Reg. No. G-2/RNP/GOA/32/2018-20
RNI No. GOAENG/2002/6410
Panaji, 14th March, 2019 (Phalguna 23,1940) SERIES II No. 50 PUBLISHED BY AUTHORITY
Note:- There are three Extraordinary issues to the Official Gazette, Series II No. 49 dated 07-03-2019 as follows:—
(1) Extraordinary dated 07-03-2019 from pages 975 to 978 regarding Notifications, Orders & Form No. 2 from Department Elections.
(2) Extraordinary (No. 2) dated 08-03-2019 from pages 979 to 980 regarding Form I and Form II from Department of Public Health.
(3) Extraordinary (No. 3) dated 13-03-2019 from pages 981 to 990 regarding Order from Department of Home.
/11/2(2)/2018/399 dated 27-02-2019, Government is pleased to promote the following Assistant Agriculture Officers to the post of Agriculture Officer, Group 'B' Gazetted, in the Directorate of Agriculture on regular basis in the Pay Band of Rs. 9300-34800+Rs. 4600 Grade Pay (Level-7 of the 7th Pay Commission Matrix) with immediate effect.
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture __
1) Shri Naguesh G. Komarpant. 2) Shri Raghunath S. Morajkar. 3) Kum. Sangita Laximan Velip (ST). 4) Shri Satyawan K. Dessai. 5) Smt. Vaibhavi V. Dessai. 6) Shri Saieesh Gandhi. 7) Shri Adolfo Rajesh D'Costa. 8) Shri Dattatraya Pandit. 9) Shri Prakash G. Raut.
Order
No. 2/9/95-AGR/2018-19/Part(I)/370
On recommendation of the Departmental Promotion Committee conveyed by Goa Public Service Commission vide their letter No. COM/II/ 10) Kum. Pradnaya Pravin Gaude Priolkar (ST). 11) Smt. Kameshwari Raikar. 12) Smt. Rouchelle Fernandes. 13) Shri Shariff Anthony Furtado. 14) Shri Sujay M. Shirodkar. 15) Shri Krishnanath B. Naik. 16) Smt. Sampatti U. Dhargalkar. 17) Shri Santosh P. Gaonkar.
On regular promotion they are posted as shown below:
Sr. Name of the officer Designation & place of Place of posting on regular promotion No.
present posting to the post of Agriculture Officer
1 2
3
4
1. Shri Naguesh G. Officiating Agriculture Officer, On regular promotion to be retained as Komarpant posted as Zonal Agriculture Zonal Agriculture Officer, Dharbandora.
Officer, Dharbandora
2. Shri Raghunath S. Officiating Agriculture Officer, On regular promotion to be retained as Morajkar posted as Zonal Agriculture Zonal Agriculture Officer, Sanguem.
Officer, Sanguem
3. Kum. Sangita Laximan Asst. Agriculture Officer, Zonal On regular promotion as Agriculture
Velip (ST) Agriculture Office, Canacona Officer, against the newly created post
of Agriculture Officer, District Agriculture Office (South) under B.H 2401-00-105-02-01.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 20191 2
3
4
4. Shri Satyawan K. Officiating Agriculture Officer, On regular promotion to be retained as Dessai posted as Zonal Agriculture Zonal Agriculture Officer, Quepem with Officer, Quepem additional charge of Agriculture Officer
(Fertilizer and Plant Protection).
5. Smt. Vaibhavi Dessai Officiating Agriculture Officer, On regular promotion to be posted as posted at District Agriculture Agriculture Officer, District Agriculture Office, North Officer, South in place of Smt. Vismita
Marathe being transferred.
6. Shri Saieesh H. Gandhi Ad hoc Agriculture Officer, On regular promotion to be retained as posted as Agriculture Officer Agriculture Officer (IT), Directorate of (IT), Directorate of Agriculture Agriculture.
7. Shri Adolfo Rajesh Ad hoc Agriculture Officer, On regular promotion posted as Farm D'Costa posted as Agriculture Officer Superintendent, Codar vice Shariff (INM), Directorate of Agriculture Furtado being transferred on regular
promotion.
8. Shri Dattatraya Ad hoc Agriculture Officer, Transfer on deputation as Dy. Project Pandit posted as Zonal Agriculture Director, ATMA-South in the pay scale Officer, Ponda of Rs. 15600-39100+Rs. 5400 Grade Pay (Level-10 of the pay matrix) in place of Shri Shivram B. Naik Gaonkar being proposed for transfer.
9. Shri Prakash G. Raut Ad hoc Agriculture Officer, On regular promotion to be retained as posted as Zonal Agriculture Zonal Agriculture Officer, Valpoi. Officer, Valpoi
10. Kum. Pradnya Pravin Asst. Agriculture Officer, Zonal On promotion as Zonal Agriculture Gaude Priolkar (ST) Agriculture Office, Valpoi Officer, Ponda vice Shri Dattatraya Pandit
transferred on regular promotion. She shall hold additional charge of Krishnanath Naik, Asst. Agriculture Officer, Ponda.
11. Smt. Kameshwari Ad hoc Agriculture Officer, On regular promotion to be retained on Raikar posted on deputation to Command deputation to Command Area Area Development Authority, Development Authority, Gogol against Gogol against the post of Soil the post of Soil Survey Incharge. Survey Incharge
12. Smt. Rouchelle Officiating Agriculture Officer, On regular promotion to be retained as Fernandes posted as Agriculture Officer Agriculture Officer (North-I), District (North-I), District Agriculture Agriculture Office, North. Office, North
13. Shri Shariff Anthony Officiating Agriculture Officer, On regular promotion to be posted Furtado posted as Farm Superintendent, against the newly created post of Government Agriculture Farm, Agriculture Officer, District Agriculture Codar Office, South under B.H 2401-00-105-02-01.
14. Shri Sujay M. Shirodkar Officiating Agriculture Officer, On regular promotion to be posted on (NRM/PMKSY), Directorate of deputation against the post of Manager Agriculture Farms, Goa State Horticulture
Corporation Ltd.
15. Shri Krishnanath B. Asst. Agriculture Officer, Zonal On promotion as Agriculture Officer Naik Agriculture Office, Ponda (RKVY), Directorate of Agriculture by
relieving Shri Nitin Bakhale of additional charge.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 20191 2
3
4
16. Smt. Sampatti U. Asst. Agriculture Officer, Zonal On promotion as Zonal Agriculture Dhargalkar Agriculture Office, Pernem Officer, Bicholim with additional charge
of Zonal Agriculture Office, Sankhli against the post vacated by Shri Kishore
Bhave on promotion, by relieving Shri Bhave of additional charge.
17. Shri Santosh P. Asst. Agriculture Officer, Zonal On regular promotion as Agriculture Gaonkar Agriculture Office, Dharbandora Officer (INM), Directorate of Agriculture
vice Adolfo Rajesh D'Costa being transferred on regular promotion.
The above officers shall exercise their option within one month from the date of promotion to fix their pay in terms of F. R. 22(I)(a)(1).
By order and in the name of the Governor of Goa.
Madhav B. Kelkar, Director & ex officio Joint Secretary (Agriculture).
Tonca-Caranzalem, 6th March, 2019.
________
Order
No. 2/9/95-AGR/2018-19/Part(I)/371
Government is pleased to transfer the following Agriculture Officers of this Directorate to "Agricultural Technology Management Agency (ATMA)" with immediate effect. The deputation of Officers shall be initially for a period of two years from the date of taking charge of respective post and shall be governed by standard terms and conditions of deputation as contained in the OM No. 13/4/74-PER dated 12-02-1999 and amended from time to time.
Sr. Name of the officer Present designation & Place of posting on Pay Scale on deputation No.
place of posting deputation posting
1. Smt. Vismita Marathe Agriculture Officer, As Dy. Project Director Rs. 15600-39100+5400 District Agriculture (ATMA-North Goa) by Grade Pay (Level-10 of Office, South relieving Shri Dilip the pay matrix).
Paranjape of additional charge
2. Shri Dattatraya Pandit Zonal Agriculture As Dy. Project Director Rs. 15600-39100+5400 Officer, Ponda (ATMA-South Goa) in place Grade Pay (Level-10 of
of Shri Shivram B. Naik the pay matrix). Goankar being transferred
The deputation period of Shri Shivram B. Naik Gaonkar, against the post of Dy. Project Director, (ATMA-South Goa) shall stand curtailed from the date he assumes the charge of his new posting on transfer as Zonal Agriculture Officer, Canacona.
This is issued with the concurrence of the Government vide U. O. No. 8774 dated 04-03-2019.
By order and in the name of the Governor of Goa.
Madhav B. Kelkar, Director & ex officio Joint Secretary (Agriculture).
Tonca-Caranzalem, 6th March, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019Order
Order
No. 2/95-AGR/2018-19/Part(I)/369
On recommendation of the Departmental
Promotion Committee conveyed by Goa Public Service Commission vide their letter No. COM/II/ /11/2(2)/2016/372 dated 18-02-2019, Government is pleased to promote Shri Prajyot N. Sankhalkar, Field Assistant, Group 'C' to the post of Assistant Agriculture Officer, Group 'B' Gazetted, in the
Directorate of Agriculture on regular basis in the Pay Band of Rs. 9300-34800+Rs. 4200 Grade Pay which is at Level 6 of the Pay Matrix with immediate effect.
On promotion Shri Prajyot N. Sankhalkar shall be posted at Government Agriculture Farm, Kalay against the vacant post under Budget Head 2401- -00-001-03(NP)-01 last held by Smt. Sidhi Prabhu Gaonkar, Assistant Agriculture Officer.
He shall be on probation for a period of two
years from the date of his joining.
Shri Prajyot N. Sankhalkar shall exercise his option within one month from the date of promotion to fix his pay in terms of F. R. 22(I)(a)(1).
No. 2/9/95-AGR/2018-19/Part(I)/373
Government is pleased to curtail the deputation period of Shri Shivram B. Naik Gaonkar, against the post of Dy. Project Director in "Agricultural Technology Management Agency (ATMA)-South" and repatriate him to the department.
On repatriation Shri Gaonkar is posted against the vacant post of Zonal Agriculture Officer, Canacona, by relieving Shri Chandrahas Dessai of additional charge.
This is issued with the concurrence of the Government vide U. O. No. 8774 dated 04-03-2019.
By order and in the name of the Governor
of Goa.
Madhav B. Kelkar, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 6th March, 2019.
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Department of Animal Husbandry & Veterinary Services
__
Order
By order and in the name of the Governor
of Goa.
Madhav B. Kelkar, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 6th March, 2019.
________
No. 2/13/95-AH/PF/2018-19/7252
Order
No. 2/9/95-AGR/2018-19/Part(I)/372
Government is pleased to transfer Shri Sujay M. Shirodkar, Agriculture Officer of this Directorate on
deputation to Goa State Horticulture Corporation Ltd., against the post of Manager (Farms) in PB-3 Rs. 15,600-39100+Rs. 5400 Grade Pay vacated by Smt. Rena Menezes on promotion.
The deputation of Shri Sujay Shirodkar, shall initially be for a period of two years and shall be governed by standard terms of deputation as contained in the OM No. 13/4/74-PER dated 12-02-1999 and amended from time to time.
By order and in the name of the Governor of
Goa.
Madhav B. Kelkar, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 6th March, 2019.
On the recommendation of the Goa Public Service Commission, as conveyed by their letter No. COM/II/11/3(1)/96-08/392 dt. 26-02-2019, Government is pleased to promote the following Assistant Directors in the Directorate of Animal Husbandry & Veterinary Services, Panaji, to the post of Deputy Director (Group "A" Gazetted) on regular basis, in the pay scale of PB-3 Rs. 15,600- -39,100+G.P. Rs. 6,600/- (Level-11 of the 7th Pay Commission) plus admissible allowances as applicable under rules and posted at Head Office, Patto-Panaji, with immediate effect.
1. Dr. Vilas M. Naik. 2. Dr. Agostinho Antonio Rosario Misquita. 3. Dr. Marvin Lopes.
They shall also look after their present work in addition to their own duties until further orders.
The Budget Head of Account, from which they shall draw their pay and allowances, shall be issued by the Director, Directorate of Animal Husbandry & Veterinary Services, separately.
By order and in the name of the Governor of
Goa.
Dr. Santosh V. Desai, Director & ex officio Joint
Secretary (A.H.).
Panaji, 4th March, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019Order
No. 2/2/79-AH (Part)/2018-19/7445
Government is pleased to order the transfer of Dr. Priya Dalal, Veterinary Officer, Veterinary Hospital, Mapusa to Veterinary Hospital, Tonca, with immediate effect and in public interest.
She shall hand over the charge of the Veterinary Hospital, Mapusa to the Veterinary Officer, Veterinary Hospital, Mapusa and get herself relieved.
The officer shall join her new place of posting with immediate effect.
The officer shall be entitled for transfer TA/DA as per rule.
By order and in the name of the Governor of Goa.
Dr. Santosh V. Desai, Director & ex officio Joint Secretary (AH).
Panaji, 8th March, 2019.
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Department of Education, Art & Culture
Directorate of Education
__
Order
No. 1(6)-2-2008/SE/Part-II/13
On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/ /II/11/15(1)/2017/294 dated 12-12-2018, Government is pleased to promote the following Officers in the cadre of Vice-Principal-Teachers Training College/Vice-Principal-Government Higher Secondary School/Headmaster-Government High School, to the posts in the cadre of Deputy Education Officer/Principal, Teachers' Training College/Principal, Higher Secondary School/Vocational Education Officer/Deputy Director, S.I.E., Group "A" Gazetted in "Level 12" of the Pay Matrix on regular basis under the Directorate of Education, with immediate effect.
1. Smt. Asha R. Naique. 2. Smt. Daksha Yatin Gulavani.
They shall be on probation for a period of two years.
They shall give in writing their acceptance/refusal of above promotion to this Directorate within 10 days from the date of issue of this order, failing which, it will be treated as refusal of promotion by the promotee officer and such promotee Officer shall be debarred for promotion for a period of one year from the date of refusal of promotion or till next vacancy arises whichever is later, without any further intimation.
They shall exercise option for fixation of pay in terms of F. R. 22(I)(a)(1) within one month from the date of issue of this order.
Consequent upon the above promotion, the posting on promotion is as under:-
Sr. Name of the officer Present place of posting Place of posting on promotion No.
1 2
3
4
1. Smt. Asha R. Naique Headmaster, Hutatma Bapu Principal, Government Higher Secondary
Gawas Memorial Government School, Sakhali, Bicholim, thereby relieving High School, Chandel, Smt. Daksha Yatin Gulavani of additional Pernem-Goa charge.
2. Smt. Daksha Yatin Headmaster, Government High Principal, Government Higher Secondary Gulavani School, Guleli, Satari-Goa School, Khandola thereby relieving Smt. Geetanjali S. Parab of additional charge.
They shall report to the place of posting immediately.
By order and in the name of the Governor of Goa.
Nagaraj G. Honnekeri, Director & ex officio Joint Secretary (Education).
Porvorim, 30th January, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019________
Order
No. 1(6)-2-2008/SE/Part-II/14
On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/ /II/11/15(1)/2017/294 dated 12-12-2018, Government is pleased to promote Smt. Tami Thereza D'Souza, in the cadre of Vice-Principal-Teachers Training College/Vice-Principal-Government Higher Secondary School/Headmaster-Government High School to the post in the cadre of Deputy Education Officer/Principal, Teachers' Training College/Principal, Higher Secondary School/Vocational Education Officer/Deputy Director, S.I.E., Group "A" Gazetted in "Level 12" of the Pay Matrix on Officiating basis under the Directorate of Education, with immediate effect.
Consequent upon the above promotion, she is posted as Deputy Education Officer in North Educational Zone, Mapusa-Goa against post transferred vide Order No. DE/1-(13)2016/12 dated 29-01-2019.
The above promotion on officiating basis will not bestow on the promoted officer any right or claim for regular promotion and the services so rendered on officiating basis will not count for the purpose of seniority in that grade, or eligibility for promotion to the next higher grade.
The Government reserves the right to cancel at any time the promotion on officiating basis and revert the promotee to the post from which she is promoted without assigning any reasons.
She shall report to the new assignment immediately and shall submit joining report to this Directorate.
By order and in the name of the Governor of Goa.
Nagaraj G. Honnekeri, Director & ex officio Joint Secretary (Education).
Porvorim, 30th January, 2019.
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Directorate of Art and Culture __
7) Shri Vilas Bicholkar. 8) Mrs. Sufala Anay Velip. 9) Shri Tushidas Das Kavlekar.
Order
No. DAC/Accts/RGKM/Committee/2018-19/9326
Read 1. Order DAC/Accts/RGKM/Committee/ /2016-17/9169 dated 02-01-2017.
2. Order DAC/Accts/RGKM/Committee/ /2013/7550 dated 26-11-2015.
3. Order DAC/Accts/RGKM/Committee/ /2013/7551 dated 26-11-2015.
By order and in the name of the Governor of Goa.
Gurudas P. Pilarnekar, Director & ex officio Joint Secretary (Art & Culture).
Panaji, 7th March, 2019.
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Department of Elections
Goa State Election Commission __
Notification
In exercise of the powers conferred under the Constitution of Rajiv Gandhi Kala Mandir, Ponda, the Government is pleased to continue the appointment of Secretary, Art & Culture as the Chairman of Rajiv Gandhi Kala Mandir, Ponda and also the nomination of Shri Ajit Kerkar as the Vice- -Chairman of Rajiv Gandhi Kala Mandir, Ponda as well as nomination of the following Members on General Council of Rajiv Gandhi Kala Mandir, Ponda till the new Committee is re-constituted.
1) Shri Ashok Naik. 2) Shri Ashok Subramani. 3) Shri Nitin Kolvekar 4) Shri Gaurish Vinayak Kolvekar. 5) Shri Shrikant Satarkar. 6) Shri Shirish Ganpat Desai.
No. 4/19/Bye-Elec/CCM/2019-SEC/161
Sub.: Bye-election to Ward No. XIII of Curchorem- -Cacora Municipal Council to be held on 30th June, 2019.
The State Election Commission has decided to conduct the bye-election to Ward No. XIII of Curchorem-Cacora Municipal Council.
In pursuance of Article 243ZA of the Constitution of India and Rule 63 of the Goa Municipalities (Election) Rules, 1969, I, R. K. Srivastava, Goa State Election Commissioner, do OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 hereby declare that the bye-election for Ward No. XIII of Curchorem-Cacora Municipal Council shall be held on 30th June, 2019.
The schedule of Election will be issued
separately.
The Code of Conduct for the above ward will be
in force from the date of filing of nominations (i.e. from 10-06-2019 till counting of votes on 1st July, 2019).
R. K. Srivastava, IAS (Retd.), Commissioner
(Goa State Election Commission).
05 — Public Prosecutors (North); 06 — Public Prosecutors (South); 03 -— Salaries".
By order and in the name of the Governor of
Goa.
Neetal P. Amonkar, Under Secretary (Home).
Porvorim, 06th March, 2019.
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Office of the Director General of Police __
Order
\Panaji, 06th March, 2019.
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Department of Home
Home—General Division __
No. ES-I(A)/P.P./2484/2019 D.O. No. 279
On the recommendation of the Police Establish- ment Board, the below mentioned Deputy Superintendents of Police are hereby transferred/
Order
No. 24/51/2012-HD(G)/777
On the recommendation of the Departmental Promotion Committee as conveyed by Goa Public Service Commission vide letter No. COM/II/11/58(2)/
/2011/394 dated 26-02-2019, the Government is pleased to promote the following Assistant Public Prosecutors to the post of Public Prosecutors (Group "A" Gazetted) in the Directorate of Prosecution on regular basis in Level 11 of the Pay Matrix as per C.C.S. (Revised Pay) Rules, 2016 and
other allowances to be fixed as per rules with immediate effect.
1. Shri Visitacao Geri Costa. 2. Ms. Frances B. Noronha. 3. Smt. Anna Braganza e Mendonza. 4. Shri Roy J. D'Souza.
5. Shri Devanand M. Korgaonkar. 6. Shri Ralston X. Barreto. 7. Smt. Archana Bhobe. 8. Ms. Jennifer Santamaria.
The pay of the above officers shall be fixed in terms of provision of F.R. 22(1)(a)(1) and they shall /posted at the places indicated against their names with immediate effect, in public interest:-
Sr. Name of the From To No. officer
1. Shri Sammy SDPO, Dy. SP Konkan
Tavares Mapusa Railway, Margao.
2. Shri Gajanan V. Dy. SP, PHQ, SDPO, Mapusa.
Prabhudessai Panaji
3. Shri Rajendra V. Dy. SP, Addl. charge of Raut Dessai Security, SPCR, Panaji
Panaji JSOCD & DCHG.
4. Smt. Ezilda Dy. SP, EOC Addl. charge of D'Souza Panaji Dy. SP, PHQ,
Panaji.
2. The officers shall join their above posting
immediately without availing joining period.
S. M. Prabhudessai, Superintendent of Police, HQ.
Panaji, 6th March, 2019.
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Department of Industries __
Order
exercise their option within one month from the date of issue of this order.
The expenditure towards the pay and allowances
shall be debited under:-
"Demand No. 5
2014 — Admn. of Justice; 00 (Non Plan);
114 — Legal Advisors & Counsels;
No. 3/17/2017-IND/119
The Government is pleased to constitute a committee of the following Members to scrutinize applications to recongnize Institutions as Skill Training Providers (STP) for the purpose of target Scheme namely "Incentives to Industries for Training Prospective Employees Scheme, 2017" OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 under the "Goa State Incentives to Encourage Investments Scheme, 2017" called as "Umbrella Scheme".
1. Chief Executive Officer, — Chairman.
Goa Investment Promotion and Facilitation Board, Panaji-Goa
2. Deputy Director, — Member.
Directorate of Technical Education, Panaji-Goa
3. Deputy Director, — Member.
Directorate of Skill Develop- ment & Craftsmen Training, Panaji-Goa
4. Deputy Director (Administra- — Convener.
tion), Directorate of Industries, Trade and Commerce, Panaji-Goa
The terms of reference of the Committee are as
follows:-
(i) The Committee shall meet as and when
required.
(ii) The Committee may devise a standard procedure for requirements to be met by the applicants.
(iii) The Committee shall issue a certificate mentioning that the certificate is valid for "Incentives to Industries for Training Prospective Employees Scheme, 2017" only.
Official Gazette, Series II No. 4 dated 26-04-2018 (hereinafter referred to as the "said Order"), as follows:-
In the said Order, for the existing Schedule, the following Schedule shall be substituted, namely:-
"(1) Whether the instant dispute pertaining to the strike/agitation held by the medical and sales promotion employees employed by M/s. Wallace Pharmaceuticals Private Limited, Goa, can be construed as an industrial dispute under the provisions of the Industrial Disputes Act, 1947 (Central Act 14 of 1947)?
(2) If the answer to the issue No. (1) above is in the affirmative, then, whether the management of M/s. Wallace Pharma- ceuticals Private Limited, Panaji, proves that the strike resorted by the workmen/ /Medical Representatives on 27-06-2017, 27-07-2017 and 28-07-2017, is illegal and unjustified?
(3) If the answer to the issue No. (2) above is in the affirmative, then, to what relief the parties herein are entitled?".
By Order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 1st March, 2019.
________
Notification
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Industries).
Porvorim, 7th March, 2019.
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Department of Labour __
No. 28/2/2019-LAB/176
The following award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 12-02-2019 in reference No. IT/90/00 is hereby published as required under Section 17 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
By order and in the name of the Governor of
Order
No. 28/34/2017-LAB/183
Read: Government Order No. 28/34/2017-LAB/269
dated 17-04-2018, published in the Official Gazette, Series II No. 4 dated 26-04-2018.
In exercise of the powers conferred by Clause (d) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), read with Section 21 of the General Clauses Act, 1897 (Central Act 10 of 1897), the Government of Goa hereby amends the Government Order No. 28/34/ /2017-LAB/269 dated 17-04-2018, published in the Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 28th February, 2019.
______
IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT
GOVERNMENT OF GOA AT PANAJI
(Before Mr. Vincent D'Silva, Hon'ble Presiding Officer)
Ref. No. IT/90/00 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 Shri Mathew Soares (In-charge), C/o. Emelina Fernandes, Silver Arc Co-op. Housing Society, Flat No. F-1, Dongorvaddo, Fatorda, Margao-Goa. … Workman/Party I
V/s
M/s. Hotel Gold Star, Margao-Goa. … Employer/Party II
Workman/Party I represented by Shri K. V. Nadkarny.
Employer/Party II represented by Ld. Adv. Shri G. B. Kamat.
AWARD
(Delivered on this the 12th day of the month of February of the year 2019)
By Order dated 27-11-2000, bearing No. IRM/ /CON/SG/(45)/99/5915, the Government of Goa in exercise of powers conferred by Section 10 (1)(d) of the Industrial Disputes Act, 1947 (for short The Act), has referred the following dispute to the Tribunal for adjudication.
"(1) Whether the action of the management of M/s. Hotel Gold Star, Margao-Goa, in refusing employment to Shri Mathew Soares, In-charge, with effect from 7-7-1999 is legal and justified?
(2) If not, to what relief the workman is
entitled?"
2. Upon receipt of the reference, it was registered as IT/99/00 and registered A/D notices were issued to both the parties. Pursuant to service of notices, Party I filed the Claim statement at Exhibit 5 and Party II filed the Written statement at Exhibit 6.
3. In short, the case of the Party I is that the Party I was in the employment of Party II as a Clerk from 24-6-1985 and that he was on leave with intimation from 17-6-1999 to 6-7-1999 and accordingly he was supposed to resume work for duties from 7-7-1999. However, on 7-7-1999 when Party I came to report back for duties after his leave, he was sent away without any written communication. He also made his efforts to report back for duties again on 8-7-1999, 9-7-1999 and 15-7-1999 respectively, but he was sent away and in view of refusal of employment by the Party II, he wrote a letter dated 28-7-1999 which was sent under registered A/D. He also wrote a letter to Dy. Labour Commissioner requesting for his intervention in the matter and subsequently he received instructions from Dy. Labour Commissioner to report back for duties immediately. Accordingly, he reported on 18-11-1999, however Mr. Sagar Karpe died on that day and thereafter all the establishments were closed. He again contacted the owner and reported for work on 6-12-1999 and requested that he be allowed to report back as per the letter of Dy. Labour Commissioner but again he was refused employment. The Dy. Labour Commissioner called Party I and the employer for conciliation, but the employer neglected to attend the conciliation and as such the matter was finally ended in failure. The action of the employer in refusing employment w.e.f. 7-7-1999 is illegal and bad in law and therefore it may be set aside and the employer be directed to reinstate him in the employment with full back wages.
4. In the Written statement, the Party II has stated that the workman remained absent from 18-1-1999 till 30-4-1999 without giving any prior intimation to the employer, however on allowing him to resume his duties from 1-5-1999, the workmen worked till 16-6-1999 and again remained absent from 17-6-1999 till 6-7-1999 and during said period, the workmen had gone abroad for employment. The workmen also refused to work pursuant to the letter dated 10-8-1999. The Party II has permanently closed down its hotel establishment w.e.f. 1-4-2002 and terminated services of all the employees working therein. The Party I is not entitled for any reliefs.
5. The Party I filed a rejoinder at Exh. 7 denying the case put forth by Party II in the written statement.
6. Issues came to be framed at Exh. 8, which are
as follows:
1) Whether the Party I proves that he was refused employment by the Party II w.e.f. 7-7-1999?
2) Whether the Party I proves that the action of the Party II in refusing employment to him w.e.f. 7-7-1999 is illegal and unjustified?
3) Whether the Party II proves that the Party I
is self employed?
4) Whether the Party I is entitled to any relief?
5) What Award?
7. The Party I, Shri Mathew Soares examined himself and produced on record a copy of interview call letter dated 4-6-1985 at Exh. W-1, a copy of letter dated 28-7-1999 at Exh. W-2, a copy of letter dated 6-8-1999 at Exh. W-3, a copy of letter dated 10-8-1999 at Exh. W-4, a copy of letter dated 17-11-1999 issued by Dy. Labour Commissioner at Exh. W-5, a copy of letter dated 6-12-1999 issued to Party II at Exh. W-6, a copy of reply letter dated OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 18-4-2000 issued to Party II at Exh. W-7, a copy of letter dated 27-4-2000 to Party II at Exh. W-8, a copy of letter dated 27-4-2000 to Party II by Dy. Labour Commissioner at Exh. W-9, a copy of letter issued to Party II at Exh. W-10, a copy of letter dated 16-5-2000 to Party II by Dy. Labour Commissioner at Exh. W-11, a copy of letter dated 23-5-2000 by Party II to Dy. Labour Commissioner at Exh. 12, a copy of letter dated 23-5-2000 at Exh. W-13, a copy of letter dated 1-6-2000 to Party II at Exh. W-14, a copy of minutes of meeting dated 7-6-2000 at Exh. W-15, a copy of report of failure on conciliation proceedings at Exh. W-16. The Party I also examined Shri Shambu Shirodkar as witness No. 2. On the other hand, the Party II examined Shri Prithviraj Karpe as witness and closed its case.
8. Heard arguments. Notes of Written arguments came to be placed on record by Party I as well as Party II.
9. I have gone through the records of the case and have duly considered the arguments advanced. My findings to the above issues are as follows:
Issue No. 1 … In the Affirmative. Issue No. 2 … In the Affirmative. Issue No. 3 … In the Negative. Issue No. 4 … As per final order. Issue No. 5 … As per final order.
REASONS
Issue No. 1 and 2:
10. Shri K. V. Nadkarny for the Party I has submitted that the Party I reported for duties on 7-7-1999, 8-7-1999, 9-7-1999 and 15-7-1999 as per letter dated 28-7-1999 at Exh. W-2 and letter dated 10-8-1999 at Exh. W-4, but he was not allowed to do so. The Party I workman, Shri Mathew Soares has also stated that he attended his duty from 18-1-1999 till 30-4-1999 and signed the attendance register and was received salary for the above period, which fact is not in dispute. The workman has also stated that he reported for duties as per letter dated 6-12-99 at Exh 6, letter dated 18-4-2000 at Exh. W-7, letters dated 27-4-2000 at Exh. W-8 and W-9 and letter dated 2-5-2000 at Exh. 10, but was refused employment, which has been duly corroborated by the Labour Inspector, Shri Shambu Shirodkar. It therefore reveals that the Party I reported back for duties as per direction of Dy. Labour Commissioner, but was refused employment. The witness examined by the Party II, Shri Prithviraj Karpe has stated that the Party I was working with them till 6-7-1999. He claimed that he does not know whom Party I met in the office from 7-7-1999 to 9-7-1999 and on 15-9-1999 and what order was given to Party I on the said dates. He also stated that he has no personal knowledge about the absence of Party I from 18-1-1999 till 30-4-1999. He also admitted that he was present in the premises of establishment when the workman had come along with the Labour Inspector.
11. The evidence of the parties therefore clearly show that the Party I workman had attended his duties from 7-7-1999 but he was refused employment despite his repeated attempts for reporting for duties. The contention of Party II that they were ready and willing to take the Party I workman back in service but he refused to comply with the order, cannot be accepted in view of the above documents produced by Party I. Moreover, the persons involved and were in-charge of the administration viz. Sagar Karpe and Ramnath Karpe have not been examined. There is nothing on record that the Party II allowed Party I to join the duties and that he refused to work stating that he would be working on the same table. The evidence therefore clearly states that inspite of several efforts, the Party II refused employment to Party I and therefore the action of Party II in refusing employment to Party I from 7-7-1999 is illegal and unjustified. It is therefore the issues No. 1 and 2 are answered in the affirmative.
Issue No. 3, 4 and 5:
12. The Party I in the claim statement has never stated that he was unemployed from the date of refusal of employment with Party II. He has however stated in his evidence that he is unemployed and inspite of his efforts, he could not get employment anywhere, which has not been supported by any evidence. Be that as it may, Ld. Adv. Shri G. B. Kamat for Party II has submitted that the Party I has been working abroad since the date of his termination and that the said establishment has been closed since 2012. He also submitted that the matter was settled and the parties had also filed the consent terms at Exh. 29 and since the Party I workman who was abroad was unable to come and sign the settlement, the matter could not be disposed of. It is seen that the parties had filed the consent terms on 22-10-2018 at Exh. 29 and that they had agreed to pay an aggregate amount of Rs. 50,000/- (Rupees Fifty Thousand only) in full and final settlement of all his claims, demands, towards wages/salary, gratuity and all other legal dues, if any in respect of his employment with Party II. The said consent terms were later on withdrawn on 4-2-2019 as Party I was not in a position to sign the said consent terms. I am also OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 of the view considering the facts and circumstances of the case, an aggregate amount of Rs. 50,000/- (Rupees Fifty Thousand only) as compensation would be just, fair and equitable and would serve the ends of justice. Hence, the above issues are answered accordingly.
13. In the result, I pass the following:
ORDER
(i) The present reference stands partly
allowed.
(ii) It is hereby held that the action of the management of M/s. Hotel Gold Star, Margao-Goa, in refusing employment to Shri Mathew Soares, in-charge, with effect from 7-7-1999 is illegal and unjustified.
(iii) The Party II is directed to pay the Party I workman an amount of Rs. 50,000/- (Rupees Fifty Thousand only) as monetary compensation, which shall be deposited before the Tribunal within 60 days of the publication of the Award, failing which the Party II shall pay an interest @ 9% per annum.
(iv) Inform the Government accordingly.
Sd/- (Vincent D'Silva) Presiding Officer, Industrial Tribunal and Labour Court.
________
Ms. Filomena Rodrigues and 19 Ors., Rep. by the General Secretary, All Goa General Employees Union, P. O. No. 90, Vasco-da-Gama, Goa. … Workmen/Party I
V/s
M/s. Magic Electronics, Verna, Salcete, Goa. … Employer/Party II
None Present for Workmen/Party I.
Employer/Party II represented by Ld. Adv. Shri A.
V. Nigalye.
AWARD
(Delivered on this the 11th day of the month of February of the year 2019)
By Order dated 25-11-2004, bearing No. 28/28/ 2004-LAB/983, the Government of Goa in exercise of powers conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short The Act), has referred the following dispute to this Tribunal for adjudication.
"(1) Whether the action of the management of M/s. Magic Electronics, Verna, in transferring the services of the below mentioned workpersons from Goa to Pondicherry, with effect from 1-1-2004, is legal and justified?
Notification
No. 28/2/2019-LAB/177
The following award passed by the Industrial Tribunal and Labour Court, at Panaji-Goa on 11-02-2019 in reference No. IT/59/04 is hereby published as required under Section 17 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 28th February, 2019.
______
IN THE INDUSTRIAL TRIBUNAL AND LABOUR COURT
GOVERNMENT OF GOA AT PANAJI
(Before Mr. Vincent D'Silva, Hon'ble Presiding Officer)
Ref. No. IT/59/04 1. Ms. Filomena Rodrigues. 2. Ms. Florinda Barbosa. 3. Ms. Maria Vaz. 4. Ms. Mangala T. Naik. 5. Ms. Reshma Tirodkar. 6. Ms. Gracy Victoria. 7. Ms. Antoneta Gama. 8. Ms. Arti Tirodkar. 9. Ms. Suchitra Arondekar. 10. Ms. Antoneta Fernandes. 11. Ms. Julie Barreto. 12. Ms. Anarita D'Silva. 13. Ms. Pedrina Gama. 14. Ms. Paquina Mesquita. 15. Ms. Prafulla Naik. 16. Ms. Rosy Lucas. 17. Ms. Olivia Braganza. 18. Ms. Socorina Lucas. 19. Ms. Smita Naik. 20. Ms. Sanghavi Naik.
(2) If not, what relief the workpersons are
entitled to?"
2. Upon receipt of the reference, IT/59/04 was registered. Notices were issued to both the parties under registered post, upon which both the parties were served. Party I thereafter filed the Claim statement at Exh. 4 and the Party II filed Written statement at Exh. 8.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 20193. Briefly stated, the case of the Party I is that they are the members of All Goa General Employees Union and the workers of Party II joined their Union in October, 1998 and subsequently they negotiated and solved various industrial disputes between them including Charter of demands for wages and their service conditions. The Party II had obtained loans, subsidies and other facilities from the State Government. The Party II on 1-1-2004 conveyed their alleged decision to shift their entire manufacturing activities to Pondicherry and directed each individual worker to report for work at Pondicherry w.e.f. 8-1-2004. The workers however informed the management that their letter amounted to change in service conditions, nevertheless they agreed to work at Pondicherry and requested the management to provide escort to go to Pondicherry; secured accommodation in Pondicherry; outstation allowance of Rs. 150/- per day and advance of Rs. 2000/- towards expenses to start work at Pondicherry.
4. The Union also made attempts to meet the management and discuss the issue, however the management disappeared from Goa without paying the wages and the bonus due. The alleged shifting of entire manufacturing activities from Goa to Pondicherry is nothing but a total closure of the factory at Verna. The sudden transfer from Goa to Pondicherry caused an adverse change in service conditions and the refusal on the part of the employer to discuss or negotiate any of the said demands indicate that the alleged transfer is malafide and that it is only a ruse to terminate the workers without paying the legal dues. The Party II has declared an illegal lockout/closure of their factory at Verna without any prior notice. The action of the Party II is neither legal nor justified. Hence, the dispute.
5. In the written statement, the Party II has claimed that the Party II was manufacturing electronic gadgets for other agencies, however in the year 2003 the Government of Goa has withdrawn concessions earlier extended and as such it was uneconomical for the Party II to carry on manufacturing activities in Goa, hence the Party II decided to shift the manufacturing base to Pondicherry as the said Government had declared the benefits such as tax holidays, etc. The services of the employees were transferred to Pondicherry, however none of the employees reported to their establishment at Pondicherry and on the contrary raised unreasonable demands. There is no illegality of whatsoever nature nor there is any breach of service conditions. The Union has no right to represent the workmen. All the workers were asked to report on one day. There were no obligations on Party II to provide any facility demanded by Party I. The Party II however discontinued their manufacturing activities in Pondicherry from Februar y, 2005 and they have no other manufacturing activities at any other place.
6. Issues that came to be framed at Exh. 9 are as
follows:
(1) Whether action of the Party II in transferring services of the Party I/Workpersons from Goa to Pondicherry with effect from 1-1-2004 is legal and justified?
(2) To what relief the Party I/Workpersons are
entitled?
(3) What Award?
7. It is a matter of record that an additional issue was framed on 13-7-2017 at Exh. 47. It is as follows:
(1) Whether Party II proves that it closed its factory at Pondicherry with effect from February, 2005?
8. In the course of evidence, the Party I examined Shri. Nilkant Y. Phadte, General Secretary of the Union as witness and produced on record a copy of letter dated 5-1-2004 at Exh. 17, a copy of letter dated 5-1-2004 from the Union regarding change in service conditions at Exh. 18, a copy of letter dated 9-1-2004 from the Union at Exh. 19, a copy of letter dated 5-2-2004 from the employer to the Union at Exh. 20, a copy of letter dated 6-4-2004 addressed to Dy. Labour Commissioner at Exh. 21, a copy of minutes of conciliation proceedings dated 18-8-2004 at Exh. 22, a copy of report of failure of conciliation proceedings at Exh. 23.
9. On the other hand, the Party II examined Shri Suresh Agarwal and produced on record a copy of letter dated 10-6-2004 addressed to Inspector of Factories along with challan at Exh. 26 colly, a copy of letter dated 14-1-2004 to the workers by Party II at Exh. 27, a copy of letter dated 5-2-2004 by Party II to the Union at Exh. 28, copies of letter dated 9-2-2004, 10-3-2004, 6-4-2004, 20-4-2004, 29-5-2004 by Party II to the Dy. Labour Commissioner at Exh. 29 to Exh. 33, a copy of letter dated 12-4-2004 by Inspector of Factories and Boilers at Exh. 34, a copy of letter dated 14-1-2004 issued by Party II to Union at Exh. 35, a copy of letter dated 12-1-2004 by Dy. Labour Commissioner to Party II at Exh. 36, a copy of letter dated 5-1-2004 to Party II at Exh. 37, a copy of letter dated 5-1-2004 to Party II at Exh. 38, a copy of letter dated 1-1-2004 to Inspectorate of Factories and Boilers at Exh. 39, a copy of letter dated 1-1-2004 to Antoinette OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 Fernandes at Exh. 40, copies of letter dated 1-1-2004 to Elvis Gonsalves and Mr. Raju Bapat at Exh. 41 colly and copies of A/D card in the name of workpersons at Exh. 42 colly. The Party II also examined Shri Asit Agarwal as witness No. 2 pursuant to order passed on amendment and produced on record a copy of letter dated 31-3-2005 to Labour Officer (Enforcement), Pondicherry at Exh. 50, a copy of letter dated 31-3-2005 to Mr. D. Kumar at Exh. 51, a copy of Registration Certificate dated 12-1-2004 at Exh. 52, a copy of Form No. III dated 12-1-2004 at Exh. 53, copies of Form Nos. I, V, XI and XIII at Exh. 54 colly and closed its case.
10. Heard arguments. Notes of Written arguments came to be placed on record by Party II.
11. I have gone through the records of the case and have duly considered the arguments advanced. My answers to the above issues are as follows:
Issue No. 1 … In the Negative. Issue No. 2 … As per Final order. Issue No. 3 … As per Final order. Addl. Issue … In the Affirmative.
REASONS
Issue No. 1:
12. It is the case of the Party II that All Goa General Employees Union has no locus standi to represent the workmen and that they have challenged their authority. Ld. Adv. Shri A. V. Nigalye has submitted that when the authority of the Union to represent the workmen is challenged, it is for the Union to prove that the workmen are its members and that they have given authority to the Union to represent them in the dispute and that the Union has passed a resolution to espouse the dispute to represent the workmen. The Party I workmen has examined General Secretary, Shri Nilkant Phadte, however no evidence has been brought on record by the Union to prove that any of the workmen whose names are mentioned in the order of reference were members of their Union or that they have authorised to take up the dispute or that the Union had passed any resolution to espouse the matter. It is therefore not known whether the workmen were the members of the said Union on the date of reference and whether the Union was authorised by them to espouse the dispute. Moreover, none of the workmen of Party I were examined to prove the above fact. Shri Nilkant Phadte has also not stated anything about the authority and competence of the Union and therefore, on the above ground alone, the reference would fail.
13. Ld. Adv. Shri Nigalye has submitted and rightly so, that there is no bar under the Standing Orders for the transfer of the factory. Section 25-FF of the Act deals with compensation to workmen in case of transfer of ownership or management and in such cases, the workmen are entitled to notice and compensation in terms of above provision, which is not the case in the present matter as the establishment has been transferred from Goa to Pondicherry without change in ownership or management. Shri Nilkant Phadte has also admitted that vide letter dated 1-1-2004 at Exh. 39, the said undertaking has been transferred. Moreover, Section 9A of the Industrial Disputes Act does not prevent any employer from transferring his establishment from one place to another. The law also does not provide for any compensation/ /monetary benefit in case of transfer of an establishment from one place to another. There is no dispute that wages are paid on 7th of every month and that the transfer was made on 1-1-2004 and therefore, the question of payment of wages for the month of December, 2003 does not arise. The issue regarding payment of wages or bonus is also not part of the reference and as such, the Tribunal does not have jurisdiction to deal with the same.
14. Admittedly, the workmen did not report at Pondicherry on the ground that their demands were not met. It is an also admitted fact that the workers were assured that they would be paid transport charges on reporting to Pondicherry. Shri Nilkant Phadte has also admitted in the cross examination that the letter dated 1-1-2004 at Exh. 41 colly provides that the transport allowance would be paid to the workmen once they report to Pondicherry and therefore, the demands for transport allowances and other allowances are misplaced and untenable. Had the workmen reported to Pondicherry as per the letter dated 1-1-2004 at Exh. 41 colly, their grievances of accommodation, transport allowance, etc. could have been justified. There is no dispute that the said transfer of establishment from Goa to Pondicherry does not amount to lock-out/closure as claimed by Party I workmen. The order of reference is also regarding transfer of factory from one place to another and not about lock-out/closure of the unit and therefore, the claim of Party I that the transfer of the workmen amounted to illegal lock-out/closure is without any basis.
15. Moreover, the term lock-out under Section 2(l) means temporary closing of a place of employment or suspension of work or refusal by an employer to continue to employ any number of OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 the Party I workmen failed to report to Pondicherry after the factory was transferred by raising unreasonable demands. The said establishment at Pondicherry is also closed in a short period of one year and therefore, no relief as prayed for by Party I workmen can be granted.
18. In the result, I pass the following:
ORDER
person employed by him and the term closure under 2(cc) of the Industrial Disputes Act means permanent closing down of a place of employment or part thereof. None of the elements mentioned under Section 2(l) or 2(cc) of the Act apply to the transfer of a factory from one place to another and therefore, the transfer of establishment from Goa to Pondicherry cannot be termed as lock-out or closure. There is no dispute that the entire establishment from Goa has been transferred to Pondicherry and that it is neither closed down nor locked out. The factory continued to operate in Pondicherry after it was transferred from Goa. It is not the case of Party I that the establishment was employing more than 100 workmen and that Chapter V-B of the Act applies where permission of the Government is required before the closure, nor there are any pleadings or evidence on that count. On the contrary, it has been admitted that the factory was transferred and thereafter closed at Pondicherry from February, 2005. The Party I therefore have failed to show that the action of transferring the services of Party I from Goa to Pondicherry w.e.f. 1-1-2004 is illegal and unjustified and therefore, the issue No. 1 is answered in the negative.
Additional Issue No. 1:
i. It is hereby held that action of the management of M/s. Magic Electronics, Verna, in transferring the services of the above mentioned workpersons from Goa to Pondicherry, with effect from 1-1-2004, is legal and justified.
ii. The Party I/Workmen are therefore not
entitled for any reliefs.
iii. No order as to costs.
iv. Inform the Government accordingly.
Sd/- (Vincent D'Silva) Presiding Officer, Industrial Tribunal and Labour Court.
———uuu———
Department of Personnel
__
Order
No. 6/10/2017-PER/718
The Governor of Goa is pleased to nominate Managing Director, Goa State SC & OBC Finance Development Corporation as ex officio Member Secretary of the Goa State Commission for Backward Classes, with immediate effect.
By Order and in the name of the Governor of
Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 1st March, 2019. ________
Order
16. Shri Asit Agrawal examined on behalf of the Party II has stated that the factory at Pondicherry has been closed in February, 2005. He has also produced on record the copy of letter dated 31-3-2005 at Exh. 50 addressed to Labour Officer (Enforcement), Pondicherry for cancellation of Shop Act Registration wherein it has been stated that they are suffering losses since their workers from Goa have not reported for work at Pondicherry. The letter dated 31-3-2005 at Exh. 51 show that they had surrendered the vacant shed as they are suffering huge losses and that they have decided to close down the business. The said documents clearly demonstrate that the business activity at Pondicherry has been closed w.e.f. February, 2005 and that they requested the authority concerned to cancel the license. There is no evidence contrary to what has been stated by Party II in the written statement as well as in affidavit in evidence. It is therefore, the above issue is answered in the affirmative.
No. 13/17/2016-PER/729
Issue No. 2 & 3:
17. Once the Party I has failed to prove that the transfer of services of Party I workmen from Goa to Pondicherry w.e.f. 1-1-2004 is illegal and unjustified and that the transfer amounted to illegal lock-out/ /closure of the factory and that they never intended to employ any workers at Pondicherry, the Party I workmen will not be entitled for any reliefs. In fact, Whereas, the Government vide order No. 13/17/ /2016-PER/3159 dated 30-11-2018 was pleased to grant extension in services to Shri S. P. Singnapurkar, Junior Scale Officer of Goa Civil Service presently posted as Special Land Acquisition Officer, Public Works Department for a period of six months w.e.f. 01-12-2018 to 31-05-2019 subject to approval of Council of Ministers;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019Order
And whereas, the Vigilance Department has
submitted Vigilance Clearance stating that, no Disciplinary Proceedings/Vigilance cases are pending or being contemplated against Shri Singnapurkar;
And whereas, the Finance Department vide its U.O. No. 1400050060 dated 26-12-2018 concurred
the proposal for grant of extension of Shri Singnapurkar subject to Cabinet approval and adherence of all rules in force;
And whereas, the Council of Ministers in its XXXIXth meeting held on 18-02-2019 resolved to grant ex-post facto approval for extension in service
beyond superannuation to Shri S.P. Singnapurkar, Junior Scale Officer of Goa Civil Service presently posted as Special Land Acquisition Officer, Public Works Department for a period of six months w. e. f. 01-12-2018 to 31-05-2019.
No. 6/5/2011-PER(B)/753
Read: 1) Order No. 6/5/2011-PER/686 dated
27-02-2019.
2) Order No. 6/5/2011-PER(A) dated
04-03-2019.
The Governor of Goa is pleased to transfer
Shri Vivek H. P. (IAS), Deputy Collector & SDM, Bicholim as Deputy Collector & SDM, Tiswadi.
The order shall be deemed to have been issued on the date of the order read in preamble at Sr. No. (1).
By order and in the name of the Governor of
Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 4th March, 2019. ________
Order
Now, therefore, the Government is pleased to
confirm the order No. 13/17/2016-PER/3159 dated 30-11-2018 granting extension in service beyond superannuation to Shri S. P. Singnapurkar, Junior Scale Officer of Goa Civil Service presently posted as Special Land Acquisition Officer, Public Works Department for a period of six months
w.e.f. 01-12-2018 to 31-05-2019.
By order and in the name of the Governor of
Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 4th March, 2019.
________
No. 6/3/2002-PER(Vol.I)/771
Whereas, on the recommendation of the Departmental Promotion Committee (DPC) meeting held on 28-06-2017, as conveyed by the Goa Public Service Commission vide letter No. COM/II/11/42(4)/ /2016(Part file)/889 dated 29-09-2017, the Junior Scale Officers were promoted to Senior Scale of Goa Civil Service, in Level 11 of the CCS (Revised Pay) Rules, 2016 vide Order No. 6/3/2002-PER (Vol. I)/3069 dated 11-10-2017;
And whereas, the Departmental Promotion Committee (DPC) earlier held on 28-06-2017 did not consider Smt. Sharmila Zuzarte for promotion;
Order
No. 22/2/2019-PER/746
In pursuance to the Government of India, Ministry of Home Affairs, New Delhi Order No. 14020/03/2018-UT-I dated 11-01-2019, the Governor of Goa is pleased to appoint Shri Pankaj Kumar Singh, IPS (AGMUT 2008), as Superintendent of
Police.
Shri Pankaj Kumar Singh, IPS (AGMUT 2008), has reported for duty to this Administration on 31-01-2019 (b. n.).
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 28th February, 2019.
And whereas, upon representation from Smt. Sharmila Zuzarte, for expunging adverse remark in the APAR for the year 2014-15, the Competent Authority decided to treat the said APAR as non-Est/null and void;
And whereas, considering the above development, a proposal was referred to GPSC for review of DPC held on 28-06-2017;
And whereas, the GPSC vide letter No. COM/II/ /11/42(4)/2016 (Part file)/373 dated 18-02-2019 has conveyed recommendation of the DPC to promote Smt. Sharmila Zuzarte to the post of Senior Scale Officer of Goa Civil Service on regular basis in the review DPC held on 14-02-2019;
Now therefore, the Governor of Goa is pleased to promote Smt. Sharmila Zuzarte in terms of Rule 31 of the Goa Civil Service Rules, 2016 to Senior Scale in Level 11 of the CCS (Revised Pay) Rules, 2016 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019
Notification
notionally w.e.f. 11-10-2017 and place her in the promotion Order bearing No. 6/3/2002-PER(Vol. I) dated 11-10-2017 as under:
Sr. Name of the Officer Position in promotion No.
order
1. Smt. Sharmila Zuzarte Below Shri Devidas S.
Gaonkar and above Shri Pandharinath Naik.
The officer shall exercise option for fixation of pay in promotional grade in terms of F. R. 22(I)a(1), within a period of one month from the date of issue of this order.
By order and in the name of the Governor of
Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 6th March, 2019. ________
No. 7/3/2019-PER/347
The Governor of Goa is pleased to order the allocation of work/Departments amongst the Secretaries to the Government as follows with immediate effect:-
Sr. Name & Designation Department No.
1 2 3
1. Shri Parimal Rai, IAS 1. Vigilance/Chief
(1985), Chief Secretary Vigilance Officer.
2. Home. 3. Personnel. 4. ARD. 5. Forest. 6. PWD. 7. Transport.
8. Industries, Trade &
Commerce.
Order
No. 22/3/2019-PER/779
Pursuent to the Government of India, Ministry of Home Affairs, New Delhi Order No. 14020/03/ /2018-UT-I dated 11-01-2019, the Governor of Goa is pleased to appoint Ms. Aslam Khan, IPS (AGMUT 2007), as Superintendent of Police.
Ms. Aslam Khan, IPS (AGMUT 2007) has reported for duty to this Administration on 04-02-2019 (b.n.) after availing 12 days joining period from 19-01-2019 to 30-01-2019 and 4 days commuted leave from 31-01-2019 to 03-02-2019.
By order and in the name of the Governor of
Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 06th March, 2019.
________
2. Shri P. Krishnamurthy, Principal Secretary
IAS (1997), Principal to the Chief Minister Secretary to with additional charge Chief Minister of Pr. Resident
Commissioner, New Delhi.
3. Shri W. V. R. Murthy, 1. Co-operation.
IAS (2001), Commi- 2. Social Welfare. ssioner & Secretary 3. Civil Aviation. (Co-operation) 4. Protocol.
5. General Adminis-
tration.
6. Urban Development.
4. Shri Daulat A. 1. Finance.
Hawaldar, IAS (2003), 2. Mines and Geology. Commissioner & 3. Tribal Welfare. Secretary (Finance) 4. Art & Culture.
Order
No. 22/4/2019-PER/775
Pursuent to the Government of India, Ministry of Home Affairs, New Delhi Order No. 14020/01/ /2019.UT-I dated 25-02-2019, the Governor of Goa is pleased to appoint Shri Pranab Nanda, IPS (AGMUT; 1988) as Director General of Police, Goa w.e.f. 01-03-2019 (a.n.).
By order and in the name of the Governor of
Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 06th March, 2019.
5. Planning & Statistics. 6. Fisheries. 7. Agriculture. 8. Town & Country
Planning.
5. Shri P. S. Reddy, IAS 1. Ports.
(2003) Secretary 2. River Navigation. (Ports) 3. Information &
Publicity.
4. Public Grievances. 5. NRI Affairs. 6. Official Language. 7. Institute of Public
Assistance & Provedoria.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 20191 2 3 1 2 3
6. Shri Rupesh Kumar 1. Secretary to Governor.
Thakur, IAS (2006) 2. Museum. Secretary to 3. Archives. Governor 4. Archeology.
5. Printing & Stationery. 6. Civil Supplies. 7. Gazetteer.
7. Shri Ameya Abhyankar, 1. Information IAS (2007), Secretary Technology. (Information 2. Chief Executive Technology) Officer, Entertain-
ment Society of Goa.
3. Additional charge
of Director (Mines & Geology).
8. Smt. Nila Mohanan, 1. Education.
IAS (2007), Secretary 2. Power. (Education) 3. Non-Conventional
Energy. 4. Revenue. 5. Labour & Employ-
ment.
9. Shri Govind Jaiswal, 1. Environment.
IAS (2007), 2. Science & Technology. Secretary (Environ- 3. Legal Metrology. ment) 4. Factories and
Boilers.
5. Handicrafts,
Textiles & Coir. 6. Special Secretary
(Vigilance).
10. Shri J. Ashok Kumar, 1. Secretary to Chief
IAS (2008), Secretary Minister. to Chief Minister 2. Health.
3. Sports & Youth
Affairs. 4. Tourism. 5. Nodal Officer for ODF & Swatch Bharat Mission.
11. Shri Sanjay Gihar, IAS 1. Water Resource (2008), Secretary Department. (Water Resource 2. Housing. Department) 3. Panchayat.
4. Rural Development
Agency.
5. Animal Husbandry &
Veterinary Services.
6. Additional charge of Member Secretary, Goa State Commi- ssion for Protection of Child Rights.
12. Shri Chokha Ram 1. Secretary, Goa Public Garg, IAS (2008) Service Commission. Secretary (Goa Public 2. Women and Child Service Commission/ Development. /Women and Child 3. Skill Development Development) & Entrepreneurship.
4. Law Judiciary &
Legislature Affairs.
This issues in supersession of Notification No. 7/21/2017-PER/2093 dated 02-07-2018 and No. 7/21/2017-PER/2476 dated 09-10-2018.
By order and in the name of the Governor
of Goa.
Harish N. Adconkar, Under Secretary (Personnel I).
Porvorim, 05th March, 2019.
________
Order
No. 6/5/2011-PER(A)/754
Read: Order No. 6/5/2011-PER/686 dated 27-02-2019.
The Governor of Goa is pleased to order transfer of the following Junior Scale Officers of Goa Civil
Service in public interest as under:-
Sr. Name of the officer & present post Posted as No.
1 2
3
1. Shri Vivek Naik, Administrator of Communidade, North Zone.
Chief Officer, Bicholim Municipal Council He shall continue to draw his salary against the post of Chief Officer, Bicholim Municipal Council.
2. Shri Vikas Kamble, Administrator of Communidade, Central Zone. He Asst. Commissioner of Commercial Taxes shall continue to draw his salary against the post of Asst. Commissioner of Commercial Taxes (ACCT). (ACCT) OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019 1 2
3
3. Shri Vishal Kundaikar, Deputy Collector & SDO (Satari).
Chief Officer, Cuncolim Municipal Council
4. Shri Sachin S. Desai, Deputy Collector & SDM, Bicholim.
Under Secretary (Law & Estt.)
5. Shri Sagar Gaude, Deputy Collector (DRO), North.
Asst. Commissioner of Commercial Taxes
6. Shri Kabir K. Shirgaonkar, Deputy Collector & SDO-II, Bardez.
Deputy Director (Admin), DSLR
7. Shri Raju Rogunath Dessai, Deputy Collector & SDO-II, Salcete.
Deputy Registrar, Goa College of Engineering, Farmagudi
8. Smt. Snehal Prabhu, Deputy Collector (LA), South.
Dy. Collector & SDO-II, Salcete
9. Shri Paresh Faldessai, Deputy Collector & SDM, Mormugao.
Dy. Collector (Revenue), South
10. Shri Mahadev Araundekar, Dy. Collector (Revenue), South.
Deputy Collector & SDM, Mormugao
Shri Clen Madeira, Chief Officer, Mapusa Municipal Council shall hold the charge of the post of Chief Officer, Bicholim Municipal Council in addition to his own duties.
Smt. Sangeeta Porob, Asst. Commissioner of Commercial Taxes shall hold the charges of the posts of Asst. Commissioner of Commercial Taxes & SLAO, Goa Housing Board held by Shri Vikas Kamble in addition to her own duties.
Shri Kapil C. Phadte, Chief Officer, Cacora Curchorem Municipal Council shall hold the charge of the post of Chief Officer, Cuncolim Municipal Council in addition to his own duties.
Shri Amir Parab, Under Secretary to Minister for Urban Development shall hold the charge of the post of Under Secretary (Law-Estt.) in addition to his own duties.
Shri Harish Adconkar, Under Secretary (Personnel-I), shall hold the charge of the post of OSD in Goa Real Estate Regulatory Authority in addition to his own duties.
Shri Chandresh Kunkalkar, Asst. Commissioner of Commercial Taxes shall hold the charge of the post of Asst. Commissioner of Commercial Taxes held by Shri Sagar Gaude in addition to his own duties.
Shri Pradeep Naik, Deputy Registrar of Co-operative Societies (Tech.), shall hold the charge of the post of Deputy Director (Admn.), DSLR in addition to his own duties.
Shri Navnath Naik, Chief Officer, Ponda Municipal Council, shall hold the charges of the posts of Deputy Registrar, Goa College of Engineering, Farmagudi & Member Secretary, Rajiv Kala Mandir, Ponda in addition to his own duties.
Shri Paresh Faldessai, Deputy Collector & SDM, Mormugao shall hold the charge of Member Secretary, Ravindra Bhavan, Baina, Vasco in addition to his own duties.
This issues in supersession of the order read in preamble and shall deemed to have been issued on the date of the order read in preamble.
By order and in the name of the Governor of Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 04th March, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019Addendum
No. 5/23/2004-PER/(Part-I)/781 Department of Revenue __
Notification
Read: Order No. 6/9/2009-PER (Part-I)/2242 dated
16-07-2018.
In the order read in the preamble, the following
shall be added:
The officers at Sr. No. 1, 7, 10, 12, 13 & 14 shall be on deputation basis, and shall be governed by standard terms of deputation as amended from time to time.
By order and in the name of the Governor of
Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 07th March, 2019.
———uuu———
Department of Public Health __
No. 16/8/10/2018/REV-I/567
In exercise of the powers conferred by the second proviso to Clause (ii) of sub-section (6) of Section 32 of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969), the Government of Goa hereby exempts Sisters of St. Joseph of Cluny, a charitable Society, registered under No. 418 dated 29-6-1973 under the Societies Registration Act, 1860, c/o. Dr. Roque Ferreira Hospital, Verna, Goa from payment of fees of Rs. 2,09,700/- (Rupees two lakhs nine thousand seven hundred only) payable for conversion of the land admeasuring an area of 2330 sq. mts., surveyed under Survey No. 3/11 of village Verna, situated at village Verna, Taluka Salcete, District South Goa, State of Goa, under the said Code, 1968, subject to the condition that the said land shall be used exclusively for the purpose of construction of hospital for charitable purpose.
Order
No. 4/10/2002-II/PHD/Vol. I/5270
Read: Memorandum No. 4/10/2002-II/PHD/Vol. I/
/5230 dated 27-02-2019.
By order and in the name of the Governor of
Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 06th March, 2019.
________
Notification
On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/I/5/30(1)/2018/368 dated 08-02-2019, Government is pleased to appoint Dr. Milind Madan Deshpande to the post of Associate Professor in the Department of Orthopaedic Surgery (Group "A" Gazetted) under the Goa Medical College, Bambolim in Level-11 of Pay Matrix [Pay Band-3 Rs. 15,600-39,100+Grade Pay of Rs. 6,600/- (pre-revised)] with immediate effect and as per the terms and conditions in the Memorandum cited above.
Dr. Milind Madan Deshpande shall be on
probation for a period of two years.
Dr. Milind Madan Deshpande has been declared medically fit by the Medical Board and his verification of the character and antecedents has been verified at the time of initial appointment as Lecturer in the Department of Orthopaedic Surgery in Goa Medical College vide Order No. 4/10/2002-II/ /PHD/Vol.I dated 12-04-2013.
The appointment is made against the vacancy occurred due to voluntary retirement tendered by Dr. Sambprasad Nadkarni, Associate Professor from the said post w.e.f. 04-07-2017.
By order and in the name of the Governor of
Goa.
Trupti B. Manerkar, Under Secretary (Health).
Porvorim, 1st March, 2019.
No. 16/8/7/2018/REV-I
In exercise of the powers conferred by Clause (a) of Section 35 of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969) (hereinafter referred to as the "said Code"), the Government of Goa, being of the opinion that it is necessary in the public interest for the purpose of carrying out the objects of the said Code, hereby exempts,-
(i) the land acquired by the Government for the purpose of construction of International Airport at Mopa, Taluka Pernem, District North Goa, State of Goa; and
(ii) the land admeasuring an area of 24,500 sq. mts., surveyed under Survey No. 207 of Village Casarvanem, Taluka Pernem, District North Goa, State of Goa and which is shown as portion marked "A" in the plan annexed hereto, from the operation of the provisions of Sections 30, 32, 33 and 34 of the said Code.
This Notification shall come into force on the
date of its publication in the Official Gazette.
By order and in the name of the Governor of
Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 05th March, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019AREA EXEMPTED VIDE NOTIFICATION NO. 16/8/7/ /2018-REV-I DATED 5TH MARCH 2019 UNDER THE PROVISIONS OF GOA LAND REVENUE CODE 1968 (ACT NO. 9 OF 1969)............ 24500 SQ MTS.
———uuu———
Department of Tribal Welfare
Directorate of Tribal Welfare __
his resignation to the Chairman of Board of Director
of the Goa State Scheduled Tribes Finance and
Development Corporation Limited.
Order
No. 1-285-2018-19/ADMN/DTW/8607
Whereas, Board of Director of Goa State Scheduled Tribes Finance and Development Corporation Limited was re-constituted by Order No. 1-285-2017-18/ADMN/DTW/5659 dated 30-10-2017.
And whereas, Shri Ravindra Gaonkar, Board of Director of Goa State Scheduled Tribes Finance and Development Corporation Limited submitted And whereas, in the 71st Board of Directors
meeting, the resignation letter of Shri Ravindra
Gaonkar, Board of Director of ST Corporation was
discussed in the Board of Directors meeting and
resolution was recorded at point No. 18 of the
meeting, deciding to accept the resignation of
Shri Ravindra Gaonkar and intimating to the
Government and requesting to appoint Director in
place of him.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 50 14TH MARCH, 2019And whereas, the note received from the Chairman of Goa State Scheduled Tribes Finance and Development Corporation Limited along with copy of resolution was placed before the Government.
Accordingly Government has conveyed the approval for accepting resignation of Shri Ravindra Gaonkar.
Therefore upon approval of Government, resignation of Shri Ravindra Gaonkar is accepted by the Government and he stands relieved as a Board of Director from Board of Directors of Goa State Scheduled Tribes Finance and Development Corporation Limited with immediate effect.
This issues with the approval of Government.
By order and in the name of the Governor of
Goa.
Venancio Furtado, Director & ex officio Joint
Secretary (Tribal Welfare).
Panaji, 7th March, 2019.
________
Government Printing Press __
S u b s c r i p t i o n R a t e s
N o t i c e
The subscribers to the Official Gazette are kindly reminded that their present subscription term ends on the 31st March, 2019, being the end of financial year.
In case they wish to continue to be subscribers for the
ensuing financial year 2019-2020 they have to renew their
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Subscriptions also can be opened for half year i.e. from 1st April or 1st October or for any quarter, beginning on 1st April, 1st July, 1st October or 1st January.
Renewal of subscription from 1st April should be
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is actually opened/renewed.
Order
No. 1-285-2018-19/ADMN/DTW/8608
In exercise of the powers under provision of Clause 116(3) of the Article of Association of the Goa State Scheduled Tribes Finance and Development Corporation Limited, Government of Goa is please to appoint Shri Marcus Mario Pereira, r/o H. No. 12/A, Old Mardol, Verna, Salcete-Goa as a Board of Director against the vacant post of Director in the pursuance of order No. 1-285-2018- -19/ADMN/DTW/8607 dated 7-03-2019, in the Board of Directors of Goa State Scheduled Tribes Finance and Development Corporation Limited.
He shall be entitled for sitting allowance as per the Government Notification/Orders issued from time to time.
By order and in the name of the Governor of
Goa.
Venancio Furtado, Director & ex officio Joint
Secretary (Tribal Welfare).
Panaji, 7th March, 2019.
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