Dr. Y. Durga Prasad, Director/Chief Registrar of Births and Deaths.
Porvorim, 28th June, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018Department of Public Assistance
Institute of Public Assistance (Provedoria) Department of Public Health __
Order
— Order
No. 2-22-2013-14/IPA/Part/807
Read: 1. Order No. 2-22-2013-14/IPA/Part/2741
dated 2nd September, 2013.
2. Order No. 2-22-2013-14/IPA/Part/180
dated 18th April, 2017.
In supersession of the earlier orders, the
Government is pleased to re-constitute the Visiting Committee for Old Aged Homes/Orphanages Centre run by I.P.A. (Provedoria) comprising of the following members, with immediate effect.
1. Secretary (Provedoria) — Chairperson.
2. Director of Health Services — Member.
No. 38/102/2017-I/PHD/1745
Government is pleased to recognize "Mangalore Institute of Oncology Hospital, Mangalore", under Goa Mediclaim Scheme for the facilities of medical oncology, surgical oncology and radiation oncology.
This issue with the concurrence of Finance (Exp.) Department vide their U.O. No. 1400045901 dated 19-06-2018.
By order and in the name of the Governor of
Goa.
Maria Seomara Desouza, Under Secretary
(Health-II).
Porvorim, 27th June, 2018. ________
Order
3. Director of Education — Member.
4. Director of Social Welfare — Member.
5. Project Director, RDA — Member.
6. Mrs. Marlene De'souza, — Member.
Camarcazan, Mapusa-Goa
7. Ms. Kavita Arlekar, Gawsa — Member.
Vaddo, Mapusa-Goa
8. Mrs. Annie Alfonso, Rusai — Member.
Vaddo, Mapusa-Goa
9. Director of IPA (Provedoria) — Member
Secretary.
The Visiting Committee shall visit Old Aged Homes atleast once in period of three months or as deemed fit by the Government.
The Official Members attending the Committee visits will be treated as on duty and will be entitled
to TA/DA wherever admissible under the normal rules. The non-official members will be paid Rs. 1,500/- per sitting/visit.
The term of the Committee shall be for a period of three years from the date of publication of order in the Government Gazette.
By order and in the name of the Governor of
Goa.
Vinayak Prabhakar Volvoikar, Director.
Panaji, 5th July, 2018.
No. 38/58/2018-I/PHD/1775
As per the Operational Guidance Note contained
in the Government of India, Ministry of Health and Family Welfare, New Delhi's letter No. D.O. No. M. 12015/78/2017 dated 8th February, 2018, Government is pleased to constitute 'District Coaching Team (DCT) for South Goa District for implementation of "LaQshya–National Labour
Room Quality Improvement" initiative in the State to improve the quality of care in the Labour Rooms and Operation Theatres in the Public Health Facilities comprising of the following Members:-
i. Dy. Director/Medical — Chairperson.
Superintendent, Hospicio Hospital, Margao
ii. OBG Consultant, Hospicio — Convenor &
Hospital, Margao DNO.
iii. Ward Incharge of Maternity — Member.
Ward/Labour Room, Hospicio Hospital, Margao
iv. Medical Officer/Concerned — Member.
Officer for Quality Assurance, Hospicio Hospital, Margao
v. Health Officer of UHC, — Member.
Margao
vi. Health Officer of PHC — Member.
Ponda
vii. Consultant for Quality — Member.
Assurance (State Level) OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018 The terms of reference of the District Coaching
Team shall be as under:
1. Visits:
Ÿ 2 visits per month to the identified
intervention facility.
Ÿ 4 visits for cycle: first visit to initiate cycle
followed by 3 mentoring visits.
2. Identifying the training needs of the staff
selected for LaQshya in the District.
3. Mentoring of the quality circles, support for
the campaign and its monitoring.
4. Periodic internal review monthly visits of coaching/support teams for handholding, problem solving & verifying reported quality indicators.
5. To provide 'hands-on' training on clinical
protocols.
6. Hand-hold the quality improvement process.
7. OSCE based assessment of the staff.
8. Monitoring, reporting and analysis of the
indicators.
9. Monitoring of availability of point of care diagnostic services and blood transfusion services.
10. Peer assessment & support for the NQAS
certification.
The Notification has been issued as per the Operational Guidance Note from Ministry of Health & Family Welfare, Government of India, and made effective with immediate effect.
By order and in the name of the Governor of
Goa.
Maria Seomara De Souza, Under Secretary
(Health).
Porvorim, 6th July, 2018.
________
of improve the quality of care in the Labour Rooms and Operation Theatres in the Public Health Facilities comprising of the following Members:-
i. Dy. Director/Medical — Chairperson.
Supdt. of NGDH, Mapusa
ii. OBG Consultant, NGDH, — Convenor &
Mapusa DNO.
iii. Ward Incharge of Maternity — Member.
Ward/Labour Room, NGDH, Mapusa
iv. Medical Officer/Concerned — Member.
Officer for Quality Assurance, NGDH, Mapusa
v. Health Officer of UHC, — Member.
Panaji
vi. Health Officer of UHC, — Member.
Mapusa
vii. Consultant for Quality — Member.
Assurance (State Level)
The terms of reference of the District Coaching
Team shall be as under:
1. Visits:
Ÿ 2 visits per month to the identified
intervention facility.
Ÿ 4 visits for cycle: first visit to initiate cycle
followed by 3 mentoring visits.
2. Identifying the training needs of the staff
selected for LaQshya in the District.
3. Mentoring of the quality circles, support for
the campaign and its monitoring.
4. Periodic internal review monthly visits of coaching/support teams for handholding, problem solving & verifying reported quality
indicators.
5. To provide 'hands-on' training on clinical
protocols.
6. Hand-hold the quality improvement process.
Order
No. 38/58/2018-I/PHD/1776
As per the Operational Guidance Note contained in the Government of India, Ministry of Health and Family Welfare, New Delhi's letter No. D.O. No. M. 12015/78/2017 dated 8th February, 2018, Government is pleased to constitute 'District Coaching Team (DCT) for North Goa District for implementation of "LaQshya–National Labour Room Quality Improvement" initiative in the State 7. OSCE based assessment of the staff.
8. Monitoring, reporting and analysis of the
indicators.
9. Monitoring of availability of point of care diagnostic services and blood transfusion services.
10. Peer assessment & support for the NQAS
certification.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018The Notification has been issued as per the Operational Guidance Note from Ministry of Health & Family Welfare, Government of India, and made effective with immediate effect.
By order and in the name of the Governor of
Goa.
Maria Seomara De Souza, Under Secretary
(Health).
Porvorim, 6th July, 2018.
________
The terms of reference of State Mentoring
Group shall be as under:
1. Key guiding activities:
Ÿ Identification & finalization of facilities. Ÿ Co-ordinate baseline assessments, identifi-
cation of gaps for improvement.
Ÿ Capacity building & operationalization of
improvement cycles.
Ÿ Leverage funds for the program through
Order
No. 38/58/2018-I/PHD/1777
As per the Operational Guidance Note contained in the Government of India, Ministry of Health and Family Welfare, New Delhi's letter No. D.O. No. M. 12015/78/2017 dated 8th February, 2018, Government is pleased to constitute 'State Mentoring Group' for implementation of "LaQshya–National Labour Room Quality Improvement" initiative in the State of improve the quality of care in the Labour Rooms and Operation Theatres in the Public Health Facilities comprising of the following Members:-
i. Secretary Health/Mission — Chairperson.
Director (NHM)
ii. Director of Health Services — Member.
iii. Dean, Goa Medical College — Member.
& Hospital
iv. Dy. Director (PH), DHS — Member.
v. Dy. Director (MSD), DHS — Member.
vi. HOD of OBG Department, — Member.
GMC
vii. Associate Prof./Nodal — Member.
Officer of GMC Department of OBG, GMC
viii. HOD of Paediatrics, GMC — Member.
ix. HOD of Anaesthesiology — Member.
State PIPs.
2. Visits: Once every month to the identified
district/facilities.
3. Visit districts & facilities for supporting the orientations, technical trainings, QI cycle augmentation & improvement of facilities.
4. Support district to conduct baselines &
identifying gaps for improvement.
5. Support for the timely NQAS assessment &
monitoring progress on score improvement.
6. Review progress of districts and suggest
solutions for bottlenecks.
The Notification has been issued as per the Operational Guidance Note from Ministry of Health & Family Welfare, Government of India, and made effective with immediate effect.
By order and in the name of the Governor of
Goa.
Maria Seomara De Souza, Under Secretary
(Health).
Porvorim, 6th July, 2018.
———uuu———
Department of Urban Development
—
Corrigendum
Department, GMC
x. President of IMA — Member.
xi. President of FOGSI — Member.
(North Goa)
xii. President of FOGSI — Member.
(South Goa)
xiii. Chief Medical Officer, — Member
SFWB & SNO.
xiv. Medical Officer (FW) — Convenor.
xv. State Consultant (Quality — Member.
Assurance)
xvi. Health Educator (FW) — Member.
Notification No. 1/7/UDD/2003/2360/1131
In the Notification No. 1/7/UDD/2003/2360 dated
14-11-2017 read above, Sr. No. 5 shall be read as Shri Gajanan Ladu Sawal Desai, R/o Sawalwada, Pernem instead of Shri Gajanana Ladu Sawal, R/o Sawalwada, Pernem.
By order and in the name of the Governor of
Goa.
R. Menaka, IAS, Director & ex officio Additional
Secretary (Urban Development).
Panaji, 9th July, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018Notification
Department of Women & Child Development
Directorate of Women & Child Development __
No. 2-192-2012/IGMSY/Part-VI/3197
Order
No. 2-103(45)2018/DWCD/Part File/3288
In exercise of its executive powers, the Government of Goa herewith constitutes Monitoring Committee for Apna Ghar, Merces as under:
1. Mrs. Renuka Pawar, — Chairperson.
Advocate
2. Mrs. Audry Pinto, — Member.
SCAN Goa
3. Mrs. Martha Mascarenhas, — Member.
Social Worker
4. Fr. Joe John Fernandes, — Member.
Catholic Priest & In-charge Child Care Institution
5. Mrs. Leela Kamble, — Member.
Social Worker
6. The Director,
Directorate of Women & — Member. Child Development
7. Ms. Sharah Qazi, — Member
Programme Officer, ICPS Secretary.
The Monitoring Committee shall have following
powers/duties:
1. To monitor the affairs of Apna Ghar.
2. To re-visit the existing set up/protocols/
/policies of Apna Ghar.
3. To make recommendations to Government for improvement for Apna Ghar for welfare of children.
4. The Monitoring Committee shall meet atleast
once in a month.
The recommendation of the Monitoring Committee shall be in report form and shall contain brief write-up on the problem and ways and means to resolve the problem.
PMMVY District-Level Steering and Monitoring Committee
The 'Pradhan Mantri Matru Vandana Yojana' (PMMVY) has been implemented the State of Goa, using the platform of Anganwadi Services scheme
of Umbrella ICDS under Ministry of Women and Child Development, in accordance with the provision of the National Food Security Act, 2013.
With a view to review and monitor progress of the Pradhan Mantri Matru Vandana Yojana, the Government of Goa is pleased to constitute PMMVY
District-Level Steering and Monitoring Committee as under:
1. District Collector/District — Chairperson.
Magistrate
2. Chief District Health Officer — Member.
3. Concerned Officers' of Lead — Member.
Bank & GPO
4. All CDPOs/MOs of the — Members.
District
5. District Programme Officer, — Member
WCD Secretary.
PMMVY District-Level Steering and Monitoring Committee will effectively monitor Scheme implementation and monitor progress of the Scheme and also redress grievances.
The Committee may invite any other Officer for its meeting as and when deemed necessary. This Committee will meet bi-monthly.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary.
Panaji, 5th July, 2018.
________
Notification
The Deputy Director/In-charge of Apna Ghar shall assist, co-operate and provide all the facilities to Monitoring Committee for conducting visit, inspection and meetings at Apna Ghar.
The term of the Monitoring Committee shall be
for a period of 2 years.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary
(W&CD).
Panaji, 9th July, 2018.
No. 2-192-2012/IGMSY/Part-VI/3198
PMMVY State-Level Steering and Monitoring Committee
The 'Pradhan Mantri Matru Vandana Yojana'
(PMMVY) has been implemented the State of Goa, using the platform of Anganwadi Services scheme of Umbrella ICDS under Ministry of Women and Child Development, in accordance with the provision of the National Food Security Act, 2013.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 15 12TH JULY, 2018Notification
With a view to review and monitor progress of the Pradhan Mantri Matru Vandana Yojana, the Government of Goa is pleased to constitute PMMVY State-Level Steering and Monitoring Committee as under:
1. Secretary, Women and Child — Chairperson.
Development
2. Secretary, Directorate of — Member.
Health Services
3. Secretary, Panchayat — Member. 4. Secretary, Planning — Member. 5. Secretary, IT — Member. 6. Secretary, PWD — Member. 7. Additional Secretary, Finance — Member. 8. Director, Directorate of — Member.
Women and Child Develop- ment
9. Joint Director (ICDS)/Nodal — Member
Officer, PMMVY Secretary.
PMMVY State-Level Steering and Monitoring
Committee will review and monitor progress of the Scheme and strengthen the co-ordination and convergence between concerned departments.
The Committee shall meet quarterly, or earlier if
require, at the discretion of the Chairperson.
The Committee may invite any other officer for
its meeting as and when deemed necessary.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary.
Panaji, 5th July, 2018.
No. 2-192-2012/IGMSY/Part-VI/3199
PMMVY State-Level Sanctioning Committee (SLSC)
The 'Pradhan Mantri Matru Vandana Yojana' (PMMVY) has been implemented the State of Goa, using the platform of Anganwadi Services scheme of Umbrella ICDS under Ministry of Women and Child Development, in accordance with the provision of the National Food Security Act, 2013.
With a view to avail the flex-fund facility under PMMVY, the Government of Goa is pleased to constitute State Level Sanctioning Committee (SLSC) to sanction projects or activities under the flexi-fund component as under:
1. Secretary, Women and Child — Chairperson.
Development
2. Representative from PMMVY — Member.
Section, MWCD
3. Additional Secretary, Finance — Member. 4. Director, Directorate of — Member.
Women and Child Develop- ment
5. Joint Director (ICDS)/Nodal — Member
Officer, PMMVY Secretary.
The Committee may invite any other Officer for
its meeting as and when deemed necessary.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary.
Panaji, 5th July, 2018.
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