661

Panaji, 31st May, 2018 (Jyaistha 10, 1940)

SERIES I No. 9

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

Department

Notification/Order

Subject

Pages

1. Education, Art & Culture

Not.- DE/ADM.III/ACCOM/

Closure of Scheme.

661

Dir. & ex officio Jt. Secy.

/60/2017-18/1028

2. Law & Judiciary

Not.- 10/8/2017-LA/183(P)

The Human Immunodeficiency Virus & Acquired 662

Joint Secretary

Immune Deficiency Syndrome (Prevention and

Control) Act, 2017.

3. Personnel

Not.- 1/6/83-PER(Vol.II)

RR— (Outside Secretariat). 678

Additional Secretary

(Pt. III)

4. Revenue

Ord.- 35/2/2013-RD/964

Permission for LIC Goa to pay consolidated

680

Under Secretary

Stamp duty.

5. Tribal Welfare

Not.- 1-200/2018-19/ADMN/

Amendment of Celebration of Prerana Din

680

Dir. & ex officio Jt. Secy.

/DTW/SD/939

Scheme.

INDEX

There are three Extraordinary issues to the Official Gazette, Series I No. 8 dated 24-5-2018 as namely:–

(1) Extraordinary dated 25-5-2018 from pages 655 to 656 from Department of Finance (Revenue & Control Division)

Not. No. 38/1/2017-Fin(R&C) (60) regarding Authorisation of NACIT&N to conduct examination as per GGST Act, 2017.

(2) Extraordinary (No. 2) dated 28-5-2018 from pages 657 to 658 from Department of Finance (Revenue & Control

Division) Not. No. 38/1/2017-Fin(R&C)(11/2018-Rate) regarding Amendment of Goa Goods and Services Tax, 2017.

(3) Extraordinary (No. 3) dated 30-5-2018 from pages 659 to 660 from Department of Finance (Revenue & Control

Division) Not. No. 1-49-2017-18/DSSL/Part/1012 regarding amendment of Notification dated 17-11-2017.

NOTE

GOVERNMENT OF GOA

Department of Education, Art & Culture

Directorate of Education

___

Notification

DE/ADM.III/ACCOM/60/2017-18/1028

Government vide its decision taken in the

XXIVth Cabinet Meeting of the Council of

Ministers held on 28-12-2017 has decided

to close down the Scheme to provide

Government land and unused Government

buildings to Registered Cultural/Educational,

Social/Sports/Institutions/Professional

Institutions like bar Association, Chartered

Accountant Association etc., 2013 by relaxing

Rule 279 of General Financial Rules, 2005.

The Scheme No. DE/ADM.III/POL-DEC/Vac-

-Sch/Bldg/2013/449

published

the

Government Gazette dated 17th April, 2014,

Series I No. 3 stands closed.

By order and in the name of the Governor

of Goa.

Gajanan P. Bhat, Director & ex officio Joint

Secretary (Education).

Porvorim, 1st February, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

31ST MAY, 2018

662

Department of Law & Judiciary

Legal Affairs Division

___

Notification

10/8/2017-LA/183(P)

The Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome

(Prevention and Control) Act, 2017 (Central

Act No. 16 of 2017), which has been passed

by Parliament and assented to by the

President on 20-04-2017 and published in the

Gazette of India, Extraordinary, Part II,

Section 1, dated 21-04-2017, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 16th October, 2017.

_______

The Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome

(Prevention and Control) Act, 2017

Amendment of Sections

CHAPTER I

Preliminary

Sections

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

Prohibition of certain Acts

3. Prohibition of discrimination.

4. Prohibition of certain acts.

CHAPTER III

Informed consent

5. Informed consent for undertaking HIV test

or treatment.

6. Informed consent not required for conducting

HIV tests in certain cases.

7. Guidelines for testing centres, etc.

CHAPTER IV

Disclosure of HIV status

8. Disclosure of HIV status.

Sections

9. Disclosure of HIV-positive status to partner of

HIV-positive person.

10. Duty to prevent transmission of HIV.

CHAPTER V

Obligation of establishments

11.

Confidentiality of data.

12.

HIV and AIDS policy for establishments.

CHAPTER VI

Anti-retroviral therapy and opportunistic infection

Management for people living with HIV

13.

Central Government and State Government

to take measures.

14.

Anti-retroviral Therapy and Opportunistic

Infection

Management

Central

Government and State Government.

CHAPTER VII

Welfare measures by the Central Government and

State Government

15.

Welfare measures by Central Government and

State Government.

16.

Protection of property of children affected by

HIV or AIDS.

17.

Promotion of HIV and AIDS related

information, education and communication

programmes.

18.

Women and children infected with HIV or

AIDS.

CHAPTER VIII

Safe working environment

19.

Obligation of establishments to provide safe

working environment.

20.

General responsibility of establishments.

21.

Grievance redressal mechanism.

CHAPTER IX

Promotion of strategies for reduction of risk

22.

Strategies for reduction of risk.

CHAPTER X

Appointment of ombudsman

23.

Appointment of Ombudsman.

24.

Powers of Ombudsman.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

31ST MAY, 2018

663

Sections

25.

Procedure of complaint.

26.

Orders of Ombudsman.

27.

Authorities to assist Ombudsman.

28.

Report to State Government.

CHAPTER XI

Special provisions

29.

Right of residence.

30.

HIV-related information, education and

communication before marriage.

31.

Persons in care or custody of State.

32.

Recognition of guardianship of older

sibling.

33.

Living

wills

for

guardianship

and

testamentary guardianship.

CHAPTER XII

Special procedure in Court

34.

Suppression of identity.

35.

Maintenance applications.

36.

Sentencing.

CHAPTER XIII

Penalties

37.

Penalty for contravention.

38.

Penalty for failure to comply with orders of

Ombudsman.

39.

Penalty for breach of confidentiality in legal

proceedings.

40.

Prohibition of victimisation.

41.

Court to try offences.

42.

Offences to be cognizable and bailable.

CHAPTER XIV

Miscellaneous

43.

Act to have overriding effect.

44.

Protection of action taken in good faith.

45.

Delegation of powers.

46.

Guidelines.

47.

Power of Central Government to make

rules.

48.

Laying of rules before both Houses of

Parliament.

49.

Power of State Government to make rules and

laying thereof.

50.

Power to remove difficulties.

The Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome

(Prevention and Control) Act, 2017

ACT

to provide for the prevention and control of

the spread of Human Immunodeficiency

Virus and Acquired Immune Deficiency

Syndrome and for the protection of human

rights of persons affected by the said virus

and syndrome and for matters connected

therewith or incidental thereto.

Whereas

the

spread

Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome is a matter of

grave concern to all and there is an urgent

need for the prevention and control of said

virus and syndrome;

And whereas there is a need to protect

and secure the human rights of persons

who are HIV-positive, affected by Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome and vulnerable

to the said virus and syndrome;

And whereas there is a necessity for

effective care, support and treatment for

Human

Immunodeficiency

Virus

and

Acquired Immune Deficiency Syndrome;

And whereas there is a need to protect

the rights of healthcare providers and

other persons in relation to Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome;

And whereas the General Assembly of the

United Nations, recalling and reaffirming

its previous commitments on Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome, has adopted

the Declaration of Commitment on Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome (2001) to

address

the

problems

Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome in all its aspects

and to secure a global commitment to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

31ST MAY, 2018

664

“enhancing co-ordination and intensification

of national, regional and international efforts

to combat it in a comprehensive manner;

And whereas the Republic of India, being a

signatory to the aforesaid Declaration, it is

expedient to give effect to the said Declaration.

Be it enacted by Parliament in the Sixty-

-eighth Year of the Republic of India as

follows:–

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Act may be called the Human

Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome (Prevention

and Control) Act, 2017.

(2) It extends to the whole of India.

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

the Central Government may, by notification

in the Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “AIDS” means Acquired Immune

Deficiency

Syndrome,

condition

characterized by a combination of signs

and symptoms, caused by Human

Immunodeficiency Virus, which attacks and

weakens the body’s immune system

making the HIV-positive person susceptible

to life threatening conditions or other

conditions, as may be specified from time

to time;

(b) “capacity to consent” means ability

of an individual, determined on an objective

basis, to understand and appreciate the

nature and consequences of a proposed

action and to make an informed decision

concerning such action;

person below the age of eighteen years,

who is HIV-positive or whose parent or

guardian (with whom such child normally

resides) is HIV-positive or has lost a parent

or guardian (with whom such child

resided) due to AIDS or lives in a household

fostering children orphaned by AIDS;

(d) “discrimination” means any act or

omission which directly or indirectly,

expressly or by effect, immediately or over

a period of time,–

(i) imposes any burden, obligation,

liability, disability or disadvantage on

any person or category of persons,

based on one or more HIV-related

grounds;

(ii) denies or withholds any benefit,

opportunity or advantage from any

person or category of persons, based on

one or more HIV-related grounds,

and the expression “discriminate” to be

construed accordingly.

Explanation 1.— For the purposes of this

clause, HIV-related grounds include—

(i) being an HIV-positive person;

(ii) ordinarily living, residing or

cohabiting with a person who is HIV-

-positive person;

(iii) ordinarily lived, resided or cohabited

with a person who was HIV-positive.

Explanation 2.— For the removal of

doubts, it is hereby clarified that adoption

of medically advised safeguards and

precautions to minimise the risk of infection

shall not amount to discrimination;

(e) “domestic relationship”

means a relationship as defined

under clause (f) of section 2 of the

Protection

Women

from

Domestic Violence Act, 2005;

(f) “establishment” means a body

corporate or co-operative society or any

organization or institution or two or more

persons jointly carrying out a systematic

43 of 2006.

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665

activity for a period of twelve months or

more at one or more places for

consideration or otherwise, for the

production, supply or distribution of goods

or services;

(g) “quidelines” means any statement

or any other document issued by the

Central Government indicating policy or

procedure or course of action relating to

HIV and AIDS to be followed by the

Central Government, State Governments,

governmental and non-governmental

organizations and establishments and

individuals dealing with prevention, control

and treatment of HIV or AIDS;

(h) “healthcare provider” means any

individual whose vocation or profession is

directly or indirectly related to the

maintenance of the health of another

individual and includes any physician,

nurse, paramedic, psychologist, counselor

or other individual providing medical,

nursing, psychological or other healthcare

services including HIV prevention and

treatment services;

(i) “HIV” means Human Immunode-

ficiency Virus;

(j)”HIV-affected person” means an

individual who is HIV-positive or whose

partner (with whom such individual

normally resides) is HIV-positive or has lost

a partner (with whom such individual

resided) due to AIDS;

(k) “HIV-positive person” means a person

whose HIV test has been confirmed positive;

(l) “HIV-related information” means any

information relating to the HIV status of a

person and includes–

(i) information relating to the

undertaking performing the HIV test or

result of an HIV test;

(ii) information relating to the care,

support or treatment of that person;

(iii) information which may identify

that person; and

(iv) any other information concerning

that person, which is collected, received,

accessed or recorded in connection with

an HIV test, HIV treatment or HIV-related

research or the HIV status of that person;

(m) “HIV test” means a test to determine

the presence of an antibody or antigen of HIV;

(n) “informed consent” means consent

given by any individual or his representative

specific to a proposed intervention without any

coercion, undue influence, fraud, mistake or

misrepresentation and such consent obtained

after informing such individual or his

representative, as the case may be, such

information, as specified in the guidelines,

relating to risks and benefits of, and

alternatives to, the proposed intervention in

such language and in such manner as

understood by that individual or his

representative, as the case may be;

(o) “notification” means a notification

published in the Official Gazette;

(p) “partner” means a spouse, de facto

spouse or a person with whom another person

has relationship in the nature of marriage;

(q)

“person”

includes

individual, a Hindu Undivided Family,

a company, a firm, an association of

persons or a body of individuals,

whether incorporated or not, in India

or outside India, any corporation

established by or under any Central

or State Act or any company

including a Government company

incorporated under the Companies

Act, 1956, any Limited Liability

Partnership under the Limited

Liability Partnership Act, 2008, any

body corporate incorporated by or

under the laws of a country outside

India, a co-operative society

registered under any law relating to

co-operative societies, a local

authority, and every other artificial

juridical person;

(r) “prescribed” means prescribed by rules

made by the Central Government or the State

Government, as the case may be;

6 of 2009.

OFFICIAL GAZETTE — GOVT. OF GOA

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31ST MAY, 2018

666

(s) “protected person” means a person who

is—

(i) HIV-positive; or

(ii) ordinarily living, residing or

cohabiting with a person who is HIV-

positive person; or

(iii) ordinarily lived, resided or cohabited

with a person who was HIV-positive;

(t) “reasonable accommodation” means

minor adjustments to a job or work that

enables an HIV-positive person who is

otherwise qualified to enjoy equal benefits or

to perform the essential functions of the job

or work, as the case may be;

(u) “relative”, with reference to the

protected person, means—

(i) spouse of the protected person;

(ii) parents of the protected person;

(iii) brother or sister of the protected

person;

(iv) brother or sister of the spouse of the

protected person;

(v) brother or sister of either of the

parents of the protected persons;

(vi) in the absence of any ofthe relatives

mentioned at sub-clauses (i) to (v), any

lineal ascendant or descendant of the

protected person;

(vii) in the absence of any of the relatives

mentioned at sub-clauses (i) to (vi), any

lineal ascendant or descendant of the

spouse of the protected person;

(v) “significant-risk” means—

(a) the presence of significant-risk

body substances;

(b) a circumstance which constitutes

significant-risk for transmitting or

contracting HIV infection; or

and an uninfected person,

Explanation.— For the purpose of this

clause,—

(i) “significant-risk body substances” are

blood, blood products, semen, vaginal

secretions, breast milk, tissue and the body

fluids, namely, cerebrospinal, amniotic,

peritoneal, synovial, pericardial and pleural;

(ii) “circumstances which constitute

significant-risk

for

transmitting

contracting HIV infection” are—

(A) sexual intercourse including

vaginal, anal or oral sexual intercourse

which exposes an uninfected person to

blood, blood products, semen or vaginal

secretions of an HIV positive person;

(B) sharing of needles and other

paraphernalia used for preparing and

injecting drugs between HIV-positive

persons and uninfected persons;

feeding of an infant when the mother is

an HIV-positive person;

(D) transfusion of blood, blood

products, and transplantation of organs

or other tissues from an HIV-positive

person to an uninfected person, provided

such blood, blood products, organs or

other tissues have not been tested

conclusively for the antibody or antigen

of HIV and have not been rendered non-

-infective by heat or chemical treatment;

and

(E) other circumstances during which

a significant-risk body substance, other

than breast milk, of an HIV-positive

person contacts or may contact mucous

membranes including eyes, nose or

mouth, non-intact skin including open

wounds, skin with a dermatitis condition

or abraded areas or the vascular system

of an uninfected person, and including

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

31ST MAY, 2018

667

such circumstances not limited to

needlestick or puncture wound injuries

and direct saturation or permeation of

these body surfaces by the significant-

risk body substances:

Provided that “significant-risk” shall not

include—

(i) exposure to urine, faeces, sputum,

nasal secretions, saliva, sweat, tears or

vomit that does not contain blood that is

visible to the naked eye;

(ii) human bites where there is no direct

blood to blood, or no blood to mucous

membrane contact;

(iii) exposure of intact skin to blood or

any other blood substance; and

(iv)

occupational

centres

where

individuals use scientifically accepted

Universal

Precautions,

prohibitive

techniques and preventive practices in

circumstances which would otherwise

pose a significant-risk and such techniques

are not breached and remain intact;

(w) “State AIDS Control Society” means the

nodal agency of the State Government

responsible for implementing programmes in

the field of HIV and AIDS;

(x) “State Government”, in relation to a

Union territory, means the Administrator of

that Union territory appointed by the

President

under

article

239

the

Constitution; and

(y) “Universal Precautions” means control

measures that prevent exposure to or reduce,

the risk of transmission of pathogenic agents

(including HIV) and includes education,

training, personal protective equipment such

as gloves, gowns and masks, hand washing,

and employing safe work practices.

CHAPTER II

Prohibition of certain acts

3. Prohibition of discrimination.— No

person shall discriminate against the

protected person on any ground including

any of the following, namely:—

(a) the denial of, or termination from,

employment or occupation, unless, in the case

of termination, the person, who is otherwise

qualified, is furnished with—

(i) a copy of the written assessment of a

qualified and independent healthcare

provider competent to do so that such

protected person poses a significant risk of

transmission of HIV to other person in the

workplace, or is unfit to perform the duties

of the job; and

(ii) a copy of a written statement by the

employer stating the nature and extent of

administrative or financial hardship for not

providing him reasonable accommodation;

(b) the unfair treatment in, or in relation

to, employment or occupation;

unfair treatment in, healthcare services;

(d) the denial or discontinuation of, or unfair

treatment in, educational, establishments and

services thereof;

(e) the denial or discontinuation of, or unfair

treatment with regard to, access to, or

provision or enjoyment or use of any goods,

accommodation, service, facility, benefit,

privilege or opportunity dedicated to the use

of the general public or customarily available

to the public, whether or not for a fee,

including shops, public restaurants, hotels

and places of public entertainment or the use

of wells, tanks, bathing ghats, roads, burial

grounds or funeral ceremonies and places of

public resort;

(f) the denial, or, discontinuation of, or

unfair treatment with regard to, the right of

movement;

(g) the denial or discontinuation of, or,

unfair treatment with regard to, the right to

reside, purchase, rent, or otherwise occupy,

any property;

OFFICIAL GAZETTE — GOVT. OF GOA

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668

(h) the denial or discontinuation of, or,

unfair treatment in, the opportunity to stand

for, or, hold public or private office;

(i) the denial of access to, removal from, or,

unfair treatment in, Government or private

establishment in whose care or custody a

person may be;

(j) the denial of, or unfair treatment in, the

provision of insurance unless supported by

actuarial studies;

(k) the isolation or segregation of a

protected person;

(l) HIV testing as a pre-requisite for

obtaining

employment,

accessing

healthcare services or education or, for the

continuation of the same or, for accessing or

using any other service or facility:

Provided that, in case of failure to furnish

the written assessment under sub-clause (i)

of clause (a), it shall be presumed that there

is no significant-risk and that the person is fit

to perform the duties of the job, as the case

may be, and in case of the failure to furnish

the written statement under sub-clause (ii)

of that clause, it shall be presumed that there

is no such undue administrative or financial

hardship.

4. Prohibition of certain acts.— No person

shall, by words, either spoken or written,

publish, propagate, advocate or communicate

by signs or by visible representation or

otherwise the feelings of hatred against any

protected persons or group of protected

person in general or specifically or

disseminate, boardcast or display any

information, advertisement or notice, which

may reasonably be construed to demonstrate

an intention to propagate hatred or which is

likely to expose protected persons to hatred,

discrimination or physical violence.

CHAPTER III

Informed consent

5. Informed consent for undertaking HIV

test or treatment.— (1) Subject to the

provisions of this Act,—

(a) no HIV test shall be undertaken or

performed upon any person; or

(b) no protected person shall be subject

to medical treatment, medical interventions

or research,

except with the informed consent of such

person or his representative and in such

manner, as may be specified in the

guidelines.

(2) The informed consent for HIV test shall

include pre-test and post-test counseling to

the person being tested or such person’s

representative in the manner as may be

specified in the guidelines.

6. Informed consent not required for

conducting HIV tests in certain cases.— The

informed consent for conduction an HIV test

shall not be required—

(a) where a court determines, by an

order that the carrying out of the HIV test

of any person either as part of a medical

examination or otherwise, is necessary for

the determination of issues in the matter

before it;

(b) for procuring, processing, distribution

or use of a human body or any part thereof

including tissues, blood, semen or other

body fluids for use in medical research or

therapy:

Provided that where the test results are

requested by a donor prior to donation, the

donor shall be referred to counseling and

testing centre and such donor shall not be

entitled to the results of the test unless he

has received post-test counseling from such

centre;

purposes where the HIV test is anonymous

and is not for the purpose of determining

the HIV status of a person:

Provided that persons who are subjects

of such epidemiological or surveillance

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

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669

studies shall be informed of the purposes

of such studies; and

(d) for screening purposes in any

licensed blood bank.

7. Guidelines for testing centres, etc.— No

HIV test shall be conducted or performed by

any testing or diagnostic centre or pathology

laboratory or blood bank, unless such centre

or laboratory or blood bank follows the

guidelines laid down for such test.

CHAPTER IV

Disclosure of HIV status

8. disclosure of HIV status.— (1)

Notwithstanding anything contained in any

other law for the time being in force,—

(i) no person shall be compelled to

disclose his HIV status except by an order

of the court that the disclosure of such

information is necessary in the interest of

justice for the determination of issues in

the matter before it;

(ii) no person shall disclose or be

compelled to disclose the HIV status or any

other private information of other person

imparted in confidence or in a relationship

of a fiduciary nature, except with the

informed consent of that other person or a

representative of such another person

obtained in the manner as specified in

section 5, as the case may be, and the fact

of such consent has been recorded in

writing by the person making such

disclosure:

Provided that, in case of a relationship

of a fiduciary nature, informed consent

shall be recorded in writing.

(2) The informed consent for disclosure of

HIV-related information under clause (ii) of

sub-section (1) is not required where the

disclosure is made—

(a) by a healthcare provider to another

healthcare provider who is involved in the

care, treatment or counseling of such

person, when such disclosure is necessary

to provide care or treatment to that

person;

(b) by an order of a court that the

disclosure of such information is necessary

in the interest of justice for the

determination of issues and in the matter

before it;

persons, where the disclosure for such

information is necessary in filing suits or

legal proceedings or for instructing their

counsel;

(d) as required under the provisions of

section 9;

(e) if it relates to statistical or other

information of a person that could not

reasonably be expected to lead to the

identification of that person; and

(f) to the officers of the Central

Government or the State Government or

State AIDS Control Society of the concerned

State Government, as the case may be, for

the purposes of monitoring, evaluation or

supervision.

9. Disclosure of HIV-positive status to

partner of HIV-positive person.— (1) No

healthcare provider, except a physician or a

counselor, shall disclose the HIV-positive

status of a person to his or her partner.

(2) A healthcare provider, who is a

physician or counselor, may disclose the HIV-

positive status of a person under his direct

care to his or her partner, if such healthcare

provider—

(a) reasonably believes that the partner

is at the significant risk of transmission of

HIV from such person; and

(b) such HIV-positive person has been

counseled to inform such partner; and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

31ST MAY, 2018

670

person will not inform such partner; and

(d) has informed the HIV-positive person

of the intention to disclose the HIV-positive

status to such partner:

Provided that disclosure under this

sub-section to the partner shall be made in

person after counselling:

Provided further that such healthcare

provider shall have no obligation to identify

or locate the partner of an HIV-positive

person:

Provided also that such healthcare provider

shall not inform the partner of a woman where

there is a reasonable apprehension that

such information may result in violence,

abandonment or actions which may have a

severe negative effect on the physical or

mental health or safety of such woman, her

children, her relatives or someone who is

close to her.

(3) The healthcare provider under sub-

-section (1) shall not be liable for any criminal

or civil action for any disclosure or non-

-disclosure of confidential HIV-related

information made to a partner under this

section.

10. Duty to prevent transmission of HIV.—

Every person, who is HIV-positive and has

been counseled in accordance with the

guidelines issued or is aware of the nature of

HIV and its transmission, shall take all

reasonable precautions to prevent the

transmission of HIV to other persons which

may include adopting strategies for the

reduction of risk or informing in advance his

HIV status before any sexual contact with

any person or with whom needles are shared

with:

Provided that the provisions of this section

shall not be applicable to prevent

transmission through a sexual contact in the

case of a woman, where there is a reasonable

apprehension that such information may

result in violence, abandonment or actions

which may have a severe negative effect on

the physical or mental health or safety of such

woman, her children, her relatives or

someone who is close to her.

CHAPTER V

Obligation of Establishments

11. Confidentiality of data.— Every

establishment keeping the records of HIV-

related information of protected persons

shall adopt data protection measures in

accordance with the guidelines to ensure

that such information is protected from

disclosure.

Explanation.— For the purpose of this

section, data protection measures shall

include procedures for protecting information

from disclosure, procedures for accessing

information, provision for security systems to

protect the information stored in any form

and mechanisms to ensure accountability and

liability of persons in the establishment.

12. HIV and AIDS policy for establish-

ments.— The Central Government shall notify

model HIV and AIDS policy for establishments,

in such manner, as may be prescribed.

CHAPTER IV

Anti-Retroviral Therapy and Opportunistic Infection

Management for People Living with HIV

13. Central Government and State

Government to take measures.— The Central

Government and every State Government, as

the case may be, shall take all such measures

as it deems necessary and expedient for the

prevention of spread of HIV or AIDS, in

accordance with the guidelines.

14. Anti-retroviral Therapy and Oppor-

tunistic Infection Management by Central

Government and State Government.— (1) The

measures to be taken by the Central

Government or the State Government under

section 13 shall include the measures for

providing, as for as possible, diagnostic

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facilities relating to HIV or AIDS, Anti-

retroviral Therapy and Opportunistic Infection

Management to people living with HIV or

AIDS.

(2) The Central Government shall issue

necessary guidelines in respect of protocols

for HIV and AIDS relating to diagnostic

facilities, Anti-retroviral Therapy and

Opportunistic Infection Management which

shall be applicable to all persons and shall

ensure their wide dissemination.

CHAPTER VII

Welfare Measures by the Central Government and

State Government

15. Welfare measures by Central Govern-

ment and State Government.— (1) The Central

Government and every State Government

shall take measures to facilitate better access

to welfare schemes to persons infected or

affected by HIV or AIDS.

(2) Without prejudice to the provisions of

sub-section (1), the Central Government and

State Government shall frame schemes to

address the needs of all protected persons.

16. Protection of property of children

affected by HIV or AIDS.— (1) The Central

Government or the State Government, as the

case may be, shall take appropriate steps to

protect the property of children affected by

HIV or AIDS for the protection of property of

child affected by HIV or AIDS.

(2) The parents or guardians of children

affected by HIV and AIDS, or any person

acting for protecting their interest, or a child

affected by HIV and AIDS may approach the

Child Welfare Committee for the safe keeping

and deposit of documents related to the

property rights of such child or to make

complaints relating to such child being

dispossessed or actual dispossession or

trespass into such child’s house.

Explanation.— For the purpose

of this section, “Child Welfare

Committee” means a Committee

set-up under section 29 of the

Juvenile

Justice

(Care

and

Protection of Children) Act, 2000.

17. Promotion of HIV and AIDS related

information, education and communication

programmes.— The Central Government and

the State Government shall formulate HIV and

AIDS related information, education and

communication programmes which are

age-appropriate, gender-sensitive, non-

-stigmatising and non-discriminatory.

18. Women and children infected with HIV

or AIDS.— (1) The Central Government shall

lay down guidelines for care, support and

treatment of children infected with HIV or

AIDS.

(2) Without prejudice to the generality of

the provisions of sub-section (1) and

notwithstanding anything contained in any

other law for the time being in force, the

Central Government, or the State Government

as the case may be, shall take measures to

counsel and provide information regarding

the outcome of pregnancy and HIV-related

treatment to the HIV infected women.

(3) No HIV positive woman, who is

pregnant, shall be subjected to sterilization

or abortion without obtaining her informed

consent.

CHAPTER VIII

Safe Working Environment

19. Obligation of establishments to provide

safe

working

environment.—

Every

establishment, engaged in the healthcare

services and every such other establishment

where there is a significant risk of

occupational exposure to HIV, shall, for the

purpose

ensuring

safe

working

environment,—

(i) provide, in accordance with the

guidelines,—

(a) Universal Precautions to all persons

working in such establishment who may

be occupationally exposed to HIV; and

56 of 2000.

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(b) training for the use of such

Universal Precautions;

persons working in such establishment

who may be occupationally exposed to

HIV or AIDS; and

(ii) inform and educate all persons

working in the establishment of the

availability of Universal Precautions and

Post Exposure Prophylaxis.

20. General responsibility of establish-

ments.— (1) The provisions of this Chapter

shall be applicable to all establishments

consisting of one hundred or more persons,

whether as an employee or officer or member

or director or trustee or manager, as the case

may be:

Provided that in the case of healthcare

establishments, the provisions of this sub-

-section shall have the effect as if for the words

“one hundred, or, more”, the words “twenty

or more” had been substituted.

(2) Every person, who is in charge of an

establishment, referred to in sub-section (1),

for the conduct of the activities of such

establishment, shall ensure compliance of the

provisions of this Act.

21. Grievance Redressal mechanism.—

Every establishment referred to in sub-

-section (1) of section 20 shall designate such

person, as it deems fit, as the Complaints

Officer who shall dispose of complaints of

violations of the provisions of this Act in the

establishment, in such manner and within

such time as may be prescribed.

CHAPTER IX

Promotion of Strategies for Reduction of Risk

22. Strategies for reduction of risk.—

Notwithstanding anything contained in any

other law for the time being in force any

strategy or mechanism or technique adopted

or implemented for reducing the risk of HIV

transmission, or any act pursuant thereto, as

carried out by persons, establishments or

organisations in the manner as may be

specified in the guidelines issued by the

Central Government shall not be restricted

or prohibited in any manner, and shall not

amount to a criminal offence or attract civil

liability.

Explanation.— For the purpose of this

section, strategies for reducing risk of HIV

transmission means promoting actions or

practices that minimise a person’s risk

of exposure to HIV or mitigate the

adverse impacts related to HIV or AIDS

including—

(i) the provisions of information,

education and counseling services relating

to prevention of HIV and safe practices;

(ii) the provisions and use of safer sex

tools, including condoms;

(iii) drug substitution and drug

maintenance; and

(iv) provision of comprehensive injection

safety requirements.

Illustrations

(a) A supplies condoms to B who is a sex

worker or to C, who is a client of B. Neither

A nor B nor C can be held criminally or civilly

liable for such actions or be prohibited,

impeded, restricted or prevented from

implementing or using the strategy.

(b) M carries on an intervention project on

HIV or AIDS and sexual health information,

education and counselling for men, who have

sex with men, provides safer sex information,

material and condoms to N, who has sex with

other men. Neither M nor N can be held

criminally or civilly liable for such actions

or be prohibited, impeded, restricted or

prevented from implementing or using the

intervention.

(e) X, who undertakes an intervention

providing registered needle exchange

programme services to injecting drug users,

supplies a clean needle to Y, an injecting drug

user who exchanges the same for a used

needle. Neither X nor Y can be held

criminally or civilly liable for such actions or

be prohibited, impeded, restricted or

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prevented from implementing or using the

intervention.

(d) D, who carries on an intervention

programme providing Opioid Substitution

Treatment (OST), administers OST to E, an

injecting drug user. Neither D nor E can

beheld criminally or civilly liable for such

actions or be prohibited, impeded, restricted

or prevented from implementing or using the

intervention.

CHAPTER X

Appointment of Ombudsman

23. Appointment of Ombudsman.— (1)

Every State Government shall appoint one or

more Ombudsman,—

(a) possessing such qualification and

experience as may be prescribed, or

(b) designate any of its officers not below

such rank, as may be prescribed, by that

Government,

to exercise such powers and discharge such

functions, as may be conferred on Ombudsman

under this Act.

(2) The terms and condition of the service

of an Ombudsman appointed under clause (a)

of sub-section (1) shall be such as may be

prescribed by the State Government.

(3) The Ombudsman appointed under

sub-section (1) shall have such jurisdiction

in respect of such area or areas as the State

Government may, by notification, specify.

24. Powers of Ombudsman.— (1) The

Ombudsman shall, upon a complaint made by

any person, inquire into the violations of the

provisions of this Act, in relation to acts of

discrimination mentioned in section 3 and

providing of healthcare services by any

person, in such manner as may be prescribed

by the State Government.

(2) The Ombudsman may

require any person to furnish

information on such points or

matters, as he considers necessary,

for inquiring into the matter and

any person so required shall be

deemed to be legally bound to

furnish such information and

failure to do so shall be punishable

under sections 176 and 177 of the

Indian Penal Code.

(3) The Ombudsman shall maintain records

in such manner as may be prescribed by the

State Government.

25. Procedure of complaint.— The

complaints may the made to the Ombudsman

under sub-section (1) of section 24 in such

manner, as may be prescribed, by the State

Government.

26.

Orders

Ombudsman.—

The

Ombudsman shall, within a period of thirty

days of the receipt of the complaint under

sub-section (1) of section 24, and after giving

an opportunity of being heard to the parties,

pass such order, as he deems fit, giving

reasons therefor:

Provided that in cases of medical

emergency of HIV positive persons, the

Ombudsman shall pass such order as

soon as possible, preferably within

twenty-four hours of the receipt of the

complaint.

27. Authorities to assist Ombudsman.— All

authorities including the civil authorities

functioning in the area for which the

Ombudsman has been appointed under

section 23 shall assist in execution of orders

passed by the Ombudsman.

28. Report to State Government.— The

Ombudsman shall, after every six months,

report to the State Government, the number

and nature of complaints received, the action

taken and orders passed in relation to such

complaints and such report shall be

published on the web site of the Ombudsman

and a copy thereof be forwarded to the

Central Government.

CHAPTER XI

Special Provisions

29. Right of residence.— Every protected

person shall have the right to reside in the

45 of 1860.

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shared household, the right not to be

excluded from the shared household or any

part of it and the right to enjoy and use

the facilities of such shared household in a

non-discriminatory manner.

Explanation.— For the purposes of this

section, the expression “shared household”,

means a household where a person lives or

at any stage has lived in a domestic

relationship either singly or along with

another person and includes such a

household, whether owned or tenanted,

either jointly or singly, any such household

in respect of which either person or both,

jointly or singly, have any right, title, interest

or equity or a household which may belong

to a joint family of which either person is a

member, irrespective of whether either person

has any right, title or interest in the shared

household.

30. HIV-related information, education and

communication before marriage.— The

Central Government shall specify guidelines

for the provision of HIV-related information,

education and communication before

marriage

and

ensure

their

wide

dissemination.

31. Persons in care or custody of State.—

(1) Every person who is in the care or custody

of the State shall have the right to HIV

prevention,

counselling,

testing

and

treatment services in accordance with the

guidelines issued in this regard.

(2) For the purposes of this

section, persons in the care or

custody of the State include persons

convicted of a crime and serving a

sentence, persons awaiting trial,

person detained under preventive

detention laws, persons under the

care or custody of the State under

the Juvenile Justice (Care and

Protection of Children) Act, 2000,

the Immoral Traffic (Prevention)

Act, 1956 or any other law and

persons in the care or custody of

State run homes and shelters.

32. Recognition of guardianship of older

sibling.—

Notwithstanding

anything

contained in any law for the time being in

force, a person below the age of eighteen

but not below twelve years, who has

sufficient maturity of understanding and who

is managing the affairs of his family affected

by HIV and AIDS, shall be competent to act

as guardian of other sibling below the age of

eighteen years for the following purposes,

namely:–

(a) admission to educational establish-

ments;

(b) care and protection;

(d) operating bank accounts;

(e) managing property; and

(f) any other purpose that may be required

to discharge his duties as a guardian.

Explanation.— For the purposes of this

section, a family affected by HIV or AIDS

means where both parents and the legal

guardian is incapacitated due to HIV-related

illness or AIDS or the legal guardian and

parents are unable to discharge their duties

in relation to such children.

33. Living wills for guardianship and

testamentary guardianship.— (1) Notwith-

standing anything contained in any law for

the time being in force, a parent or legal

guardian of a child affected by HIV and AIDS

may appoint, by making a will, an adult

person) who is a relative or friend, or a person

below the age of eighteen years who is the

managing member of the family affected by

HIV and AIDS, as referred to in section 33, to

act as legal guardian immediately upon

incapacity or death of such parent or legal

guardian, as thecase may be.

(2) Nothing in this section shall divest a

parent or legal guardian of their rights, and

the guardianship referred to in sub-section

(1) shall cease to operate upon by the

parent or legal guardian regaining their

capacity.

56 of 2000.

104 of 1956.

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(3) Any parent or legal guardian of children

affected by HIV and AIDS may make a will

appointing a guardian for care and protection

of such children and for the property that

such children would inherit or which is

bequeathed through the will made by such

parent or legal guardian.

CHAPTER XII

Special Procedure in Court

34. Suppression of identity.— (1) In any

legal proceeding in which a protected person

is a party or such person is an applicant, the

court, on an application by such person or

any other person on his behalf may pass! In

the interest of justice, any or all of the

followinq orders, namely:—

(a) that the proceeding or any part

thereof be conducted by suppressing the

identity of the applicant by substituting the

name of such person with a pseudonym in

the records of the proceedings in such

manner as may be prescribed;

(b) that the proceeding or any part

thereof may be conducted in camera;

publishing in any manner any matter

leading to the disclosure of the name or

status or identity of the applicant.

(2) In any legal proceeding concerning or

relating to an HIV-positive person, the court

shall take up and dispose of the proceeding

on priority basis.

35. Maintenance applications.— In any

maintenance application filed by or on behalf

of a protected person under any law for the

time being in force, the court shall consider

the application for interim maintenance and,

in passing any order of maintenance, shall

take into account the medical expenses and

other HIV-related costs that may be incurred

by the applicant.

36. Sentencing.— In passing any order

relating to sentencing, the HIV-positive status

of the persons in respect of whom such an

order is passed shall be a relevant factor to

be considered by the court to determine the

custodial place where such person shall be

transferred to, based on the availability of

proper healthcare services at such place.

CHAPTER XIII

Penalties

37. Penalty for contravention.— Notwith-

standing any action that may be taken under

any other law for the time being in force,

whoever contravenes the provisions of

section

shall

punished

with

imprisonment for a term which shall not be

less than three months but which may extend

to two years and with fine which may extend

to one lakh rupees, or with both.

38. Penalty for failure to comply with orders

of Ombudsman.— Whoever fails to comply

with any order given by an Ombudsman within

such time as may be specified in such order,

under section 26, shall be liable to pay a fine

which may extend to ten thousand rupees and

in case the failure continues, with an additional

fine which may extend to five thousand rupees

for every day during which such failure

continues.

39. Penalty for breach of confidentiality in

legal proceedings.— Notwithstanding any

action that may be taken under any law for

the time being in force, whoever discloses

information regarding the HIV status of

aprotected person which is obtained by him

in the course of, or in relation to, any

proceedings before any Court, shall be

punishable with fine which may extend to one

lakh rupees unless such disclosure is pursuant

to any order or direction of a court.

40. Prohibition of victimisation.— No person

shall subject any other person or persons to

any detriment on the ground that such person

or persons have taken any of the following

actions, namely:—

(a) made complaint under this Act;

(b) brought proceedings under this Act

agamst any person;

produced any document to a person

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exercising or performing any power or

function under this Act; or

(d) appeared as a witness in a proceeding

under this Act.

41. Court to try offences.— No court other

than the court of a Judicial Magistrate First

Class shall take cognizance of an offence under

this Act.

42. Offences to be cognizable

and bailable.— Notwithstanding

anything contained in the Code of

Criminal Procedure, 1973, offences

under this Act shall be conizable

and bailable.

CHAPTER XIV

Miscellaneous

43. Act to have overriding effect.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other law for the

time in force or in any instrument having

effect by virtue of any law other than this

Act.

44. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceeding shall lie against the Central

Government, the State Government, the

Central Government or AIDS Control Society

of the State Government Ombudsman or any

member thereof or any officer or other

employee or person acting under the direction

either of the Central Government, the State

Government, the Central Government, or

Ombudsman in respect of anything which is

in good faith done or intended to be done in

pursuance of this Act or any rules or

guidelines made therei under or in respect of

the publication by or under the authority

of the Central Government, the State

Government the Central Government or AIDS

Control Society of the State Government

Ombudsman.

45. Delegation of powers.— The Central

Government and State Government, as the

case may be, may, by general or special order,

direct that any power exercisable by it under

this Act shall, in such circumstances and

under such conditions, if any, as may be

mentioned in the order, be exercisable also

by an officer subordinate to that Government

or the local authority.

46.

Guidelines.—

(1)

The

Central

Government may, by notification, make

guidelines consistent with this Act and any

rules thereunder, generally to carry out the

provisions of this Act.

(2) In particular and without prejudice to

the generality of the foregoing power, such

guidelines may provide for all or any of the

following matters, namely:—

(a) information relating to risk and

benefits or alternatives to the proposed

intervention under clause (n) of section 2;

(b) the manner of obtaining the informed

consent under sub-section (1) and the

manner of pre test and post test counselling

under sub-section (2) of section 5;

testing or diagnostic centre or pathology

laboratory or blood bank for HIV test under

section 7;

(d) the manner of taking data protection

measures under section 11;

(e) guidelines in respect of protocols for

HIV/AIDS relating to Anti-retroviral

Therapy and Opportunistic Infections

Management under sub-section (2) of

section 14;

(f) care, support and treatment of

children infected with HIV or AIDS under

sub-section (1) of section 18;

(g) guidelines for Universal Precautions

and post exposure prophylaxis under

section 19;

(h) manner of carrying out the strategy

or mechanism or technique for reduction

or risk of HIV transmission under section 22;

(i) manner of implementation of a drugs

substitution, drug maintenance and needle

and syringe exchange programme under

section 22;

2 of 1974.

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(j) provision of HIV-related information,

education and communication before

marriage under section 30;

(k) manner of HIV or AIDS prevention,

counseling, testing and treatment of

persons in custody under section 31;

(l) any other matter which ought to be

specified in guidelines for the purposes of

this Act.

47. Power of Central Government to make

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

notification, make rules to carry out the

provisions of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing provision, such

rules may provide for all or any of the

following matters, namely:—

(a) Manner of notifying model HIV or

AIDS policy for the establishments under

section 12;

(b) Any other matter which may be or

ought to be prescribed by the Central

Government.

48. Laying of rules before both Houses of

Parliament.— Every rule made under this Act

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

made, before each House of Parliament, while

it is in session, for a total period of thirty

days which may be comprised in one session

or in two or more successive sessions, and if,

before the expiry of the session immediately

following the session or the successive session

aforesaid, both Houses agrees in making any

modification in the rule or both Houses agree

that the rule should not be made, the rule

shall thereafter have effect only in such

modified form or be of no effect, as the case

may be; so, however, that any such

modification or annulment shall be without

prejudice to the validity of anything

previously done under that rule.

49. Power of State Government to make

rules and laying thereof.— (1) The State

Government may, by notification, make

rules for carrying out the provisions of this

Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the

following matters, namely:–

(a) measures to provide diagnostic

facilities relating to HIV or AIDS, Anti-

retroviral Therapy and Opportunistic

Infection Management to people living with

HIV or AIDS and for the prevention of

spread of HIV or AIDS in accordance with

the guidelines under section 14;

(b) qualification and experience for the

appointment of a person as an Ombudsman

under clause (a) or rank of officer of the

State Government to be designated as

Ombudsman under clause (b) of sub-

-section (1) section 23;

Ombudsman under sub-section (2) of

section 23;

(d) manner of inquiring into complaints

by the Ombudsman under sub-section (1)

and maintaining of records by him under

sub-section (3) of section 24;

(e) manner of making the complaints to

the Ombudsman under section 25; and

(f) manner of recording pseudonym in

legal proceedings under clause (a) of

sub-section (1) of section 34.

(3) Every rule made by the State

Government under this Act shall be laid, as

soon as may be, after it is made before the

Legislature of that State.

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

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order published in the Official

Gazette,

make

such

provisions,

not

inconsistent with the provisions of this Act,

as may appear to be necessary for removing

the difficulty:

Provided that no order shall be made under

this section after the expiry of the period of

two years from the date of commencement of

this Act.

(2) Every order made under this section

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

made, before each House of Parliament.

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Department of Personnel

——

Notification

1/6/83-PER(Vol.II)(Pt. III)

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the existing

recruitment rules for the post of Head Clerks/

/Tax Inspectors notified vide Government

Notification No. 1/6/83-PER dated 20-5-1986,

in the Official Gazette, Series I No. 12 dated

19-6-1986, the Governor of Goa hereby makes

the following rules to regulate the recruitment

to the Group ‘C’, Non-Gazetted, Ministerial,

Common post (outside the Secretariat) under

the Government of Goa, namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the

Government of Goa, Group ‘C’, Non-Gazetted,

Ministerial, Common post (outside the

Secretariat), Recruitment Rules, 2018.

(2) They shall apply to the post specified

in column (1) of the Schedule to these

rules (hereinafter called as the “said

Schedule”).

(3) They shall come into force from the

date of their publication in the Official

Gazette.

2. Number, classification and level in the pay

matrix.— The number of posts, classification

of the said post and level in the pay matrix

attached thereto shall be as specified in

columns (2) to (4) of the said Schedule:

Provided that the Government may vary the

number of posts as specified in column (2) of

the said Schedule from time to time subject to

exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said post, age limit,

qualifications and other matters connected

therewith shall be as specified in columns (5)

to (13) of the said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage

and that there are other grounds for so doing,

exempt any person from the operation of this

rule.

5. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing, relax any

of the provisions of these rules with respect to

any class or category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided for

Scheduled Castes and other special categories

of persons in accordance with the orders

issued by the Government from time to time

in that regard.

By order and in the name of the Governor

of Goa.

Yetindra M. Maralkar, Additional Secretary

(Personnel).

Porvorim, 17th May, 2018.

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SCHEDULE

1 2 3 4 5 6 6(a) 7 8 9 10 11 12 13

Name/

/desig-

nation of

the post

Age limit

for direct

recruits

Period

proba-

tion, if

any

Method of

recruitment,

whether by direct

recruitment or

by promotion

or by deputation/

/transfer/contract

and percentage

of the vacancies

to be filled by

various methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Educational

and other

qualifications

required for

direct recruits

Classifi-

cation

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Number

posts

Level in

the Pay

Matrix

If a

D.P.C./

/D.S.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

(2018)

sanc-

tioned in

each

Depart-

ment

from time

to time

depen-

dent on

workload.

Selec-

tion.

Group

‘C’,

Non-

-Gazetted,

Ministe-

rial.

L-6.

N. A.

Two

years.

By promotion.

Head

Clerk/Tax

Inspector.

Promotion:

(i) 75% from the

Upper Division

Clerks with three

years

regular

service in the

grade.

(ii) 25% from the

Junior Stenogra-

phers, Store or

Godown Keepers

with three years

regular service in

the

respective

grade.

Group

‘C’,

D.P.C.

N. A.

Whether

selection

post or

non-

-selection

post

Whether the

benefit of added

years of service is

admissible under

rule 30 of CCS

(Pension) Rules,

1972.

N. A.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

31ST MAY, 2018

680

Department of Revenue

——

Order

35/2/2013-RD/964

In exercise of the powers conferred by

clause (b) of sub-section (1) of section 9 of the

Indian Stamp Act, 1899 (Act No. 2 of 1899), as

in force in the State of Goa, the Government of

Goa hereby permits the Life Insurance

Corporation of India, Goa Divisional Office,

Panaji (hereinafter referred to as the “LIC Goa”)

to pay a consolidated stamp duty of

Rs. 40.00 Lakhs (Rupees Forty Lakhs only)

chargeable on sums to be insured in the

insurance policies issued by its offices in

the State of Goa, with effect from 1st January,

2018 to 31st December, 2018 in lieu of

affixing stamps upon individual insurance

policies, subject to the following conditions,

namely:—

(a) In case the stamp duty chargeable on

the insurance policies issued during the above

mentioned period falls short of the stamp

duty consolidated herein and paid to the

Government, the excess consolidated stamp

duty shall be adjusted for the next calendar

year of 2019.

(b) In case the stamp duty chargeable on

the insurance policies issued during the above

period exceeds the stamp duty consolidated

herein and paid to the Government, the

balance amount due towards the stamp duty

shall be paid to the Government Treasury by

LIC Goa latest by the first week of January,

2019.

charged on the sums insured in the insurance

policies issued by the offices of the LIC Goa, in

the State of Goa, during the above period shall

be submitted to the Secretary (Revenue),

Revenue Department, Government of Goa on

or before 30-06-2018.

This issues with the concurrence of the

Finance (Revenue & Control) Department

vide their U. O. No. 1474404 dated 4-5-2018.

By order and in the name of the Governor

of Goa.

Sagun R. Velip, Under Secretary (Revenue-I).

Porvorim, 22nd May, 2018.

———ttt———

Department of Tribal Welfare

——

Notification

1-200/2018-19/ADMN/DTW/SD/939

Read: “Celebration of Prerana Din”.

Whereas the Government has notified a

scheme “Celebration of Prerana Din” vide

Notification No. 1-200/2014-15/ADMN/DTW/

/SD/17 published in the Official Gazette

Series I No. 2 dated 9-4-2015 and Amendment

to Notification No. 1-200/2014-15/ADMN/

/DTW/SD/772 published in the Official Gazette

Series I No. 4 dated 27-4-2017.

And whereas Government desires to add

the Clause 12 in the scheme “Celebration of

Prerana Din”.

Now therefore, the Clause 12 of the scheme

“Celebration of Prerana Din” is added to read

as under:

Clause No. 12

“Prerana Din shall be observed in

association with organisations of Scheduled

Tribes Communities working for the upliftment

and all round development of the Scheduled

Tribe Citizens of Goa State like United Tribal

Association Alliance (UTTA), etc.”

All other clauses in the above mentioned

scheme remain unchanged.

This addendum shall come into force with

immediate effect.

By order and in the name of the Governor

of Goa.

Venancio Furtado, Director & ex officio Joint

Secretary (Tribal Welfare).

Panaji, 23rd May, 2018.

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