Panaji, 14th March, 2019 (Phalguna 23,1940)
SERIES II No. 50
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2018-20
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: [email protected]
991
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
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/
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.
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.
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, 2019
992
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.
1
2
3
4
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 50
14TH MARCH, 2019
993
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.
1
2
3
4
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 50
14TH MARCH, 2019
994
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).
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)/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.
Order
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.
———uuu———
Department of Animal Husbandry &
Veterinary Services
__
Order
No. 2/13/95-AH/PF/2018-19/7252
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, 2019
995
Order
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.
———uuu———
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
996
________
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.
———u———
Directorate of Art and Culture
__
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.
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.
7) Shri Vilas Bicholkar.
8) Mrs. Sufala Anay Velip.
9) Shri Tushidas Das Kavlekar.
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.
———uuu———
Department of Elections
Goa State Election Commission
__
Notification
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
997
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).
\Panaji, 06th March, 2019.
———uuu———
Department of Home
Home—General Division
__
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
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;
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.
———u———
Office of the Director General of Police
__
Order
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/
/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.
———uuu———
Department of Industries
__
Order
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
998
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.
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Industries).
Porvorim, 7th March, 2019.
———uuu———
Department of Labour
__
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
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
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
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
999
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
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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
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1001
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.
________
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
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?
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.
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3. 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
February, 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
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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
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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:
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.
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,
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
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
No. 13/17/2016-PER/729
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
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14TH MARCH, 2019
1005
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.
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.
________
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.
Order
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
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;
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
1006
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.
________
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.
________
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.
Notification
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.
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.
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, 2019
1007
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.
1
2
3
1
2
3
________
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
(ACCT)
of Asst. Commissioner of Commercial Taxes (ACCT).
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 50
14TH MARCH, 2019
1008
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.
1
2
3
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 50
14TH MARCH, 2019
1009
Addendum
No. 5/23/2004-PER/(Part-I)/781
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
__
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.
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.
Department of Revenue
__
Notification
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.
By order and in the name of the Governor of
Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 06th March, 2019.
________
Notification
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, 2019
1010
AREA 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.
Department of Tribal Welfare
Directorate of Tribal Welfare
__
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
his resignation to the Chairman of Board of Director
of the Goa State Scheduled Tribes Finance and
Development Corporation Limited.
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.
———uuu———
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 50
14TH MARCH, 2019
1011
And 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.
________
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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