2437

Panaji, 10th January 2019 (Pausa 20, 1940)

SERIES I No. 41

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF GOA

NOTE

There is one Extraordinary issue to Official Gazette, Series I No. 40 dated 3-1-2019, namely, Extraordinary dated

4-1-2019 from pages 2435 to 2436, Not. No. 1-49-2018-19/DSSL/Part/2053 regarding the Monthly Lottery Scheme from

Department of Finance (Revenue & Control Division).

INDEX

Department

Notification/Order

Subject

Pages

1.a. Information & Publicity

Ord.- DI/ADMN/AMR/2017-18/

Creation of posts.

2437

Director

/18-19/4818

b. —do—

Ord.- DI/ADMN/AMR/2017-18/

Final sanctioned staff strength.

2438

/18-19/4817

2. Labour

Not.- 24/44/2018-LAB/13

Issue of Identity Card in Smart Card Form.

2440

Under Secretary

3. Law & Judiciary

Not.- 10/8/2017-LA-148

The Indian Institutes of Management

2441

Under Secretary

Act, 2017.

4. Mines

Not.- DMG/MMDR/DMF/01/

Goa District Mineral Foundation (Trust)

2459

Dir. & ex officio Addl. Secy.

/2015/7633

Rules, 2018.

5. Transport

Not.- D.Tpt/Est/2375/2019/109

Fares chargeable by the operators of Stage

2468

Dir. & ex officio Addl. Secy.

Carriages/City Buses plying in the State of Goa.

6. Women and Child Dev.

Not.- 1-981-Writ Pet (C) 565 of 2012

The Goa Compensation Scheme for Women

2468

Dir. & ex officio Joint Secy.

-DWCD-2018-Part I

Victims/Survivors of Sexual Assault/other

Crimes, 2018.

Department of Information and Publicity

Order

DI/ADMN/AMR/2017-18/18-19/4818

Sanction of the Government is hereby accorded for creation of the following posts as per the

details shown below:–

Sr. No.

Designation of the Post

Pay Scale

No. of posts created

Non-Ministerial (Non-Lapsable) Posts

Assistant Accounts Officer

Rs. 44900/-

Level 7

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

10TH JANUARY, 2019

2438

Ministerial (Lapsable) Posts

Lower Division Clerk

Rs. 19900/-

Level 2

Total

2. The expenditure on the creation of above posts would be met from the Budget Head

mentioned against the posts:

1. Assistant Accounts Officer:

2220—Information & Publicity; 01—Films;

001—Direction & Administration;

01—Department of Information & Publicity (NP);

01—Salaries.

2. Lower Division Clerk:

2220—Information & Publicity; 60—Others;

106—Field Publicity; 01—Field Publicity (NP);

01—Salaries.

3. As per the recommendation and approval of the High Level Empowered Committee

(H.L.E.C.), the following posts shall stand abolished, upon superannuation/retirement of the

incumbent or upon the post falling vacant (for whatever reasons),

Sr. No.

Designation of the post

Name of the Official

Remarks

[Non Ministerial

holding the post

(Non Lapsable) posts]

TV Technician (1 post)

Shri Carmo Lazaro Dias

Cinema Operator cum

Record Keeper (1 post)

Shri Antonio Mathew Bocarro

Radio cum T. V. Mechanic (2 posts)

1. Shri Sudhakar Vithoba Faldesai

2. Shri Kamlakar Parwar

Note: The existing strength of Drivers shall be continued, until further assessment of the vehicle fleet and requirement

of the department, and any vacancies arising during the interim period shall not be filled up on regular basis.

4. This issues with the approval of the High Level Empowered Committee (H.L.E.C.)

constituted with the approval of the Council of Ministers in the XXth meeting held on 8-11-2017

vide Order No. 1/1/2017-Addl. Secy(PER) dated 22-11-2017 issued by Department of Personnel.

5. Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed vide letter No.

9/10/HLEC/2018-ARD/235 dated 16-08-2018, issued by the Department of Administrative

Reforms, Secretariat.

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

Gurudas P. Pilarnekar, Director (Information & Publicity).

Panaji, 7th January, 2019.

————

Order

DI/ADMN/AMR/2017-18/18-19/4817

In supersession of all the previous orders for creation/revival/re-designation/upgradation of

the various posts, Government is pleased to indicate the final sanctioned staff strength of the

Department including Goa State Information Commission as under for the next five years:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

10TH JANUARY, 2019

2439

Sr. No.

Designation of the Post

Pay Scale

Sanctioned

Strength

Non-Ministerial (Non-Lapsable) Posts

Director

Rs. 67700/- Level 11

Jt. Director

Rs. 56100/- Level 10

Information Officer

Rs. 44900/- Level 7

Assistant Information Officer

Rs. 35400/- Level 6

Assistant Accounts Officer

Rs. 44900/- Level 7

Videographer

Rs. 35400/- Level 6

Accountant

Rs. 35400/- Level 6

Information Assistant

Rs. 29200/- Level 5

Translator (Marathi)

Rs. 29200/- Level 5

10.

Translator (Konkani)

Rs. 29200/- Level 5

11.

Photographer

Rs. 29200/- Level 5

12.

T. V. Technician

Rs. 29200/- Level 5

(post to be

abolished

once vacant)

13.

Cinema Operator cum Record Keeper

Rs. 25500/- Level 4

(post to be

abolished

once vacant)

14.

Radio cum T. V. Mechanic

Rs. 25500/- Level 4

(posts to be

abolished

once vacant)

15.

Artist

Rs. 25500/- Level 4

16.

Photo Recorder

Rs. 19900/- Level 2

Ministerial (Lapsable) Posts

17.

Section Officer

Rs. 44900/- Level 7

18.

Office Superintendent

Rs. 44900/- Level 7

19.

Head Clerk

Rs. 35400/- Level 6

20.

Senior Stenographer

Rs. 35400/- Level 6

21.

Jr. Steno (English)

Rs. 25500/- Level 4

22.

Jr. Steno (Marathi)

Rs. 25500/- Level 4

23.

Upper Division Clerk

Rs. 25500/- Level 4

24.

Lower Division Clerk

Rs. 19900/- Level 2

25.

Devnagari Typist cum LDC

Rs. 19900/- Level 2

26.

Driver

Rs. 19900/- Level 2

27.

Multi Tasking

Rs. 18000/- Level 1

Total:

As per the recommendation and approval of the High Level Empowered Committee (H.L.E.C.),

the following posts shall stand abolished, upon superannuation/retirement of the incumbent

or upon the post falling vacant (for whatever reasons).

Sr. No.

Designation of the post

Name of the Official holding

Remarks

[Non Ministerial (Non

the post

Lapsable) posts]

T. V. Technician

1. Shri Carmo Lazaro Dias

Post to be abolished on

superannuation of the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

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2440

Cinema Operator cum

1. Shri Antonio

present incumbents/

Record Keeper

Mathew Bocarro

/vacancy of the posts

Radio cum T. V. Mechanic

1. Shri Sudhakar Vithoba Faldesai

2. Shri Kamlakar Parwar

Note: The existing strength of Drivers shall be continued, until further assessment of the vehicle

fleet and requirement of the department, and any vacancies arising during the interim period shall not be

filled up on regular basis.

This issues with the approval of the High Level Empowered Committee (H.L.E.C.) constituted

with the approval of the Council of Ministers in the XXth meeting held on 8-11-2017 vide Order

No. 1/1/2017-Addl. Secy(PER) dated 22-11-2017 issued by Department of Personnel.

5. Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed vide letter

No. 9/10/HLEC/2018-ARD/235 dated 16-08-2018 issued by the Department of Administrative

Reforms, Secretariat.

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

Gurudas P. Pilarnekar, Director (Information & Publicity).

Panaji, 7th January, 2019.

———ttt———

Department of Labour

Notification

24/44/2018-LAB/13

In pursuance of sub-section (2) of section 3

of the Goa Employment (Conditions of Service)

and Retirement Benefit Act, 2001 (Goa Act 35

of 2001) and in supersession of Government

Notification No. CL/P.A./(107)/2001/4152 dated

20-9-2001, published in the Official Gazette,

Extraordinary No. 3, Series I No. 25, dated

21-9-2001, the Government of Goa hereby

notifies that the identity card to be issued by

the competent authority shall be in the form of a

Smart Card and its size shall be 8 c.m. x 5 c.m.

with photograph and particulars of the

workmen in electronic chip giving the

following details of the workman, namely:—

(1) Application number.

(2) Full name including first name, middle

name and last name.

(3) Complete current address.

(4) Complete permanent address.

(5) Gender.

(6) Date of Birth.

(7) Email-ID.

(8) Mobile number.

(9) Marital Status.

(10) Number of years of residence in Goa.

(11) Number of years of residence of his spouse

in Goa.

(12) Guardian’s/Father’s/Mother’s name.

(13) Religion.

(14) Caste (Other Backward Class/Schedule Caste/

/Schedule Tribes/General).

(15) Issuing Authority of the Caste Certificate with

date and other details.

(16) Aadhaar Card details.

(17) Bank details.

(18) Physical attributes (Height, Weight).

(19) If differently abled, details.

(20) Status of employment.

(21) Mother tongue.

(22) Family income.

(23) Government service retiree/son or daughter

of freedom fighter/sports person.

(24) Employment Exchange Registration details.

(25) Employed or un-employed.

(26) Total working experience.

(27) Working sector with employer details.

(28) Work profile.

(29) Salary details.

(30) Employees State Insurance, Provident Fund,

Health Card numbers.

(31) Education Qualifications/details.

(32) Medium of Education.

(33) Nature of Course.

OFFICIAL GAZETTE — GOVT. OF GOA

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2441

(34) Grade/Percentage obtained.

(35) Certificate course details/skilled set

achieved.

(36) Reference persons details.

(37) Nominee details.

(38) Payment details.

The Government further notifies that the

Identity Card in the above details shall be

issued in one single color.

This Notification shall came into force with

immediate.

By order and in the name of the Governor

of Goa.

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

Porvorim, 2nd January, 2019.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

—

Notification

10/8/2017-LA-148

The Indian Institutes of Management Act,

2017 (Central Act No. 33 of 2017), which has

been passed by Parliament and assented to

by the President on 31-12-2017 and published

in the Gazette of India, Extraordinary, Part II,

Section 1 dated 31-12-2017, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 14th June, 2018.

________

THE INDIAN INSTITUTES OF

MANAGEMENT ACT, 2017

CHAPTER I

Preliminary

Sections

1. Short title and commencement.

2. Declaration of certain institutions as institutions

of national importance.

3. Definitions.

Sections

CHAPTER II

The Institutes

4. Incorporation of Institutes.

5. Effect of incorporation of institutions.

6. Objects of Institutes.

7. Powers and functions of Institute.

8. Institutes to be open to all irrespective of sex, race,

creed, caste or class.

9. Institute to be not-for-profit legal entity.

CHAPTER III

The Authorities of Institutes

10. Board of Governors.

11. Powers and functions of Board.

12. Term of office of, vacancies among, and

allowances payable to members of Board.

13. Resignation of Chairperson.

14. Academic Council.

15. Power and functions of Academic Council.

16. Director.

17. Initiation of inquiry.

18. Custodian of records, etc.

19. Role of members of Society.

20. Committees and other authorities.

CHAPTER IV

Accounts and Audit

21. Grants by Central Government.

22. Fund of Institute.

23. Accounts and audit.

24. Books of account to be maintained by Institute.

25. Appointment of auditors.

26. Annual report of Director.

27. Board to consider statement of accounts.

28. Annual report of Institute.

CHAPTER V

Co-ordination Forum

29. Establishment of Co-ordination Forum.

30. Functions of Co-ordination Forum.

CHAPTER VI

Miscellaneous

31. Acts and proceedings not to be invalidated by

vacancies, etc.

32. Returns and information to be provided to

Central Government.

33. Institute to be public authority under Right to

Information Act.

OFFICIAL GAZETTE — GOVT. OF GOA

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2442

Sections

34. Power of Central Government to make rules.

35. Power to make regulations.

36. Ordinances how made.

37. Rules and regulations to be laid before

Parliament.

38. Power to remove difficulties.

39. Transitional provisions.

THE SCHEDULE.

————

THE INDIAN INSTITUTES OF

MANAGEMENT ACT, 2017

ACT

to declare certain Institutes of management

to be institutions of national importance

with a view to empower these institutions

to attain standards of global excellence in

management, management research and

allied areas of knowledge and to provide for

certain other matters connected therewith

or incidental thereto.

Be it enacted by Parliament in the Sixty-

eighth Year of the Republic of India as follows:-

CHAPTER I

Preliminary

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

Act may be called the Indian Institutes of

Management Act, 2017.

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

the Central Government may, by notification

in the Official Gazette, appoint, and different

dates may be appointed for different

provisions of this Act.

2. Declaration of certain institutions as

institutions of national importance.—

Whereas the objects of the Institutes

mentioned in the Schedule are such as to

make them institutions of national importance,

it is hereby declared that each such Institute

is an institution of national importance.

3. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Academic Council” means the

Academic Council referred to in section 15;

(b) “Board”, in relation to any Institute,

means the Board of Governors referred to

in sub-section (1) of section 10;

of the Board of Governors of the Institutes

appointed under clause (a) of sub-section

(2) of section 10;

(d) “Coordination Forum” means the

Co-ordination Forum established under

section 29;

(e) “corresponding Institute” in relation

to an Institute mentioned in column (3) of

the Schedule, means an Institute as

specified against the said Institute in

column (5);

(j) “Director”, means the Director of the

Institute appointed under sub-section (2) of

section 16;

(g) “existing Institute” means any

Institute mentioned in column (3) of the

Schedule;

(h) “Institute” means any Institute

mentioned in column (5) of the Schedule;

(i) “notification” means a notification

published in the Official Gazette and the

expression “notify” with its cognate

meanings and grammatical variation shall

be construed accordingly;

(j) “Ordinances” means Ordinances

made by the Academic Council under this

Act;

(k) “prescribed” means prescribed by

rules made under this Act;

(l) “regulations” means regulations made

by the Board;

(m) “Schedule” means the Schedule

annexed to this Act;

OFFICIAL GAZETTE — GOVT. OF GOA

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2443

(n) “society” means any of the

societies registered under the

Societies Registration Act, 1860 or

the Mysore Societies’ Registration

Act, 1960 or the Madhya Pradesh

Societies Registration Act, 1973

or the Tamil Nadu Societies

Registration Act, 1975 or the

Jammu and Kashmir Societies

Registration Act, 1998 mentioned

in column (3) of the Schedule.

CHAPTER II

The Institutes

4. Incorporation of Institutes.— (1) On and

from the commencement of this Act, every

existing Institute shall be a body corporate by

the same name as mentioned in column (5) of

the Schedule.

(2) Every Institute referred to in column (5)

of the Schedule shall have perpetual

succession and a common seal, with power,

subject to the provisions of this Act, to acquire,

hold and dispose of property, both movable

and immovable, and to contract and shall, by

the said name, sue or be sued.

5. Effect of incorporation of institutions.—

On and from the commencement of this Act,–

(a) any reference to an existing Institute in

any contract or other instrument shall be

deemed as a reference to the corresponding

Institute;

(b) all properties, movable and immovable,

of or belonging to every existing Institute shall

vest in the corresponding Institute;

of every existing Institute shall be transferred

to, and be the rights and liabilities of, the

corresponding Institute;

(d) every person employed by every

existing Institute immediately before such

commencement shall hold his office or service

in the corresponding Institute, with the same

tenure, at the same remuneration and upon

the same terms and conditions and with the

same rights and privileges as to pension,

leave, gratuity, provident fund and other

matters as he would have held had this Act

not been enacted and shall continue to do so

unless and until his employment is terminated

or until such tenure, remuneration and terms

and conditions are duly altered by regulations:

Provided that if the alteration so made is not

acceptable to such employee, his employment

may be terminated by the Institute in

accordance with the terms of the contract with

the employee, or, if no provision is made therein

in this behalf, on payment, to him by the

Institute, of a compensation equivalent to three

months’ remuneration in case of permanent

employee and one months’ remuneration in

the case of other employee:

Provided further that any reference, by

whatever form of words, to the Director, and

other officers of an existing Institute under any

law for the time being in force, or in any

instrument or other document, shall be

construed as a reference to the Director, and

other officers of the corresponding Institutes;

(e) every person pursuing, before

commencement of this Act, any academic or

research course in every existing Institute,

shall be deemed to have migrated and

registered with the corresponding Institute,

on such commencement at the same level of

course in the Institute from which such person

migrated;

(f) all suits and other legal proceedings

instituted or which could have been instituted

by or against an existing Institute, immediately

before the commencement of this Act, shall

be continued or instituted by or against the

corresponding Institute.

6. Objects of Institutes.— Each Institute

shall have the following objects, namely:–

(a) to educate and support leaders who

can contribute as professional managers,

entrepreneurs, and stewards of existing and

emerging enterprises in the private, public,

and social sectors;

(b) to carry out research, publication,

consultancy and advisory work to advance

21 of 1860.

17 of 1960.

44 of 1973.

27 of 1975.

VI of 1998.

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2444

new knowledge and innovation and to

provide global leadership in management

theory and practice:

Provided that research so conducted shall

also be directed towards such areas of study

which shall enhance inclusive, equitable

and sustainable national development goals

as enshrined in the objects of the Act;

high quality and to promote allied areas of

knowledge as well as “interdisciplinary

studies”;

(d) to sensitise management education to

the vision of inclusive, equitable and

sustainable national development goals in

order to contribute holistically to Society;

(e) to support and develop programmes

promoting social and gender equity;

(f) to develop educational programmes

and faculties that advance the cause of

education, teaching and learning, across

disciplines;

(g) to set-up centres for management

studies and allied areas;

(h) to support and collaborate with

management institutions and other

educational institutions in India;

(i) to co-operate and collaborate with

educational or management institutions in

other countries to extend the interests of

management education and research.

7. Powers and functions of Institute.—

Subject to the provisions of this Act, every

Institute shall exercise the following powers

and perform the following functions, namely:-

(a) to carry out the administration and

management of the Institutes;

(b) to provide by regulations for the

admission of candidates to the various

courses of study in conformity with the laws

for the time being in force;

study, training and research in management

and allied subjects and document, and

disseminate knowledge thereof;

(d) to evolve innovative management

education pedagogy aligned to dynamic

global management practices;

(e) to conduct examinations and to

establish processes for evaluation and

performance assessment through a fair and

transparent system;

(f) to grant degrees, diplomas and other

academic distinctions or titles and

to institute and award fellowships,

scholarships, prizes and medals, honorary

awards and other distinctions;

(g) to lower the cost of education and to

enhance the reach of the education by

use of information and communication

technology and other innovative methods;

(h) to establish and maintain such

infrastructure as may be necessary;

(i) to determine, specify and receive

payment of, fees and other charges as the

Institute may deem fit, from students and

any other person, institution or body

corporate for instruction and other services,

including training, consultancy and

advisory services, provided by the Institute;

(j) to acquire, hold and deal with the

property belonging to or vested in the

Institute, with the approval of the Board, and

in case of immovable property, under prior

intimation to the Central Government, for

advancing the objects of the Institute subject

to the condition that such property is not

obtained wholly or partly from the State

Government or the Central Government

funds:

Provided that where the land for the

Institute has been provided free of cost by

a State Government or the Central

OFFICIAL GAZETTE — GOVT. OF GOA

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2445

Government such land may be disposed of

only with the prior approval of the Central

Government;

(k) to create academic, administrative,

technical, ministerial and other posts under

the Institute other than the post of Director

of the Institute and to make appointments

thereto;

(l) to appoint committees for the disposal

of any business of the Institute or for

tendering advice in any matter pertaining

to the Institute;

(m) to receive grants, gifts and

contributions and to have custody of the

funds including internally generated funds

of the Institute to meet the expenses,

including capital expenditure of the

Institute including expenses incurred in the

exercise of its powers and discharge of its

functions;

(n) to creat partnership, affiliation and

other classes of professional or honorary or

technical membership or office as the

Institute may consider necessary;

(o) to perform such other functions as may

be necessary for carrying out the objects of

the Institutes;

(p) to do all such things and activities,

incidental to the attainment of all or any of

the objects of the Institute.

8. Institutes to be open to all irrespective of

sex, race, creed, caste or class.— (1) Every

Institute shall be open to all persons

irrespective of sex, race, creed, caste or class,

and no test or condition shall be imposed as

to religious belief or profession in admitting

or appointing members, students, teachers

or workers or in any other connection

whatsoever.

(2) No bequest, donation or transfer of any

property shall be accepted by any Institute

which in the opinion of the Board involves

conditions or obligations opposed to the spirit

and object of this section.

(3) The admission to every academic course

or programme of study in each Institute shall

be based on merit assessed through

transparent and reasonable criteria disclosed

through its prospectus, prior to the

commencement of the process of admission

by such Institute:

Provided that nothing in this section shall

be deemed to prevent the Institute from

making special provisions for the employment

or admission of women, persons with

disabilities or for persons belonging to any

socially and educationally backward classes

of citizens and in particular, for the Scheduled

Castes and the Scheduled Tribes:

Provided further that every such

Institute shall be a Central

Educational Institution for the

purposes of the Central Educational

Institutions

(Reservation

Admission) Act, 2006.

9. Institute to be not-for-profit legal

entity.— (1) Every Institute shall be a not-for-

-profit legal entity and no part of the surplus,

if any, in revenue of such Institute, after

meeting all expenditure in regard to its

operations under this Act, shall be invested

for any purpose other than for the growth and

development of such Institute or for

conducting research therein.

(2) Every Institute shall strive to raise funds

for self-sufficiency and sustainability.

CHAPTER III

The Authorities of Institutes

10. Board of Governors.— (1) The Board of

Governors of each Institute shall be the

principal executive body of that Institute.

(2) The Board of each Institute shall consist

of the following members, namely:–

(a) a Chairperson, from amongst eminent

persons distinguished in the field of

5 of 2007.

OFFICIAL GAZETTE — GOVT. OF GOA

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2446

industry or education or science or

technology or management or public

administration or such other field, to be

appointed by the Board;

(b) one nominee of the Central

Government having charge of the

management

education

his

representative;

Government or representative of such

nominees, within whose territorial

jurisdiction the Institute is located;

(d) four eminent persons, of which at least

one shall be a woman, distinguished in the

field of education, industry, commerce,

social service or public administration, to

be nominated by the Board, having such

experience and in such manner as may be

specified by regulations;

(e) two members from the faculty of

respective Institutes to be nominated by the

Chairperson, in the manner to be laid down

by the Board by regultions;

(f) one person from the Scheduled Castes

or Scheduled Tribes to be nominated by the

Board from amongst the members referred

to in clauses (d), (e) and (g);

(g) up to five persons to be co-opted by

the Board from the alumni or the members

of society of the existing Institute who have

distinguished themselves in the field of

management:

Provided that out of such five persons, not

more than one member shall be from the

Society;

(h) three women members to be

nominated by the Board from amongst the

members referred to in clauses (d), (e) and

(g);

(i) Director of the Institute, ex officio

member.

(3) The Board may nominate a person to fill

up any temporary vacancy, of a member

referred to in clauses (d) and (g) of sub-section

(2), for a period which may extend to three

months.

(4) The Board shall designate an officer

of the Institute to act as Secretary of the

Board.

(5) The Chairperson shall have the power

to invite any number of experts, not being

members of the Board, to attend meetings of

the Board, but such invitees shall not be

entitled to vote at the meeting.

11. Powers and function of Board.— Subject

to the provisions of this Act, the Board of every

Institute shall be responsible for the general

superintendence, direction and control of the

affairs of the institute and shall have the power

to frame or amend or modify or rescind the

regulations governing the affairs of the

Institute to achieve the objects of the Institute

specified in section 6.

(2) Without prejudice to the provisions of

sub-section (1), the Board shall have the

following powers, namely:—

(a) to take decisions on questions of

policy relating to the administration and

working of the Institute;

(b) to examine and approve the annual

budget estimates of the Institute;

development of the Institute and to identify

sources of finance for implementation of the

plan;

(d) to establish departments, faculties or

schools of studies and initiate programmes

or courses of study at the Institute;

(e) to set-up centres of management

studies and allied areas within the

country under intimation to the Central

Government;

(f) to grant degrees, diplomas and other

academic distinctions or titles, and

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to institute and award fellowships,

scholarships, prizes and medals;

(g) to confer honorary degrees in such

manner as may be specified by the

regulations;

(h) to grant honorary awards and other

distinctions;

(i) to create academic, administrative,

technical and other posts and to make

appointments thereto:

Provided that the cadre, the pay scales,

allowances and term of employment of such

posts shall be such as may be determined

by the Central Government;

(j) to determine, by regulations, the

number and emoluments of such posts and

to define the duties and conditions of

services of the academic, administrative,

technical and other staff;

(k) to set-up centres of management

studies and allied areas outside India in

accordance with guidelines laid down by

the Central Government from time to time

and in accordance with the provisions of the

laws for the time being in force in such

foreign country;

(l) to pay, variable pay to the Director of

the Institute on the basis of performance

objectives as may be specified by the

regulations;

(m) to specify by regulations, the fees to

be charged for courses of study and

examinations in the Institute;

(n) to specify by regulations the manner

of formation of department of teaching;

(o) to specify by regulations the

institution of fellowships, scholarships,

exhibitions, medals and prizes;

(p) to specify by regulations the

qualifications, classification, terms of office

and method of appointment of the academic,

administrative, technical and other staff of

the Institute;

(q) to specify by regulations the

constitution of pension, insurance and

provident funds for the benefit of the

academic, administrative, technical and

other staff;

(r) to specify by regulations, the

establishment and maintenance of

buildings;

(s) to specify by regulations, the

conditions of residence of students of the

Institute and levying of fees for residence

in the halls and hostels and of other

charges;

(t) to specify by regulations, the manner

of authentication of the orders and decisions

of the Board;

(u) to specify by regulations, the quorum

for meetings of the Board, the Academic

Councilor any Committee, and the

procedures to be followed in the conduct of

their business;

(v) to specify by regulations, the financial

accountability of the institute; and

(w) to exercise such other powers and

perform such other duties as may be

conferred or imposed upon it by this Act or

the rules made thereunder.

(3) Subject to the provisions of this Act, the

Board may by regulations, delegate such

powers and functions of the Board to the

Director as it may deem fit.

(4) The Board shall conduct an annual

review of the performance of the Director, in

the context of the achievements of objects of

the Institute:

Provided that such review shall include

performance reviews of faculty members of the

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Institute on such parameters, periodicity and

terms of reference as may be determined by

the Board.

(5) The Board shall, through an independent

agency or group of experts, within a period of

three years from the date of incorporation of

the Institute, and thereafter at least once every

three years, evaluate and review the

performance of the Institutes, including its

faculty, on the parameters of long term strategy

and rolling plans of the Institutes and such

other parameters as the Board may decide and

the report of such review shall be placed in

public domain.

(6) The qualifications, experience and the

manner of selection of the independent agency

or group of experts, referred to in sub-section

(5), shall be such as may be specified by

regulations.

(7) The report of the evaluation and review

under sub-section (5) shall be submitted by

the Board to the Central Government along

with an action taken report thereon.

(8) Where in the opinion of the Chairperson

or the Director the situation is so emergent

that an immediate decision need to be taken

in the interest of the Institute, the Chairperson,

in consultation with the Director may issue

such orders as may be necessary, recording

the grounds for his opinion:

Provided that such orders shall be sub-

mitted for ratification by the Board in the next

meeting.

(9) The Board shall in the exercise of its

power and discharge of its functions under

this Act, be accountable to the Central

Government.

12. Term of office of, vacancies among, and

allowances payable to members of Board.—

(1) Save as otherwise provided in this section,

the term of office of the Chairperson or any

other member of the Board, other than an ex

officio member, shall be four years from the

date of his appointment or nomination:

Provided that the term of office of a member

nominated under clause (e) of sub-section (2)

of section 11 shall be two years from the date

of his nomination:

Provided further that the Chairperson, or

any other member of the Board, other than an

ex officio member, may be appointed or

nominated for a second term:

Provided also that the Chairperson or any

other member of the Board, other than an ex

officio member, shall not be appointed or

nominated for more than two consecutive

terms.

(2) The term of office of an ex officio member

shall continue so long as he holds the office

by virtue of which he is a member of the Board.

(3) A member of the Board, other than a

nominee of the Central Government or the

State Government, who fails to attend three

consecutive meetings of the Board without

permission of the Chairperson, shall cease to

be a member of the Board.

(4) A casual vacancy of a member shall be

filled up in accordance with the provisions of

section 10.

(5) The term of office of a member nominated

to fill a casual vacancy shall continue for the

remainder of the term of the member in whose

place he has been so nominated.

(6) Members of the Board shall be entitled

to such allowances, as may be specified in the

regulations, for attending meetings of the

Board.

(7) The Board shall meet at least once in

every three months.

13. Resignation of Chairperson.— The

Chairperson may, by notice in writing under

his hand addressed to the Board, resign from

his office.

14. Academic Council.— (1) The Academic

Council shall be the principal academic body

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of every Institute, consisting of the following

persons, namely:–

(a) Director of the Institute, who shall

be the Chairperson of the Academic

Council;

(b) Deans in charge of academics,

research, student affairs and such other

functions of the Institute;

or Co-ordinators of Faculties or Schools

or Centres or Departments, of the

Institute;

(d) all full time Faculty at the level of

Professors and such number of other full

time Faculty of the Institute as may be

determined by the Board;

(e) such members, by invitation of the

Board on the recommendation of the

Director, who are eminent in the fields of

industry, finance, management, public

administration and academics.

(2) The term of office of an ex officio member

shall continue so long as he holds the office

by virtue of which he is a member.

(3) The term of office of a member nominated

under clause (d) of sub-section (1) shall be two

years from the date of his nomination.

15. Power and functions of Academic

Council.— (1) The Academic Council shall

perform the following functions, namely:–

(a) to specify the criteria and process for

admission to courses or programmes of

study offered by the Institute;

(b) to specify the academic content of

programmes and courses of study and

undertake modifications therein;

guidelines for conduct of examination and

recommend grant of degrees, diplomas and

other academic distinctions or titles.

(2) The Academic Council shall exercise

such other powers and perform such other

functions as may be conferred upon it, by this

Act or the regulations or by the Board.

16. Director.— (1) The Director shall be the

Chief Executive Officer of the Institute and

shall provide leadership to the Institute and

be responsible for implementation of the

decisions of the Board.

(2) The Director shall be appointed by the

Board, on such terms and conditions of service

as may be prescribed.

(3) The Director shall be appointed out of

the panel of names recommended by a search-

-cum-selection committee to be constituted by

the Board, consisting of:–

(a) the Chairperson of the Board, who

shall be the Chairperson of the search cum-

-selection committee;

(b) three members chosen from amongst

eminent administrators, industrialists,

educationists, scientists, technocrats and

management specialists:

Provided that where the Board is not

satisfied with the recommendations of the

search-cum-selection committee, it may ask

the search-cum-selection committee to

make fresh recommendations.

(4) The Director shall exercise the powers

and perform the duties as may be assigned to

him under this Act or the regulations or as may

be delegated to him by the Board:

Provided that the Board may lay down the

criteria to be followed by the Director while

exercising powers and performing his duties,

which shall be evaluated by the Board

annually, and if the Board is of the opinion that

such criteria has not been followed, then, the

Board may, after giving an opportunity of being

heard to the Director, initiate action for

removal of such Director under sub-section

(7).

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(5) The Director shall, except on account of

resignation or removal, hold office for a term

of five years, from the date on which he enters

upon his office.

(6) The Director may, by notice in writing

under his hand addressed to the Board,

through the Chairperson, resign his office at

any time.

(7) The Board may remove from office the

Director, who–

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence

which, in the opinion of the Board, involves

moral turpitude; or

incapable of acting as a Director; or

(d) has acquired such financial or other

interest as is likely to affect prejudicially his

functions as a Director; or

(e) has so abused his position or so

conducted himself as to render his

continuance in office prejudicial to the

public interest:

Provided that the Director shall not be

removed from office except by an order

made by the Board, after an enquiry

instituted by it in which the Director has

been informed of the charges against him

and given a reasonable opportunity of being

heard in respect of those charges.

(8) Where the post of Director is likely to fall

vacant on account of completion of tenure, the

Board shall initiate the process of appointment

nine months prior to the occurrence of such

vacancy.

(9) Where the post of Director falls vacant

on account of any reason, the Board may

appoint the senior most faculty in the

institution as the Director in charge till a

regular Director is appointed:

Provided that if the senior most faculty is

not willing to hold the post of Director in

charge, then the next senior most willing

faculty may be appointed as Director in

charge.

17. Initiation of inquiry.— (1) The Board may

initiate an inquiry as deemed proper against

the Institute which has not been functioning

in accordance with the provisions and the

objectives of the Act:

Provided that such an inquiry shall be

conducted by a retired High Court Judge.

(2) The Board may, based on the findings of

such an inquiry, remove the Director or take

any other action deemed fit, and the Insitute

shall be bound to comply with such directions

within reasonable time.

18. Custodian of records, etc.— The Board

may designate any officer or officers of the

Institute as the custodian of records, common

seal, funds of the Institute and any other

property of the Institute.

19. Role of members of Society.— The

members of the societies referred to at serial

numbers 2 and 3 under column (3) of the

Schedule, may be engaged by the respective

Boards of corresponding Institutes, for

advisory assistance to it, by passing a

resolution in that behalf.

20. Committees and other authorities.— (1)

The Board may, constitute such committees

and other authorities of the Institute and

specify the duties and functions of each such

committees and authorities by regulations.

(2) The Board may constitute such ad hoc

committees as it may deem fit, for proper

management of affairs of the Institute.

CHAPTER IV

Accounts and Audit

21. Grants by Central Government.— For the

purpose of enabling the Institutes to discharge

their functions efficiently under this Act,

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the Central Government may, after due

appropriation made by Parliament by law

in this behalf, pay to every Institute such

sums of money in such manner as it may

think fit.

22. Fund of Institute.— (1) Every Institute

shall maintain a Fund to which shall be

credited—

(a) all moneys-provided by the Central

Government;

(b) all fees and other charges received by

the Institute;

by way of grants, gifts, donations,

benefactions, bequests or transfers;

(d) all moneys received by the Institute

from utilisation of intellectual property

arising from research conducted or

rendering advisory or consultancy services

by it; and

(e) all moneys received by the Institute

in any other manner or from any other

source.

(2) All moneys credited to the Fund of every

Institute shall be deposited in such banks or

invested in such manner as may be laid down

by the Board by regulations.

(3) Each Institute shall create

a corpus fund for long term

sustainability of the Institute, to

which shall be credited such per

cent. of the net income of the Institute

and donations made specifically

towards such corpus fund as the

Central

Government

may

accordance with the provisions of

the Income Tax Act, 1961, notify:

Provided that the Board may also create

endowment funds for specific purposes to

which donations may be specifically made.

(4) The fund of any Institute shall be applied

in such manner and for such purposes as may

be specified by the regulations.

23. Accounts and audit.— (1) Every

Institute shall maintain proper accounts

including

income

and

expenditure

statements, internal audit report and

statement audited by internal auditor

specifying investments and other relevant

records and prepare annual statement of

accounts including the balance sheet in such

form and as per such accounting standard as

may be specified by notification by the Central

Government in consultation with the

Comptroller and Auditor-General of India.

(2) Where the statement of income and

expenditure and the balance sheet of the

Institute do not comply with the accounting

standards, the Institute shall disclose in its

statement of income and expenditure and

balance sheet, the following, namely:—

(a) the deviation from the accounting

standards;

(b) the reasons for such deviation; and

of such deviation.

(3) The accounts of every Institute shall be

audited by the Comptroller and Auditor-

-General of India and any expenditure

incurred by audit team in connection with

such audit shall be payable by the Institute to

the Comptroller and Auditor-General of India.

(4) The Comptroller and Auditor-General of

India and any person appointed by him in

connection with the audit of the accounts of

the Institute shall have the same rights,

privileges and authority in connection with

such audit as the Comptroller and Auditor-

General of India has in connection with the

audit of the Government accounts and, in

particular, shall have the right to demand the

production of books, accounts, connected

vouchers and other documents and papers

and to inspect the offices of the Institute.

(5) The accounts of every Institute as

certified by the Comptroller and Auditor-

-General of India or any other person

43 of 1961.

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appointed by him in this behalf together with

the audit report thereon shall be forwarded

annually to the Central Government and that

Government shall cause the same to be

laid before each House of Parliament in

accordance with such procedure as may be

laid down by the Central Government.

24. Books of account to be maintained by

Institute.— Every Institute shall keep proper

updated books of account with respect to—

(a) all sums of money received and

expended by it and the matters in respect

of which receipt and expenditure takes

place;

(b) the assets and liabilities of the

Institute;

immovable of the Institute.

Explanation.— For the purposes of this

section, if books of account give a true and

fair view of the state of affairs of the Institute

and its transactions, it shall be deemed as

proper books of account with respect to the

matters specified therein.

25. Appointment of auditors.— (1)

The Board of every Institute shall,

prior to the end of every financial

year, and without prejudice to the

provisions

contained

the

Comptroller and Auditor-General’s

(Duties, Powers and Conditions of

Service) Act, 1971 or any other law

for the time being in force containing

provisions for audit of accounts by

the Institutes, appoint such auditors

including the internal auditor, on

such remuneration as it thinks

appropriate, to scrutinise the

balance sheet and the statement of

income and expenditure of such

Institute:

Provided that the Board shall change the

auditors after every four years.

(2) The Board of every Institute shall

constitute an Audit Committee to provide an

expert advice on effectiveness of internal

control system, risk management and audit

report to the Board.

(3) The auditor appointed under sub-section

(1) or any person employed by him shall not

have any direct or indirect interest, whether

pecuniary or otherwise, in any matter

concerning or related to the administration or

functions of the Institute.

26. Annual report of Director.— (1) There

shall be attached to every statement of

accounts laid before the Board of each Institute

under section 27, a report, by its Director, with

respect to—

(a) the state of affairs of such Institute;

(b) the amounts, if any, which it proposes

to carry to any surplus reserves in its

balance sheet;

or over statement of any surplus of income

over expenditure or any shortfall of

expenditure over income has been

indicated in the auditor’s report and the

reasons for such under statement or over

statement;

(d) the productivity of research projects

under taken by the Institute measured in

accordance with such norms as may be

specified by the Board;

(e) appointments of the officers and

faculty members of the Institute;

(f) performance indicators and internal

standards set by the Institute, including the

nature of innovations in teaching, research

and application of knowledge.

(2) The report of the Director shall also

include a statement showing the names of the

five officers including faculty members and

other employees of the Institute who received

the

highest

remuneration

(including

56 of 1971.

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allowances and other payments made to such

employees) during the financial year and the

contributions made by such employee during

the financial year.

(3) The statement referred to in sub-section

(2) shall indicate whether any such employee

is a relative of any member of the Board or

Academic Council of the Institute and if so,

the name of such member; and such other

particulars as may be determined by the

Board.

(4) The Director shall also be bound to

give

the

complete

information

and

explanations in the report referred to in

sub-section (1) on every reservation,

qualification or adverse remark contained in

the auditors’ report.

27. Board to consider statement of

accounts.— (1) The statement of accounts,

including the balance sheet and the statement

of income and expenditure, the auditor’s

report, the report of the Director and other

documents required to be annexed or

attached with such statement, shall be brought

before the Board of concerned Institute in its

meeting not later than three months, from the

conclusion of the financial year.

(2) A copy of every statement of accounts

referred to in sub-section (1) shall be sent to

every member of the Board not less than

twenty-one days before the date of the

meeting.

(3) The statement of accounts referred to in

sub-section (1) shall on its approval by the

Board, be published on the website of the

Institute.

28. Annual report of Institute.— (1) The

annual report of every Institute shall be

prepared under the directions of the Board,

which shall include, among other matters,

steps taken by the Institute towards the

fulfilment of its objects and an outcome based

assessment of the research being undertaken

in such Institute.

Explanation.— For the purposes of this

sub-section, the expression “outcome based

assessment of research” shall mean an

elaboration and analysis of the research

conducted and the qualitative and quantitative

outcomes of such research along with its

impact factor and social outcomes.

(2) The annual report prepared under

sub-section (1) shall be submitted to the Board

on or before such date as may be specified by

the Board who shall consider the report in its

meeting.

(3) The annual report on its approval by the

Board shall be published on the website of the

Institute.

(4) The annual report of each Institute shall

be submitted to the Central Government who

shall, as soon as may be, cause the same to be

laid before both Houses of Parliament.

CHAPTER V

Co-ordination Forum

29. Establishment of Co-ordination Forum.—

(1) With effect from such date as the Central

Government may, by notification, specify

in this behalf, there shall be established a

Co-ordination Forum for all the Institutes.

(2) The Co-ordination Forum shall consist of

the following members, namely:—

(a) an eminent person to be seleted by a

Search-cum-Selection Committee as may be

constituted by the Co-ordination Forum, as

chairperson:

Provided that the Co-ordination Forum

may select one of its members to act as

the chairperson till the chairperson is

appointed;

(b) the Secretary to the Government of

India, in charge of the Ministry or

Department of the Central Government

having administrative control of manage-

ment education, member — ex officio;

ment education of State Governments in

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which the Institutes are located, by rotation,

each year, member — ex officio;

(d) four Chairpersons of Institutes, to be

nominated by the Chairperson of the

Co-ordination Forum, by rotation for two

years;

(e) the Director of each Institute, member

— ex officio;

(f) five persons of eminence, of which at

least one shall be a woman, in academia or

public service, to be selected by a sub-

-committee constituted by the Co-ordination

Forum.

(3) The term of office of a member referred

to in clause if of sub-section (2) shall be three

years from the date of his nomination.

(4) The non-official members of the Co-

-ordination Forum shall be entitled to such

travelling and other allowances, as may be

prescribed.

(5) The Director of the host Institute where

the meeting of the Co-ordination Forum takes

place shall be the Member Secretary of the

Co-ordination Forum and shall continue to be

the Mernber-Secratary till a new host Institute

is selected.

30. Functions of Co-ordination Forum.— (1)

The Co-ordination Forum shall facilitate the

sharing of experiences, ideas and concerns

with a view to enhancing the performance of

all Institutes.

(2) Without prejudice to the provisions of

sub-section (1), the Co-ordination Forum shall

perform the following functions, namely:—

(a)

recommend

the

Central

Government, the institution of scholarships

including for research and for the benefit of

students belonging to the Scheduled Castes,

the Scheduled Tribes and other socially and

educationally backward classes of citizens;

(b) deliberate on such matters of common

interest to Institutes as may be referred to

it by any Institute;

co-operation in the working of the

Institutes;

(d) review the achievement of policy

objectives; and

(e) perform such other functions as may

be referred to it by the Central Government.

(3) The Co-ordination Forum may constitute

such committees as it may consider necessary

for carrying out its functions under this

section.

(4) The Chairperson of the Co-ordination

Forum shall ordinarily preside at the meetings

of the Co-ordination Forum and in his absence,

any other member chosen by the members

present amongst themselves at the meeting,

shall preside at the meeting.

(5) The Co-ordination Forum shall submit a

report on its functions under sub-section (2)

to the Central Government.

(6) The Co-ordination Forum shall meet at

least once in a calendar year.

(7) At each meeting of the Co-ordination

Forum, the host institute, which would host

the next meeting, shall be selected:

Provided that no Institute shall host the

meeting for more than two consecutive years.

CHAPTER VI

Miscellaneous

31. Acts and proceedings not to be

invalidated by vacancies, etc.— No act of any

Institute or the Board or the Academic

Councilor any other body set-up under this

Act or the regulations, shall be invalid merely

by reason of—

(a) any vacancy or defect in the constitution

thereof; or

(b) any irregularity in its procedure not

affecting the merits of the case; or

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or appointment of a person acting as a member

thereof.

32. Returns and information to be provided

to Central Government.— Every Institute shall

furnish to the Central Government such

returns or other information with respect to

its policies or activities as the Central

Government may, for the purpose of reporting

to the Parliament or for the making of policy,

from time to time, require.

33. Institute to be public authority

under Right to Information Act.— (1)

The provisions of the Right to

Information Act, 2005 shall apply to

each Institute, including Institutes

established

public-private

partnership, as if it were a public

authority established by notification

issued or order made under clause

(h) of section 2 of the Right to

Information Act, 2005.

(2) A copy of every notification proposed to

be issued or order to be made under the Act

referred to in sub-section (1), shall be laid in

draft before each House of Parliament, while

it is in session, for a total period of thirty days

which may be comprised in one session or in

two or more successive sessions, and if, before

the expiry of the session immediately following

the session or the successive sessions

aforesaid, both Houses agree in disapproving

the issue of the notification or order or both

Houses agree in making any modification in

the notification or order, the notification or

order shall not be issued or made, as the case

may be, shall be issued or made only in such

modified form as may be agreed upon by both

the Houses.

34. Power of Central Government to make

rules.— (1) The Central Government may, by

notification, make rules, for carrying out the

provisions of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the following

matters, namely:—

(a) such other powers and duties of the

Board under clause (w) of sub-section (2) of

section 11;

(b) the term and conditions of service of

the Director under sub-section (2) of section

16;

allowances payable to the members of the

Co-ordination Forum for attending its

meetings or its Committees under sub-

-section (4) of section 29;

(d) any other matter which is to be or may

be, prescribed or in respect of which

provision is to be made by the Central

Government by rules.

35. Power to make Regulations.— (1) The

Board may, by notification, make regulations

not inconsistent with this Act and the rules

made thereunder to carry out the provisions

of this Act.

(2) In particular and without prejudice to

the generality of the foregoing power, such

regulations may provide for all or any of the

following matters, namely:–

(a) tenure, remuneration and terms and

conditions of employees of existing Institute

under clause (d) of section 5;

(b) admission of candidates to the various

courses of study under clause (b) of section

members from the faculty of respective

Institutes under clause (e) of sub-section (2)

of section 10;

(d) the conferment of honorary degrees

under clause (g) of sub-section (2) of section

11;

(e) the number of posts, emoluments and

the duties and conditions of service of the

22 of 2005.

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academic, administrative, technical and

other staff under clause (i) of sub-section (2)

of section 11;

(f) determine performance objectives on

the basis of which variable pay may be paid

to the Director under clause (i) of sub-

-section (2) of section 11;

(g) to specify by regulations, the fees to

be charged for course of study and

examinations in the Institute under clause

(m) of sub-section (2) of section 11;

(h) the manner of formation of

Departments of teaching under clause (n)

of sub-section (2) of section 11;

(i) the institution of fellowships,

scholarships, exhibitions, medals and prizes

under clause (o) of sub-section (2) of section

11;

(j) the qualifications, classification, terms

of office and method of appointment of the

academic, administrative, technical and

other staff of the Institute under clause (p)

of sub-section (2) of section 11;

(k) the constitution of pension, insurance

and provident funds for the benefit of the

academic, administrative, technical and

other staff under clause (q) of sub-section

(2) of section 11;

(l) the establishment and maintenance of

buildings under clause (r) of sub-section (2)

of section 11;

(m) the conditions of residence of

students of the Institute and levying of fees

for residence in the halls and hostels and of

other charges under clause (s) of sub-

-section (2) of section 11;

(n) the manner of authentication of the

orders and decisions of the Board under

clause (t) of sub-section (2) of section 11;

(o) the meetings of the Board, the

Academic Councilor any Committee, the

quorum at such meetings and the

procedure to be followed in the conduct of

their business under clause (u) of sub-

-section (2) of section 11;

(p) the financial accountability of the

Institute under clause (v) of sub-section (2)

of section 11;

(q) delegate such powers and functions

of the Board to the Director under sub-

-section (3) of section 11;

(r) the qualifications, experience and the

manner of selection of the independent

agency or group of experts under sub-

-section (5) of section 11;

(s) allowances of the members of the

Board for attending meetings under sub-

-section (6) of section 12;

(t) such other powers and functions of the

Academic Council under sub-section (2) of

section 15;

(u) the powers and duties of the Director

under sub-section (4) of section 16:

(v) constitution of such committees and

other authorities of the Institute and their

duties and functions under sub-section (1)

of section 20;

(w) the manner of depositing or investing

the moneys credited to the Fund of every

Institute under sub-section (2) of section 21;

(x) the manner of application of the Fund

of the Institute under sub-section (4) of

section 21; and

(y) any other matter which is to be or may

be, specified by regulations.

36. Ordinances how made.— (1) Save as

otherwise provided in this section, Ordinance

shall be made by the Academic Council.

(2) Subject to the provisions of this Act and

the rules and regulations made thereunder,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

10TH JANUARY, 2019

2457

the Ordinances of every Institute may provide

for all or any of the following matters, namely:–

(a) the admission of students to the

Institute;

(b) the courses of study to be laid down

for all degrees and diplomas of the Institute;

shall be admitted to the degree or diploma

courses and to the examinations of the

Institute, and shall be eligible for degrees

and diplomas;

(d) the conditions of award of the

fellowships, scholarships, exhibitions,

medals and prizes;

(e) the conditions and model of

appointment and duties of examining

bodies, examiners and moderators;

(f) the conduct of examinations;

(g) the maintenance of discipline among

the students of the Institute; and

(h) any other matter which is to be or may

be provided for by the Ordinances.

All Ordinances made by the Academic

Council shall have effect from such date as it

may direct, but every Ordinance so made shall

be submitted, as soon as maybe, to the Board

and shall be considered by the Board at its

next meeting.

(4) The Board shall have power by

resolution to modify or cancel any such

Ordinance and such Ordinance shall from the

date of such resolution stand modified

accordingly or cancelled, as the case may be.

37. Rules and regulations to be laid before

Parliament.— Every rule made by the Central

Government and the first regulation made by

the Board under this Act shall be laid, as soon

as may be after it is made, before each House

of Parliament, while it is in session, for a total

period of thirty days which may be comprised

in one session or in two or more successive

sessions, and if, before the expiry of the session

immediately following the session or the

successive sessions aforesaid, both Houses

agree in making any modification in the rule

or regulation or both Houses agree that the

rule or regulation shall not be made, the rule

or regulation shall thereafter have effect only

in such modified form or be of no effect, as the

case may be; so, however, that any such

modification or annulment shall be without

prejudice to the validity of anything previously

done under that rule or regulation.

38. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order published in the Official Gazette,

make such provisions not inconsistent with

the provisions of this Act, as may appear to it

to be necessary or expedient for removing the

difficulty:

Provided that no such order shall be made

under this section after the expiry of the period

of three years from the date of commencement

of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before each House of Parliament.

39. Transitional provisions.— (1) Notwith-

standing anything contained in this Act:–

(a) the Board of every Institute

functioning as such immediately before the

commencement of this Act, shall continue

to so function until a new Board is

constituted for that Institute under this Act,

but on the constitution of a new Board under

this Act, the members of the Board holding

office before such constitution shall cease

to hold office:

(b) every Academic Council or Faculty

Council, as the case may be, constituted in

relation to every Institute before the

commencement of this Act shall be deemed

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

10TH JANUARY, 2019

2458

to be the Academic Council constituted

under this Act until an Academic Council

is constituted under this Act for that

Institute, but on the constitution of the new

Academic Council under this Act, the

members of the Academic Councilor Faculty

Council, as the case may be, holding office

before such constitution shall cease to hold

office;

under this Act, the rules, and bye-laws of

each Institute as in force, immediately

before the commencement of this Act shall

continue to apply to the Institute in so far

as they are not inconsistent with the

provisions of this Act.

(2) The Central Government may, without

prejudice to the provisions of this Act, if it

considers so necessary and expedient, by

notification, take such measures, which may

be necessary for the smooth transfer of the

existing Institute to the corresponding

Institute.

THE SCHEDULE

[See section 4(1)]

Sl.

Name of

Name of the existing Institute

Location

Name of Institute

No.

the State

incorporated under

this Act

(1)

(2)

(3)

(4)

(5 )

West Bengal

Indian Institute of Management, Calcutta, a

Kolkata

Indian Institute of

Society registered under the Societies

Management, Calcutta

Registration Act, 1860 (21 of 1860)

Gujarat

Indian Institute of Management Ahmedabad,

Ahmedabad Indian Institute of

a Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Ahmedabad

Karnataka

Indian Institute of Management Bangalore,

Bengaluru

Indian Institute of

a Society registered under the Mysore

Management,

Societies’ Registration Act, 1960 (17 of 1960)

Bangalore.

Uttar Pradesh

Indian Institute of Management Lucknow,

Lucknow

Indian Institute of

a Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Lucknow.

Madhya

Indian Institute of Management Indore, a

Indore

Indian Institute of

Pradesh

Society registered under the Madhya Pradesh

Management, Indore.

Societies Registration Act, 1973 (44 of 1973)

Kerala

Indian Institute of Management Kozhikode, a

Kozhikode

Indian Institute of

Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Kozhikode

Meghalaya

Rajiv Gandhi Indian Institute of Management

Shillong

Indian Institute of

Shillong, a Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Shillong.

Haryana

Indian Institute of Management Rohtak, a Society Rohtak

Indian Institute of

registered under the Societies Registration Act,

Management, Rohtak .

1860 (21 of 1860)

Jharkhand

Indian Institute of Management Ranchi, a

Ranchi

Indian Institute of

Society registered under the Societies

Management, Ranchi.

Registration Act, 1860 (21 of 1860)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

10TH JANUARY, 2019

2459

(1)

(2)

(3)

(4)

(5 )

10.

Chhattisgarh

Indian Institute of Management Raipur, a

Raipur

Indian Institute of

Society registered under the Societies

Management, Raipur.

Registration Act, 1860 (21 of 1860)

11.

Tamil Nadu

Indian Institute of Management Tiruchirappalli Indian Institute of

Tiruchirappalli, a Society registered

Management,

under the Tamil Nadu Societies Registration

Tiruchirappalli.

Act, 1975.

12.

Uttarakhand

Indian Institute of Management, Kashipur, a

Kashipur

Indian Institute of

Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Kashipur.

13.

Rajasthan

Indian Institute of Management Udaipur, a

Udaipur

Indian Institute of

Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860).

Udaipur.

14.

Punjab

Indian Institute of Mangement Amritsar, a

Amritsar

Indian Institute of

Society resigtered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Amritsar.

15.

Himachal

Indian Institute of Management Sirmaur,

Sirmaur

Indian Institute of

Pradesh

a Society registered under the Societies

Management,

H. P.

Registration Act, 1860 (21 of 1860)

Sirmaur.

16.

Odisha

Indian Institute of Management, Sambalpur,

Sambalpur

Indian Institute of

a Society registered under the Societies

Management,

Registration Act, 1860 (21 of 1860

Sambalpur.

17.

Andhra

Indian Institute of Management, Visakhapatnam

Indian Institute of

Pradesh

Visakhapatnam, a Society registered under the

Management,

Societies Registration Act, 1860 (21 of 1860).

Visakhapatnam.

18.

Maharashtra

Indian Institute of Management, Nagpur,

Nagpur

Indian Institute of

a Society Registered under the Societies

Management,

Registration Act, 1860 (21 of 1860)

Nagpur.

19.

Bihar

Indian Institute of Management, Bodh

Bodhgaya

Indian Institute of

Gaya, a Society registered under the

Management,

Societies Registration Act, 1860 (27 of 1860)

Bodhgaya.

20.

Jammu and

Indian Institute of Management, Jammu, a

Jammu

Indian Institute of

Kashmir

Society registered under the Jammu and

Management, Jammu.

Kashmir Societies Registration Act,

of 1998 (VI of 1998)

———ttt———

Department of Mines

Directorate of Mines & Geology

Notification

DMG/MMDR/DMF/01/2015/7633

In exercise of the powers conferred by section 15 read with sub-sections (2) and (3) of

section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act

67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby

makes the following rules, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

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2460

CHAPTER I

1. Short title and commencement.— (i)

These rules may be called the Goa District

Mineral Foundation (Trust) Rules, 2018.

(ii) They shall be deemed to have come

into force with immediate effect.

2. Definitions.— (i) In these rules, unless

the context otherwise requires,—

(a) “Act” means the Mines and Minerals

(Development and Regulation) Act, 1957

(Central Act 67 of 1957);

(b) “Affected areas” means the areas

which are affected by mining or mining

related operations as identified by the

district. This will include directly affected

areas and indirectly affected areas.

persons residing in affected areas;

(d) “Auditor” means the auditor or

Chartered Accountant appointed by the

Governing Council and includes the

Accountant General of the State or other

Auditors

nominated

the

State

Government.

(e) “District Mineral Foundation” means

a trust as established as a non-profit body,

through a notification by the State

Government in terms of sub-section (1) of

section 9B of the Act;

(f) “Governing Council” means the

Governing Council of the Foundation

consisting of all the trustees of the District

Mineral Foundation;

(g) “Financial year” means a year

commencing from the 1st day of April;

(h) “Government” means the Government

of Goa.

(i)“Managing Committee” means the

Committee formed by the State Government

for the purpose of day to day management

of the affairs of the Foundation.

(j)Words and expressions used in these

rules, but not defined, shall have the same

meaning as respectively assigned to them

in the Act.

(k) “Trust” means the District Mineral

Foundation Trust established by the State

Government under sub-section (1) of

Section 9B of the Act.

CHAPTER II

3. Objective of District Mineral Foundation

(Trust).— (a) The objective of the District

Mineral Foundation Trust is to work for

the interests, benefits and sustainable

development of persons and areas affected

by mining or mining related operations in the

district;

(b) To utilize the funds accumulated in the

District Mineral Foundation Trust in an

effective, transparent and accountable

manner and at the same time ensuring the

benefit of the funds are enjoyed not only by

the present generation but the future

generation to come.

4. Composition of District Mineral

Foundation.— (a) Every District Mineral

Foundation (Trust) as established under sub-

-section (1) of section 9B of the Act and as

guided by provisions of sub-section (2), (3)

and (4) of section 9B shall consist of a

Governing Council and Managing Committee.

(b) The Office of the District Mineral

Foundation shall be situated at the Directorate

of Mines and Geology, Government of Goa,

Ground Floor, Menezes Braganza Building,

Panaji, Goa or at the District Head Quarters

or as may be determined by the Governing

Council.

may also set up an office at the district level

for the purposes of coordination, planning

monitoring accounting and public disclosure

of information. The Governing Council shall

ratify the appointment of staff members of

District Mineral Foundation office with prior

approval from the State Government.

(d) The Governing Council shall consist of

the following members:—

OFFICIAL GAZETTE — GOVT. OF GOA

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2461

Sr. No.

Name and Designation

Designation in the Governing Council

Collector/District Magistrate

Chairperson/Trustee

Representatives of the Member of Legislative Assembly from

Member/Trustee

the District preferably among the directly affected areas shall

be recommended by Mines Minister not exceeding three

Deputy Director of Mines

Member Secretary/Trustee

The Executive/Assistant Engineer, Public Works Department

Ex Officio Member/Trustee

The Deputy Director, Directorate of Health

Ex Officio Member/Trustee

The Deputy Director, Directorate of Education or any Officer

Ex Officio Member/Trustee

not below the rank of Assistant Director/Deputy Director

nominated by the Department.

The Assistant Director, Directorate of Social Welfare or any

Ex Officio Member/Trustee

Officer not below the rank of Assistant Director/Deputy

Director nominated by the Department.

The Deputy Director, Directorate of Women & Child Development

Ex Officio Member/Trustee

or any Officer not below the rank of Assistant Director/Deputy

Director nominated by the Department.

The Deputy Director, Directorate of Agriculture

Ex Officio Member/Trustee

10.

The Executive/Assistant Engineer, Water Resources

Ex Officio Member/Trustee

11.

The Executive/Assistant Engineer, Department of Electricity

Ex Officio Member/Trustee

12.

The Representative of Finance Department (Budget), not

Ex Officio Member/Trustee

below the rank of Under Secretary.

13.

The Director/Deputy Director, Directorate of Panchayats

Member/Trustee

14.

Representatives of the Mineral Foundation of Goa (or any other

Member/Trustee

Non–Government Organizations/Civil Society which have

worked at the ground level in mines affected areas for

providing relief including undertaking activities under

Corporate Social Responsibility) to be nominated by the

State Government not exceeding two.

15.

Two Representatives shall be recommended by Mines Minister

Member/Trustee

and to be finally nominated by the State Government

amongst the mineral concession holder/industry

representative/Goa Mineral Ore Exporters Association

Member/Trustee

16.

Any other Officials/person nominated by the State Government

Member/Trustee

5. Appointment of the Trustees.— (a) The trustees appointed by official designation shall

continue as trustees during the period which they are holding the post and would be deemed

to have ceased to be the trustees once they cease to hold the office by virtue of which they

were appointed and their successors in office shall be deemed to have been appointed as

trustees in their place with effect from the date of acquiring such post.

(b) The term of appointment for the nominated trustees shall be for three years with effect

from the date of their nomination as trustees and the Government may thereafter renew their

appointment for another term or may appoint other persons in their place:

OFFICIAL GAZETTE — GOVT. OF GOA

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10TH JANUARY, 2019

2462

Provided that the term of such nominated

trustees shall in no case exceed two terms of

three years each.

increase the number of trustees in any of the

categories and for such terms as it may deem fit.

(d) The Government may at any time

remove any of the trustees and may appoint

any other person as the nominated trustee at

its sole discretion. The trustee so removed

by the Government shall cease to be a trustee

with effect from the date of such removal.

6. Management of Trust.— The Manage-

ment of the Trust shall vest in the Governing

Council which shall consist of Ex officio and

nominated trustees. The day to day

management will be by the Managing

Committee as defined under Rule 9.

7. Powers and functions of Governing

Council.— The Governing Council, consisting

of all the members shall be responsible for–

(a) Laying down the broad policy frame

work and approving the procedure for

functioning of the trust and review the

working of the trust from time to time;

(b) Approving Perspective Plan, Annual

Action Plan and the Annual Budget for the

Trust which is put up for approval by the

Managing Committee. The Perspective Plan

and Annual Action plan shall be prepared

by the Managing Committee and approved

by the Governing Council at least one

month before commencement of the year;

the list of schemes and projects with the

tentative provisions thereof: Provided that,

while preparing the annual Plan for the

next financial year, the sum total of the past

commitments and liabilities spilling over

shall be assessed to maintain financial

discipline and timely completion of the

projects. The subtotal of the past liabilities

and commitments and the new schemes

being proposed shall not in any case

exceed two times the expected inflow in

the funds for the next financial year;

(d)

Approving

expenditure,

furtherance of the objects of the Foundation

from the available fund in such manner

provided by the State Government;

(e) Approving the recommendations of

the Managing Committee;

(f) Approving the Annual Reports and

Audited Accounts of the foundation within

a period of sixty days of the closure of the

previous year;

(g) Ratifying the appointments of the

Officers on deputation, contract or

outsourcing basis as decided by the State

Government to run the Foundation.

(h) Constituting sub-committees for

assisting in preparation of Annual Plans of

the trust and for smooth functioning of the

trust;

(i)Undertaking any such other activities

in furtherance of the objectives of the

Foundation.

8. Meetings of Governing Council.— (a) The

Governing Council shall meet as often as

necessary but at least once in every quarter.

(b) The meeting of Governing Council shall

be convened as desired by the Chairperson

by giving two weeks notice to the Members

of the Governing council.

one-third of the total members of the

Governing Council. If quorum for meeting is

not fulfilled then meeting shall be postponed

for half an hour and shall be reconvened at

the same place on the same day for which

condition of quorum shall not be applicable.

CHAPTER III

9. Managing Committee.— (a) The day to

day affairs of the trust shall be managed by

the Managing Committee.

(b) The Managing Committee shall consist

of all Ex Officio Members of the Trust and

any other nominated members who shall be

nominated by the Government.

to vote.

OFFICIAL GAZETTE — GOVT. OF GOA

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2463

(d) Nominated Members shall not have any

voting rights.

(e) The Chairperson of the Managing

Committee shall be the respective District

Collectors.

10. Powers and functions of Managing

Committee.— The following are the powers

and functions of the Managing Committee

namely:—

(a) To exercise due diligence in carrying

out its duties for protecting the interests of

the foundation.

(b) To ensure timely collection of

contribution from the concerned lease

holders in accordance with the provisions

of the Act and in the manner provided by

the State Government.

the Village Panchayats, Zilla Parishads and

the Urban Local Bodies in the District,

Government

Departments,

Boards,

Corporations and State or Central Public

Sector Undertakings or individual proposals

routed through any of these agencies.

(d) To co-ordinate, consolidate and

develop the Perspective and Annual Plans

of the Trust and Annual Budget of the Trust

along with the proposed schemes and

projects;

(e) To supervise and ensure the

execution of the Annual Plan and the

approved schemes and projects;

(f) To accord sanction and issue sanction

orders to the projects release and disburse

the fund for that purpose;

(g) To operate the trust fund and to

invest the same in a diligent manner in

fixed deposits/Government Banks/Banks

Bond and to open Bank Accounts in

Scheduled, Commercial or Nationalized

Banks approved by the Reserve Bank of

India in the Name of the Foundation and

to operate such accounts and investments;

(h) To monitor the progress of the

utilization of funds;

(i) To place the audited accounts along

with an Annual Report before the

Governing council for its approval within a

period of sixty days of the closure of the

financial year;

(j) To lay down and approve procedures

for the functioning of the Foundation;

(k) To appoint employees and auditors

as per the directions of the State

Government. However these appointments

shall require ratification by the Governing

Council;

(l) To prepare and maintain a website

on which inter–alia the following

information shall be hosted and kept

updated–

(a) Details of composition of the

foundation and bodies of the foundation.

(b) List of areas and people affected

by mining;

received from lessees and others;

(d) All meeting agenda minutes and

action taken reports of the Foundation;

(e) Annual Plans, budget, work orders

and Annual Report;

(f) Online status of ongoing works,

implementation status or progress of all

the projects or programmes being

undertaken shall be made available on

the website, including description of

work details of the beneficiaries,

estimated

cost,

name

the

implementing agencies, expected date

of commencement and completion of

work, financial and physical progress up

to the last quarter etc.;

(g) List of beneficiaries under various

welfare programmes;

(h) Voluntary disclosures under Right

to Information Act, 2005 (22 of 2005); and

(i) To do all other things that are

necessary for the smooth functioning and

management of the Trust.

OFFICIAL GAZETTE — GOVT. OF GOA

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2464

11. Meetings of Managing Committee.— (a)

The meeting of the Managing Committee shall

be held at least four times in a financial year

and it shall be convened as decided by the

Chairperson.

(b) The quorum for such meeting shall be

one–third of the total members of the

Managing Committee. If quorum for meeting

is not fulfilled, then meeting shall be

postponed for half an hour and shall be

convened at the same place on the same day

for which condition of quorum shall not be

applicable.

shall be presided over by the Chairman, in

his absence the ex officio Members may elect

officiating Chairman from amongst themselves

for that meeting.

12. Trust Fund.— (a) The initial settlement

of Rs. 1,000/- (Rupees one thousand only)

made by the Government.

(b) Any grant, contribution or other money

received from the Government or from any

other agency, institution or person;

pay the contribution fund in respect of any

mineral removed by him from and/or

consumed within the areas allotted/permitted

to him as follow:

(d) In case of major minerals, as prescribed

in the Mines and Minerals (Contribution to

District Mineral Foundation) Rules, 2015 as

amended from time to time.

CHAPTER IV

13. Scope of the District Mineral Foundation

Trust.— The District Mineral Foundation Trust

shall work for the interest and benefits of

person, and areas affected by the mining

related operations and in particular shall

focus on the following areas, as per priorities

determined in the Perspective and annual

District Mineral Foundation plans.

(1) High priority areas.— (a) Drinking

water supply— Centralized purification

systems,

water

treatment

plants,

permanent/temporary water distribution

network including standalone facilities for

drinking water, laying of piped water

supply system.

(b) Environment preservation and

pollution control measures—Effluent

treatment plants, prevention of pollution

of streams, lakes, ponds, ground water,

other water sources in the region, measure

for controlling air and dust pollution caused

by mining operations and dumps, mine

drainage

system,

mine

pollution

prevention technologies, and measures for

working or abandoned mines and other air,

water & surface pollution control

mechanisms required for environment-

friendly and sustainable mine development.

However activities meant to be taken up

under the “polluter pays principle” or as

per the obligations of the industries under

the environment management plan or

mines management plan should not be

taken up under District Mineral Foundation

Trusts.

creation of primary/secondary health care

facilities in the affected areas. The emphasis

should not be only on the creation of

the health care infrastructure, but also on

provision of necessary staffing, equipment

and supplies required for making such

facilities effective. To that extent, the effort

should be to supplement and work in

convergence with the existing health

care infrastructure of the local bodies,

State and Central Government. The

expertise available with the National

Institute of Miners’ Health may also be

drawn upon to design special infra-

structure needed to take care of mining

related illnesses and diseases. Group

Insurance Scheme for health care may be

implemented for mining affected persons.

(d) Education— The focus must be on

augmentation

and

development

resources and infrastructure for improving

both secondary and elementary education.

This may include construction of school

OFFICIAL GAZETTE — GOVT. OF GOA

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2465

buildings,

Additional

class

rooms,

Laboratories, Libraries, Art and crafts room,

Toilet blocks, Drinking water provisions,

Residential Hostels for students/teachers in

remote areas, sports infrastructure,

engagement of teachers/other supporting

staff, e-learning setup, other arrangement

of transport facilities (bus/van/cycles/

/rickshaws/etc.) and nutrition related

programmes.

(e) Welfare of Women and Children—

Special programmes for addressing

problems of maternal and child health,

malnutrition, infectious diseases, etc. can

be taken up under the PMKKKY.

(f) Welfare of aged and disabled people—

Special programmes for welfare of aged and

disabled people.

(g) Livelihood & Skill development— Skill

development for livelihood support,

income generation and economic activities

for local eligible persons particularly around

local resources such as agri-based, forest

resources, horticulture etc. The projects/

/schemes

may

include

training,

development of skill development centers,

self-employment schemes, support to

vulnerable sections such as women/

/women groups/tribal groups, support to

self help groups, placement oriented

training to youth and provision of forward

and backward linkages for such self-

employment economic activities.

(h) Sanitation— Collection, transporta-

tion & disposal of waste, cleaning of public

places, provision of proper drainage &

Sewage Treatment Plant, provision for

disposal of fecal sludge, provision of toilets

and other related activities.

(2) Other priority Areas.— (a) Physical

infrastructure — Providing required

physical infrastructure — road, bridges,

railways and waterways projects with

priority in directly affected areas.

(b) Irrigation— Developing alternate

sources of irrigation, adoption of suitable

and advanced irrigation techniques.

ment— Development of alternate source of

energy (including micro-hydel) and

rainwater harvesting systems, augmenta-

tion of integrated watershed management

practices, development of orchards,

integrated farming and economic forestry

and restoration of catchments.

(d) Any other measures for enhancing

environmental quality in mining district.

In addition to the above, the scope will

include implementing the objectives

specified in Pradhan Mantri Khanij Kshetra

Kalyan Yojana which are not specifically

enlisted herein;

CHAPTER V

14. Utilization of Funds by District Mineral

Foundation Trust.— (a) Fifty percent of the

amount received in terms of sub-sections (5)

and (6) of section 9B during the financial year

of the Act shall be invested by the District

Mineral Foundation in fixed deposits or

Government bonds/bank bonds. The interest

earned on such investment to the extent of

90% may be utilized for carrying out the

works specified in rule 13 and 10% of such

interest shall be re-invested in long term

investment so that the corpus of such fund

remains permanently enhanced surpassing

the period of exploitation of mineral ore and

such fund shall be used in posterity for the

benefit of generations to come thereby

protecting the rights of the future generations

and creating the inter generational equity.

(b) The remaining fifty percent of such

amount shall also be utilized for carrying the

works specified in rule 13, provided that 60%

of such amount shall invariably be utilized

for High Priority Areas with emphasis on

infrastructural and other projects of

permanent nature so that the benefits of such

projects are enjoyed not only by the present

generation but also by the generations to come.

annual receipts of the Foundation subject to

an upper limit fixed by State Government may

be utilized for administrative, supervisory and

overhead costs of the Foundation.

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CHAPTER VI

15. Implementation of projects.— (a) The

District Mineral Foundation Trust may

implement the projects consistent with its

functions on its own accord or upon receipt

of a project proposal from the Government or

upon request from any Government

Department.

(b) In implementation of the projects

referred to in sub-rule (a), the District Mineral

Foundation may devise its own procedure

consistent with the provisions of the Act and

the rules made there under.

Public Works Department, Water Resources

Department, Forest Department, River and

Navigation

Department,

Agriculture

Department,

Department

Animal

Husbandry and Veterinary Services, Goa State

Infrastructure and Development Corporation

or any other Departments of the Government

of Goa, as per the directions and decision of

the District Mineral Foundation Trust.

(d)

The District Mineral Foundation Trust

shall periodically monitor implementation of

the projects either by itself or by engaging

services of any Government Department or

an approved agency.

CHAPTER VII

16. Annual Plan.— The Managing

Committee shall, at the beginning of each

financial year, cause preparation of plans for

short term projects and long term projects

proposed to be undertaken by the District

Mineral Foundation Trust in the relevant

financial year, to be referred as the annual

plan, together with details of the activities to

be undertaken or completed by the District

Mineral Foundation Trust during such time,

the expected time for completion of the

projects and cost for such projects.

The annual plan shall contain all the

projects, programmes; activities proposed to

be undertaken by the District Mineral

Foundation Trust and shall have clearly

demarcated milestones.

17. Annual Budget.— The Managing

Committee shall, at the beginning of each

financial year, cause preparation of an annual

budget containing the details of the proposed

income and expenditure on activities covered

in the annual plan for that particular financial

year, including the legal, administrative and

other costs and expenditure proposed to be

incurred by the District Mineral Foundation

Trust together with details of the funding

requirements in this regard, to be referred as

the annual budget.

18. Approval of the Annual Plan and the

Annual Budget.— (a) The annual plan and

the annual budget shall be laid before the

District Mineral Foundation Trust for its

approval.

(b) Without prejudice to the above

provisions, the District Mineral Foundation

Trust may undertake expenditures for

activities that are not approved in the annual

plan subject to specific approval by the

Governing Council.

budget may be amended at any time subject

to the approval of the Governing Council.

19. Annual Report.— (a) The Managing

Committee shall, within ninety days of the

end of each financial year, submit an annual

report containing such information as

deemed appropriate by the District Mineral

Foundation Trust.

(b) The annual report shall be approved

by the District Mineral Foundation Trust and

shall contain details, inter alia, of the activities

completed by the District Mineral Foundation

Trust during the financial year and the

expenditure incurred by the District Mineral

Foundation Trust during such financial year.

sent to the Government within a period of

thirty days from the date of its approval by

the District Mineral Foundation Trust.

20. Charging of Expenses.— The Trustees

shall be entitled to charge the Trust fund with

the following expenses, namely:

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2467

(a) All expenses properly incurred in the

operation or execution of the Trust and for

the realization, preservation or benefit of

the investments and assets comprising the

Trust fund and for the protection of the

interest of the Trust.

(b) All expenses (including expenses

incidental to execution as and or

registration of any agreement or other

deeds) incurred by the Trustees for

obtaining the contributions and or any

other resources which may accrue.

legal proceedings by or against the Trustee

concerning the affairs of the Trust including

professional fees and costs of any legal

advisor.

(d) All legal and statutory expenses

incurred in the operation or execution of

the Trust including all levies, duties and

other charges paid/payable in connection

with the affairs of the Trust.

(e) All expenses in connection with the

holding of its meeting and other

proceedings as per the norms of the State

Government.

21. Financial Year.— (a) The accounting

or financial year of the District Mineral

Foundation Trust shall be from 1st April to

the 31st of March.

(b) The first year of operations of the District

Mineral Foundation Trust may be a partial

year.

22. Accounts and Audit.— (a) The

Managing Committee shall maintain or cause

to be maintained proper books of accounts,

documents and records with respect to the

Foundation fund to give a true and fair picture

of the affairs of the Foundation.

(b) The accounts of the Trust shall be

audited at least once on completion of a year

by a qualified Auditor.

should undertake both financial and

performance audits to ensure optimal fiscal

discipline and transparency of operation.

(d) The Auditors of the Foundation shall be

appointed by the Governing Council from the

list of Chartered Accountants empanelled by

the Comptroller and Auditor General of India

on such terms and conditions as decided by

the Governing Council.

(e) The Auditors may be removed and

replaced by the Governing Council.

(f) The State Government may appoint an

auditor or auditors or may request the

Accountant General of the State for audit of

a particular year or period on such terms as

the State Government may so decide.

23. Liability of Trustees.— (a) The Trustees

shall not be liable on account of anything

done in good faith, bonafide with due

diligence. The Trustees shall also not be liable

or responsible for any banker, broker,

custodian or other person in whose hands

the same may, in good faith, be deposited or

placed nor for deficiency or insufficiency in

the value of any investments of the Trust fund

nor otherwise for any involuntary loss.

(b) The Trustees and every attorney or,

agent appointed by the Trustees shall be

entitled to be indentified out of the Trust fund

in respect of all liabilities losses and expenses

incurred in execution of the Trust or any of

the powers, authorities and discretion vested

in or delegated to them other than those

arising out of gross negligence and or wilfull

misconduct, provided however that such

indemnity shall not in any event exceed the

total of the contribution.

24. Remuneration.— The Trustees shall not

be entitled to any remuneration for their

services.

25. Repeal and Savings.— (a) The District

Mineral Foundation Rules, 2015 are hereby

repealed.

(b) Notwithstanding such repeal, anything

done or any action taken or orders passed

under the said rules shall be deemed to have

been done or any taken or passed under the

section 15 read with sub-sections (2) and (3)

of section 9B of the Mines and Minerals

(Development and Regulation) Act, 1957

(Central Act 67 of 1957) and all other powers

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2468

enabling it in this behalf shall be deemed to

have been done, taken or passed under these

rules.

By order and in the name of the

Governor of Goa.

Prasanna A. Acharya, Director & Additional

Secretary (Mines).

Panaji, 8th January, 2019.

———ttt———

Department of Transport

Directorate of Transport

Notification

D.Tpt/Est/2375/2019/109

In exercise of the powers conferred by

clause (i) of sub-section (1) of section 67 of the

Motor Vehicles Act, 1988 (Central Act 59 of

1988), and all other powers enabling it in this

behalf and in supersession of the Government

Notification No. D.Tpt/EST/922/Vol-II/2013/

/1306 dated 28th March, 2013, published in

the Official Gazette, Extraordinary, Series I

No. 52 dated 28th March, 2013, the

Government of Goa hereby directs the State

Transport Authority and the Regional

Transport Authorities of the State of Goa, that

the maximum fares chargeable by the

operators of Stage Carriages/City Buses plying

in the State of Goa shall be as follows,

namely:—

Stage Carriages and City Buses:

(i) 0–4 kms.: Rs. 10/-

(ii) For every next 8 kms. or part thereof: Rs. 5/-

Provided that the fares for Kadamba

Transport Corporation Ltd., Stage Carriages

plying point to point with no standing

passengers (Shuttle Services) to be charged

1.20 paise per km. and Air conditioned service

to be charged Rs. 1.25 per km.:

Provided further that for the bonafide

students of this State, the bus fare would be

at the consessional rate i.e. 50% of the rates

mentioned above.

Explanation.— “bonafied student” means

a person, who is pursuing a course of studies

as a full time student in any recognised

educational institution in the State of Goa and

possesses, at the time of journey, a valid

identity card issued under the signature of the

Head of such institution but does not include

a person who is pursuing higher education

while gainfully employed.

This notification shall come into force on the

11 day of January, 2019.

By order and in the name of the Governor

of Goa.

Nikhil Desai, Director & ex officio Addl.

Secretary (Transport).

Panaji, 8th January, 2019.

———ttt———

Department of Women & Child Development

Directorate of Women & Child Development

——

Notification

1-981-Writ Pet (C) 565 of 2012–DWCD-2018-Part I

Sub.:- The Goa Compensation Scheme for

Women Victims/Survivors of Sexual

Assault/other Crimes, 2018.

The Government of Goa in exercise of its

Executive Powers is pleased to frame the

following Scheme as per the directions of the

Hon’ble Supreme Court of India in W.P. (C)

No. 565/2012 titled Nipun Saxena Vs. Union of

India for providing funds for the purpose of

compensation to the women victims or her

dependents who have suffered loss, injury, as

the case may be, as a result of the offence

committed and who require rehabilitation

namely–

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

Scheme may be called “The Goa Com-

pensation Scheme for Women Victims/

/Survivors of Sexual Assault/other Crimes

Scheme, 2018.

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2469

(2) It shall come into force with effect from

date of notification.

(3) It shall apply to the victims and their

dependent(s) who have suffered loss, injury,

as the case may be, as a result of the offence

committed and who require rehabilitation.

2. Definitions.— (1) In this Scheme, unless

the context otherwise requires—

(a) “Code” means the Code of Criminal

Procedure, 1973 (2 of 1974);

(b) ‘Dependent’ includes husband, father,

mother, grandparents, unmarried daughter

and children of the victim as determined by

the State Legal Services Authority or District

Legal Services Authority on the basis of the

report of the Sub-Divisional Magistrate of the

concerned area/Station House Officer/

/Investigating Officer or on the basis

of material placed on record by the

dependents by way of affidavit or on its own

enquiry.

means the District Legal Services Authority

(DLSA) constituted under section 9 of

the Legal Services Authorities Act, 1987

(Act 39 of 1987) for a District of the State of

Goa.

(d) ‘Form’ means form appended to the

Scheme as applicable to this Chapter.

(e) ‘Fund’ means State fund i.e. victim

compensation fund constituted under the

State Victim Compensation Scheme.

(f) ‘Central Fund’ means funds received

from CVCF Scheme, 2015.

(g) ‘Women Victim Compensation Fund’

—

means

fund

segregated

for

disbursement for women victim, out of State

Victim Compensation Fund and Central

Fund.

[Within the State Victim Compensation

Fund, a separate Bank Account shall be

maintained as a portion of that larger fund

which shall contain the funds contributed

under CVCF Scheme by MHA, GOI

contributed from Nirbhaya Fund apart from

funds received from the State Victim

Compensation Fund which shall be utilised

only for victims covered under this Chapter].

(h) ‘Government’ means ‘Government of

Goa’ wherever the State Victim Compen-

sation Scheme or the State Victim

Compensation Fund is in context and

‘Central Government’ wherever Central

Government Victim Compensation Fund

Scheme is in context.

(i) ‘Injury’ means any harm caused to

body or mind of a female.

(j) ‘Minor’ means a girl child who has not

completed the age of 18 years.

(k) ‘Offence’ means offence committed

against women punishable under IPC or

any other law.

(l) ‘Penal Code’ means Indian Penal Code,

1860 (45 of 1860);

(m)

‘Schedule’

means

schedule

applicable to this Chapter/Part of the

scheme.

(n) “State Legal Services Authority”

means the State Legal Services Authority

(SLSA), as defined in section 6 of the Legal

Services Authorities Act, 1987 (39 of 1987).

(o) “Sexual Assault Victims” means

female who has suffered mental or physical

injury or both as a result of sexual offence

including Sections 376 (A) to (E), section 354

(A) to (D), Section 509 IPC.

(p) ‘Woman Victim/survivor of other

crime’ means a woman who has suffered

physical or mental injury as a result of any

offence mentioned in the attached Schedule

including sections 304 B, section 326A,

section 498A IPC (in case of physical injury

of the nature specified in the schedule)

including the attempts and abetment.

(q) ‘State’ means the State of Goa.

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(2) Words and expressions used in this

Chapter and not defined here, shall have the

same meaning as assigned to them in the

Code of Criminal Procedure, 1973 or/and the

Indian Penal Code, 1860.

3. Women Victim Compensation Fund.— (1)

There shall be a Fund, namely, the Women

Victims Compensation Fund from which the

amount of compensation, as decided by the

State Legal Services Authority or District Legal

Services Authority, shall be paid to the women

victim or her dependent(s) who have suffered

loss or injury as a result of an offence and who

require rehabilitation.

(2) The ‘Women Victims Compensation

Fund’ shall comprise the following:—

(a) Contribution received from CVCF

Scheme, 2015.

(b) Budgetary allocation in the shape of

grants-in-aid to SLSA for which necessary

provision shall be made in the Annual

Budget by the Government;

/Criminal Tribunal to be deposited in this

Fund.

(d) Amount of compensation recovered

from the wrong doer/accused under clause

14 of the Scheme;

(e)

Donations/contributions

from

International/National/Philanthropist/

/Charitable Institutions/Organizations and

individuals permitted by State or Central

Government.

(f) Contributions from companies under

CSR (Corporate Social Responsibility).

(3) The said Fund shall be operated by the

Secretary of the State Legal Services Authority

(SLSA) for the State of Goa.

4. Eligibility for Compensation.— A woman

victim or her dependent (s) as the case may

be, shall be eligible for grant of compensation

from multiple schemes applicable to her.

However, the compensation received by her

in the other schemes with regard to section

357-B Cr.P.C., shall be taken into account while

deciding the quantum in the such subsequent

application.

5. Procedure for making application before

the State or District Legal Service Authority.—

Mandatory Reporting of FIRs:— SHO/SP/DCP

shall mandatorily share soft/hard copy of FIR

immediately after its registration with State

Legal Services Authority/District Legal

Services Authority qua commission of offences

covered in this Scheme which include

Sections 326A, 354A to 354D, 376A to 376E,

304B, 498A (in case of physical injury covered

in this Schedule), so that the SLSA/DLSA can,

in deserving cases, may suo-moto initiate

preliminary verification of facts for the purpose

of grant of interim compensation. An

application for the award of interim/final

compensation can be filed by the Victim and/

/or her Dependents or the SHO of the area

before concerned SLSA or DLSA. It shall be

submitted in Form ‘I’ along with a copy of the

First Information Report (FIR) or criminal

complaint of which cognizance is taken by the

Court and if available Medical Report, Death

Certificate, wherever applicable, copy of

judgment/recommendation of court if the

trial is over.

6. Place of filing of Application.— The

application/recommendation for compen-

sation can be moved either before the State

Legal Services Authority or the concerned

District Legal Services Authority or it can be

filed online on a portal which shall be created

by all State Legal Services Authorities. The

Secretary of the respective SLSA/DLSA shall

decide the application/recommendation

moved before him/her as per the Scheme.

Explanation: In case of acid attack victim

the deciding authority shall be Criminal Injury

Compensation Board as directed by Hon’ble

Supreme Court in Laxmi vs. Union of India

W.P.CRML 129/2006 order dated 10-04-2015

which includes Ld. District & Sessions Judge,

DM, SP, Civil Surgeon/CMO of the district.

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2471

7. Reliefs that may be awarded by the State

or District Legal Services Authority.— The

SLSA or DLSA may award compensation to

the victim or her dependents to the extent as

specified in the scheduled attached hereto.

8. Factors to be considered while awarding

Compensation.— While deciding a matter,

the State Legal Services Authority/District

Legal Services Authority may take into

consideration the following factors relating to

the loss or injury suffered by the victim:

(1) Gravity of the offence and severity of

mental or physical harm or injury suffered by

the victim;

(2) Expenditure incurred or likely to be

incurred on the medical treatment for physical

and/or mental health including counseling

of the victim, funeral, travelling during

investigation/inquiry/trial (other than diet

money);

(3) Loss of educational opportunity as a

consequence of the offence, including

absence from school/college due to mental

trauma, bodily injury, medical treatment,

investigation and trial of the offence, or any

other reason;

(4) Loss of employment as a result of the

offence, including absence from place of

employment due to mental trauma, bodily

injury, medical treatment, investigation and

trial of the offence, or any other reason;

(5) The relationship of the victim to the

offender, if any;

(6) Whether the abuse was a single isolated

incidence or whether the abuse took place

over a period of time;

(7) Whether victim became pregnant as a

result of the offence, whether she had to

undergo Medical Termination of Pregnancy

(MTP)/give birth to a child, including

rehabilitation needs of such child;

(8) Whether the victim contracted a sexually

transmitted disease (STD) as a result of the

offence;

(9) Whether the victim contracted human

immunodeficiency virus (HIV) as a result of

the offence;

(10) Any disability suffered by the victim as

a result of the offence;

(11) Financial condition of the victim against

whom the offence has been committed so as

to determine her need for rehabilitation and

re-integration needs of the victim.

(12) In case of death, the age of deceased,

her monthly income, number of dependents,

life expectancy, future promotional/growth

prospects etc.

(13) Or any other factor which the SLSA/

/DLSA may consider just and sufficient.

9. Procedure for grant of Compensation.—

(1) Wherever, a recommendation is made by

the court for compensation under sub-sections

(2) and/or (3) of section 357A of the Code, or

an application is made by any victim or her

dependent(s), under sub-section (4) of section

357A of the Code, to the State Legal Services

Authority or District Legal Services Authority,

for interim compensation it shall prima-facie

satisfy itself qua compensation needs and

identity of the victim. As regards the final

compensation, it shall examine the case and

verify the contents of the claim with respect

to the loss/injury and rehabilitation needs as

a result of the crime and may also call for any

other relevant information necessary for

deciding the claim.

Provided that in deserving cases and in all

acid attack cases, at any time after commission

of the offence, Secretary, SLSA or Secretary,

DLSA may suo moto or after preliminary

verification of the facts proceed to grant

interim relief as may be required in the

circumstances of each case.

(2) The inquiry as contemplated under

sub-section (5) of Section 357A of the Code,

shall be completed expeditiously and the

period in no case shall exceed beyond sixty

days from the receipt of the claim/petition or

recommendation:

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2472

Provided that in cases of acid attack an

amount of Rs. One lakh shall be paid to the

victim within 15 days of the matter being

brought to the notice of DLSA. The order

granting interim compensation shall be passed

by DLSA within 7 days of the matter being

brought to its notice and the SLSA shall pay

the compensation within 8 days of passing of

the order.

Thereafter, an amount of Rs. 2 lakhs shall

be paid to the victim as expeditiously as

possible and positively within two months of

the first payment*.

Provided further that the victim may also

be paid such further amount as is admissible

under this Scheme.

(3) After consideration of the matter, the

SLSA or DLSA, as the case may be, upon its

satisfaction, shall decide the quantum of

compensation to be awarded to the victim or

her dependent(s) taking into account the

factors enumerated in Clause 8 of the Scheme,

as per schedule appended to this chapter.

However, in deserving cases, for reasons to

be recorded, the upper limit may be

exceeded.

Moreover, in case the victim is minor, the

limit of compensation shall be deemed to be

50% higher than the amount mentioned in the

Schedule appended to this chapter.

[* Victims of Acid attack are also entitled to

additional compensation of Rs. 1 lac under

Prime Minister’s National Relief Fund vide

memorandum No. 24013/94/Misc./2014-CSR-

-III/GoI/MHA dated 09-11-2016].

[Victims of Acid Attack are also entitled to

additional special financial assistance up to

Rs. 5 lacs who need treatment expenses over

and above the compensation paid by the

respective State/UTs in terms of Central Victim

Compensation Fund Guidelines-2016, No.

24013/94/Misc/2014-CSR.III, MHA/GoI].

(4) The SLSA/DLSA may call from any

record or take assistance from any Authority/

/Establishment/Individual/Police/Court

concerned or expert for smooth implemen-

tation of the Scheme.

(5) In case trial/appellate court gives

findings that the criminal complaint and the

allegation were false, then Legal Services

Authority may initiate proceedings for

recovery of compensation, if any, granted in

part or full under this Scheme, before the Trial

Court for its recovery as if it were a fine.

10. The Order to be placed on record.— Copy

of the order of interim or final compensation

passed under this Scheme shall be placed on

record of the trial Court so as to enable the

trial Court to pass an appropriate order of

compensation under Section 357 of the Code.

A true copy of the order shall be provided to

the IO in case the matter is pending

investigation and also to the victim/dependent

as the case may be.

11. Method of disbursement of Compen-

sation.— (1) The amount of compensation so

awarded shall be disbursed by the SLSA by

depositing the same in a Bank in the joint or

single name of the victim/dependent(s). In

case the victim does not have any bank

account, the DLSA concern would facilitate

opening of a bank account in the name of the

victim and in case the victim is a minor along

with a guardian or in case, minor is in a child

care institution, the bank account shall be

opened with the Superintendent of the

Institution as Guardian. However, in case the

victim is a foreign national or a refugee, the

compensation can be disbursed by way of

cash cards.

Interim amount shall be disbursed in full.

However, as far as the final compensation

amount is concerned, 75% (seventy five

percent) of the same shall be put in a fixed

deposit for a minimum period of three years

and the remaining 25% (twenty five percent)

shall be available for utilization and initial

expenses by the victim/dependent(s), as the

case may be.

(2) In the case of a minor, 80% of the amount

of compensation so awarded, shall be

OFFICIAL GAZETTE — GOVT. OF GOA

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2473

deposited in the fixed deposit account and

shall be drawn only on attainment of the age

of majority, but not before three years of the

deposit.

Provided that in exceptional cases, amounts

may be withdrawn for educational or medical

or other pressing and urgent needs of the

beneficiary at the discretion of the SLSA/

/DLSA.

(3) The interest on the sum, if lying in FDR

form, shall be credited directly by the bank

in the savings account of the victim/

/dependent(s), on monthly basis which can

be withdrawn by the beneficiary.

12. Interim Relief to the Victim.— The State

Legal Services Authority or District Legal

Services Authority, as the case may be, may

order for immediate first-aid facility or medical

benefits to be made available free of cost or

any other interim relief (including interim

monetary

compensation)

deemed

appropriate, to alleviate the suffering of the

victim on the certificate of a police officer, not

below the rank of the officer-in-charge of the

police station, or a Magistrate of the area

concerned or on the application of the victim/

/dependents or suo moto.

Provided that as soon as the application for

compensation is received by the SLSA/DLSA,

a sum of Rs. 5000/- or as the case warrants up

to Rs. 10,000/- shall be immediately disbursed

to the victim through preloaded cash card

from a Nationalized Bank by the Secretary,

DLSA or Member Secretary, SLSA.

Provided that the, interim relief so granted

shall not be less than 25 per cent of the

maximum compensation awardable as per

schedule applicable to this Chapter, which

shall be paid to the victim in totality.

Provided further that in cases of acid attack

a sum of Rs. One lakh shall be paid to the

victim within 15 days of the matter being

brought to the notice of SLSA/DLSA. The order

granting interim compensation shall be passed

by the SLSA/DLSA within 7 days of the matter

being brought to its notice and the SLSA shall

pay the compensation within 8 days of passing

of order. Thereafter an additional sum of Rs. 2

lakhs shall be awarded and paid to the victim

as expeditiously as possible and positively

within two months.

13. Recovery of Compensation awarded to

the Victim or her Dependent(s).— Subject to

the provisions of sub-section (3) of section

357A of the Code, the State Legal Services

Authority, in proper cases, may institute

proceedings before the competent court of

law for recovery of the compensation granted

to the victim or her dependent(s) from

person(s) responsible for causing loss or

injury as a result of the crime committed by

him/her.

The amount, so recovered, shall be

deposited in Woman Victim Compensation

Fund.

14. Dependency Certificate.— The authority

empowered to issue the dependency

certificate shall issue the same within a period

of fifteen days and, in no case, this period

shall be extended:

Provided that the SLSA/DLSA, in case of

non-issuance of Dependency Certificate, after

expiry of 15 days, may proceed on the basis of

an affidavit to be obtained from the claimant.

15. Minor Victims.— That in case the victim

is an orphaned minor without any parent or

legal guardian the immediate relief or the

interim compensation shall be disbursed to

the Bank Account of the child, opened under

the guardianship of the Superintendent, Child

Care Institutions where the child is lodged

or in absence thereof, DDO/SDM, as the case

may be.

16. Limitation.— Under the Scheme, no

claim made by the victim or her dependent(s),

under sub-section (4) of section 357A of the

Code, shall be entertained after a period of 3

years from the date of occurrence of the

offence or conclusion of the trial. However, in

deserving cases, on an application made in

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 41

10TH JANUARY, 2019

2474

this regard, for reasons to be recorded, the

delay beyond three years can be condoned

by the SLSAs/DLSAs.

17. Appeal.— In case the victim or her

dependents are not satisfied with the quantum

of compensation awarded by the Secretary,

DLSA, they can file appeal within 30 days

from the date of receipt of order before the

Chairperson, DLSA.

Provided that, delay in filing appeal may be

condoned by the Appellate Authority, for

reasons to be recorded, in deserving cases,

on an application made in this regard.

18. Repeal & Savings.— (1) In case this

Chapter is silent on any issue pertaining to

Victim Compensation to Women, the

provisions of Victim Compensation Scheme of

the State would be applicable.

(2) Nothing in this Scheme shall prevent

Victims or their dependents from instituting

any Civil Suit or Claim against the perpetrator

of offence or any other person indirectly

responsible for the same.

Explanation: It is clarified that this Chapter

does not apply to minor victims under POCSO

Act, 2012 in so far as their compensation issues

are to be dealt with only by the Ld. Special

Courts under section 33(8) of POCSO Act, 2012

and Rules (7) of the POCSO Rules, 2012.

19. Accounts and Audit of the Fund.— (1)

The Secretary of the Legal Services Authority

of the State of Goa shall maintain proper

accounts and other relevant records and

prepare an annual statements of accounts

including the income and expenditure and

the Balance sheet in respect of the said

fund.

(2) A statement of Accounts, Utilization

certificate and SOE shall be submitted by the

Secretary of the Legal Services Authority of

the State of Goa, to the Directorate of Women

and Child Development, every year.

By order and in the name of the Governor

of Goa.

Dipak Desai, Director & ex officio Jt.

Secretary (Women and Child Development).

Panaji, 7th January, 2019.

————

ANNEXURE-I

SCHEDULE APPLICABLE TO WOMEN VICTIM OF CRIMES

Sr. No.

Particulars of loss or injury

Minimum Limit of

Upper Limit of

Compensation

compensation

1. Loss of Life

Rs. 5 Lakh

Rs. 10 Lakh

2. Gang Rape

Rs. 5 Lakh

Rs. 10 Lakh

3. Rape

Rs. 4 Lakh

Rs. 7 Lakh

4. Unnatural Sexual Assault

Rs. 4 Lakh

Rs. 7 Lakh

5. Loss of any Limb or part of body resulting in 80%

Rs. 2 Lakh

Rs. 5 Lakh

permanent disability or above

6. Loss of any Limb or part of body resulting in 40% &

Rs. 2 Lakh

Rs. 4 Lakh

above and below 80% permanent disability

7. Loss of any limb or part of body resulting in 20% &

Rs. 1 Lakh

Rs. 3 Lakh

above and below 40% permanent disability

8. Loss of any limb or part of body resulting in below

Rs. 1 Lakh

Rs. 2 Lakh

20% permanent disability

9. Grievous physical injury or any mental injury

Rs. 1 Lakh

Rs. 2 Lakh

requiring rehabilitation

10.

Loss of Foetus i.e. Miscarriage as a result of Assault or

Rs. 2 Lakh

Rs. 3 Lakh

loss of fertility

11.

In case of pregnancy on account of rape.

Rs. 3 Lakh

Rs. 4 Lakh

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10TH JANUARY, 2019

2475

12.

Victims of Burning:

(a)

In case of disfigurement of face

Rs. 7 Lakh

Rs. 8 Lakh

(b) In case of injury 50% & above

Rs. 5 Lakh

Rs. 8 Lakh

(c)

In case of injury less than 50%

Rs. 3 Lakh

Rs. 7 Lakh

(d) In case of injury less than 20%

Rs. 2 Lakh

Rs. 3 Lakh

13.

Victims of Acid Attack-

(a)

In case of disfigurement of face.

Rs. 7 lakh

Rs. 8 Lakh

(b) In case of injury 50% & above

Rs. 5 Lakh

Rs. 8 Lakh

(c)

In case of injury less than 50%.

Rs. 3 Lakh

Rs. 7 Lakh

(d) In case of injury less than 20%

Rs. 3 Lakh

Rs. 4 Lakh

Note: If a woman victim of sexual assault/acid attack is covered under one or more category of the schedule, she shall

be entitled to be considered for combined value of the compensation.

————

ANNEXURE–II

FORM – I

APPLICATION FOR THE AWARD OF COMPENSATION UNDER COMPENSATION SCHEME FOR WOMEN

VICTIMS/SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES, 2018 FOR INTERIM/FINAL RELIEF

FOR WOMEN

Name of the Applicant Victim(s) or herDependent(s)

Age of the Victim (s) or her Dependent (s)

(a) Father’s Name (b) Mother’s Name (c) Spouse’s Name

Address of the Victim(s) or her/their Dependent(s)

Date and time of the Incident

Whether FIR has been lodged? (enclose copy)

Whether medical examination has been done? If yes,

enclose Medical Report/Death Certificate/P.M. Report.

Status of trial, if pending. If over, enclose copy of

judgment and order on sentence.

Has the applicant been awarded any compensation by

the trial court or any other Govt. agency. If, yes give details.

10. Give details of financial expenditure/loss incurred

11. Has the applicant instituted any civil suit/claim against

the perpetrator of offence. If yes give details.

Signature of the Victim/Dependent.

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