Panaji, 11th October, 2018 (Asvina 19, 1940)

SERIES II No. 28

RNI No. GOAENG/2002/6410

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

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

531

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Civil Aviation

Directorate of Civil Aviation

Notification

No. 119/DOCA/MADA/2018/1670

In exercise of the powers conferred under the

Section 3 and Section 4 of the Goa (Mopa Airport

Development Authority) Act, 2018 (Goa Act 10 of

2018), Government of Goa is pleased to constitute

the Mopa Airport Development Authority (MADA)

to exercise the powers conferred on, and to perform

the functions assigned to it, by or under the Act.

1. Chairperson

… Chief Minister.

2. Secretary (Civil Aviation)

… Member.

3. Secretary (Revenue)

… Member.

4. Secretary (Town and

… Member.

Country Planning)

5. Secretary (Urban

… Member.

Development)

6. Secretary (Panchayats)

… Member.

7. Chief Town Planner

… Member.

(Planning)

8. Principal Chief

… Member.

Conservator of Forests

9. Director of Health Services … Member.

10. Member Secretary of Goa

… Member.

Pollution Control Board

11. Director of Fire and

… Member.

Emergency Services

12. Director of Civil Aviation

… Member

Secretary.

By order and in the name of the Governor of

Goa.

Dr. S. Shanbhogue, Director & ex officio Joint

Secretary (Civil Aviation).

Porvorim, 5th October, 2018.

Department of Co-operation

Office of the Registrar of Co-operative Societies

& ex officio Joint Secretary

Order

No. 50/3/(83)/Elec/GGVKSS/BOD/RCS/CPZ/15/2532

1. Letter dated 3rd April, 2018 received from

Shri Manohar N. Joshi, Member & Ex-

Chairman of the Gawane V.K.S.S. Society Ltd.,

Gawane, Satari, Goa.

2. Letter dated 4th July, 2018 received from the

Asstt. Registrar of Co-op. Societies, Bicholim

Zone, Sanquelim-Goa for relaxation to the

attendance to AGM of Gawane Group V.K.S.S.

Society Ltd., Gawane, Satari Goa.

The Government of Goa is pleased to exempt

the Gawane Group V.K.S.S. Society Ltd., Gawane,

Satari-Goa, from the provisions of Section 60(3)(b)

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

i.e. 2015 to 2020 by invoking the powers under

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

By order and in the name of the Governor of

Goa.

Sanjiv M. Gadkar, Registrar & ex officio Addl.

Secretary (Co-op. Societies).

Panaji, 28th September, 2018.

———uuu———

Department of Education, Art and Culture

Directorate of Art and Culture

Order

No. DAC/7/IMB/Partfile/2018-19/5349

In exercise of power conferred under Clause 4 of

the Rules & Regulation of Institute Menezes

Braganza, Panaji, the Government is pleased to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

532

appoint Shri Pratap Gaonkar, Theatre Manager, Kala

Academy, Panaji-Goa, as Member Secretary of

Institute Menezes Braganza, Panaji-Goa as stop gap

arrangement until regular Member Secretary is

appointed by the Government.

By order and in the name of the Governor of

Goa.

Sd/-, Director & ex officio Joint Secretary (Art &

Culture).

Panaji, 4th October, 2018.

________

Order

No. DAC/Acctts/RBB-RBS/Committee/2018/5409

In exercise of powers conferred under Clause 5

of the Constitution of Ravindra Bhavan, Sankhali,

the Government is pleased to nominate Shri Vithoba

Ghadi, Sankhali-Goa as the Vice-Chairman of

Ravindra Bhavan, Sankhali-Goa with immediate

effect.

By order and in the name of the Governor of

Goa.

Sd/-, Director & ex officio Joint Secretary (Art &

Culture).

Panaji, 8th October, 2018.

———uuu———

Department of Home

Foreigners & Citizenship Division

—

Order

No. 12/4/2017/HD(F&CD)/CEP/Vol.II/351

In pursuance of Clause (e) of Section 2 of the

Goa (Abolition of Proprietorship, Titles and Grants

of Lands) Act, 2014 (Goa Act 8 of 2014) (hereinafter

referred to as the “said Act”), the Government of

Goa hereby appoints the following officers for the

purposes of this Act, with immediate effect.

(1) Additional Collector I, North Goa.

(2) Additional Collector II, North Goa.

(3) Additional Collector I, South Goa.

(4) Additional Collector II, South Goa.

By order and in the name of the Governor of

Goa.

Neetal P. Amonkar, Under Secretary (Home-I).

Porvorim, 1st October, 2018.

Department of Industries

Corrigendum

No. 4/6/2014-IND/387

Read: Notification No. 4/6/2014-IND dated

17-7-2014.

The sentence wherever appearing in the above

Notification “Goa State Infrastructure Development

Corporation” may be substituted as “Goa Waste

Management Corporation”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 1st October, 2018.

________

Corrigendum

No. 15/17/2006-IND(Pt)/392

Order No. 15/17/2006-IND(Pt)/340 dated

06-12-2017.

The office letter No. DITC/Dev-I/SFURTI/

/4265 dated 3-12-2017.

In the Order referred in the preamble cited above,

the words Scheme of Funds for Regeneration of

Traditional Industries (SFURTI) for the production of

food products under the Cluster the Goa Agro and

Food Processing shall be substituted to read as

“SFURTI for State of Goa”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 5th October, 2018.

———uuu———

Department of Information and Publicity

—

Order

No. DI/INF/IITF/2018/3285

The Government of Goa is pleased to constitute

a Committee for the Technical and Creative

presentation and opening of financial bid for tender

of concept, design and management of Goa Pavilion

at India International Trade Fair (IITF)

to be held in New Delhi from November 14 to

27, 2018.

1. Secretary (Information and

—

Chairman.

Publicity)

2. Director, Directorate of

—

Member.

Accounts

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

533

3. Principal Chief Engineer,

—

Member.

PWD

4. Principal, Goa College of

—

Member.

Art

5. Director, Art and Culture

—

Member.

6. Jt. Director, Information

—

Member.

and Publicity

7. Director, Information and

—

Member

Publicity

Secretary.

The Selection Committee will meet as and when

required for finalization of the Bids.

This issues with the approval of Government

under U. O. No. 8522/F dated 01-10-2018.

By order and in the name of the Governor of

Goa.

T. S. Sawant, Director & ex officio Joint Secretary

(Information & Publicity).

Panaji, 9th October, 2018.

———uuu———

Department of Labour

Notification

No. 28/3/2018-LAB/Part I/643

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

31-07-2018 in reference No. IT/38/92 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, 24th September, 2018.

_________

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Vincent D’Silva, Hon’ble Presiding

Officer)

Ref. No. IT/38/92

Workmen,

Rep. by Goa Hotel Employees

Union, Vaiguinim Beach,

Dona Paula, Goa.

… Workmen/Party I

V/s

M/s. Cidade de Goa,

Vaiguinim Beach,

Dona Paula, Goa.

… Employer/Party II

Workmen/Party I represented by Ld. Adv. Shri S. P.

Gaonkar.

Employer/Party II represented by Ld. Adv. Shri G.

B. Kamat.

AWARD

(Delivered on this the 31st day of the month

of July of the year 2018)

By Order dated 10-06-1992, bearing No. 28/15/

/92-LAB, the Government of Goa in exercise of

powers conferred by Section 10 (1)(d) of the

Industrial Disputes Act, 1947 (for short The Act),

has referred the following dispute to this Tribunal

for adjudication.

“(1) Whether the demand of the workmen

employed in M/s. Cidade de Goa, Vaiguinim

Beach, Dona Paula, Goa for 20% Bonus for

the accounting year 1990-91, is legal and

justified?

(2) If not, for what relief the workmen are

entitled to?

2. Upon receipt of the reference, it was registered

as IT/38/92 and registered AD notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim statement at Exh. 3 and

Party II filed the Written statement at Exh. 7.

3. In short, the case of Party I is that the

Party I workmen are employed by Party II and all

the confirmed workmen have been paid by Party II,

8.33% minimum annual bonus under the Payment

of Bonus Act, 1965 for the accounting year 1991 as

against 20% maximum annual bonus demanded by

the Party I. The Party II have refused to pay rest of

the 11.67% bonus to the workmen inspite of the

fact that Party II had highly successful and

encouraging financial results and gross profits for

the accounting year 1990-91. The Party I therefore

raised an industrial dispute with the Labour

Commissioner by its letter dated 23-10-1991 and

demanded 20% maximum annual bonus for the said

year. The Party I also issued a letter dated

14-11-1991 asking for detailed statement of the huge

interest paid to the financial institutions on the

borrowings made by the Party II. The Party I also

requested the Conciliation Officer to obtain

explanation from Party II on doubtful and inflated

expenditure as shown in Profit and Loss Account

for the year ending 1990-91, which was bluntly

refused. The Party I vide another letter dated

4-12-1991 requested the Conciliation Officer to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

534

obtain clarification on certain doubtful and inflated

expenditure such as women and staff expenses,

repairs to buildings, repairs to machinery, etc. and

also sent another letter dated 5-12-1991 pointing

out to all important aspects of profitability or gross

profit which is sine qua non in determining the

quantum of bonus payable in respect of self

imposed, excessive liabilities which have nothing

to do with the quantum of bonus payable. The

Party I vide letter dated 27-2-1992 to Conciliation

Officer explained why Party I is insisting on certain

documents and how the employees are entitled

to 20% bonus. The Party I sent a letter dated

23-3-1992 to the Labour Secretary explaining to

him the fraudulent misappropriation of the gross

profit by the Party II that has deprived the workmen

of their legitimate 20% annual bonus for the

accounting year 1990-91.

4. The Directors Report contained in the Balance

Sheet and Profit and Loss Account for the

accounting year 1990-91 shows that the sales

turnover of the company has increased by 6%; that

the average occupancy of the hotel was 62% during

the accounting year 1990-91 with a higher average

room rate as compared to the previous accounting

year 1989-90 and that the operating results for the

accounting year 1990-91 of the hotel in absolute

terms are considerably good. This in turn could

prove that the hotel continued to operate

maintaining high standards of hospitality and

image including that the giant hotel expansion

comprising 108 additional rooms, restaurants,

banquets, conference hall, business centre and

privilege gymkhana facilities at a tremendous

sky-to-earth cost. Out of these, 3 floors comprising

meeting rooms and guests rooms would be

commissioned by the end of October, 1991,

constructed at an astronomical cost, bank interest

on which, so far paid, has been awful, which has

deprived the employees of their legitimate 20%

bonus for the accounting year 1990-91 which is a

clear acknowledgment of the fact that the

employees have built up the hotel on a firm and

lasting foundation and benefit therefore of 20%

bonus should unmistakably go to the toiling

employees. The expenditure of Rs. 50,81,929/-

incurred on salaries, wages, bonus, etc. of the

employees by the Party II and as shown in Profit

and Loss Account 1990-91 is quite excessive and

on very higher side considering the poor wage

level presently prevailing in the hotel.

5. The Party I have reasons to believe that large

sums have been withdrawn by Party II illegally in

the name of wages, salaries to the employees and

officers. The contribution of Rs. 4,181,877/- made to

the Employees Provident Fund, Family Pension

Funds and other funds during the year 1991 were

excessive and exorbitant. The Party II has incurred

on account of Workmen and Staff Welfare Expenses

an expenditure of Rs. 23,21,149/- which amount is

totally a fiction and unknown to industry of

corporate hotels in Goa. The Watch and Ward

expenses of Rs. 3,06,024/- of the hotel is highly

expensive. The amount of Rs. 14,34,697/- on the

postage, telegrams, telephones is out of all

proportions compared to sales turnover of Rs.

2,98,00,000/-. The amount of Rs. 19,19,824/- spent

on advertisement and sales promotion is inflated.

The amount of Rs. 1,82,106/- spent as bookshop

expenses are totally unnecessary. The amount of

Rs. 1,46,551/- on bad and doubtful debt is also not

required. The amount of Rs. 6,93,107/- shown as

miscellaneous expenses are on the higher side.

The determination of gross profits is of extreme

importance for the calculation of bonus amount

under Payment of Bonus Act. Many fake, non-

existent, unreasonable expenses have been

subtracted from the otherwise huge gross profits

so as to leave no available surplus or allocable

surplus which now deprives the employees of their

legitimate 20% maximum bonus. The allocable

surplus has been vastly reduced in order to deprive

the employees of 20% legitimate bonus. The

Party I workmen is therefore entitled to receive

20% maximum bonus under the Payment of Bonus

Act, out of which 8.33% bonus has already been

paid by the Party II to the employees and therefore,

the balance bonus of 11.67% would be payable to

the workmen as legitimate bonus. Hence, the

reference.

6. In the Written statement, the Party II has

claimed that the workmen had accepted the bonus

of 8.33 % for the accounting year 1990-91. The Party

I has no right to raise the dispute as it does not

represent the majority of the workmen. The

payment of bonus has been made in conformity

with the provisions of Payment of Bonus Act and

8.33% was the only bonus payable. The workmen

have accepted the payment without any reservation

whatsoever and in full and final settlement of their

claim for bonus for the accounting year ending

1991 and have no dispute whatsoever. The

allocable surplus is the key factor for the purpose

of calculation of the profits based bonus under

Payment of Bonus Act and the same has to be

determined as per the schedule to the Act. The

Profit and Loss Account has no relevance as far as

calculations under the Act. In any event, the Party

II has made a loss of 7.97 lakhs as indicated in the

Profit and Loss Account. The hotel has never made

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

535

any profits since inception. The increase in the

revenue has been offset by the increase in fixed

and variable cost. The average occupancy of the

hotel was 53% during the accounting year 1990-91.

The purpose of determination of liability of the

company to pay the bonus is neither the gross

revenue receipts nor sales turnover but the

calculations after adopting the methodology under

the Payment of Bonus Act. The Party II strictly

complied with methodology of calculation under

the Act and there being no allocable surplus

whatsoever has rightly paid the statutory bonus of

8.33%. The Party II has made necessary calculation

for the accounting year 1990-91 and has paid bonus

as per the minimum statutorily requirements and

hence, the reference deserves to be rejected.

7. In the rejoinder at Exh. 8, the Party I has

denied the case set up by the Party II in the written

statement.

8. Issues that came to be framed at Exh. 9 are as

follows:

(1) Do Party No. 1 workmen prove that their

demand for 20% Bonus is just and legal?

(2) Does Party No. 2 prove that since the

workmen had accepted 8.33% Bonus for

1990-91, there existed no industrial dispute

and hence the reference is not tenable

as contended in para 1 of its written

statement?

(3) Whether Party No. 1 workmen are entitled

to any relief?

(4) What award or order?

9. It is a matter of record that by Order dated

24-01-1995 at Exh. 20, the following additional

issues were framed and they were numbered as

issue No. 3 and 4 and original issue No. 3 & 4

renumbered as issue No. 5 and 6 respectively and

issue No. 3 and 4 were treated as preliminary issue

to be decided along with issue No. 2.

(3) Whether Party II proves that the demand

for Bonus is not espoused by a substantial

number of workmen so as to be called a

collective dispute and since there is no

industrial dispute, the reference is liable

to be rejected?

(4) Whether Party II proves that Party I has no

right to raise the dispute since it does not

represent majority of the workmen nor a

substantial Section?”

10. It is also a matter of record that my

predecessor by Order dated 24-1-1995, answered

preliminary issues No. 2, 3 and 4 in the negative

and has held that the employer has failed to prove

that since the workmen had accepted 8.33% bonus

for the year 1990-91, industrial dispute did not exist

and that the demand for bonus is not espoused by

substantial number of workmen or that the Party I

has no right to raise the dispute. The only issue

therefore yet to be decided is issue No. 1.

11. In the course of evidence, the Party I

examined Shri John Rego as witness No. 1 and

produced on record Annual Report for the period

1990-91 at Exh. W-1, copy of letter dated

23-10-1991 raising dispute at Exh. W-2, a copy of

letter dated 14-11-1991 at Exh. W-3, a copy of letter

dated 29-11-1991 at Exh. W-4, a copy of letter dated

29-11-1991 at Exh. W-5, a copy of letter dated

4-12-1991 at Exh. W-6, a copy of letter dated

5-12-1991 at Exh. W-7, a copy of letter dated

27-02-1992 at Exh. W-8, a copy of letter dated

23-03-1992 at Exh. W-9, a copy of letter dated

9-4-1992 at Exh. W-10. The Party I also examined

Shri Joaquim Gomes as witness No. 2. On the other

hand, the Party II examined Shri Ishwar B.

Muchandi as witness No. 1 and produced on record

a copy of computation of gross profit for the

accounting year ending 31-3-1999 at Exh. 44 and a

copy of Income Tax Department receipt submitting

the returns for the assessment year 1991-92 along

with encl. at Exh. 45 colly.

12. Heard arguments. Notes of Written

arguments came to be placed on record by Party I

as well as 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 Affirmative.

Issue No. 4

…

As per Final order.

REASONS

Issue No. 1 and 4:

14. Discernibly, Section 11 of Payment of Bonus

Act postulates payment of maximum bonus which

reads as follows: (1) Where in respect of any

accounting year referred to in Section 10, the

allocable surplus exceeds the amount of minimum

bonus payable to the employees under that Section,

the employer shall, in lieu of such minimum bonus,

be bound to pay to every employee in respect of

that accounting year bonus which shall be an

amount in proportion to the salary or wage earned

by the employee during the accounting year

subject to a maximum of twenty per cent of such

salary or wage; (2) In computing the allocable

surplus under this Section, the amount set on or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

536

the amount set off under the provisions of Section

15 shall be taken into account in accordance with

the provisions of that Section. Section 2(4)(a) of the

Act defines ‘allocable surplus’ as (a) in relation to

an employer, being a company [(other than a

banking company)] which has not made the

arrangements prescribed under the Income-Tax Act

for the declaration and payment within India of

the dividends payable out of its profits in

accordance with the provisions of Section 194 of

that Act, sixty-seven per cent of the available

surplus in an accounting year; (b) in any other

case, sixty per cent of such available surplus.

15. To calculate allocable surplus and to further

identify whether the employer is liable for payment

of maximum bonus, a series of calculations are to

be made under the Act, namely gross profits have

to be calculated under Section 4 of the Act. Gross

profits derived by an employer from an

establishment in respect of any accounting year

shall be computed (a) in the case of a banking

company, in the manner specified in the ‘First

Schedule’; (b) in any other case, in the manner

specified in the ‘Second Schedule’ and under

Section 5, computation of ‘available surplus’ in

respect of any accounting year shall be the ‘gross

profits’ for that year after deducting therefrom the

sums referred to in Section 6. In short, the employer

has to pay ‘maximum bonus’ of 20% under Section

11 of the Act for any accounting year, if in that

year, the ‘allocable surplus’, defined under the Act

to mean 60% of the ‘available surplus’ exceeds the

amount of ‘minimum bonus’ which is 8.33% under

Section 10 of the Act, payable to the employees.

16. Admittedly, the Party I paid the minimum

bonus @ 8.33% to its employees whereas they are

claiming maximum bonus @ 20% under the

Payment of Bonus Act. The bone of contention

between the parties is that workmen are paid less

bonus than they are entitled to, which is 20% in

terms of law for the accounting year 1990-91. The

Party II has produced on record the computation of

‘gross profits’ as per Exh. 44 purportedly under

Second Schedule of the Act and for the purpose of

convenience, it is reproduced as follows:

Item

Particulars

Amount of

Remarks

No.

sub-items

main items

Rs.

Net profit as per Profit and Loss Account

(-)71,97,115

Add back provision for:

(a) Bonus to employees

2,43,564

(b) Depreciation

for previous accounting years

[(d) Development rebate/Investment allowance/

/Development allowance reserve.]

(e) Any other reserve

Total of item No. 2

2,43,564

Add back also:

(a) Bonus paid to employees in respect of previous

accounting years

(aa) ................................

(i) ....................

(ii) ...................

(b) ...................................

(d) Capital expenditure (other than capital expendi-

ture on scientific research which is allowed as

a deduction under any law for the time being

in force relating to direct taxes) and capital

losses (other than losses on sale of capital assets

on which depreciation has been allowed for

income-tax or agricultural income-tax)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

537

(e) ......................

Total of item No. 3

Nil

4. Add also income, profits or gains (if any) credited

directly to reserves, other than–

(i) ....................

(ii) ...................

(iii) ...................

Net total of item No. 4

Nil

5. Total of item Nos. 1, 2, 3, and 4

(-)69,53,551

6. Deduct:

(a) Capital receipts and capital profits (other than

profits on the sale of assets on which depreciation

has been allowed for income-tax or agricultural

income-tax)

(b) .................................

(d) Expenditure of losses (if any) debited directly

to reserves, other than–

(i) Capital expenditure and capital losses (other

than losses on sale of capital assets on which

depreciation has not been allowed for income-

-tax or agricultural income-tax;

(ii) ...............

(e) ......................

(f) .....................

(g) .....................

Total of item No. 6

Nil

7. Gross profit for purpose of bonus (item No. 5

(-)69,53,551

minus item No. 6)

17. There is no dispute that as per Sr. No. 3(d)

above, the Capital expenditure has to be added

back to the net profits while calculating gross

profits. A sum of Rs. 2,39,70,020.58 is reflected

in the Annual Report for the year 1990-91 at

Exh. W-1 as Capital work in progress (expansion)

and the management witness, Shri Ishwar

Muchandi has admitted in the cross examination

that the said sum appearing at Sr. No. 6 at page

2 at Exh. W-1 is a Capital expenditure. Ld. Adv.

Shri S. P. Gaonkar has submitted that Party II has

not added back the said capital expenditure as per

Sr. No. 3(d) to the net profits while computing the

gross profits and the calculation given at Exh. 44

as per Second Schedule under Section 4(b) is wrong

and it has purposely not added up in order to

avoid payment of maximum bonus for the

accounting year 1990-91 as the allocable surplus

exceeds the amount of minimum bonus of 8.33%

under Section 10 payable to the employees. He

further submitted that the first and the most

commonly applied test is to see whether the

expenditure brings into existence an asset or

advantage of enduring nature. When a person

constructs or purchases a building, he acquires an

asset and the expenditure on such acquisition or

construction would be a capital expenditure.

Similarly, when he incurs expenditure on addition

or alteration in a building which enhances its

value, the expenditure can again be of a Capital

nature. The additions to capital work being in the

nature of expansion of building, etc. are capital

expenditure and are therefore required to be added

back.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

538

18. Per contra, Ld. Adv. Shri G. B. Kamat for

Party II has submitted that the Party II has strictly

complied with the methodology of calculations

under the said Act and there being no allocable

surplus whatsoever as per the Second Schedule at

Exh. 44, the Party II has rightly paid the statutory

bonus @ 8.33% and that the claim for additional

bonus is unjustified. He further submitted that the

Party II had incurred a loss of Rs. 71,97,115/- as

indicated in the Profit and Loss account for the

accounting year 1990-91 and in support thereof,

the Party II relied upon the Annual Report for the

year 1990-91 at Exh. W-1. He further submitted

that the said Annual Report provides for Balance

Sheet and Profit and Loss account of Party II which

is duly audited by the auditors appointed by Party

II, which shows that account had been drawn up

in conformity with law. The Annual Report clearly

shows that the Party II incurred the above loss

which was base figure for determining the gross

profits as per Section 4 of the Act and from the

document at Exh. 44, it is clear that the gross profits

for the year 1990-91 was (-) Rs. 69,53,551/-. There is

therefore no allocable surplus available for the year

1990-91 and hence, the Party II paid minimum bonus

@ 8.33% for the accounting year 1990-91 in terms

of Section 10 of the Act.

19. It is claimed by the Party I that the Party II

has inflated the expenditure and purposely shown

losses in the accounts. There is no dispute that the

expenditure which is addition during the year of

Rs. 2,39,70,020.58 reflected in Annual Report for

the financial year 1990-91 on page 22 at Exh. W-1

is the Capital expenditure as the said expenditure

brings into existence an asset or an advantage of

enduring nature as when a company constructs or

purchases a building or plant and machinery and

equipments, it acquires an asset and expenditure

on such acquisition or construction would be a

capital expenditure. Similarly, when he incurs

expenditure on addition or alteration in a building

which enhances its value, the expenditure can

again be of a capital nature. The Annual Reports

at page 13 of Exh. W-1 also indicates an amount of

Rs. 2,58,77,370.36 as Capital work in progress under

the head ‘fixed assets’. Moreover, in the financial

year of 1990-91 an amount of Rs. 1,21,28,420.09 was

spent on Buildings under construction; Rs.

11,90,966.76 on Plant and Machinery (under

construction); Rs. 24,65,951.45 on Construction and

Engg. Materials; Rs. 5,17,103.04 on Construction

Equipments; Rs. 47,99,610.40 on Advances to

suppliers and others and Rs. 19,41,445.84 on

Incidental Expenditure during Construction

(Pending Allocation & Capitalization), Consultancy

Fees, Legal & Financial Charges, etc. It is therefore

clear that the amounts shown in the Annual

Report on page 22 at Exh. W-1 is the Capital

expenditure.

20. Ld. Adv. Shri G. B. Kamat has however

submitted that the incidental expenditure shown

at Sr. No. 6 of Schedule ‘F’ at page 22 of Exh. W-1

were pending allocation and capitalization during

the year 1990-91 and that the said expenditure

was allocated and capitalized in the subsequent

years as and when the projects were completed

and the said expenses are not charged to Profit

and Loss Account and hence the question of

adding the sum of Rs. 2,39,70,020.58 to the gross

profits as contended by Party I does not arise as

Party I has failed to show that in fact said sum was

charged to Profit and Loss Account for the year

ending 1990-91. However, as rightly submitted by

Ld. Adv. Shri S. P. Gaonkar for the Party I as per Sr.

No. 3(d) of the Second Schedule, Capital

expenditure has to be added back to the net profits,

while calculating gross profits. The Annual Report

for the year 1990-91 clearly shows that the Capital

expenditure for the said year was Rs. 2,39,70,020.58.

21. Shri Ishwar Muchandi, has stated on page 14

of the cross examination that the incidental

expenditure at Sr. No. 6 were pending allocation

and capitalization during the year 1990-91 and that

the said expenditure are not charged to Profit and

Loss Account as expenditure. Nonetheless, on the

same page, he has admitted that the figure of

Rs. 2,58,77,370.36 which is the total balance as on

31-12-1991 in Schedule ‘F’ is shown at page 13 in

the Balance Sheet on assets side under item

No. (B), (Capital work in progress) of fixed assets,

which is indication of the fact that the said amount

has been allocated and capitalized in the Balance

Sheet for the year ending 31-12-1991. Even, if the

incidental expenditure as shown in Sr. No. 6 on

page 22 of Exh. W-1 is excluded on the ground

that it is not charged to Profit and Loss Account

as stated by Shri Ishwar, the amount of

Rs. 2,11,02,051.74 towards addition of Capital

expenditure at Sr. No. 1 to 5 of Exh. W-1 would

have to be considered as Capital expenditure,

which is required to be added under Second

Schedule in terms of Section 4(b) of Payment of

Bonus Act.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

539

22. Needless to mention, if the Capital expenditure is added in Second Schedule, it would reflect as

under:

Item

Particulars

Amount of

Remarks

No.

sub-items

main items

Rs.

4 5

1. Net profit as per Profit and Loss Account

(-)71,97,115

2. Add back provision for:

(a) Bonus to employees

2,43,564

(b) Depreciation

for previous accounting years

[(d) Development rebate/Investment allowance/

/Development allowance reserve.]

(e) Any other reserve

Total of item No. 2

2,43,564

(-)69,53,551

3. Add back also:

(a) Bonus paid to employees in respect of previous

accounting years

(aa) ................................

(i) ....................

(ii) ...................

(b) ...................................

(d) Capital expenditure (other than capital expen-

2,11,02,051.74

diture on scientific research which is allowed

as a deduction under any law for the time

being in force relating to direct taxes) and

capital losses (other than losses on sale of

capital assets on which depreciation has been

allowed for income-tax or agricultural income-tax)

(e) ......................

Total of item No. 3

2,11,02,051.74

1,41,48,500.74

4. Add also income, profits or gains (if any) credited

directly to reserves, other than–

(i) ....................

(ii) ...................

(iii) ...................

Net total of item No. 4

5. Total of item Nos. 1, 2, 3, and 4

1,41,48,500.74

6. Deduct:

(a) Capital receipts and capital profits (other than

profits on the sale of assets on which depreciation

has been allowed for income-tax or agricultural

income-tax)

(b) .................................

(d) Expenditure of losses (if any) debited directly

to reserves, other than–

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

540

(i) Capital expenditure and capital losses (other

than losses on sale of capital assets on which

depreciation has not been allowed for income-

-tax or agricultural income-tax;

(ii) ...............

(e) ......................

(f) .....................

(g) .....................

Total of item No. 6

Nil

Gross profit for purpose of bonus (item No. 5

1,41,48,500.74

minus item No. 6)

4 5

23. It is therefore the ‘gross profits’ for the

purpose of bonus as shown in the above chart is

Rs. 1,41,48,500.74. The computation of gross profits

of Rs.(-) 69,53,551.00 at Exh. 44 prepared by Party II

is therefore incorrect. It needs no mention that as

per Section 5, the ‘available surplus’ would be the

amount of ‘gross profits’ for that year after

deducting therefrom the sums referred to in Section

6. There are no deductions to be made under

Section 6. The ‘available surplus’ as per Section 5

is 60% of the gross profits, which comes to

Rs. 84,89,100.44. Admittedly, if the ‘allocable

surplus’ exceeds amount of minimum bonus, the

workmen are entitled for maximum bonus of 20%.

The bonus paid to the workmen as per Second

schedule of Exh. 44 is Rs. 2,43,564/-. Shri Ishwar

Muchandi also admitted in the cross examination

that they have shown bonus to employees as

Rs. 2,43,564/- and they have got the said amount

from the books of account and also from the

attachment of income tax returns at Exh. 45 colly.

In any event, the burden of proof for items in Second

Schedule is upon the employer and Section 23 of

Payment of Bonus Act is a presumption only to

Balance Sheet and Profit and Loss Account and

not to the certificate of the auditors and therefore,

Second Schedule prepared by Party II cannot be

accepted. Be that as it may, the ‘allocable surplus’

which is the ‘gross profits’ for the purpose of bonus

as shown in the above chart of Rs. 1,41,48,500.74

exceeds the amount of minimum bonus of

Rs. 2,43,564/- payable to the workmen. It is

therefore, the workmen are entitled for maximum

bonus of 20% under Section 11 of Payment of Bonus

Act, 1965. Hence, the workmen are entitled for the

relief claimed.

24. Ld. Adv. Shri G. B. Kamat for Party II has

submitted that it is nowhere the specific case of

Party I in the Claim statement or para 13 (h) thereof

that the said expenditure was in the nature of

capital expansion, which ought to have been

excluded while calculating bonus. There are no

pleadings in the claim statement regarding Capital

expenditure and what Party I has raised is

regarding nine items of expenses in Profit and Loss

Account for the year 1990-91 alleging that the same

were quite excessive on the higher side,

exaggerated and the said expenses were totally

unnecessary, which they have given up in the

written arguments and have only raised the issue

of Capital expenditure without there being any

pleadings. He further submitted that no issue has

been framed nor evidence has been led to find out

whether an item of expenditure is a revenue or

capital and therefore, unless specifically pleaded

and evidence led, the question of examining the

same did not arise at all and that, if there is no

pleading, there is no question of proving something

which is not pleaded and in support thereof, he

relied upon the case of Shankar Chakravarti vs.

Britania Biscuits Ltd., AIR 1979 SC 1652.

25. However, Ld. Adv. Shri S. P. Gaonkar for

Party I has submitted and rightly so that the Party

I at para 13 (h) on page 3 of the claim statement

has clearly pleaded that on account of giant hotel

expansion comprising 108 additional rooms,

restaurants, banquets constructed at an

astronomical costs has deprived the employees of

their legitimate 20% bonus for the accounting year

1990-91. The said para clearly mentions of capital

expenditure incurred by Party II. Moreover, the

Party I does not dispute the Annual Report

produced at Exh. W-1 with respect to Capital

expenditure towards addition to buildings, etc.

There also cannot be any dispute that in terms of

Second schedule, Capital expenditure should be

added back while computing ‘gross profits’ which

is mandatory and that being statutory mandate, it

need not be pleaded. Moreover, the question of

challenging the calculation by Party II in terms of

Exh. 44 does not arise as the calculation in Second

Schedule at Exh. 44 was produced only in the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

541

evidence, in which Capital expenditure has not

been shown, although in their Annual Report, the

Capital expenditure has been reflected as

expenditure towards additional buildings, Plant

and Machinery, etc.

26. The reliance placed on the case of Shankar

Chakravathi, supra by Ld. Adv. Shri Kamat for Party

II claiming that a contention has to be specifically

pleaded and then proved and if there is no

pleading, there is no question of proving something

which is not pleaded and the workmen must not

be allowed to take the plea at the belated stage

cannot be accepted, as the said case pertains to an

approval under Section 33(2)(b) of the Industrial

Disputes Act. Moreover, there are no statutory

calculations involved in approval cases and the

whole trial is on the basis of facts pleaded and

proved, unlike the cases of bonus under the

Payment of Bonus Act, 1965. A claim for bonus is

purely a matter of calculation by taking figures

from the Annual Report in terms of Second Schedule

of the Act and therefore, it is the duty of the

Tribunal to see whether the bonus is to be paid or

not as per Second schedule of the Payment of Bonus

Act. The entire Second schedule and the procedure

being statutory, there is no requirement to plead

figures which are available in the Annual Report

of the company. It is therefore, the above

submission of Ld. Adv. Shri G. B. Kamat is totally

misplaced.

27. There cannot be any dispute that liability to

pay bonus under the Act is time bound in terms of

Section 19 of the Payment of Bonus Act, 1965. The

Party I is therefore entitled for interest @ 8% p.a.

on the unpaid bonus from the accounting year

1990-1991 till actual payment for each workman

payable within 60 days of the publication of the

Award. The Party I having proved that their demand

for 20% bonus is just and legal, issue No. 1 and 4

are answered in the affirmative.

28. In the result, I pass the following:

ORDER

i. The above reference stands allowed.

ii. It is hereby held that the demand of the

workmen employed in M/s. Cidade de Goa,

Vaiguinim Beach, Dona Paula, Goa for 20%

bonus for the accounting year 1990-91, is

legal and justified.

iii. The Party II is directed to pay the unpaid

bonus of 11.67% to Party I workmen for the

accounting year 1990-1991 along with

interest @ 8% per annum from the

accounting year 1990-91 till actual

payment, within 60 days of the publication

of the Award.

iv. Inform the Government accordingly.

Sd/-

(Vincent D’Silva),

Presiding Officer,

Industrial Tribunal and

Labour Court.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

High Court of Bombay at Goa, Panaji

Order

No. HCB/GOA/G-P-70/2018

Read:

Date of retirement to be notified [See Rule

74 of Central Civil Services (Pension)

Rules, 1972].

Shri Ghanasham Mukund Redkar, Assistant

Registrar, High Court of Bombay at Goa, Panaji, shall

stand retired from service on 30th September, 2018,

on superannuation.

Sudhiir M. Deshpande,

Dated: 28th September, 2018. Registrar (Admin.).

________

Order

No. 2/65/2016-LD(Estt)/Part-II/1774

In view of sudden sickness of Shri Tushan G.

Kunkolienkar, Civil Registrar-cum-Sub-Registrar,

Satari, under orders of transfer, Smt. Soniya

Sidhyesh Halarnkar, Civil Registrar-cum-Sub-

-Registrar, Bicholim who is Link Officer is hereby

directed to hold charge of Office of Civil Registrar-

-cum-Sub-Registrar, Satari with effect from 3-9-2018.

Smt. Soniya Sidhyesh Halarnkar, Civil Registrar-

-cum-Sub-Registrar, Bicholim is hereby instructed

to do the testing of the National Generic Document

Registration System (NGDRS) online Software from

the Office of Civil Registrar-cum-Sub-Registrar,

Satari in addition to her duties as CRSR, Bicholim.

By order and in the name of the Governor of

Goa.

Diwan N. Rane, Under Secretary, Law (Estt.) (Link).

Porvorim, 1st October, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

542

Order

No. 8/20/2018-LD(Estt)/1813

A working group of following officers is hereby

constituted for determination of true market value

of the built up property in the State of Goa:-

1. Under Secretary (Revenue-I).

2. District Registrar (North Goa).

3. Executive Engineer, PWD Buildings.

4. Sr. Town Planner, Head Office, Town and

Country Planning Department.

TERMS OF REFERENCE

1. The Committee shall consider statement on

valuation on building submitted by the

Superintending Surveyor of Works, PWD,

Government of Goa vide letter No.1-8-05-/SSW-

-PWD/Vol-I/2018-19/374 dated 06-08-2018.

2. The Committee may modify or re-define the

statement to meet the requirements in the State

of Goa.

3. The Committee shall take into consideration the

planning norms, stamp duty structure,

registration fee structure and any other relevant

legislation in force in the State of Goa for

determination of valuation of the structure.

4. The Committee may take into account the record

of discussion held in this matter.

5. The Committee shall submit its report within

four weeks from its constitution.

Dharmendra Sharma, Chief Secretary/Law

Secretary.

Porvorim, 4th October, 2018.

———uuu———

Department of Mines

Directorate of Mines & Geology

Notification

No. 01/226/2012-MINES/PART-I/6625

Read: 1) Notification No. 01/226/2012-Mines/2328

dated 13-11-2012.

2) Notification No. 01/226/2012-Mines/2787

dated 18-01-2013.

In partial modification to Notifications read

above, Government of Goa hereby re-constitutes

the following committees namely:-

(A) North Goa District Committee:

1) Collector, North Goa District,

— Chairman.

Panaji-Goa

2) Junior Environmental Engineer,

— Member.

Goa State Pollution Control

Board

3) Assistant Geologist, Directorate — Member.

of Mines and Geology

4) Assistant Engineer, Water

— Member.

Resources Department

5) (a) Technical Representative,

— Member.

Department of Science &

Technology

(b) Technical Representative of

— Member.

Department of Environment

Secretary.

6) Associate Professor in Geology, — Member.

Department of Civil Engineering,

Goa College of Engineering,

Farmagudi, Ponda-Goa

7) (1) Shri Babani Madhu Salgaonkar, — Members.

Tarwada, Colvale, Bardez-Goa–

–Representative of local

community

(2) Shri Vishwas Naroji, Konadi,

Korgao, Pernem-Goa–

–Representative of Local

Civil Society

(B) South Goa District Committee:

1) Collector, South Goa District,

— Chairman.

Margao-Goa

2) Junior Environmental Engineer,

— Member.

Goa State Pollution Control

Board

3) Assistant Geologist, Directorate — Member.

of Mines and Geology

4) Assistant Engineer, Water

— Member.

Resources Department

5) (a) Technical Representative,

— Member.

Department of Science &

Technology

(b) Technical Representative of

— Member.

Department of Environment

Secretary.

6) Associate Professor in Geology, — Member.

Department of Civil Engineering,

Goa College of Engineering,

Farmagudi, Ponda-Goa

7) (1) Shri Sudhakar Joshi, Betul,

— Members.

Quepem, Goa – Representative

of Local Community

(2) Shri Govind Gaonkar, Mollem,

Dharbandora, Goa – Represen-

tative of Local Civil Society

By order and in the name of the Governor of

Goa.

Prasanna A. Acharya, Director/Addl. Secretary

(Mines & Geology).

Panaji, 10th October, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

543

Department of Personnel

—

Order

No. 7/13/2014-PER/2534

In pursuance to the posting Order No. 22011/1/

/2016-IFS-1 (AGMUT) dated 31-05-2018 of the

Government of India; Ministry of Environment,

Forest & Climate Change, New Delhi and relieving

Order No. 22/1/152-IH(4)-2018/18374 dated

04-09-2018 of the Department of Personnel,

Chandigarh; the Governor of Goa is pleased to post

Shri Santosh Kumar, IFS, (AGMUT:1993) as the

Additional Principal Chief Conservator of Forests

& Chief Wildlife Warden, with immediate effect.

Shri Santosh Kumar, IFS, has joined the Goa

administration on 17-09-2018 (BN), after availing

joining time of 12 days w.e.f. 05-09-2018 to

16-09-2018 and was awaiting posting.

By order and in the name of the Governor of

Goa.

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

Porvorim, 08th October, 2018.

Order

No. 22/11/2018-PER/2458

Read: Order No. 22/10/2018-PER dated 12-07-2018.

In pursuance to the Government of India,

Ministry of Home Affairs, New Delhi Order No.

14020/02/2018-UT-I dated 15-06-2018, the Governor

of Goa is pleased to appoint Shri Parmaditya, IPS

(AGMUT:2005), as Deputy Inspector General of

Police (Range), Goa and supervise function of SP

(North), SP (South), SP (Traffic), SP (Crime), Wireless

& Communication, SPCR, Head of SIT to investigate

mining related cases, with immediate effect, in

public interest.

Shri Jaspal Singh, IPS, IGP, is relieved from his

additional charge.

Shri Parmaditya, IPS, has reported for duty to

this Administration on 19-07-2018 (B.N.) after

availing joining time from 10-07-2018 to 18-07-2018.

By order and in the name of the Governor of

Goa.

Shashank V. Thakur, Under Secretary (Personnel-II).

Porvorim, 8th October, 2018.

———uuu———

Department of Public Grievances

Notification

No. 1/22/2013-14/DPG/GPGRAMS/III/1(2)/109

In exercise of the powers conferred by sub-sections (1) and (2) of Section 4 and Clause (b) of Section 2

of the Goa (Right of Citizens to Time-Bound Delivery of Public Services) Act, 2013 (Goa Act 19 of 2013),

read with Section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa

hereby further amends the Government Notification No. 1/22/2013-14/DPG/GPGRAMS/III/1(2)/1168 dated

21-12-2015, published in the Official Gazette, Series II No. 39 dated 24-12-2015 (hereinafter referred to as

the “principal Notification”), as follows, namely:-

In the Schedule to the principal Notification, for the existing entries against serial Nos. 60 to 63, the

following entries shall be substituted, namely:-

60.

Registration of Fishing Net

Deputy Director of

fifteen

Director of

Fisheries

days

Fisheries.

61.

Transfer of Fishing Net

Deputy Director of

fifteen

Director of

Fisheries

days

Fisheries.

62. Allotment of

Forwarding the application

Assistant Superintendent

seven

Director of

registration

to the Deputy Director of

of Fisheries/Superintendent days

Fisheries.

number of the

Fisheries

of Fisheries

non motorized/

/motorised

Submission of files to the

Deputy Director of

three

Director of

fishing canoe

Director of Fisheries

Fisheries

days

Fisheries.

Decision on the application

Director of Fisheries

five

Secretary of

days

Fisheries.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

544

63.

Issue of vessel

Forwarding the application

Assistant Superintendent

thirty

Director of

Registration

to the Deputy Director of

of Fisheries/Superintendent five

Fisheries.

Certificate (for

Fisheries

of Fisheries

days

fishing canoe

only to the

Submission of files

Deputy Director of

five

Director of

cases where

to Director of Fisheries

Fisheries

days

Fisheries.

registration

number is

Decision on the application

Director of Fisheries

twenty

Secretary of

allotted to the

days

Fisheries.

fishing canoe

(as per serial

No. 62)

This Notification shall come into force on the date of it’s publication in the Official Gazette.

By order and in the name of the Governor of Goa.

Shaila Bhosle, Under Secretary (Public Grievances).

Porvorim, 5th October, 2018.

________

Notification

No. 1/22/2013-14/DPG/GPGRAMS/108

In exercise of the powers conferred by sub-sections (1) and (2) of Section 4 and Clause (b) of Section

2 of the Goa (Right of citizens to Time-Bound Delivery of Public Services) Act, 2013 (Goa Act 19 of 2013),

read with Section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa

hereby further amends the Government Notification No. 1/22/2013-14/DPG/GPGRAMS/III/1(2) dated

08-04-2015, published in the Official Gazette, Series II No. 3 dated 16-04-2015 (hereinafter referred to as

the “principal Notification”), as follows, namely:-

In the Schedule to the principal Notification,—

(i) after the existing entry at serial No. 17, the following entries shall be inserted, namely:-

17A

New License to sell/

Assistant Agriculture Officer

three days

Director of

/stock/exhibit seeds

Agriculture.

Zonal Agriculture Officer

three days

Agriculture Officer/Deputy Director

five days

of Agriculture

Director of Agriculture

four days

17B

Renewal of Licence to

Assistant Agriculture Officer

three days

Director of

sell/stock/exhibit seeds

Agriculture.

Zonal Agriculture Officer

three days

Agriculture Officer/Deputy Director

five days

of Agriculture

Director of Agriculture

four days

17C

New Licence to sell/

Agriculture Officer (fertilizer)

five days

Director of

/stock/exhibit fertilizer

Agriculture.

by a Dealer

Deputy Director of Agriculture

five days

Director of Agriculture

five days

17D

Renewal of licence to

Agriculture Officer (fertilizer)

five days

Director of

sell/stock/exhibit

Agriculture.

fertilizer by a Dealer

Deputy Director of Agriculture

five days

Director of Agriculture

five days

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

545

17E

Certificate of New

Agriculture Officer (fertilizer)

five days

Director of

Registration for

Agriculture.

manufacturing physical/

/granulated mixture

of macro and micro

Deputy Director of Agriculture

five days

nutrient fertilizers

(chemical), Organic

Director of Agriculture

five days

fertilizers and Bio

fertilizers

17F

Renewal of Certificate for

Agriculture Officer (fertilizer)

five days

Director of

manufacturing physical/

Agriculture.

/granulated mixture of

macro and micro nutrient

Deputy Director of

five days

fertilizers (chemical),

Agriculture

Organic fertilizers and

Director of Agriculture

five days

Bio fertilizers

17G

Licence to manufacture

Agriculture Officer (Plant Protection)

five days

Director of

insecticides/pesticides

Agriculture.

Deputy Director of Agriculture

five days

Director of Agriculture

five days

17H

Licence to sell/stock/

Assistant Agriculture Officer

three days

Director of

/exhibit insecticides/

Agriculture.

/pesticides by a Dealer

Zonal Agriculture Officer

three days

Agriculture Officer/Deputy Director

five days

of Agriculture

Director of Agriculture

four days

17I

Licence to stock and

Assistant Agriculture Officer

three days

Director of

use insecticide/pesticide

Agriculture.

for Pest Control Operations Zonal Agriculture Officer

three days

Agriculture Officer/Deputy Director

five days

of Agriculture

Director of Agriculture

four days

17J

Renewal of Licence to

Assistant Agriculture Officer

three days

Director of

stock and use insecticide/

Agriculture.

/pesticide for Pest Control

Zonal Agriculture Officer

three days

Operations

Agriculture Officer/Deputy

five days

Director of Agriculture

four days

(ii) for the entry against serial No. 167, the following entry shall be substituted namely:-

167

No objection certificate

Deputy Town Planner/Town

fifteen days

Chief Town

under Section 49(6) of

Planner/Senior Town Planner

Planner

the Goa, Daman and

in charge of the Taluka

(Administra-

Diu Town and Country

tion).

Planning Act, 1974

(Act 21 of 1975)

This Notification shall come into force from the date of it’s publication in the Official Gazette.

By order and in the name of the Governor of Goa.

Shaila Bhosle, Under Secretary (Public Grievances).

Porvorim, 5th October, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

546

Department of Public Health

Order

No. 38/11/2005-I/PHD/2473

Government is pleased to constitute the

“Hospital Visiting Committee for the Primary

Health Centre Sankhali” under the Directorate of

Health Services comprising of the following

Members:-

1. Dr. Saroj Desai

Chairman.

2. Dr. Navnath Bhatikar

Vice-Chairman.

3. Dr. Vinayak Karpe

Member.

4. Mr. Devidas Gawas

Member.

5. Mr. Avdut Dhond

Member.

6. Mr. Shashikant Narvekar

Member.

7. Mr. Shankar Ghadi

Member.

8. Mr. Jaga Gaonkar

Member.

9. Mr. Vithal Gawas

Member.

10. Mr. Ramchandra Naik

Member.

11. Health Officer, PHC, Sankhali Member

Secretary.

The terms of reference of the above Committee

shall be as under:

1. The Committee shall visit the Hospital once

in a month and entertain complaints from the

patients, if any and forward the same to the

Directorate of Health Services.

2. The Committee shall make suggestions for

improvement in functioning of the Hospital.

3. Any other matter to be referred by Hon.

Minister for Health.

By order and in the name of the Governor of

Goa.

Maria Seomara De Souza, Under Secretary

(Health).

Porvorim, 27th September, 2018.

_________

Order

No. 38/11/2005-I/PHD/2474

Government is pleased to constitute the

“Hospital Visiting Committee for the Primary

Health Centre Bicholim” under the Directorate of

Health Services comprising of the following

Members:-

1. Mr. Avdhut Kadkade

Chairman.

2. Mr. Ajit Birje

Vice-Chairman.

3. Mr. Rama Naik

Member.

4. Mr. Vijay Kumar Natekar

Member.

5. Mr. Gurudatta K. Pal

Member.

6. Mr. Suryakant Mayekar

Member.

7. Mr. Srikant Narolkar

Member.

8. Mr. Anthony Dias

Member.

9. Mr. Vishwas Gawas

Member.

10. Mrs. Chaitanya K. Teli

Member.

11. Health Officer, PHC, Bicholim

Member

Secretary.

The terms of reference of the above Committee

shall be as under.:

1. The Committee shall visit the Hospital once

in a month and entertain complaints from the

patients, if any and forward the same to the

Directorate of Health Services.

2. The Committee shall make suggestions for

improvement in functioning of the Hospital.

3. Any other matter to be referred by Hon.

Minister for Health.

By order and in the name of the Governor of

Goa.

Maria Seomara De Souza, Under Secretary

(Health).

Porvorim, 27th September, 2018.

________

Order

No. 4/16/2002-II/PHD/Vol. I/3762

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/30(2)/2015/198 dated 07-09-2018,

Government is pleased to promote Dr. Deepa B.

Karmali, Lecturer to the post of Assistant Professor

in the Department of Obst. & Gynaecology in Goa

Medical College and Hospital, Bambolim on regular

basis in the Level 11 of Pay Matrix and other

allowances to be fixed as per rules with immediate

effect.

The promotion is made against the vacancy

occurred due to acceptance of resignation tendered

by Dr. Uddhav Pawar, Assistant Professor in the

Department of Obst. & Gynaecology, Goa Medical

College vide Order No. 2/7/2006-II/PHD dated

16-10-2017.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 03rd October, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

547

Order

No. 38/78/2018-I/PHD/2521

Government is pleased to constitute the “District

Level Zoonosis Committee” comprising of the

following Members:-

1. District Magistrate

.... Chairperson.

2. Medical Superintendent,

.... Member.

District Hospital

3. District Veterinary Officer

.... Member.

4. Representative from Forest

.... Member.

Department

5. Representative of Food and

.... Member.

Drugs Administration

6. District Nodal Officer

.... Member.

(Animal Disease Surveillance),

Animal Husbandry Department

7. District Surveillance Officer .... Member

(DSO), Integrated Disease

Secretary.

Surveillance Programme

(IDSP), Directorate of Health

Services

The terms of reference of the above Committee

shall be as under:-

To advise to various facts of the work on

Zoonosis in the District and list zoonoses

infections/diseass according to priority and

importance under the various heads like

bacterial, viral, fungal, parasites and protocol

to enable the scientists in the field to tackle

the problem on a priority basis.

To work in liaison with State Level Committee

to formulate the terms of reference and

modus-operandi

for

developing

the

networking between various sectors viz.

medical, veterinary and allied departments/

/institutions.

To review the burden of priority zoonotic

disease prevalent in the District and advice

the respective District Authorities on specific

measures to be taken for prevention and

control of zoonotic diseases.

To monitor the progress of efforts undertaken

by respective authorities for prevention and

control of emerging and remerging zoonotic

diseases.

Co-ordination with the District Level Rapid

Response Team (RRT) for control of zoonotic

diseases in the district.

To advise regarding the location and

requirement of special laboratories at the

State or regional level for diagnosis of selected

zoonotic diseases.

To advise the respective authorities for

capacity building and joint training of medical

and veterinary professionals.

The Committee will normally hold its meeting

atleast twice a year.

The expenditure on TA/DA of the members of

the Committee shall be met from the source

from which their pay and allowances are

drawn.

By order and in the name of the Governor of

Goa.

Maria Seomara De Souza, Under Secretary

(Health).

Porvorim, 1st October, 2018.

———uuu———

Department of Revenue

Order

No. 30/1/2005-RD (Part)/1882

Ref.: Order No. 30/1/2005-RD (Part) dated 04-06-2015.

In partial modification of the Order No. 30/1/2005-RD (Part) dated 04-06-2015, the Government of Goa

is pleased to re-designate the following officers of the Directorate of Settlement & Land Records, Panaji

in the State of Goa, as Public Information Officers/Assistant Public Information Officers and First Appellate

Authority as required under Section 5 of the Right to Information Act, 2005 with immediate effect.

Sr.

Name of the

Designation of the

Designation of

Designation of First

No.

Department &

Public Information

the Assistant Public

Appellate Authority

Sub-ordinate Offices

Officer

Information Officer

Directorate of Settlement

Superintendent of

Assistant Survey

Dy. Director (Admn.).

and Land Records,

Survey & Land Records,

& Settlement

Panaji

Officer, Panaji

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

11TH OCTOBER, 2018

548

Office of the Inquiry

Inspector of Survey

Head Surveyor

Superintendent, North,

Officer,City Survey,

and Land Records,

Panaji.

Panaji and Office of

City Survey, Panaji

the Record of Rights,

and Record of Rights,

North, Panaji

Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, North,

of Survey and Land

Land Records, Tiswadi

Panaji.

Records, Tiswadi

Office of the Inspector

Inspector of Survey and

Supervisor

Superintendent, North,

of Survey and Land Records,

Land Records, Bardez

Panaji.

Bardez Taluka and Office

Taluka and City Survey,

of the Inspector of Survey

Mapusa

and Land Records, City

Survey, Mapusa

Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, North,

of Survey and Land

Land Records, Pernem

Panaji.

Records, Pernem

Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, North,

of Survey and Land

Land Records, Bicholim

Panaji.

Records, Bicholim

Office of the Superintendent

Superintendent

Inspector of

Dy. Director (Admn.).

of Survey and Land

Survey and Land

Records, Margao

Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, South,

of Survey and Land Records,

Land Records, City

Margao.

City Survey, Margao and

Survey, Margao and

Office of the Inspector of

Record of Rights, South,

Survey and Land Records,

Margao

Record of Rights, South,

Margao

Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, South,

of Survey and Land Records,

Land Records,

Margao.

Mormugao, and Office of

Mormugao and

the Inspector of Survey

City Survey, Vasco

and Land Records, City

Survey, Vasco

10. Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, South,

of Survey and Land

Land Records, Quepem

Margao.

Records, Quepem

11. Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, South,

of Survey and Land

Land Records, Ponda

Margao.

Records, Ponda

12. Office of the Inspector

Inspector of Survey and

Head Surveyor

Superintendent, South,

of Survey and Land

Land Records, Canacona

Margao.

Records, Canacona

By order and in the name of the Governor of Goa.

Sudin A. Natu, Under Secretary (Revenue-I).

Porvorim, 3rd October, 2018.

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE–Rs. 18.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—216/150–10/2018.