RNI No. GOAENG/2002/6410 Reg. No. G-2/RNP/GOA/32/2018-20
Panaji, 8th August, 2019 (Sravana 17, 1941) SERIES I No. 19 PUBLISHED BY AUTHORITY
INDEX
Department Not./Order/Addem./Corri. Subject Pages
1.a. Civil Supplies and Consumer Not.- DCS/ENF/NFSA Draft Rules— The Goa Food Security (Grievance 491 Affairs Rules/19-20 Redressal Mechanism, Transparency and Dir. & ex officio Jt. Secy. Accountability) (Second Amendment) Rules, 2019.
b. —do— Not. DCS/S/Ker/PF/2019-20/ Revised fixation of wholesale and retail price 492 /129 of superior kerosene oil.
2. Finance Not.- 38/1/2017-Fin(R&C) Amendment of Government Notification 493 Under Secretary (108) dated 8-5-2019.
3.a. Goa Legislature Secretariat Bill.- LA/LEGN/2019/1045 The Goa State Higher Education Council 493
(Amendment) Bill, 2019.
b. —do— Bill.- LA/LEGN/2019/1046 The Goa Marine Fishing Regulation (Amendment) 495
Bill, 2019.
c. —do— Bill.- LA/LEGN/2019/1047 The Goa Non-Biodegradable Garbage (Control) 499
(Amendment) Bill, 2019.
d. —do— Bill.- LA/LEGN/2019/1048 The Goa Land Revenue Code (Amendment) 503
Bill, 2019.
e. —do— Bill.- LA/LEGN/2019/1049 The Goa Staff Selection Commission Bill, 2019. 504
4. Personnel Not.- 5/14/2018-PER/2124 Departmental Examination of Junior Scale 510 Under Secretary
Officers of Goa Civil Service.
5. Public Health Corri.- 4/1/2018-IV/PHD/1130 — 512 Under Secretary
6. Sports and Youth Affairs Addem.- DSYA/SW/BBJKA/ Scheme for presentation of "Bakshi Bahaddar 512 Dir. & ex officio Jt. Secy. /2019-20 Jivabadada Kerkar Award".
7. Tourism Ord.- 7/2(700)/2019-DT Authorization for officers to levy & collect fine. 513 Competent Authority
GOVERNMENT OF GOA
Department of Civil Supplies and Consumer Affairs ——
Notification
DCS/ENF/NFSA-Rules/19-20
parency and Accountability) Rules, 2017, are hereby pre-published as required by sub- section (1) of section 40 of the said Act, for information of all the persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken into consideration by the Government after expiry of a period of 30 days from the date of publication of this Notification in the Official Gazette.
The following draf t rules which the Government of Goa proposes to make in exercise of the powers conferred by sub- sections (1) and (2) of section 40 of the National Food Security Act, 2013 (Central Act 20 of 2013) so as to amend the Goa Food Security (Grievance Redressal Mechanism, Trans-
All objections and/or suggestions to the said draft Rules may be forwarded to the Director, Department of Civil Supplies and Consumer Affairs, 1st Lift, 2nd Floor, Junta House, Panaji, Goa, before the expiry of the said period of 30 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 days so that they may be taken into consideration at the time of finalization of the said draft rules.
DRAFT RULES
In exercise of the powers conferred by sub- sections (1) and (2) of section 40 of the National Food Security Act, 2013 (Central Act 20 of 2013), and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to amend the Goa Food Security (Grievance Redressal Mechanism, Transparency and Accountability) Rules, 2017, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa Food Security (Grievance Redressal Mechanism, Transparency and Accountability) (Second Amendment) Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Insertion of new rule 19.— After rule 18 of the Goa Food Security (Grievance Redressal Mechanism, Transparency and Accounta- bility) Rules, 2017, the following rule shall be inserted, namely:—
"19. Realisation of Penalty.— The penalty imposed under section 33 of the Act shall be deposited by the public ser vant or authority concerned by Treasury Challan in Form I hereto under such budget head as may be decided by the Civil Supplies Department, within the period of thirty days of the order of the State Commission, failing which, the amount of such penalty shall be recovered from the salary of such public servant or authority concerned".
By order and in the name of the Governor of Goa.
Sandhya Kamat, Director & ex officio Joint Secretary (Civil Supplies & Consumer Affairs).
Panaji, 31st July, 2019.
————
Notification
DCS/S/Ker/PF/2019-20/129
In pursuance of clause 3 read with sub-clause (d)(i) of clause 2 of Kerosene Fixation of Ceiling Price Order (1993), the Government of Goa hereby directs that maximum wholesale & retail price for domestic purpose of Superior Kerosene Oil stands revised as under with effect from 01-08-2019. This Notification supersedes earlier Notification No. DCS/S/KER/PF/2019-20/124 dated 30-07-2019.
Sr. Taluka Wholesale Price Wholesale Price Retail Price Retail Price
No. per kilo litre per kilo litre per litre per litre
including GST including GST including GST including GST
& Green Cess & Green Cess & Green Cess & Green Cess
Existing Revised Existing Revised
1 2 3 4 5 6
1. Tiswadi Rs. 33216.97 Rs. 33482.10 Rs. 35.00 Rs. 35.25
Chorao Rs. 33248.47 Rs. 33513.60 Rs. 35.00 Rs. 35.25
Diwar Rs. 33248.47 Rs. 33513.60 Rs. 35.00 Rs. 35.25
2. Salcete Rs. 32643.25 Rs. 32908.38 Rs. 34.50 Rs. 34.75
3. Bardez Rs. 33425.12 Rs. 33690.25 Rs. 35.25 Rs. 35.50
Corjuvem Rs. 33425.12 Rs. 33690.25 Rs. 35.25 Rs. 35.50
4. Mormugao Rs. 32455.37 Rs. 32720.50 Rs. 34.25 Rs. 34.50
5. Ponda Rs. 32746.90 Rs. 33012.03 Rs. 34.50 Rs. 34.75
6. Quepem Rs. 32896.07 Rs. 33161.20 Rs. 34.75 Rs. 35.00
7. Bicholim Rs. 33442.47 Rs. 33707.60 Rs. 35.25 Rs. 35.50
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 19
8TH AUGUST, 2019
1 2 3 4 5 6 8. Pernem Rs. 33832.75 Rs. 34097.88 Rs. 35.50 Rs. 35.75 9. Canacona Rs. 33295.02 Rs. 33560.16 Rs. 35.00 Rs. 35.25 10. Sanguem Rs. 33086.87 Rs. 33352.00 Rs. 35.00 Rs. 35.25 11. Satari Rs. 33295.02 Rs. 33560.16 Rs. 35.00 Rs. 35.25 12. Dharbandora Rs. 33086.87 Rs. 33352.00 Rs. 35.00 Rs. 35.25
By order and in the name of the Governor of Goa.
Sandhya Kamat, Director & ex officio Jt. Secretary (Civil Supplies & Consumer Affairs).
Panaji, 6th August, 2019.
———ttt———
Department of Finance
Revenue & Control Division
——
Notification
38/1/2017-Fin(R&C)(108)
In exercise of the powers conferred by section 148 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa, on the recommendations of the Council, hereby makes the following further amendments in the Government Notification, No. 38/1/2017-Fin(R&C)(100)/2805, dated the 8th May, 2019, published in the Extraordinary Official Gazette, Series I No. 6, dated 9th May, 2019.
In the said notification, in paragraph 2, in the provisions, for the figures, letters and word, "31st day of July, 2019", the figures, letters and word, "31st day of August, 2019" shall be substituted.
This notification shall be deemed to have come into force with effect from 29-7-2019.
By order and in the name of the Governor
of Goa.
Pranab G. Bhat, Under Secretary (R&C).
Porvorim, 5th August, 2019.
Goa Legislature Secretariat
LA/LEGN/2019/1045
The following bill which was introduced in the Legislative Assembly of the State of Goa on 6th August, 2019 is hereby published for general information in pursuance of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.
————
The Goa State Higher Education Council (Amendment) Bill, 2019
(Bill No. 14 of 2019)
A
BILL
to amend the Goa State Higher Education
Council Act, 2018 (Goa Act 14 of 2018).
Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India, as follows:—
1. Short title and commencement.— (1) This Act may be called the Goa State Higher Education Council (Amendment) Act, 2019.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 3.— In section 3, of the Goa State Higher Education Council Act, OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 2018 (Goa Act 14 of 2018), in sub-section (2), for clause (g), the following clause shall be substituted, namely:—
"(g) fifteen members co-opted by the Council who are persons of scholarly pursuit, out of which minimum five should be from outside the State;"
STATEMENT OF OBJECTS AND REASONS
The Bill seeks to substitute clause (g) of sub-section (2) of Section 3 of the Goa State Higher Education Council Act, 2018 (Goa Act 14 of 2018) so as to allow the Goa State Higher Education Council to co-opt members on the said Council having expertise across the field, including from outside the State of Goa.
This Bill seeks to achieve the above object.
FINANCIAL MEMORANDUM
The expenditure involved is minimal and cannot be quantified at this stage. However, at an initial stage an amount of Rs. 25.00 Lakhs (approximately) per annum would be required.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 1(2) of the Bill empowers the Government to issue notification for
appointing a date to bring into force the Act.
This delegation is of normal character.
Porvorim – Goa. DR. PRAMOD SAWANT 2nd August, 2019. Education Minister/Chief Minister
Assembly Hall. NAMRATA A. ULMAN Porvorim–Goa. Secretary to the
Legislative Assembly of Goa
Governor's Recommendation under Article 207 of the Constitution of India
In pursuance of Ar ticle 207 of the Constitution of India, I, Mridula Sinha, the Governor of Goa, hereby recommend the introduction and consideration of the Goa State Higher Education Council (Amendment) Bill, 2019, by the Legislative Assembly of Goa.
RAJ-BHAVAN. MRIDULA SINHA Date: 2nd August, 2019. Governor of Goa
————
ANNEXURE
.................................................................................................... Extract of the Section 3 of the Goa State Higher Education Council Act, 2018 (Goa Act 14 of 2018)
....................................................................................................
3. Constitution of the Council.— (1) The Government may, by notification in the Official Gazette constitute a Council to be called the Goa State Higher Education Council.
(2) The Council shall consist of the following
members, namely:—
(a) The Chief Minister of Goa, who shall be the
ex-officio Chairperson thereof;
(b) An eminent academic administrator with proven record or a professional from industry or Administration with sufficient experience in the academic sector, who shall be the Vice- Chairperson thereof;
(c) the Minister for Education, Government of Goa; Finance Secretary, Government of Goa; Secretary, Department of Education, Government of Goa; Director of Higher Education, Government of Goa; and Director of Technical Education, Government of Goa shall be ex-officio members;
(d) five members to be nominated by the Government who are persons of scholarly pursuit, one each belonging from the field of art and culture, science and technology, civil society, industry and vocational field;
(e) Vice-Chancellor of the Goa University,
ex-officio member;
(f) two Principals of the Colleges to be nominated by the Government in rotation of two years;
(g) five members co-opted by the Council who
are persons of scholarly pursuit;
(h) one nominee of the Government of India to be nominated by the Ministry of Human Resource Development;
(i) Executive Director, who shall be the
ex-officio member Secretary thereof.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019(3) The Council shall by the name of the Goa State Higher Education Council be a body corporate, and have perpetual succession and a common seal, and shall by that name sue and be sued.
(4) The Council shall have the power to acquire and hold property, both movable and immovable. Subject to the provisions of this Act and the rules made thereunder, to transfer any property held by itself and to enter into contracts and to do all other things necessary for the purpose of this Act.
(5) The headquarter of the Council shall be located at the place decided by the Government from time to time.
————
LA/LEGN/2019/1046
The following bill which was introduced in the Legislative Assembly of the State of Goa on 6th August, 2019 is hereby published for general information in pursuance of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.
———— The Goa Marine Fishing Regulation (Amendment) Bill, 2019
(Bill No. 16 of 2019)
A
BILL
further to amend the Goa, Daman and Diu Marine Fishing Regulation Act, 1980 (Act No. 3 of 1981).
Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Goa Marine Fishing Regulation (Amendment) Act, 2019.
(2) It shall come into force on such date as the Government may by notification in the Official Gazette, appoint.
2. Amendment of section 2.— In section 2 of the Goa, Daman and Diu Marine Fishing Regulation Act, 1980 (Act No. 3 of 1981) (hereinafter referred to as the "principal Act"),—
(i) after clause (c), the following clauses
shall be inserted, namely:—
"(ca) "Directorate of Fisheries" means the Directorate of Fisheries of the Government of Goa;
(cb) "fish" includes shell fish and
crustaceans;
(cc) "fish landing centre" means the landing place where landing or berthing facilities have been provided for fishing vessels and their adjoining areas set apart for repair yards, fuel and ice supply installation, auction hall and such limits as may be specified by the Government from time to time;
(cd) "fishing" means any act or activity connected with the catching of fish from any water by using fishing vessel, fixed machine, free net or otherwise and includes stocking of shell fish, conchs and any type of filtration and culturing of them;
(ce) "fishing stake" or "stake" or "fishing net" or "fishing gear" or "fixed engine" means any trap or such other contrivance for catching fish either fixed in the soil or river bed or made stationary in any other way in a creek, canal, river, stream, water course or sea;'';
(ii) after clause (f), the following clause shall
be inserted namely:—
(fa) "prescribed" means prescribed by
rules made under this Act;";
(iii) in clause (g), after item (ii), the following
item shall be inserted, namely:—
"(iii) a fishing vessel registered under section 435 G of the Merchant Shipping Act, 1958 (Central Act 44 of 1958);".—
3. Amendment of section 3.— In section 3 of the principal Act, for clause (a), the following clause shall be substituted, namely:—
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019"(a) Any Officer of the Directorate of Fisheries not below the rank of Fisheries Officer or any Police Officer not below the rank of Police Sub-Inspector; or"
4. Insertion of new section 8A.— Af ter section 8 of the principal Act, the following section shall be inserted, namely:—
"8A. Erection of fishing stakes and registration of net.— (1) No person shall erect a fishing stake without obtaining permission from the authorized officer.
(2) The application for permission under sub-section (1) shall be made in such form and with such fees as prescribed.
every person in possession of a fishing net shall register his net with the Directorate of Fisheries and shall apply in such form alongwith such fee as prescribed to obtain a licence for operating the same. The fishing nets operated by the Central or State Government are exempted from this provision.
(3) The authorized officer shall after making inquiry as deem fit in the matter grant licence in such form as prescribed.
No person shall use net the mesh size whereof is less than 24 mm for catching fish and 20 mm for catching prawns.
5. Amendment of section 11.— In section 11 of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely:—
"(1A) where a licence granted under section 6 is suspended or cancelled by the Authorised officer, the holder of such license shall within a period of fifteen days from the date of such suspension or cancellation surrender such licence to the Authorised officer and berth his fishing vessel near the jetty or port or near his residence and under his control and whenever Authorised Officer demands, he shall bring such fishing vessel before such officer for the purpose of inspection.
(1B) where the licence granted under section 6 is suspended, once the suspension period expires the holder of such licence shall collect such licence from the Authorised Officer."
6. Insertion of new section 17 A.— After section 17 of the principal Act, the following section shall be inserted, namely:—
"17A. Notifying the fish landing centre for landing and berthing of the fishing vessel.— The Government may, by notification in the Official Gazette, notify the fish landing centre".
7. Substitution of section 18.— For section 18 of the principal Act, the following section shall be substituted, namely:—
"18. Power to enter, search fishing vessels
and carry out inquiry.—
(1) The Authorised officer may, if he has reason to believe that any fishing vessel is being or has been used in contravention of any provisions of this Act, or any rule or order or Notification made thereunder or any of the conditions of the licence granted under this Act, he, shall, enter and search such fishing vessel and demand from the tandel or owner or any crew or master of such fishing vessel to produce all the documents related to the registration of fishing vessel, licence of fishing vessel and licence of fishing net or any other documents which is required on vessel under the law in force and may make such inquiry as deemed fit by him and in case he finds violation of the provisions of the Act, or any rule, order or notifications made thereunder or may condition of the licence, he may impound the fishing vessel and seize any fish found in it. The fishing vessel and its accessories shall be released by the Authorised Officer after making necessary enquir y as he deems fit and taking necessary undertaking from the owner of the fishing vessel in such form as prescribed.
(2) Every owner/tandel/master of fishing vessel shall allow the Authorised Officer to OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 inspect and search the fishing vessel in order to ascertain the contravention of any of the provisions of the Act or any rule or order or notification made thereunder or any of the conditions of the licence.
The Authorised Officer shall be not liable for the loss or damage if any caused to the fishing vessel, accessories or fishing gear while impounding the fishing vessel".
8. Insertion of new section 18A.— After section 18 of the principal Act, the following new section shall be inserted, namely:—
"18A. Prohibition on destruction of fish by explosives in inland waters and on coast.—
(1) No person shall use any dynamite or other explosive substance, with intent to catch or destroy fish in any waters.
(2) No person shall put any poison, lime or noxious material in any waters, with intent thereby to catch or destroy any fish therein.
Explanation:— The word water shall include the sea within the distance of 12 Nautical Mile of the sea coast".
9. Amendment of section 21.— In section 21 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) The adjudicating officer shall, after the enquiry under section 20, decide whether any person has used or caused or allowed to be used any fishing vessel in contravention of any of the provisions of this Act or any rule or order or notification made thereunder or any condition of licence and any such person on being found guilty by the adjudicating officer, shall be liable to such penalty as may be prescribed".
Statement of Objects and Reasons
The fishing in inland waters of the State of Goa was governed by the Indian Fisheries Act, 1897 (Central Act 4 of 1897) and the Goa, Daman and Diu Fisheries Rules, 1981 framed thereunder by the Government of Goa. The Repealing and Amending Act, 2015 (Central Act 17 of 2015) as enacted by Parliament repealed the said Indian Fisheries Act, 1897. As such, with the repeal of the said Act, 1897, there is a need to make certain provision for regulating fishing in inland waters.
The Bill, therefore, seeks to amend the Goa, Daman and Diu Marine Fishing Regulation Act, 1980 (Act No. 3 of 1981) so as to make certain provisions for the purpose of regulating fishing in inland waters.
The Bill seeks to achieve the above objects.
FINANCIAL MEMORANDUM
The Bill would generate additional revenue on account of fees payable, which cannot be quantified at this stage.
MEMORANDUM REGARDING DELEGATED
LEGISLATION
Clause 1 (2) of the Bill empowers the Government to issue notification for appointing a date for bringing the Act into force.
Clause 3 of the Bill empowers the Government to issue notification for authorising the officers of the Directorate of Fisheries or police officers under section 3 of the Act.
Clause 4 of the Bill empowers the Government to frame rules to prescribe form and fee for erection of fishing stakes and net license.
Clause 6 of the Bill empowers the Government to issue notification for notifying fish landing centres.
Clause 7 of the Bill empowers the Government to frame rules for prescribing the form of Undertaking to be obtained from the owner of fishing vessel under sub-section (1) of section 18.
Clause 9 of the Bill empowers the Government to frame rules for prescribing penalties.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019These delegations are of normal
character.
Assembly Hall, FILIPE NERY RODRIGUES Porvorim, Goa. Minister for Fisheries. 5th August, 2019.
Assembly Hall, NAMRATA A. ULMAN Porvorim, Goa. Secretary to the Legislative 5th August, 2019. Assembly of Goa.
ANNEXURE --------------------------------------------------------------------------- Extract of section 2 (g), 3, 11, 18 and 21 of Goa, Daman and Diu Marine Fishing Regulation Act, 1980 (Act No. 3 of 1981) --------------------------------------------------------------------------- Section 2 (g)
(g) "registered fishing vessel" means:
(i) a fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972 or;
(ii) a fishing vessel registered under section
12;
Section 3
3. Authorisation of officers for the purpose of any provisions of this Act.— The Government may by notification in the Official Gazette, authorize—
(a) any officer of the Government not being an
officer below the rank of Gazetted Officer; or
(b) any Officer of the Central Government, not being any officer below the rank of a Gazetted Officer or a Commissioned Officer in the armed forces of the Union, with the consent of that
Government, to exercise the powers conferred on and discharge he duties imposed upon any such authorized officer under this Act in such area as may be specified in the notification.
Section 11
11. Cancellation, suspension and amendment of licences.— (1) If the authorized officer is satisfied either on a reference made to him in this behalf or otherwise, that—
(a) a licence granted under section 6 or section 8 has been obtained by misrepresentation as to an essential fact; or
(b) the holder of the licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions
of this Act, or any order or rule made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the authorized officer may, after giving the holder of the licence a reasonable opportunity of showing cause, can cancel or
suspend the licence or forfeit the whole or any part of the security, if any, furnished for the due performance of the conditions subject to which the licence has been granted.
(2) Subject to any rules that may be made in this behalf, the authorized officer may also vary
or amend a licence granted under section 6 or section 8.
Section 18
18. Power to enter and search fishing vessels.— The authorized officer may, if he has reason to believe that any fishing vessel is being or has been used
contravention of any of the provisions of this Act, or of any order or rule made thereunder or any of the conditions of the licence, enter and such vessel and impound the same and seize any fish found in it.
Section 21
21. Penalty.— (1) The adjudicating officer shall, after the enquiry under section 20, decide whether any person has used or caused or allowed to be used any fishing vessel in contravention in any of the provisions of this Act, or of any order or rule made thereunder, or any of the condition of licence and any such person on being found guilty by the adjudicating officer, shall be liable to such penalty not exceeding:—
(a) five thousand rupees, if the value of the fish
involved is one thousand rupees or less; or
(b) five times the value of the fish, if the value of the fish involved is more than one thousand rupees; or
(c) five thousand rupees, in any other case,
being a case not involving in any fish, as may be adjudged by the adjudicating officer.
(2) In addition to any penalty that may be imposed under sub-section (1), the adjudicating officer may direct that—
(a) the registration certificate of the fishing
vessels which has been used or caused or allowed to be used, the manner referred to in sub-section (1) or the licence, any condition of which has been contravened, shall be—
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019(i) cancelled or revoked, as the case may be;
or
(ii) suspend for such period as the
adjudicating officer deems fit; or
(b) the fish that might have been impounded or seized or the proceeds thereof as the case may be, under sections 18 or 19 shall be forfeited to
the Government.
Assembly Hall, FILIPE NERY RODRIGUES Porvorim, Goa. Minister for Fisheries. 5th August, 2019.
Assembly Hall, NAMRATA A. ULMAN Porvorim, Goa. Secretary to the Legislative 5th August, 2019. Assembly of Goa.
————
LA/LEGN/2019/1047
The following bill which was introduced in the Legislative Assembly of the State of Goa on 7th August, 2019 is hereby published for general information in pursuance of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.
————
The Goa Non-Biodegradable Garbage (Control) (Amendment) Bill, 2019
(Bill No. 15 of 2019)
A
BILL
further to amend the Goa Non Biodegradable Garbage (Control) Act, 1996 (Goa Act 5 of 1997).
Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Goa Non-Biodegradable Garbage (Control) (Amendment) Act, 2019.
(2) It shall come into force at once.
2. Amendment of section 2.— In section 2 of the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Goa Act 5 of 1997) (hereinafter referred to as the "principal Act"),
(i) after clause (a), the following clause
shall be inserted, namely:—
"(aa) "commercial establishment" means an establishment used for commercial purposes, such as, bars, shacks, restaurants, private offices, fitness clubs, retail stores, banks, financial institutions, supermarkets, auto and boat dealerships, etc. and other such establishments;"
(ii) after clause (b), the following clause
shall be inserted, namely:—
(ba) "inert waste" means waste which is neither chemically nor biologically reactive and will not decompose;
(iii) after clause (n), the following clauses
shall be inserted, namely:—
(o) "plastic" means material which contains as an essential ingredient a high polymer such as polyethylene (PE), polycarbonates (PC), high density polyethylene, vinyl, low density polyethylene, polypropylene, polystyrene (PS Styrofoam/Thermocol) resins, multi- materials like Acrylonitrile Butadiene Styrene (ABS), Polyphenylene Oxide, Polycarbonate, Polyvinyl Chloride, Acetal, Acrylic, Cellulose Acetate, Cellulose Acetate Butyrate, Nylon, Polybutylene terephthalate and shall also include Non Woven Polypropylene, Multilayered co extruder Polyterephthalate (PT), Polyamindes, Polymethylmethacrylate, Plastic microbeads.
(p) "plastic carry bags" means bags made from plastic material or compostable plastic material, with or without handles used for the purpose of OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 carrying or dispensing commodities but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use;
(q) "Styrofoam" is a type of expanded polystyrene used especially for making food containers and packing materials.
3. Insertion of new section 3A.— After section 3 of the principal Act, the following section shall be inserted, namely:—
3(A). Prohibition on use of plastic carry
bags, etc.—
(1) No person shall manufacture, import, store, transport or sell plastic carry bags or items made up of plastic/ /styrofoam such as, cups, straws, lids, cutlery, cello and poly film, metalised film, plastic cellophane paper and such other items as specified by the Government, by notification in the Official Gazette.
(2) No person including commercial establishment shall use or throw or cause to be thrown plastic carry bags and items specified in sub-section (1), in a public place.
(3) No person shall burn non-
biodegradable garbage in public place.
Provided that provisions of this section shall not apply to export oriented units or units in special economic zones, notified by the Central Government, manufacturing their products against an order for exports. Such export oriented units shall not allow their products for sale and usage within the State of Goa."
4. Insertion of new section 5B.— After section 5A of the principal Act, the following section shall be inserted, namely:—
"5B. Penalty for contravening provisions
of section 3A.—
(1) whoever contravenes provisions of sub-section (1) of section 3A shall be punishable with a fine of Rs. 50,000/- (Rupees fif ty thousand) for the first offence, Rs. 1,00,000/- (Rupees one lakh) for the second offence and Rs. 3,00,000/- (Rupees three lakhs), or with imprisonment which may extend to three months or with both for every subsequent offence.
(2) Whoever contravenes provisions of sub-section (2) of section 3A shall be punishable with,—
(i) a fine of Rs. 2,500/- (Rupees two thousand five hundred) for the first offence, Rs. 3,500 (Rupees three thousand five hundred) for the second offence and Rs. 5,000/- (Rupees five thousand), or with imprisonment which may extend to five days, or with both, for every subsequent offence, when the offence is in relation to an individual;
(ii) a fine of Rs. 10,000/- (Rupees ten thousand) for the first offence, Rs. 20,000/- (Rupees twenty thousand) for the second offence and Rs. 50,000/- (Rupees fif ty thousand), or with imprisonment which may extend to one month or with both, for ever y subsequent offence, when offence is in relation to commercial establishment;
(3) Whoever contravenes provisions of sub-section (3) of section 3A shall be punishable with a fine of Rs. 5,000/- (Rupees five thousand) in case of simple burning, Rs. 25,000 (Rupees twenty five thousand) in case of bulk burning, for the first offence and for subsequent offences Rs. 10,000/- (Rupees ten thousand) for simple burning and Rs. 50,000 (Rupees fif ty thousand) for bulk burning or with imprisonment which may extend upto a period of five days or with both.
(5) Amendment of Schedule.— In the Schedule to the principal Act, after item at serial No. (11), the following items shall be inserted, namely:—
"(12) Styrofoam; (13) Inert Waste;" OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 STATEMENT OF OBJECTS AND REASONS
The bill seeks to insert a new section 3A in the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Act 5 of 1997) so as to prohibit manufacture, sale, etc. of plastic carry bags and items made up of plastic/Styrofoam such as cups, straws, etc.
The Bill further seeks to insert a new section 5B in the same Act, so as to specify penalty for contravening the provisions of the said section 3A.
The Bill also seeks to amend schedule to the said Act, so as to specify styrofoam and inert waste as non-biodegradable Garbage.
This Bill seeks to achieve the above objects.
FINANCIAL MEMORANDUM
No financial implications are involved in this Bill. However, it may generate additional revenue to the Government by way of collection of fine, which cannot be quantified at this stage.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill empowers the Government to issue Notification specifying other items made up of plastic, etc., the use of which may be prohibited.
This delegation is of normal character.
Porvorim, Goa. NILESH CABRAL 6th August, 2019 Minister for Environment
Assembly Hall, NAMRATA ULMAN Porvorim, Goa. Officiating Secretary to the 6th August, 2019. Legislative Assembly of Goa.
ANNEXURE
--------------------------------------------------------------------------- Extract of sections 2, 3, 5 and Schedule annexed to the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Act 5 of 1997)
---------------------------------------------------------------------------
2. Definitions.— In this Act, unless the
context otherwise requires,—
(a) "bio-degradable garbage" means the garbage or waste materials capable of being destroyed by the action of living beings;
(b) "house gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to the latrine, urinals, cesspool or other receptacle for filth or other polluted matter, by persons employed in the clearing thereof in the removal of such matter therefrom;
(c) "local authority" means a Municipal Corporation, a Municipal Council, a Zilla Panchayat or a Panchayat constituted, or continued, under any law for the time being in force;
(d) "market" includes any place where persons assemble for exposing for sale, meat, fish, fruits, vegetables, food or any other articles for human use or consumption with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of the buyers and the sellers and whether or not any control is exercised over the business of or the person frequenting, the market by the Owner of the place or by any other persons;
(e) "non-biodegradable garbage" means the waste garbage or material which is not bio- degradable garbage and includes polyethylene, nylon, and other plastic goods such as P.V.C. polypropylene and polystyrene which are not capable of being destroyed by an action of living beings and are more specifically included in the schedule to this Act;
(f) "occupier" includes:—
(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of or otherwise
using his land or building;
(iii) a rent free tenant of any land or building;
(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building; and OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 (v) any person who is in charge of any place owned by the Central or State Government, Government Company or Corporation, or any place where exhibitions and other events are organised;
(g) "Official Gazette" means the Official
Gazette of the Government;
(h) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building, whether or his own account or on account of himself and others or an agent, trustee, guardian or receiver for any other or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant;
(i) "place" means any land or building or part of a building and includes the garden, ground and outhouses, if any, pertaining to a building or part of a building;
(j) "place open to public view" includes any private place, building, monument, fence or balcony visible to a person being in, or passing along, any public place;
(k) "prescribed" means prescribed by rules
made under this Act;
(l) "Public Analyst" means the person appointed or recognised to be the Government Analyst, in relation to any environmental laboratory established or recogniscd in the State under the provisions of the Environment (Protection) Act, 1986 (Central Act 29 of 1986).
(m) "public place" means any place which is open to use and enjoyment of the public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house-gully or way, whether a throughfare or not, and landing place to which public are granted access or have a right to resort or over which they have a right to pass; and
(n) "State Government" means the Government
of Goa;
3. Prohibition to throw garbage in public places, drains and sewage.— (1) No person, by himself or through another, shall knowingly or otherwise throw or cause to be thrown in drain, ventilation shaft, pipe and fittings, connected with the private or public drainage works if any non-biodegradable garbage or any bio-degradable garbage in a non-biodegradable bag or container likely to—
(i) injure the drainage and sewage system.
(ii) interfere with the free flow or affect the treatment and disposal of drain sewage contents; and
(iii) be dangerous or cause a nuisance or be
prejudicial to public health.
(2) No person shall, knowingly or otherwise, place or permit to be placed, except in accordance with such procedure and after complying with such safeguards as may be prescribed, any bio- degradable or non-biodegradable garbage in any public place or in a place open to public view, unless—
(a) the garbage is placed in a garbage
receptacle, or
(b) the garbage is deposited in a location designated, by a local authority having jurisdiction on an area for the disposal of garbage.
5. Duty of owners and occupiers to collect and deposit non-biodegradable garbage. etc.— It shall be the duty of the owner and occupier to collect and segregate the non-biodegradable garbage generated within their place and store securely until it is handed over to the local authority.
5A. Penalty for contravening provision of section 5.— (1) Whoever contravenes any of the provisions of section 5 of this Act shall be punishable with:—
(a) a fine Rs. 200/- for first offence, Rs. 500/- for the second offence, and Rs. 5000/- or with imprisonment which may extend to one month or with both, for every subsequent offence, when the offence is in relation to a residential house;
(b) a fine is Rs. 2000/- for first offence, Rs. 5000/- for the second offence, and Rs. 25000/- or with imprisonment for a term which may extend to six months or with both, for every subsequent offence, when the offence is in relation to a commercial establishment;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019SCHEDULE
[See section 2(e)]
Non-Biodegradable Garbage
(1) Polyethylene; (2) Polycarbonate: (3) Polypropylene; (4) Polystyrene; (5) Polyzinyl Chloride (PVC); (6) ABS; (7) Acetal; (8) Acrylic; (9) Cellulose Acetate;
(10) Cellulose Acetate Butyrate; (11) Nylon.
————
LA/LEGN/2019/1048
The following bill which was introduced in the Legislative Assembly of the State of Goa on 7th August, 2019 is hereby published for general information in pursuance of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.
———— The Goa Land Revenue Code (Amendment) Bill, 2019
(Bill No. 17 of 2019)
A
BILL
further to amend the Goa Land Revenue
Code, 1968 (Act No. 9 of 1969).
Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India as follows:–
1. Short title and commencement.— (1) This Act may be called the Goa Land Revenue Code (Amendment) Act, 2019.
(2) It shall come into force at once.
2. Amendment of section 37A.— In sub-section (1) of section 37A of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969), for the words "six months", wherever they occur, the words "twenty-four months" shall be substituted.
STATEMENT OF OBJECTS AND REASONS
The Bill seeks to amend sub-section (1) of section 37A of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969) so as to extend the period of six months specified in sub-section (1) for submitting applications to twenty-four months, considering the difficulties faced by the applicants in finding the Alvara documents, getting it translated, and preparing other documents.
This Bill seeks to achieve the above object.
FINANCIAL MEMORANDUM
No financial implications are involved in
this Bill.
MEMORANDUM REGARDING DELEGATED LEGISLATION
No delegated legislation is envisaged in
this Bill.
Assembly Hall, (JENNIFER MONSERRATE) Porvorim, Goa. Minister for Revenue 6th August, 2019.
Assembly Hall, NAMRATA ULMAN Porvorim, Goa. Officiating Secretary, 6th August, 2019. to the Legislative Assembly of Goa.
ANNEXURE
.............................................................................................................. Extract of Section 37A of the Goa Land Revenue
Code ..............................................................................................................
37A. Confirmation of title to Alvara land.— (1) Every person occupying the land under the provisions of the Decree No. 3602 dated 24-11-1917 shall make an application in the prescribed form to the Collector within a period of six months from the date of commencement of the Goa Land Revenue Code (Amendment) Act, 2017 along with all the documents to substantiate that all the conditions laid down in the said Decree No. 3602 dated 24-11-1917 have been complied with and that he has a definitive title under the said Decree to such land:
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019Provided that the Government may direct the Collector to entertain the application made beyond the said period of six months if it is satisfied that the applicant could not make application within the said period for the reasons beyond his control.
(8) Where any person fails to comply with the provisions of sub-section (1) or (4) or his application is rejected under sub-section (3) or (6), the Government/Alvara land shall revert back to the Government free from all encumbrances and the Government shall be free to deal with such land as it deems fit.
————
LA/LEGN/2019/1049
(2) The Collector shall after receipt of application under sub-section (1) verify all the documents submitted by the applicant and after conducting such inquiry as he deems fit, submit his report thereon to the Government inter-alia stating as to whether the applicant has definitive title to the land occupied by him.
The following bill which was introduced in the Legislative Assembly of the State of Goa on 7th August, 2019 is hereby published for general information in pursuance of Rule-138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.
————
(3) The Government may, after considering the report submitted by the Collector under sub- section (2), either approve or reject his report or give such other direction to the Collector as it deems fit in the matter. In the event the Government finds that the applicant has definitive
title to the land, it may direct the Collector to issue a certificate of confirmation of the definitive title to the applicant in the prescribed form.
The Goa Staff Selection Commission Bill, 2019
(Bill No. 18 of 2019)
A
BILL
(4) A person, whose application is rejected under sub-section (3) or is occupying Government/Alvara land without the definitive title to such land under the said Decree No. 3602 dated 24-11-1917, he shall apply for regularization of such land, in the prescribed form alongwith the prescribed fee, within a period of thirty days from the date of such rejection or six months from the date of commencement of the Goa Land Revenue Code (Amendment) Act, 2017, as the case may be.
(5) The Collector shall after receipt of application under sub-section (4) verify all the documents submitted by the applicant and after conducting such inquiry as he deems fit, submit his report thereon to the Government.
(6) The Government may, after considering the report submitted by the Collector under sub- section (5), either direct the Collector to regularize such land as occupant Class–II on payment of amount as specified in sub-section (7) or reject the application or give such other direction to the Collector as it deems fit in the matter.
(7) Notwithstanding anything contained in any law for the time being in force, no land referred in sub-section (4) shall be regularized unless an amount equivalent to the total value of the land calculated at Rupees 05/- per square meter has been deposited with the Government.
to provide for the constitution of Goa Staff Selection Commission for the purpose of conducting examinations and selection of candidates for appointments to the subordinate services/posts in the Government Departments, and also to provide the procedure to be followed by the Goa Staff Selection Commission, its functions and for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of Goa in the Seventieth Year of the Republic of India as follows:—
1. Short title, extent and commencement.— (1) This Act may be called the Goa Staff Selection Commission Act, 2019.
(2) It shall extend to the whole of the State
of Goa.
(3) It shall come into force on such date, as the Government may, by notification in the Official Gazette, appoint.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 20192. Definitions.— In this Act, unless the
context otherwise requires,—
(a) "Commission" means the Goa Staff Selection Commission constituted under section 3;
(b) "Chairperson" means the Chairperson
of the Commission;
(c) "direct recruitment" means the method of recruitment as provided under the rules regulating the recruitment to the sub-ordinate services/posts;
(d) "Governor" means the Governor of
the State of Goa;
(e) "Government" means the Government
of Goa;
(f) "member" means a member of the
Commission;
(g) "notification" means a notification published in the Official Gazette of the Government;
(h) "Official Gazette" means the Official
Gazette of the Government of Goa;
(i) "prescribed" means prescribed by
rules made under this Act;
(j) "regulations" means regulations made by the Commission under section 18 of this Act;
(k) "Secretary" means the Secretary of
the Commission;
(l) "State" means the State of Goa;
(m) "sub-ordinate services/posts" means all Group "C" posts in the Government Depar tments and includes such other services/posts as may be notified by the Government to be sub-ordinate services/ /posts, but shall not include the tenure posts which are created for the Office of the Chief Minister/Minister, Leader of Opposition, Advocate General and all other tenure posts wherein the Government makes appointments.
3. Constitution of the Commission.— (1) The Government shall, by notification in the Official Gazette, constitute a Commission to be called the Goa Staff Selection Commission to exercise the powers conferred on and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of,–
(a) a Chairperson, who shall be either a serving or a retired officer from the Indian Administrative Service drawing the pay scale or has drawn the last pay scale, not below that of Super-time Scale, as the case may be, or a retired Officer from the Goa Civil Service, Government aided institution or Semi-Government Organization who has drawn the last pay scale not below that of Selection Grade officer; and
(b) two members, who shall be either ser ving or retired officers of the Government, Government aided institution or Semi-Government Organization, drawing the pay scale or has drawn the last pay scale, not below that of a Senior Scale officer.
4. Appointment, term of office and conditions of service of the Chairperson and members.— (1) The Chairperson and other members shall be appointed by the Governor:
Provided that no person who is chargesheeted or against whom criminal proceedings is pending shall be appointed as a Chairperson or a member unless he is free from vigilance angle.
(2) The Chairperson and every member shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for re-appointment.
(3) In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or other wise, the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 Governor may, by notification, authorise one of the members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(4) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the members as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
(5) The Chairperson or a member may, at any time, by writing under his hand addressed to the Governor, resign his office, but he shall continue in office till his resignation is accepted by the Governor.
(6) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and the members, shall be such as may be prescribed.
(7) Ever y person appointed as the Chairperson or as member shall, before he enters upon his office, make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation in such form as may be prescribed.
5. Removal and suspension of Chairperson and member of the Commission.— (1) Notwithstanding anything contained in sub- section (2) of section 4, the Governor may by order remove from office the Chairperson or any member, if the Chairperson or such member, as the case may be,—
(a) is adjudged as insolvent; or
(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Governor involves moral turpitude; or
(c) is unfit to continue in office by reason
of infirmity of mind or body; or
(d) is of unsound mind and stands so
declared by a competent court; or
(e) engages during his term of office in any paid employment outside the duties of his office; or
(f) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Chairperson or a member of the Commission; or
(g) has abused his position so as to render his continuance in office detrimental to the public interest:
Provided that, the Chairperson or any member shall not be removed under sub- section (1) unless he has been given a reasonable opportunity of being heard in the matter.
(2) The Governor may suspend the Chairperson or any other member till such time he passes order under sub-section (1).
6. Officers and other employees of the Commission.— (1) The Government shall provide the Commission with a Secretary, who shall be from the Civil Service not below the rank of Senior Scale Officer and such other officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act. Their appointment shall be treated as on deputation as per the standard terms and conditions envisaged in the deputation guidelines issued by the Government from time to time.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the Secretary, officers and other employees of the Commission, shall be such as may be prescribed.
7. Duties and functions of the Commission.— (1) Notwithstanding anything contained in any other law for the time being in force the Commission shall conduct examinations and select candidates for appointment to the sub- ordinate services/posts.
(2) The Commission shall perform such other functions and duties as the Government may, by notification, specify.
(3) The Commission shall conduct departmental examinations and advice the Government on such other matters as may be referred to it by the Government.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019(4) Notwithstanding anything contained in any law and rules, regulations or, bye-laws framed thereunder and the condition of service, relating to the sub-ordinate services/ /posts, the Commission shall be the authority competent to conduct examinations for appointments to such sub-ordinate services/ /posts.
(5) On all matters relating to methods of recruitment to, or any other matter relating to, the sub-ordinate services/posts it shall be the duty of the Commission to advise on any matters so referred to by the Government Department.
(6) The Government may, however, make orders specifying the matters in which either generally or in any particular class of cases or in any particular circumstances, it shall not be necessar y for the Commission to be consulted.
(7) In the case of any difference of opinion between the Commission and the Government Department, on any matter, the concerned Government Department shall refer such matter to the Government and the decision of the Government thereon shall be final.
8. Manner of selection of candidates, procedure for conduct of business of the Commission, certain special provisions relating to intimation of vacancies to Commission and their advertisement.— (1) The manner of conducting examinations and selection of candidates for appointment to the sub- ordinate services/posts shall be such as may be provided for by the regulations.
(2) The procedure for conduct of business of the Commission shall be such as may be provided for by the regulations.
(3) Ever y Head of the Government Department shall, every year, intimate the Commission about the number of vacancies for the sub-ordinate services/posts, including those anticipated in course of the year, within such time and in such manner as may be provided for by regulations.
(4) In matters for which no provision is made in this section, the Government may make rules in consultation with the Commission; and subject to the provisions of such rules, the Commission may regulate its proceedings.
9. Effect of recommendation of the Commission.— Notwithstanding anything contained in any other law for the time being in force, the recruitment to the sub-ordinate ser vices/posts, shall be made on the recommendation of the Commission.
10. Furnishing of returns, etc.— (1) The Commission shall furnish to the Government such returns, statistics, reports, accounts and other information with respect to conduct of it's affairs or activities as may be required by the Government from time to time.
(2) The Commission shall furnish to the Government an annual report on it's working as soon as may be after the end of each financial year in such form and detail as may be prescribed.
11. Fees.— The Commission shall, for the purpose of discharging it's functions of conducting examinations and selecting candidates for appointments to the sub- ordinate services/posts, levy such fees as may be prescribed:
Provided that the candidates belonging to scheduled castes and scheduled tribes shall be levied 25% of such fees and the candidate belonging to other backward class shall be levied 50% of such fees.
12. Commission may call for records.— The Commission may call for any record, report or information from any appointing authority or the Government which in it's opinion, is necessar y for efficient discharge of it's functions and the concerned authorities shall be bound to furnish such records, reports or information to the Commission.
13. Chairperson and members deemed to be the Public Servants.— The Chairperson and the other members while acting or purporting to act under this Act, shall be deemed to be OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
14. Vacancies, etc. not to invalidate proceedings of the Commission.— No act or proceedings of the Commission shall be questioned or shall become invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of the Commission.
15. General powers of the Commission.— Subject to the provisions of this Act, the Commission shall have powers,—
(a) to constitute advisory committee to
advise the Commission;
(b) to engage suitable consultants/ /exper ts or persons having special knowledge or skills to assist the Commission in the performance of its functions;
(c) subject to the previous permission of the Government, to delegate any of it's powers generally or specially to any of its committees or Officers;
(d) to enter into and perform all such contracts, as it may consider necessary or expedient, for carr ying out any of its functions;
(e) to do such other things and perform such acts as it may think necessary or expedient for the proper conduct of its functions and carrying into effect the purposes of this Act.
16. Authentication of orders and documents of Commission.— All permissions, orders, decisions, notices and other documents of the Commission shall be authenticated by the signature of officer authorized by the Commission in this behalf.
17. Power to make rules.— (1) The 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) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and members, under sub-section (6) of section 4;
(b) form of oath or affirmation, under sub-
section (7) of section 4;
(c) the salaries and allowances payable to, and the other terms and conditions of service of, the Secretary, officers and other employees of the Commission, under sub- section (2) of section 6;
(d) matter for which no provision is made in section 8 to make Regulations, under sub-section (4) of section 8;
(e) form and the details of the annual report to be furnished by the Commission to the Government, under sub-section (2) of section 10;
(f) fees to be levied under section 11.
(3) Every rule made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
18. Power to make regulations.— (1) The Commission may, with prior approval of the Government, by notification, make regulations not inconsistent with this Act and the rules made thereunder for carr ying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) manner of conducting examinations and selection of candidates for appointment to the sub-ordinate services/posts, under sub-section (1) of section 8;
(b) procedure for conduct of business of the Commission, under sub-section (2) of section 8;
(c) time limit and the manner in which the Government Depar tments, shall OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 intimate the number of vacancies to the Commission, under sub-section (3) of section 8;
(d) specifying the mode of selection and fixing criteria for selection of candidates to sub-ordinate services/posts in consultation with the concerned Government Department;
(e) specifying the mode of arranging the selected candidates in the order of merit keeping in view the number of vacancies reported for being filled;
(f) specifying the manner of forwarding the list of selected candidates arranged as per their merits to the appointing Authority;
(g) specifying the manner in which an advertisement to be issued for inviting applications;
(h) specifying the mode for publication
of advertisement inviting applications.
(3) No regulation or its amendment shall have effect until the same is approved by the Government.
19. Power to remove difficulties.— (1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiration of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of Goa.
STATEMENT OF OBJECTS AND REASONS
The Bill seeks to make special provision for the purpose of conducting examinations and selection of candidates for appointments to the sub-ordinate ser vices/posts in the Government Departments by an independent body and for that purpose to constitute the Goa Staff Selection Commission.
This Bill seeks to achieve the above object.
FINANCIAL MEMORANDUM
Clause 3 of the Bill empowers the Government for constitution of Goa Staff Selection Commission and to appoint the Chairperson and two members thereof. There are financial implications on account of constitution of said Commission to the tune of Rs. 500.00 Lakhs approximately.
Thereafter, the Commission will levy fee for the purpose of conducting examination and for selecting candidates for the sub-ordinate services/posts.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 1(3) of the Bill empowers the Government to issue notification for appointing the date to bring into force the Act.
Clause 2(m) of the Bill empowers the Government to notify any service/post to be sub-ordinate service/post.
Clause 3(1) of the Bill empowers the Government to issue notification for constituting the Goa Staff Selection Commission.
Clause 4(6) of the Bill empowers the Government to frame rules for specifying the salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and members of the Commission.
Clause 4(7) of the Bill empowers the Government to frame rules for specifying the form of oath or affirmation.
Clause 6(2) of the Bill empowers the Government to frame rules for specifying the salaries and allowances payable to, and other terms and conditions of service of, the Secretary, officers and other employees of the Commission.
Clause 7(2) of the Bill empowers the Government to specify by notification in the Official Gazette other functions and duties to be performed by the Commission.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019Clause 7(6) of the Bill empowers the Government to issue order for specifying the matters, class of cases or circumstances in which, the Commission shall not be consulted.
Clause 8(1) of the Bill empowers the Commission to make regulations specifying the manner of conducting examinations and selection of candidates for appointment to the sub-ordinate services/posts.
Clause 8(2) of the Bill empowers the Commission to make regulations specifying the procedure for conduct of its business.
Clause 8(3) of the Bill empowers the Commission to make regulations specifying the time limit and the manner in which, the Heads of the Government Departments shall intimate the vacancies to the Commission.
Clause 8(4) of the Bill empowers the Government to make rules, in consultation with the Commission, in matters for which no provision is made in section 8.
Clause 10(2) of the Bill empowers the Government to frame rules specifying the form and the details about the annual report which is to be furnished by the Commission to the Government.
Clause 11 of the Bill empowers the Government to frame rules specifying the fees payable by the candidates.
Clause 17 of the Bill empowers the Government to frame rules for the purpose of carrying out the provisions of the Act.
Clause 18 of the Bill empowers the Commission to frame regulations for carrying out the purposes of the Act.
Clause 19(1) of the Bill empowers the Government to make order for removing any difficulty which arises in giving effect to the provisions of the Act.
These delegations are of normal character.
Porvorim-Goa. Dr. PRAMOD SAWANT 6th August, 2019. Minister for Personnel/
/Chief Minister
Assembly Hall. NAMRATA ULMAN Porvorim, Goa. Officiating Secretary to the 6th August, 2019. Legislative Assembly of Goa.
Governor's Recommendation under Article 207 of the Constitution of India
In pursuance of ar ticle 207 of the Constitution of India, I, Mridula Sinha, the Governor of Goa hereby recommend the introduction and consideration of the GOA STAFF SELECTION COMMISSION BILL, 2019, by the Legislative Assembly of Goa.
MRIDULA SINHA Governor of Goa
———ttt———
Department of Personnel ——
Notification
5/14/2018-PER/2124
In pursuance to Rule 23 of the Goa Civil Service, 2016, the Departmental Examination of Junior Scale Officers of Goa Civil Service listed on Annexure A overleaf is scheduled on 22nd, 23rd, 24th & 26th August, 2019.
The aforesaid examination will be conducted by the Goa Institute of Public Administration & Rural Development.
The syllabus for the examination is as specified in the Annexure B appended hereto and consists of four papers of 50 marks each. The question paper format includes: Fill in the blanks, one sentence answers, short notes, essay type questions and case studies.
The candidate shall be declared passed in the examination, if he/she secures a minimum of 40% of the total marks in each paper.
The details about venue of examination and instructions to candidates will be issued separately.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretar y
(Personnel-I).
Porvorim, 30th July, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019ANNEXURE A
Sr. No. Name of Junior Scale Officers
1. Smt. Maya Pednekar 2. Smt. Fransquinha Oliveira 3. Shri Shripad Arlekar 4. Shri Chandresh Kunkalkar 5. Smt. Shivanee Borkar 6. Smt. Snehal Prabhu 7. Smt. Nayan Moroscar 8. Shri Kuldeep Arolkar 9. Shri Sachin Desai 10. Shri Premraj Shirodkar 11. Shri Pranab Bhat 12. Shri Kabir Shirgaonkar 13. Shri Sagar Gaude 14. Dr. Pooja Madkaikar 15. Shri Vikas Kamble 16. Ms. Fiona Audrey Cardozo 17. Shri Pritidas Gaonkar 18. Shri Nilesh Dhaigodkar 19. Shri Mangaldas Gaonkar
ANNEXURE B
SYLLABUS FOR DEPARTMENTAL EXAMINATION FOR JUNIOR SCALE OFFICERS OF GOA CIVIL SERVICE (PROBATIONERS)
Paper I- General management and Government Administrative skills (Total Marks 50) (without books).
1. Values & Ethics in administration. 2. Structure and functioning of the Government &
its departments and autonomous bodies.
3. Organizational culture. 4. Leadership and group dynamics. 5. Attitude and behavioral change; self awareness. 6. Professionalism, office etiquette. 7. Motivation and productivity. 8. Managing conflict at work place. 9. Mapping work flows in Government. 10. Project Management. 11. Persuasion skills and consensus building. 12. Communication- verbal and non-verbal. 13. Inter-personal skills. 14. Conducting meeting. 15. CCS (CCA) Rules, 1965 & CCS (Conduct) Rules,
1964.
16. Disciplinary and Appeal rules. 17. Service records. 18. Establishment matters- recruitment rules,
seniority.
19. Maintenance of Roster. 20. Noting and drafting, cabinet notes.
21. Transaction of Business rules. 22. Legislative Assembly Rules and Procedures. 23. Record management.
Suggested Study Materials
Classroom discussions, lecture notes and PPT of
the topics.
Paper-II - Legal Structure of Government (Total
Marks 50) (with books)
1. Bureaucracy, Democracy and Constitutional
Law.
2. Indian Constitution Importancc of Funda-
mental Rights and Fundamental Duties; Directive Principles of State Policy.
3. Article 309 to 311, Part V, VII, VIII, IX, IX A, IX B.
4. Suits by and against Government and judicial
procedures.
5. Gaunkari system and Code of Communidade.
6. The Indian Police Act - Inspection: who, when,
how of inspection (Police Station inspection).
7. The Right to Information Act, 2005.
8. The Goa Lokayukta Act, 2011.
9. The Goa (Rights of Citizens to Time Bound)
Delivery of Public Services Act, 2013.
10. The Right of Children to Free and Compulsory
Education Act, 2009.
11. The Protection of Children from Sexual Offences
Act, 2012 (POSCO).
12. The Protection of Women from Domestic
Violence Act, 2005.
13. The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (POSH).
14. Labour Laws.
Study Books/Acts suggested
The Constitution of India, the above relevant acts, classroom discussions and PPTs used by the resource persons.
Paper-III - Financial Management in Government
(Total Marks 50) (with books).
1. Indian Planning Process and key highlights of
the five year plans.
2. Role of Finance Department and Treasury in the
financial management of the State.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 20193. Public finance and budget (budget v/s realities)- revenues concepts, financial resources of the State.
4. The General Financial Rules, 2005.
5. Fundamental Rules, Supplementary Rules.
6. The Goa Delegation of Financial Powers Rules,
2008.
7. The Goa Payment and Receipt Rules - bills.
8. Duties of Drawing and Disbursing Officers.
9. Tendering procedures, e-procurement.
10. Audit procedures in Government budget, role of performance audit and performance indicators.
11. Statistics and data management.
Study Books Suggested
(i) F.R.s and S.R.s (ii) Goa DFPR 2008 (iii) GFR 2005 (iv) Goa (Receipts and Payments) Rules, 1997 (v) CCS (Conduct) Rules, 1964 (vi) CCS (Pension) Rules, 1972 (vii) CCS (Medical Attendance) Rules, 1944 (viii) LTC Rules and (ix) HBA Rules and (x) PPTs used in class by resource persons in class.
Paper-IV - Contemporary Governance (Total marks
20) (without books)
1. Good Governance.
2. Administrative Reforms.
3. Human rights and development administration.
4. E-Governance and best practices in e-
Governance.
5. Key issues before the administration.
6. Child Labour issues in Goa.
7. Changing nature of Public administration and
challenges to Indian Democracy.
8. Forest Act and Laws and various forest related
issues in Goa.
9. Solid Waste Management.
10. Role of NGO in development administration.
11. Disaster management and preparedness.
12. Environmental laws and issues in Goa.
Presentations/projects/report/report (Marks 30)
1. Participatory Rural Appraisal (PRA).
2. Slum area and NGO visits.
3. Reports.
4. Project.
Suggested Study Materials
Classroom discussions points, lecture notes and
PPT of the topics.
Department of Public Health ——
Corrigendum
4/1/2018-IV/PHD/1130
Read: (1) Order No. 4/1/2018-IV/PHD/1073
dated 26-7-2019.
The last para in the Government order referred at above, shall be corrected to read as under:—
"Now therefore, as conveyed by the Administrative Reforms Department vide their letter No. 9/13/IDCO/2018-ARD/173 dated 21-6-2019, Government is pleased to create one post of Assistant Engineer (Electrical) to the pay scale of Level 7 under Goa Dental College & Hospital and accommodate Shri Carlos B. Dias against the post w.e.f. 25-1-2019."
By order and in the name of the Governor
of Goa.
Trupti B. Manerkar, Under Secretar y
(Health-I).
Porvorim, 2nd August, 2019.
———ttt———
Department of Sports and Youth Affairs
Directorate of Sports and Youth Affairs ——
Addendum
DSYA/SW/BBJKA/2019-20
Scheme for presentation of "Bakshi
Bahaddar Jivabadada Kerkar Award".
Read Notification No: DSYA/SW/Schemes/ /BBJK Award/2017-18/1462 dated 21-07-2017.
I. In the notification read above, published in the Official Gazette, Series I No. 19 dated 10th August, 2017, below para 4 (iii), item No. 41 stands added to list of Sports Disciplines, as under;
Serial No. 41 Taekwondo
II. 4(iv) the Awards will be limited to the Maximum Three Sports Persons and One Sports Organizer annually from amongst the 41 Sports disciplines at para 4(iii) above.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019All other stipulation remain unaltered.
By order and in the name of the Governor of Goa.
Anjali Sehrawat, IAS, Director & ex officio Jt. Secretary (Sports & Youth Affairs).
Panaji, 31st July, 2019.
———ttt———
Department of Tourism
——
Order
7/2(700)/2019-DT
In exercise of the powers conferred by sub-section (2) of section 9A of the Goa Tourist Places (Protection and Maintenance) Act, 2001 (Goa Act 56 of 2001), I, Shri Sanjiv Gadkar, the Competent Authority, hereby authorizes the following Officers to levy and collect fine from the persons violating the provisions of sub-section (1) of section 9A of the said Act, by a challan appended hereto, namely:—
(I) the Officers Incharge of Flying Squads, Supervisors and Tourist Warden of the Department of Tourism.
(II) the Police Officers including Officers of Tourist Police not below the rank of the Head Constable.
This order shall come into force with immediate effect.
Sanjiv M. Gadkar, Competent Authority.
Panaji, 15th July, 2019.
————
CHALLAN
Sr. No.:- ...............
Date: .........................
I, ................................................................., (Designation) .............................................. authorized as Competent Authority under sub-section (2) of Section 9 A of the Goa Tourist Places (Protection and Maintenance) Act, 2001 (Goa Act 56 of 2001), hereby levy a fine of Rs. 2,000/Rs. 10,000/- upon:-
(1) Shri/Smt. .......................................................................................... r/o ....................................................................
(2) Shri/Smt. .......................................................................................... r/o ....................................................................
(3) Shri/Smt. .......................................................................................... r/o ................................................... & others.
For violating the provisions of sub-section (1) of section 9A of the said Act by indulging into the following activity/activities (Tick Mark):–
(a) Consumption of liquor in open.
(b) Cooking food in open.
(c) Littering waste including used material, empty bottles, etc.
(d) Breaking of glass bottles. at ___________________________________ on ________________ at ______________hrs.
Signature of Violator/Violators Authorized Signatory Witness - 1 ..........................................
Witness - 2 ...........................................
(Office Seal) OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 19 8TH AUGUST, 2019 RECEIPT
Received from ................................................................................................................. sum of Rs. 2,000/- / Rs. 10,000/- in cash towards the fine imposed under sub-section (2) of section 9A of the Goa Tourist Places (Protection and Maintenance) Act, 2001 (Goa Act 56 of 2001).
Authorised Signatory
Place:- .......................................
Date:- .........................................
(Office Seal)
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