RNI No. GOAENG/2002/6410 Reg. No. G-2/RNP/GOA/32/2018-20
Panaji, 7th March, 2019 (Phalguna 16, 1940) SERIES I No. 49 PUBLISHED BY AUTHORITY
INDEX
Department Notification/Order Subject Pages
1. Labour Not.- 25/2/2019-LAB/168 Extension of validity of the existing manual 3159 Under Secretary
valid Employment Cards.
2. Law & Judiciary Not.- 9-18-2004-LD(Estt.) The Notaries (Amendment) Rules, 2018. 3160 Under Secretary Part-II/379
b. —do— Not.- 10/6/2018-LA-24 The Companies (Amendment) Ordinance, 2018. 3161
3. Panchayati Raj & Community Ord.- 35/DP/PAN/EMP/2019 The Goa Panchayat (staffing pattern, scales of 3168 Development Dir. & ex officio Jt. Secy.
pay and mode of recruitment of staff of Pancha- yats) (Fifth Amendment) Order, 2019.
4. a. Provedoria Ord.- 1-3-2018/IPA/2687 Final sanctioned staff strength. 3170 Dir. & ex officio Jt. Secy.
b. —do— Ord.- 1-3-2018/IPA/2688 Creation of post.
3171
5. Tribal Welfare Not.- DTW/STAT/AVY/2018-19/ Amendment & Revision of Adivasi Vikas Yojana 3173 Dir. & ex officio Jt. Secy. /8411 Scheme.
GOVERNMENT OF GOA
22-1-2019, published in the Official Gazette,
Series I No. 44, dated 31-1-2019, the Department of Labour
Government of Goa hereby extends validity __
of the existing manual valid Employment
Cards till 30th April, 2019.
Notification
25/2/2019-LAB/168
By order and in the name of the Governor
of Goa.
Read: Notification No. 25/2/2019-LAB/77
dated 22-1-2019.
A. S. Mahatme, Under Secretary (Labour).
In partial modification of the Government
Porvorim, 25th February, 2019.
Notification No. 25/2/2019-LAB/77 dated OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 Department of Law & Judiciary
Law (Establishment) Division __
Notification
9-18-2004-LD(Estt.)Part-II/379
The Notification No. G.S.R. 815(E) dated 23-08-2018 issued by the Department of Legal Affairs, Ministr y of Law and Justice, Government of India published in the Gazette of India Extraordinary, Part-II, Section 3 Sub- -Section (i), is hereby published for general information of the public.
Sachin S. Desai, Under Secretary (Estt.).
Porvorim, 25th February, 2019.
________
MINISTRY OF LAW AND JUSTICE
(Department of Legal Affairs) __
Notification
New Delhi, the 23rd August, 2018
G.S.R. 815(E).— In exercise of the powers conferred by section 15 of the Notaries Act, 1952 (53 of 1952), the Central Government hereby makes the following rules further to amend the Notaries Rules, 1956, namely:—
1. (1) These rules may be called the Notaries
(Amendment) Rules, 2018.
(2) They shall come into force on the date
of their publication in the Official Gazette.
2. In Schedule to the Notaries Rules, 1956,—
(i) against serial number 4 relating to Gujarat, in column (2), for the figures "1760", the figures "3000" and in column (3), for the figures "1407", the figures "2900" shall respectively be substituted;
(ii) against serial number 5 relating to
Kerala, in column (2), for the figures "1000", the figures "1250" and in column (3), for the figures "1000", the figures "1250" shall respectively be substituted;
(iii) against serial number 7 relating to Tamil Nadu, in column (2), for the figures "1360", the figures "1700" shall be substituted;
(iv) against serial number 8 relating to Maharashtra, in column (2), for the figures "3700", the figures "4200" shall be substituted;
(v) against serial number 9 relating to Karnataka, in column (2), for the figures "1266", the figures "1500" shall be substituted;
(vi) against serial number 11 relating to Punjab, in column (2), for the figures "1197", the figures "1300" shall be substituted;
(vii) against serial number 12 relating to Rajasthan, in column (2), for the figures "1500", the figures "2000" shall be substituted;
(viii) against serial number 13 relating to Uttar Pradesh, in column (2), for the figures "2188", the figures "2650" shall be substituted;
(ix) against serial number 15 relating to Jammu & Kashmir, in column (3), for the figures "525", the figures "1500" shall be substituted;
(x) against serial number 17 relating to Haryana, in column (2), for the figures "1338", the figures "1500" shall be substituted;
(xi) against serial number 25 relating to Goa, in column (3), for the figures "350", the figures "450" shall be substituted;
(xii) against serial number 26 relating to Uttaranchal, in column (3), for the figures "325", the figures "425" shall be substituted;
(xiii) after serial number 28 and the entries relating thereto, the following serial number and entries shall be inserted, namely:—
(1)
(2) (3)
"28A. Telangana 800 800";
(xiv) against serial number 29 relating to Delhi, in column (2), for the figures "1000", the figures "1600" shall be substituted;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019(xv) in serial number 34,—
(a) in column (1), for the word "Pondicherry", the word "Puducherry" shall be substituted;
(b) in coulmn (2), for the figures "100",
the figures "150" shall be substituted;
(xvi) against serial number 35 relating to Chandigarh, in column (2), for the figures "108", the figures "200" shall be substituted.
[F. No. 15011/46/2018-DLA(N)] G. S. YADAV, Jt. Secy. & Legal Adviser.
Note: The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number S.R.O. 324, dated 14-02-1956 and was last amended vide notification number G.S.R. 429(E) dated 18th April, 2016.
—————
Notification
10/6/2018-LA-24
The Companies (Amendment) Ordinance, 2018 (Ordinance No. 9 of 2018), which has been promulgated by the President in the Sixty-ninth Year of the Republic of India and published in the Gazette of India, Extraordinar y, Par t II, Section 1, dated 02-11-2018, is hereby published for the general information of the public.
Julio B. Noronha, Joint Secretary (Law).
Porvorim, 25th January, 2019.
________
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2nd November, 2018/ /Kartika 11, 1940 (Saka)
,
The Companies (Amendment) Ordinance,
2018
No. 9 of 2018
Promulgated by the President in the Sixty-
-ninth Year of the Republic of India.
An Ordinance fur ther to amend the
Companies Act, 2013.
Whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
1. Short title and commencement.— (1) This Ordinance may be called the Companies (Amendment) Ordinance, 2018.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2 of the Companies Act, 2013 (hereinafter referred to as the principal Act), in clause (41),—
(a) for the first proviso, the following provisos
shall be substituted, namely:—
"Provided that where a company or body corporate, which is a holding company or a subsidiar y or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year:
Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Ordinance, 2018, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement.";
(b) in the second proviso, for the words "Provided further that", the words "Provided also that" shall be substituted.
3. Insertion of new section 10A.— After section 10 of the principal Act, the following section shall be inserted, namely:—
"10A. Commencement of business, etc.— (1) A company incorporated after the commencement of the Companies (Amendment) Ordinance, 2018 and having a share capital shall not commence any business or exercise any borrowing powers unless—
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019(a) a declaration is filed by a director within a period of one hundred and eighty days of the date of incorporation of the company in such form and verified in such manner as may be prescribed, with the Registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making of such declaration; and
(b) the company has filed with the Registrar a verification of its registered office as provided in sub-section (2) of section 12.
(2) If any default is made in complying with the requirements of this section, the company shall be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues but not exceeding an amount of one lakh rupees.
(3) Where no declaration has been filed with the Registrar under clause (a) of sub- -section (1) within a period of one hundred and eighty days of the date of incorporation of the company and the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provisions of sub-section (2), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.
4. Amendment of section 12.— In section 12 of the principal Act, after sub-section (8), the following sub-section shall be inser ted, namely:—
"(9) If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.".
5. Amendment of section 14.— In section 14
of the principal Act,—
(i) in sub-section (1), for the second proviso, the following provisos shall be substituted, namely:—
"Provided further that any alteration having the effect of conversion of a public company into a private company shall not be valid unless it is approved by an order of the Central Government on an application made in such form and manner as may be prescribed:
Provided also that any application pending before the Tribunal, as on the date of commencement of the Companies (Amendment) Ordinance, 2018, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement.";
(ii) in sub-section (2), for the word "Tribunal", the words "Central Government" shall be substituted.
6. Amendment of section 53.— In section 53 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:—
"(3) Where any company fails to comply with the provisions of this section, such company and every officer who is in default shall be liable to a penalty which may extend to an amount equal to the amount raised through the issue of shares at a discount or five lakh rupees, whichever is less, and the company shall also be liable to refund all monies received with interest at the rate of twelve per cent. per annum from the date of issue of such shares to the persons to whom such shares have been issued.".
7. Amendment of section 64.— In section 64 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) Where any company fails to comply with the provisions of sub-section (1), such OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 company and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues, or five lakh rupees whichever is less.".
8. Amendment of section 77.— In section 77 of the principal Act, in sub-section (1), for the first and second provisos, the following provisos shall be substituted, namely:—
"Provided that the Registrar may, on an application by the company, allow such registration to be made—
(a) in case of charges created before the commencement of the Companies (Amendment) Ordinance, 2018, within a period of three hundred days of such creation; or
(b) in case of charges created on or after the commencement of the Companies (Amendment) Ordinance, 2018, within a period of sixty days of such creation,
on payment of such additional fees as may be prescribed:
Provided further that if the registration is
not made within the period specified—
(a) in clause (a) to the first proviso, the registration of the charge shall be made within six months from the date of commencement of the Companies (Amendment) Ordinance, 2018, on payment of such additional fees as may be prescribed and different fees may be prescribed for different classes of companies;
(b) in clause (b) to the first proviso, the Registrar may, on an application, allow such registration to be made within a further period of sixty days after payment of such advalorem fees as may be prescribed.".
9. Amendment of section 86.— Section 86 of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—
"(2) If any person wilfully furnishes any false or incorrect information or knowingly suppresses any material information, required to be registered in accordance with the provisions of section 77, he shall be liable for action under section 447.".
10. Substitution of new section for section 87.— For section 87 of the principal Act, the following section shall be substituted, namely:—
"87. Rectification by Central Government in Register of charges.— The Central Government on being satisfied that—
(a) the omission to give intimation to the Registrar of the payment or satisfaction of a charge, within the time required under this Chapter; or
(b) the omission or misstatement of any particulars with respect to any such charge or modification or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83,
was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company, it may, on the application of the company or any person interested and on such terms and conditions as the Central Government deems just and expedient, direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or misstatement shall be rectified.".
11. Amendment of section 90.— In section
90 of the principal Act,—
(i) for sub-section (9), the following sub-
-section shall be substituted, namely:—
"(9) The company or the person aggrieved by the order of the Tribunal may make an application to the Tribunal for relaxation or lifting of the restrictions placed under sub-section (8), within a period of one year from the date of such order:
Provided that if no such application has been filed within a period of one year from the date of the order under sub-section (8), such shares shall be transferred to the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 authority constituted under sub-section (5) of section 125, in such manner as may be prescribed;
(ii) in sub-section (10),—
(a) after the word "punishable", the words "with imprisonment for a term which may extend to one year or" shall be inserted;
(b) after the words "ten lakh rupees", the words "or with both" shall be inserted.
12. Amendment of section 92.— In section 92 of the principal Act, for sub-section (5), the following sub-section shall be substituted, namely:—
"(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of five lakh rupees.".
13. Amendment of section 102.— In section 102 of the principal Act, for sub-section (5), the following sub-section shall be substituted, namely:—
"(5) Without prejudice to the provisions of sub-section (4), if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is higher.".
14. Amendment of section 105.— In section 105 of the principal Act, in sub-section (3), for the words "punishable with fine which may extend to five thousand rupees", the words "liable to a penalty of five thousand rupees" shall be substituted.
15. Amendment of 117.— In section 117 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) If any company fails to file the resolution or the agreement under sub- -section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of twenty- -five lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.".
16. Amendment of section 121.— In section 121 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:—
"(3) If the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.".
17. Amendment of section 137.— In section 137 of the principal Act, in sub-section (3),—
(a) for the words "punishable with fine", the words "liable to a penalty" shall be substituted;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019(b) for the words "punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both", the words "shall be liable to a penalty of one lakh rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees" shall be substituted.
18. Amendment of section 140.— In section 140 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:—
"(3) If the auditor does not comply with the provisions of sub-section (2), he or it shall be liable to a penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor, whichever is less, and in case of continuing failure, with further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.".
19. Amendment of section 157.— In section 157 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) If any company fails to furnish the Director Identification Number under sub-section (1), such company shall be liable to a penalty of twenty-five thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees, and every officer of the company who is in default shall be liable to a penalty of not less than twenty-five thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.".
20. Substitution of new section for section 159.— For section 159 of the principal Act, the following section shall be substituted, namely:—
"159. Penalty default certain provisions.— If any individual or director of a company makes any default in complying with any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be liable to a penalty which may extend to fifty thousand rupees and where the default is a continuing one, with a further penalty which may extend to five hundred rupees for each day after the first during which such default continues.".
21. Amendment of section 164.— In section 164 of the principal Act, in sub-section (1), after clause (h), the following clause shall be inserted, namely:—
"(i) he has not complied with the provisions of sub-section (1) of section 165.".
22. Amendment of section 165.— In section 165 of the principal Act, in sub-section (6), for the portion beginning with "punishable with fine" and ending with "contravention continues", the words "liable to a penalty of five thousand rupees for each day after the first during which such contravention continues" shall be substituted.
23. Amendment of section 191.— In section 191 of the principal Act, for sub-section (5), the following sub-section shall be substituted, namely:—
"(5) If a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees.".
24. Amendment of section 197.— In section
197 of the principal Act,—
(a) sub-section (7) shall be omitted;
(b) for sub-section (15), the following sub-section shall be substituted, namely:—
"(15) If any person makes any default in complying with the provisions of this OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 section, he shall be liable to a penalty of one lakh rupees and where any default has been made by a company, the company shall be liable to a penalty of five lakh rupees.".
25. Amendment of section 203.— In section 203 of the principal Act, for sub-section (5), the following sub-section shall be substituted, namely:—
"(5) If any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and ever y director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.".
26. Amendment of section 238.— In section 238 of the principal Act, in sub-section (3), for the words "punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees", the words "liable to a penalty of one lakh rupees" shall be substituted.
27. Amendment of section 248.— In section 248 of the principal Act, in sub-section (1),—
(a) in clause (c), for the word and figures "section 455,", the words and figures "section 455; or" shall be substituted;
(b) after clause (c) and before the long line, the following clauses shall be inserted, namely:—
"(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A; or
(e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.".
28. Amendment of section 441.— In section
441 of the principal Act,—
(a) in sub-section (1), in clause (b), for the words "does not exceed five lakh rupees", the words "does not exceed twenty-five lakh rupees" shall be substituted;
(b) for sub-section (6), the following sub-
-section shall be substituted, namely:—
"(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence which is punishable under this Act with imprisonment only or with imprisonment and also with fine shall not be compoundable.".
29. Amendment of section 446B.— In section 446B of the principal Act, for the portion beginning with "punishable with fine" and ending with "specified in such sections", the words "liable to a penalty which shall not be more than one half of the penalty specified in such sections" shall be substituted.
30. Amendment of section 447.— In section 447 of the principal Act, in the second proviso, for the words "twenty lakh rupees", the words "fifty lakh rupees" shall be substituted.
31. Amendment of section 454.— In section
454 of the principal Act,—
(i) for sub-section (3), the following sub-
-section shall be substituted, namely:—
"(3) The adjudicating officer may, by an
order–
(a) impose the penalty on the company, the officer who is in default, or any other person, as the case may be, stating therein any non-compliance or default under the relevant provisions of this Act; and
(b) direct such company, or officer who is in default, or any other person, as the case may be, to rectify the default, wherever he considers fit.";
(ii) in sub-section (8),—
(a) in clause (i), for the words "does not pay the penalty imposed by the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 adjudicating officer or the Regional Director", the words, brackets and figures "fails to comply with the order made under sub-section (3) or sub- -section (7), as the case may be," shall be substituted;
(b) in clause (ii), for the words "does not pay the penalty ", the words, brackets and figures "fails to comply with the order made under sub-section (3) or sub-section (7), as the case may be," shall be substituted.
32. Insertion of a new section 454A.— After section 454 of the principal Act, the following section shall be inserted, namely:—
"454A. Penalty for repeated default.— Where a company or an officer of a company or any other person having already been subjected to penalty for default under any provisions of this Act, again commits such default within a period of three years from the date of order imposing such penalty passed by the adjudicating officer or the Regional Director, as the case may be, it or he shall be liable for the second or subsequent defaults for an amount equal to twice the amount of penalty provided for such default under the relevant provisions of this Act.".
RAMNATH KOVIND
President.
Dr. G. NARAYANAN RAJU Secretary to the Government of India.
———ttt———
Department of Panchayati Raj and Community Development
Directorate of Panchayats — Order
35/DP/PAN/EMP/2019
Read:- (1) Order No. 35/DP/PAN/EMP/2000 dated 05-03-2003, published in the Official Gazette (Extraordinary) Series I No. 49 dated 06-03-2003;
(2) Order No. 35/DP/PAN/EMP/2006 dated 04-01-2007, published in the Official Gazette, Series I No. 43 dated 25-01-2007;
(3) Order No. 35/DP/PAN/EMP/2006 dated 06-04-2010, published in the Official Gazette, Series I No. 3 dated 15-04-2010;
(4) Order No. 19/33/DP/VP-STAFF/2010 dated 09-09-2010, published in the Official Gazette, Series I No. 25 dated 16-09-2010.
In exercise of the powers conferred by section 114 of the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994), read with section 21 of the General Clauses Act, 1897 (Act 10 of 1897), the Government of Goa hereby further amends the Goa Panchayat (Staffing Pattern, scale of pay and mode of recruitment of staff of Panchayats) Order, 2003 published in the Official Gazette (Extraordinar y), Series I No. 49, dated 6-3-2003, vide Government Order No. 35/DP/PAN/EMP/2000 dated 05-03-2003, as follows, namely:—
1. Short title and commencement.— (1) This order may be called the Goa Panchayat (staffing pattern, scales of pay and mode of recruitment of staff of Panchayats) (Fifth Amendment) Order, 2019.
(2) It shall come into force from the date of
its publication in the Official Gazette.
2. Insertion of new proviso to clause 4.— In clause 4 of the Goa Panchayat (Staffing pattern, scales of pay and mode of recruitment of staff of Panchayats) Order, 2003 (hereinafter referred to as the "principal order"),—
(i) after proviso to sub-clause (2) following
proviso shall be inserted, namely:—
"Provided further that Panchayat staff appointed prior to 5th March, 2003 shall be entitled for one increment for every five year regular service prior to 1st April, 2001."
(ii) sub-clause (6) and (7) shall be deleted.
3. Amendment to clause 5.— In sub-clause (iv) of clause 5 of the principal order, the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 following sub-clause shall be substituted, namely:—
"(iv) medical re imbursement to be paid
on par with Government employees;"
4. Amendment of clause 7.— In sub-clause (1) of Clause 7 of the principal order in item (i), for sub-item (a), the following sub item shall be substituted, namely:—
"(a) H.S.S.C.E. or equivalent from the recognized Board and typewriting in English with minimum speed of 30 words per minute and having computer knowledge."
5. Amendment of clause 15.— In clause 15
of the principal Order,—
(i) in sub-clause (1), in the proviso, for the figure "90", the figure "300" shall be substituted;
(ii) in sub-clause (3), for the figure "135",
the figure "180", shall be substituted;
(iii) after sub-clause (3) the following sub-
-clause shall be inserted, namely:–
"(4) A female employee shall be entitled for Child Care Leave of 730 days for two children upto attaining the age of eighteen years during her entire service subject to clearance by competent authority. She can avail uninterrupted Child Care Leave of 730 days or in two spells of 365 days each. During the period of Child Care Leave the Panchayat may appoint a new staff in her place during leave period with the approval of the Director of Panchayats. The employee so appointed on leave period shall not claim the said post for regular employment."
6. Amendment of clause 16.— In sub-clause (1) of clause 16 of the principal order, after item (k), the following item shall be inser ted, namely:—
"(l) refusing to abide by the transfer order issued by the Director of Panchayats, for transferring from one Village Panchayat to another Village Panchayat."
7. Insertion of new clauses.— After Clause 21 of the principal Order, the following clauses shall be inserted, namely:—
"22. Common List of Panchayat Staff.— There shall be a Common List of the Panchayat staff consisting of all the staff appointed/recruited/retained in service of all the Village Panchayats in the State of Goa as per the provisions of the Goa Panchayat (staffing pattern, scales of pay and mode of recruitment of staff of Panchayats) Order, 2003, as amended from time to time as under:
(a) Common List of Village Panchayats
Clerks;
(b) Common List of Village Panchayats
Peons.
23. Authority competent to transfer employees.— (1) The Director of Panchayats shall, from time to time, for administrative or other reasons, transfer employees/staff from common list stated in clause 22, from one Village Panchayat to another Village Panchayat.
(2) The transfer Order issued by the Director of Panchayats shall be binding on all Village Panchayats and shall be implemented immediately.
(3) The Director of Panchayats may delegate its power to the respective Block Development Officer by specific order.
24. Staff to be relieved immediately on receipt of transfer order.— Village Panchayat Secretary shall, on receipt of transfer order issued by the Director of Panchayats, immediately relieve the Village Panchayat employee/Staff under transfer for enabling him/her to join duties at the new place of posting.
25. Pay Slip and Last Pay Certificate to be issued on transfer of employee.— Village Panchayat Secretary shall, OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 while relieving the employee/staff under clause 24, issue a Pay Slip giving full details of monthly salary and allowances admissible to such employee and the details of deductions from such monthly salary so as to enable the Village Panchayat where the employee is transferred, to disburse monthly salary and allowances accordingly while the employee is, in service of Village Panchayat. Village Panchayat Secretary shall also issue, in respect of such employee, a Last Pay Certificate in the form G.A.R.-2 or such other form as applicable to Government servants and the annual increments under F.R. 24. Every year, the new Pay Slip shall be sent to the Village Panchayat where the concerned staff is working.
26. Salary and allowances to be paid at place of work.— The Village Panchayat staff from common list shall be paid salary and allowances as per his/her admissibility by the Village Panchayat where the concerned staff is working for the time being.
27. Staff strength to be maintained for each Village Panchayat.— The Director of Panchayat while trans- ferring the Village Panchayat staff shall always ensure that the sanctioned staff strength of each Village Panchayat is maintained at all times in accordance with clause 3 of this Order.
28. Staff to retire on superannuation from the Village Panchayat which appointed them.— The Director of Panchayats shall ensure that two years before the date of retirement on superannuation of the Village Panchayat staff, they are transferred back to the Village Panchayat which had appointed him/her originally so that the retirement on superannuation takes place at the respective original appointing Village Panchayat and the responsibility to settle all the pensionary benefits as per clause 5 of this Order shall be of the said original appointing Village Panchayat.
29. Vacancies to be filled by respective Village Panchayat.— Whenever any vacancy occurs due to removal/termination/resignation/ /retirement on superannuation of any Village Panchayat staff from common list, the same shall be filled by the Village Panchayat which had appointed the concerned staff by following the procedure as laid down in this Order.
30. Disciplinary action by the Panchayat.— Whenever any discip- linary action needs to be taken against any Village Panchayat staff for any acts and commissions or omissions while in service of any Village Panchayat other than its original appointing Village Panchayat, the concerned Village Panchayat Secretar y shall submit detail report on alleged acts and commissions or omissions amounting to misconduct to the respective Panchayat and to the Director of Panchayats and the Parent Panchayats shall take disciplinar y action and impose punishment. The Panchayat shall also submit action taken report to the Director of Panchayats.
31. Enhancement of Grade Pay to peon.— Existing peons who have not passed S.S.C.E, shall be provided training and their Grade pay may be enhanced as per the rules in force."
By order and in the name of the Governor of Goa.
Rajan Satardekar, Director & ex officio Joint Secretary (Panchayats).
Panaji, 5th March, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019Department of Public Assistance
Institute of Public Assistance
(Provedoria)
_ _ _
Order
1-3-2018/IPA/2687
In suppression of all the previous orders for creation/revival/redesignation/upgradation of the various posts, Government is pleased to indicate the final sanctioned staff strength of the Department as under for the next five years:
Sr. No. Designation of the post Pay Scale under VIth/VIIth Pay Commission Sanctioned Strength
1 2
3
4
Non Ministerial (Non Lapsable) Posts
1 Level-12 1. Director 2. Joint Director of Accounts Level-11 1 3. Assistant Director PB-2 Rs. 9300-34800+4600 1 4. Assistant Engineer PB-2 Rs. 9300-34800+4600 1 5. Assistant Accounts Officer Level-7 1 6. Programme Officer PB-2 Rs. 9300-34800+4600 1 PB-2 Rs. 9300-34800+4200 2 7. Accountant 8. Steward/ess PB-1 Rs. 5200-20200+2400 16 9. ANM PB-1 Rs. 5200-20200+1900 28 10. Asst. Steward/ess PB-1 Rs. 5200-20200+1900 17
Ministerial (Lapsable) posts
10. Servants 11. Sweeper 12. Watchman
PB-2 Rs. 9300-34800+4600 1 1. Superintendent PB-2 Rs. 9300-34800+4200 2 2. Head Clerk 3. Junior Stenographer PB-1 Rs. 5200-20200+2400 1 4. UDC/Acct.Clerk/Cashier PB-1 Rs. 5200-20200+2400 12 PB-1 Rs. 5200-20200+1900 15 5. L.D.C. PB-1 Rs. 5200-20200+1900 04 6. Driver PB-1 Rs. 5200-20200+1800 24 7. Care Taker PB-1 Rs. 5200-20200+1800 14 8. Cooks PB-1 Rs. 5200-20200+1800 3 9. Peon/MTS PB-1 Rs. 5200-20200+1800 61 PB-1 Rs. 5200-20200+1800 9 PB-1 Rs. 5200-20200+1800 4
Total
219
As per the recommendation and approval of the High Level Empowered Committee (HLEC) the following posts shall stand abolished, upon superannuation/retirement of the incumbent or upon the post falling vacant for whatever reasons.
Sr. Designation of the post Name of the Official Remarks No. [Ministerial (Lapsable) holding the post
posts]
1 2
3
4
1. Watchman Shri Rohidas Narvekar Retiring w.e.f. 31-5-2023 2. Watchman Shri Nitin Mahale Retiring w.e.f. 30-9-2032 3. Watchman Shri Mahadev Toraskar Retiring w.e.f. 31-7-2038 4. Watchman Shri Deepchandra Naik Narvekar Retiring w.e.f. 30-11-2043 5. Sweeper Mrs. Rajani Ezhumayil Retiring w.e.f. 28-2-2021 6. Sweeper Mrs. Gaurava Jamuni Retiring w.e.f. 30-6-2025 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 1 2 3 4
7. Sweeper Mrs. Luciana Mendes e Fernandes Retiring w.e.f. 28-2-2027 8. Sweeper Mrs. Suvarta Yesudas Retiring w.e.f. 30-6-2032 9. Sweeper Mrs. Mahadevi Galatge Retiring w.e.f. 30-6-2033 10. Sweeper Smt. Prema Nandigum Retiring w.e.f. 31-8-2035 11. Sweeper Shri. Egidius D'Cunha Retiring w.e.f. 31-8-2041 12. Sweeper Mrs. Mariamma Yesudas Vacant
13. Sweeper Shri Naguesh Guduru Vacant
Sr. No. 1 to 13 to be abolished on vacancy of the posts and subsequently to be outsourced from GHRDC.
Sr. Designation of the post [Non- Name of the Official Remarks No. -Ministerial (Lapsable) posts] holding the post
1 2
3
4
1. Assistant Engineer Shri Laximan M. Humraskar Retiring w.e.f. 31-8-2028
Post to be abolished on vacancy of the post
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.
Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed vide letter No. 9/42/IDCO/2019-ARD/83 dated 22-02-2019 issued by the Department of Administrative Reforms, Secretariat.
By order and in the name of the Governor of Goa.
Vinayak Prabhakar Volvoikar, Director (Provedoria).
Panaji, 27th February, 2019.
———— Order
1-3-2018/IPA/2688
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 under VIth Pay Commission No. of post created 1 2
3
4
Non Ministerial (Non Lapsable) Posts
1. Auxiliary Nurse Midwife Rs. 5200-20200+GP 1900 16 2. Assistant Steward/ess Rs. 5200-20200+GP 1900 02
2. Expenditure on the creation of above post would be met from the Budget Head mentioned against the post.
2235—Social Security & Welfare, 60—Other Social Security Welfare Programmes; 800—Other Expenditure; 01—Lotteries; 31—Grant in Aid under Demand-30.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 20193. As per recommendation and approval of the High Level Empowered Committe (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. Designation of the post Name of the Official Remarks No. Ministerial holding the post
(Lapsable) posts
1 2
3
4
1. Watchman Shri Rohidas Narvekar Retiring w.e.f. 31-05-2023 2. Watchman Shri Nitin Mahale Retiring w.e.f. 30-09-2032 3. Watchman Shri Mahadev Toraskar Retiring w.e.f. 31-07-2038 4. Watchman Shri Deepchandra Naik Narvekar Retiring w.e.f. 30-11-2043
Above 4 posts to be abolished on vacancy of the posts and subsequently to be outsourced from GHRDC.
5. Sweeper Mrs. Rajani Ezhumayil Retiring w.e.f. 28-02-2021 6. Sweeper Mrs. Gaurava Jamuni Retiring w.e.f. 30-06-2025 7. Sweeper Mrs. Luciana Mendes e Fernandes Retiring w.e.f. 28-02-2027 8. Sweeper Mrs. Suvarta Yesudas Retiring w.e.f. 30-06-2032 9. Sweeper Mrs. Mahadevi Galatge Retiring w.e.f. 30-06-2033 10. Sweeper Smt. Prema Nandigum Retiring w.e.f. 31-08-2035 11. Sweeper Shri Egidius D'Cunha Retiring w.e.f. 31-08-2041 12. Sweeper Mrs. Mariamma Yesudas Vacant
13. Sweeper Shri Naguesh Guduru Vacant
Sr. No. 1 to 13 to be abolished on vacancy of the posts and subsequently to be outsourced from GHRDC.
Sr. Designation of the post Name of the Official Remarks No. Non-Ministerial holding the post
(Lapsable) posts
1. Assistant Engineer Shri Laximan M. Humraskar Retiring w.e.f. 31-08-2028
To be abolished on the vacancy of the post
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 (HLEC) 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 (HLEC) is conveyed vide letter No. 9/42/IDCO/2019-ARD/83 dated 22-02-2019 issued by the Department of Administrative Reforms, Secretariat.
By order and in the name of the Governor of Goa.
Vinayak Prabhakar Volvoikar, Director (Provedoria).
Panaji, 27th February, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019Department of Tribal Welfare
Directorate of Tribal Welfare ___
Notification
DTW/STAT/AVY/2018-19/8411
Amendment & Revised Scheme
Read: "Adivasi Vikas Yojana" i.e. Infrastructure Development in Tribal Areas under Tribal Sub Plan.
Whereas the Government has notified a scheme "Adivasi Vikas Yojana" i.e. Infrastructure Development in Tribal Areas under Tribal Sub Plan vide Notification No. DTW/STAT/AVJ/2013-14/9721 notified in Official Gazette, Series I No. 48 dated 27th February, 2014 and Addendum Notification No. DTW/STAT/PC/2013-14/1/12340 notified in Official Gazette, Series I No. 32 dated 5th November, 2015.
And whereas Government desires to amend & revise the scheme "Adivasi Vikas Yojana" i.e. Infrastructure Development in Tribal Areas under Tribal Sub Plan.
Now therefore, the scheme "Adivasi Vikas Yojana" i.e. Infrastructure Development in Tribal Areas under Tribal Sub Plan is amend & revised to read as under:
1. The scheme may be called "Adivasi Vikas Yojana" i.e. Infrastructure Development in Tribal Areas under Tribal Sub Plan.
2. Introduction.— The Scheduled Tribe people are down trodden section of the society. They are staying in remote areas where basic facilities are not available. Proper infrastructure is also not created. Village Panchayats and Municipalities are also not having enough funds to create infrastructure in tribal hamlets. The infrastructure which is already created long back requires upgradation as per the needs arisen due to fast developing society thus creation of infrastructure and upgradation or renovation of existing infrastructure becomes a need of the tribal society.
3. Definitions.— In this scheme, unless the
context otherwise requires—
(a) "Block Development Officer" means the Block Development Officer appointed by the Government in the concerned Block;
(b) "Director" means Director of Tribal
Welfare appointed by the Government.
(c) "Government" means the Government
of Goa.
(d) "Panchayat" means a Village Panchayat established under Goa Panchayati Raj Act, 1994.
(e) "Municipality" means Municipal Council/Corporation established under Goa Municipality Act, 1968.
(f) "Executing Agency" means any of the following agencies:— GSIDC, PWD, WRD, GTDC, GIDC, SAG, Panchayat, Municipality, Project Cell constituted by Directorate of Tribal Welfare or any other Agency/ /Autonomous Body approved by the Government.
(g) "Local Body" means Village Panchayat coming in the jurisdiction of Rural Panchayat Area and Municipal Council/Corporation coming in the jurisdiction of City/Urban Municipal Area.
4. Objectives.— To provide financial suppor t to Village Panchayats and Municipalities to create new infrastructure and upgrade the existing infrastructure as also carry out one time maintenance where there is substantial tribal population in Village Panchayat and Municipality Wards for the benefit of the ST communities.
5. Eligibility.— (a) Any Village Panchayat or Municipal Council/Corporation or any Ward/Revenue Village of Village Panchayat & Municipal Council/Corporation having 40% Tribal population is eligible to avail the benefit under the scheme.
(b) The data of Population Census published by Office of the Registrar General OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 & Census Commissioner, India under Ministry of Home Affairs, Government of India or any other statistical data as may be available with the State Government shall be considered under the scheme.
(c) In case of urgent need and realizing the importance of any Project in a particular area, Government may relax the criteria as mentioned at 5(a) on the recommendation of the Sanctioning Committee.
6. Identification of the Proposal.— (a) The infrastructure development project to be under taken shall be identified by the concerned Village Panchayat/Municipal Council/Corporation by adopting necessary resolution in the meeting of the Village Panchayat/Municipal Council/Corporation.
(b) The Government may in Public Interest identif y any infrastructure development project which in its opinion is required to be taken up within the jurisdiction of Village Panchayat or Municipal Council/Corporation, as the case may be, and direct the Director of Panchayat or Municipal Administration to issue necessary instructions to concerned Village Panchayat Secretary or Municipal Chief Officer to submit proposals and the same shall be binding on the Village Panchayat Secretary or Municipal Chief Officer.
(c) The infrastructure development project to be undertaken may be identified by the concerned Member of Legislative Assembly/ /Member of the Parliament in the concerned Village Panchayat/Municipal jurisdiction and shall be forwarded to the Directorate of Tribal Welfare after the approval of the Minister of Tribal Welfare in order to take up the work under the scheme as the case may be. The concerned Village Panchayat/Municipal Council/Corporation for the proposed project work shall be the applicant under the scheme.
7. Nature of projects that may be undertaken and ceiling of cost.— (a) Any developmental work consisting of civil work, electrical work, Bio-Toilet & Sanitations work and any other type of work etc. may be under taken under this scheme, if the sanctioning committee deems it fit in the interest of upgrading the infrastructure in the Village Panchayat and Municipal Council/ /Corporation for the benefit of Tribal Community. The estimated cost of each project to be undertaken under this scheme shall not be less than Rupees Twenty Lakhs and shall not exceed Rupees Three Crores.
(b) Construction of Hostel, Toilets, Computer Lab etc. for the benefit of Scheduled Tribes students studying in Government Aided schools/institutions in Tribal Areas as mentioned in Clause 5 of the Scheme, provided land is transferred to Director of Tribal Welfare. The minimum Scheduled Tribes students studying in the school/institution shall not be less than 50 (Fifty).
8. Preparation of the proposal.— Once the project is identified as per the Clause 6 of this scheme, within 30 days there on the concerned department shall prepare and submit a complete proposal consisting of:
(a) Certified copy of Form I & XIV of the
land on which the project is proposed.
(b) Certified copy of survey plan of the
land on which the project is proposed.
(c) The detailed project report, the detail of estimate and plan along with technical sanction in accordance with procedures inforce for obtaining such grants from Director of Panchayats or Director of Municipal Administration in case of Village Panchayat or Municipal Council/ /Corporation as the case may be.
(d) Certified copy of the resolution of Village Panchayat or Municipal Council/ /Corporation adopted as per Clause 6 (a) and (b) of the scheme.
(e) NOC from Director of Panchayats or Director of Municipal Administration as the case may be shall be enclosed stating that no grants under any of their scheme is sanctioned or under process of sanction for the work which is proposed.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019(f) Irrevocable NOC or transfer of land by Gift deed in favor of local body from the land owner in case land does not belong to a local body.
(g) Possession Certificate if the land is
in possession of a local body.
9. Scrutiny and inspection by Director of Tribal Welfare.— Upon receipt of the proposal from the Village Panchayats or Municipal Council/Corporation or Member of Legislative Assembly/Member of the Parliament, the Director of Tribal Welfare shall scrutinize the same and with his recommendations place it before the sanctioning committee for consideration.
10. Constitution of sanctioning committee.— There shall be a sanctioning committee which shall consider every proposal received under this scheme and shall scrutinize and take decision on whether the proposal is to be approved or rejected or differed and also to decide on the mode of it's execution & shall accordingly select the Executing Agency for executing the approved Project.
The sanctioning committee shall consist
of—
(a) Minister of Tribal Welfare Government
of Goa— Chairperson.
(b) Secretary (Finance), Government of Goa or his representative not below the rank of Additional Secretary— Member.
(c) Secretary, Tribal Welfare— Member.
(d) Director of Panchayat—or his representative not below the rank of Additional Director— Member.
(e) Director of Municipal Administration – or his representative not below the rank of Additional Director — Member.
(f) Town Planner – or his representative not below the rank of Dy. Town Planner — Member.
(g) Conser vator of Forest – or his representative not below the rank of Dy. Conservator of Forest — Member.
(h) Director of Tribal Welfare — Member
Secretary.
11. Meeting of Sanctioning Committee.— The Sanctioning Committee shall meet as and when required regularly. The quorum for the meeting will be of 3 members. The decision of the committee in respect of every proposal received shall be final.
12. Procedure upon rejection of the proposal.— If the sanctioning committee rejects any proposal then the Director of Tribal Welfare shall convey the same to the concerned Local Body through Director of Panchayat or Director of Municipal Administration.
13. Procedure upon conveying approval of proposal by Sanctioning Committee.— Once the project is approved by the sanctioning committee and Executing Agency is selected, the Director of Tribal Welfare shall convey the same to the concerned Local Body through Director of Panchayat or Director of Municipal Administration and also to the Executing Agency for further action.
14. Executing Agency.— (a) The executing agency within 90 days from the date of receipt of approval from the Director of Tribal Welfare shall prepare detailed estimates of the proposed project.
(b) The executing agency shall submit to Director of Tribal Welfare, the detailed estimates with technical sanction order and a detail chart giving the time frame for execution of the Project stating the total amount of expenditure to be incurred on the project and detail time table from inviting of tenders, issuing of work order, starting of work, completion of work and handing over completed project site to the Local Body.
(c) The executing agency shall follow the codal procedures/procedure that have been adopted by them.
15. Procedure upon receipt of the detailed estimates.— (a) Upon receipt of the detailed estimate from the Executing Agency, the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 2019 proposal along with detailed estimate shall be placed before the sanctioning committee for approval, and if approved shall be submitted for Administrative approval.
(b) Once an Administrative approval is received, Director of Tribal Welfare shall issue Administrative Sanction order to the concerned Executing Agency.
(c) Executing Agency shall on receipt of the Administrative Sanction Order initiate the tendering process as per the prevailing law and submit the tendering documents to the Director of Tribal Welfare for issuing Expenditure sanction order.
(d) On receipt of the tendering documents, Directorate of Tribal Welfare shall submit the proposal along with tendering documents to the Finance (Exp.) Department for according Financial Concurrence.
(e) Upon receipt of Financial Concurrence of Finance (Exp.) Department, the Director of Tribal Welfare shall issue Expenditure Sanction order to the concerned Executing Agency.
16. Funds to be placed to the Executing Agency.— (a) The funds will be placed at the disposal of Executing Agency in 3(three) installments by Director of Tribal Welfare. However, in case of Executing Agency being GSIDC, 100% of project cost will be released in one installment by Director of Tribal Welfare.
(b) The 1st instalment amounting to 75% of the project cost will be released by Director of Tribal Welfare to Executing Agency.
(c) The 2nd installment amounting to 20% of the project cost will be released after submitting the utilization certificate of 1st installment by Executing Agency along with the photographs of the project.
(d) The 3rd/final installment amounting to 5% or balance amount, whichever is less, will be released upon submission of utilization certificate of 2nd installment & completion certificate along with the photographs of the project by Executing Agency.
(e) In case of submission of utilization certificate of 1st installment along with completion certificate and photographs of the project, the balance amount of the project may be released in 2nd installment by Director of Tribal Welfare to the Executive Agency.
(f) Any unspent balance amount if any shall be refunded to Director of Tribal Welfare within 30 days from the date of completion of the project.
(g) Revision in cost of the project shall be permitted, with prior approval of Government.
17. Executing Agency to plan the project.— Whenever the Director of Tribal Welfare conveys the sanction of sanctioning committee to the Executing Agency, the said Executing Agency, for preparation of detailed estimates and road map and other contingencies, may engage the service of any Engineers/Architects duly registered with it or such other expert agency and the fees payable to such Engineers/Architects/ /Experts etc. shall not exceeding 10% of the estimated project cost.
18. Permitting Directorate of Panchayats or Directorate of Municipal Administration to execute the projects in certain cases.— All minor Infrastructure projects of less than Rupees 20 Lakhs in Tribal dominated Village Panchayat wards/Municipal Council or Corporation Wards shall be taken up by the Directorate of Panchayats or Directorate of Municipal Administration through Village Panchayat/Municipal Council or Corporation as per the pattern followed by respective departments for execution of Infrastructure Projects and the necessary funds shall be utilized under Tribal Sub Plan of Directorate of Panchayats and Directorate of Municipal Administration respectively.
19. Budget Head for the scheme & provisions.— The budget provision made for this scheme under following Budget Head shall be utilized for meeting expenditure incurred under the scheme viz.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 49 7TH MARCH, 20194225—Capital outlay on Welfare of SCs, STs
and OBC;
02—Welfare of Scheduled Tribes;
190—Investment in Public Sector and
other Undertaking;
02—Infrastructure Development Project in Scheduled Tribes Area (P);
60—Other Capital Expenditure.
20. Power to remove difficulties.— The Sanctioning Committee is empowered to take such decisions as may be deemed fit to remove the practical difficulties faced in implementation of this scheme.
21. Relaxation of the provision of the scheme.— The Government shall be empowered to relax the clauses or conditions of the scheme if a genuine requirement arises on case to case basis.
22. Interpretation of the provisions of the scheme.— If any question arises regarding interpretation of any clause, word, expression of the scheme, the decision about the interpretation shall lie with the Government and this decision shall be final and binding on all concerned.
23. Redressal of Grievances & Disputes— Grievances, if any, arising out of the implementation of the scheme, Sanctioning Committee shall hear and decide such matters and its decision in this regard shall be final and binding on all concerned.
The earlier Notification published in the
Official Gazette hereby stands repealed.
This has been issued with the concurrence of Finance (Exp.) Department vide U. No. 1400059202 dated 28-01-2019 and approval of Government vide U. No. No. 541/F dated 05-02-2019.
By order and in the name of Governor
of Goa.
Venancio Furtado, Director & ex officio
Jt. Secretary (TW).
Panaji, 21st February, 2019.
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