3159

Panaji, 7th March, 2019 (Phalguna 16, 1940)

SERIES I No. 49

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

Department of Labour

__

Notification

25/2/2019-LAB/168

Read: Notification No. 25/2/2019-LAB/77

dated 22-1-2019.

In partial modification of the Government

Notification No. 25/2/2019-LAB/77 dated

22-1-2019, published in the Official Gazette,

Series I No. 44, dated 31-1-2019, the

Government of Goa hereby extends validity

of the existing manual valid Employment

Cards till 30th April, 2019.

By order and in the name of the Governor

of Goa.

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

Porvorim, 25th February, 2019.

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

pay and mode of recruitment of staff of Pancha-

Dir. & ex officio Jt. Secy.

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.

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3160

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, Ministry 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;

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(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,

Extraordinary, Part 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 further 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

subsidiary 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—

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(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 inserted,

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

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3163

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

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3164

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;

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(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

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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 every

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

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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 (Extraordinary), 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

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7TH MARCH, 2019

3168

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 inserted,

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,

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7TH MARCH, 2019

3169

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 Secretary 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 disciplinary 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.

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3170

Department 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.

Director

Level-12

1

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

7.

Accountant

PB-2 Rs. 9300-34800+4200

2

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

1.

Superintendent

PB-2 Rs. 9300-34800+4600

1

2.

Head Clerk

PB-2 Rs. 9300-34800+4200

2

3.

Junior Stenographer

PB-1 Rs. 5200-20200+2400

1

4.

UDC/Acct.Clerk/Cashier

PB-1 Rs. 5200-20200+2400

12

5.

L.D.C.

PB-1 Rs. 5200-20200+1900

15

6.

Driver

PB-1 Rs. 5200-20200+1900

04

7.

Care Taker

PB-1 Rs. 5200-20200+1800

24

8.

Cooks

PB-1 Rs. 5200-20200+1800

14

9.

Peon/MTS

PB-1 Rs. 5200-20200+1800

3

10.

Servants

PB-1 Rs. 5200-20200+1800

61

11.

Sweeper

PB-1 Rs. 5200-20200+1800

9

12.

Watchman

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

3171

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.

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3172

3. 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.

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3173

Department 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

support

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

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7TH MARCH, 2019

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& 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

undertaken 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

identify 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

undertaken 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.

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(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) Conservator 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

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7TH MARCH, 2019

3176

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.

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7TH MARCH, 2019

3177

4225—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

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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.