491

Panaji, 8th August, 2019 (Sravana 17, 1941)

SERIES I No. 19

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]

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

The following draft 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-

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.

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

492

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 servant 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

Retail Price

No.

per kilo litre

per litre

including GST

& Green Cess

Existing

Revised

Existing

Revised

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

Salcete

Rs. 32643.25

Rs. 32908.38

Rs. 34.50

Rs. 34.75

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

Mormugao

Rs. 32455.37

Rs. 32720.50

Rs. 34.25

Rs. 34.50

Ponda

Rs. 32746.90

Rs. 33012.03

Rs. 34.50

Rs. 34.75

Quepem

Rs. 32896.07

Rs. 33161.20

Rs. 34.75

Rs. 35.00

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

493

Pernem

Rs. 33832.75

Rs. 34097.88

Rs. 35.50

Rs. 35.75

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)

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

494

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 Article 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;

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

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495

(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)

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

496

“(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.— After

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

enquiry 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

497

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

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498

These 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

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

499

(i) cancelled or revoked, as the case may be;

(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)

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

compostable plastic material, with or

without handles used for the purpose of

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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 fifty thousand) for the first

offence, Rs. 1,00,000/- (Rupees one lakh)

for the second offence and Rs. 3,00,000/-

(Rupees

three

lakhs),

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 fifty thousand), or with

imprisonment which may extend to

one month or with both, for every

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 fifty

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;”

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501

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;

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

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(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;

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SCHEDULE

[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)

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:

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Provided 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.

(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.

(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.

(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.

(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

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 Staff Selection Commission

Bill, 2019

(Bill No. 18 of 2019)

BILL

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

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.

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2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Commission” means the Goa Staff

Selection Commission constituted under section

(b) “Chairperson” means the Chairperson

of the Commission;

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

Departments 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

serving 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

person

who

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 otherwise, the

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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) Every 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

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.

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(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 necessary 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) Every 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

services/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

necessary 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

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508

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/

/experts or persons having special

knowledge or skills to assist the Commission

in the performance of its functions;

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 carrying 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;

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 carrying 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;

the Government Departments, shall

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509

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 services/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.

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510

Clause 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 article 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 Secretary

(Personnel-I).

Porvorim, 30th July, 2019.

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511

ANNEXURE A

Sr. No.

Name of Junior Scale Officers

Smt. Maya Pednekar

Smt. Fransquinha Oliveira

Shri Shripad Arlekar

Shri Chandresh Kunkalkar

Smt. Shivanee Borkar

Smt. Snehal Prabhu

Smt. Nayan Moroscar

Shri Kuldeep Arolkar

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)

Bureaucracy, Democracy and Constitutional

Law.

Indian Constitution Importancc of Funda-

mental Rights and Fundamental Duties;

Directive Principles of State Policy.

Article 309 to 311, Part V, VII, VIII, IX, IX A, IX B.

Suits by and against Government and judicial

procedures.

Gaunkari system and Code of Communidade.

The Indian Police Act - Inspection: who, when,

how of inspection (Police Station inspection).

The Right to Information Act, 2005.

The Goa Lokayukta Act, 2011.

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.

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3. 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)

Good Governance.

Administrative Reforms.

Human rights and development administration.

E-Governance and best practices in e-

Governance.

Key issues before the administration.

Child Labour issues in Goa.

Changing nature of Public administration and

challenges to Indian Democracy.

Forest Act and Laws and various forest related

issues in Goa.

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 Secretary

(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.

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All 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.

(d) Breaking of glass bottles.

at ___________________________________ on ________________at ______________hrs.

Signature of Violator/Violators

Authorized Signatory

Witness - 1 ..........................................

Witness - 2 ...........................................

(Office Seal)