Panaji, 12th July, 2018 (Asadha 21, 1940)

SERIES II No. 15

RNI No. GOAENG/2002/6410

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

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

349

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, 2018

350

Department of Co-operation

Office of the Registrar of Co-operative Societies

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.

________

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

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

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.

———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, 2018

351

Further, 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.

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

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?

(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

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.

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

352

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

353

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 Party 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.

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SERIES II No. 15

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354

12. 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

355

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 Party 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

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356

22. 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

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357

requirements as per the Industrial Disputes Act.

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.

Department of Law & Judiciary

Law (Establishment) Division

Corrigendum

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, 2018

358

Department of Personnel

—

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. 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.

6. Shri P. S. Reddy, IAS

1. WRD (till 09-07-2018).

(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, 2018

359

13. Shri Sanjay Gihar, IAS 1. Housing.

(2008), Secretary

2. Panchayat.

(Housing)

3. Rural Development

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 Secretary

(Personnel II).

Porvorim, 2nd July, 2018.

———uuu———

Department of Planning

Directorate of Planning, Statistics & Evaluation

—

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

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.

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

No. DPSE/IV6th MIC/2017/3926

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

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360

1. 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.

_______

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.

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.

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

361

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

Additional Collector,

District Registrar of Births and

For their respective jurisdiction.

North Goa

Deaths

Additional Collector,

District Registrar of Births and

For their respective jurisdiction.

South Goa

Deaths

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

Chief Officer/Commissioner

Registrar of Births and

For Municipal/Corporation of the

and Village Panchayat

Deaths

City and Village Panchayat limit

Secretary

respectively.

Medical Superintendent,

Registrar of Births and

For entire unit of Goa Medical

Goa Medical College

Deaths

College.

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

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362

Department of Public Assistance

Institute of Public Assistance (Provedoria)

—

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.

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.

Department of Public Health

Order

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

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)

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The terms of reference of the District Coaching

Team shall be as under:

1. Visits:

2 visits per month to the identified

intervention facility.

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.

________

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

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:

2 visits per month to the identified

intervention facility.

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 15

12TH JULY, 2018

364

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.

________

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.

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.

The terms of reference of State Mentoring

Group shall be as under:

1. Key guiding activities:

Identification & finalization of facilities.

Co-ordinate baseline assessments, identifi-

cation of gaps for improvement.

Capacity building & operationalization of

improvement cycles.

Leverage funds for the program through

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

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, 2018

365

Department of Women & Child Development

Directorate of Women & Child Development

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.

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.

Notification

No. 2-192-2012/IGMSY/Part-VI/3197

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

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, 2018

366

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.

Notification

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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