833

Panaji, 12th September, 2019 (Bhadra 21, 1941)

SERIES I No. 24

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]

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

Notification

7/14/2019-LA

The Goa Staff Selection Commission Act,

2019 (Goa Act 11 of 2019), which has been

passed by the Legislative Assembly of Goa on

09-08-2019 and assented to by the Governor

of Goa on 10-09-2019, is hereby published for

the general information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 12th September, 2019.

————

The Goa Staff Selection Commission

Act, 2019

(Goa Act 11 of 2019) [10-9-2019]

ACT

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

EXTRAORDINARY

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.

2. 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;

method of recruitment as provided under

the rules regulating the recruitment to the

sub-ordinate services/posts;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY)

12TH SEPTEMBER, 2019

834

(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

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY)

12TH SEPTEMBER, 2019

835

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.

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY)

12TH SEPTEMBER, 2019

836

(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 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,—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY)

12TH SEPTEMBER, 2019

837

(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

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

(EXTRAORDINARY)

12TH SEPTEMBER, 2019

838

(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.

Secretariat,

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 12-09-2019

Government of Goa.

Law Department

(Legal Affairs).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 6.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—207/220—9/2019.