Servants of Knowledge
Goa Gazette · Government of Goa

Goa Gazette, No. 1920-34, 21 November 2019

Published 21 November 2019

Type
OG
Gazette no.
1920-34
Num
0
Series
SI
Identifier
in.goa.egaz.1920-34.SI/1920-34-SI-OG-0
Languages
English, Portuguese
Published at
Original source ↗

RNI No. GOAENG/2002/6410 Reg. No. G-2/RNP/GOA/32/2018-20

Panaji, 21st November, 2019 (Kartika 30, 1941) SERIES I No. 34 PUBLISHED BY AUTHORITY

NOTE

There is one Extraordinary issue to the Official Gazette, Series I No. 33 dated 14-11-2019, namely Extraordinary dated 15-11-2019 from pages 1019 to 1020 from Department of Finance, Debt Management Division, Not. No. 5-6-2019-Fin(DMU) regarding Market Borrowing Programme of State Government 2019-20.

INDEX

Department Order/Notification Subject Pages

1. Civil Supplies & Not.-DCS/S/Ker/PF/ Revised fixation of Superior Kerosene Oil. 1021 Consumer Affairs /2019-20/228 Dir. & ex officio Joint Secy.

2.a. Finance Off. Memo.- 12/3/82-Fin Grant of Dearness Relief to Central Government 1022 Under Secretary (R&C)/Vol.I pensioners/family pensioners.

b. -do- Not.-38/1/2017-Fin(R&C) Amendment of Government Notification 1023 (25A/2019-Rate) dated 30-6-2017.

3. Information Technology 7(316)/2010/DOIT/CCTNS Declaration of GCOPS application under CCTNS 1024 Under Secretary Project/Vol-II/1189 Project of the Goa Police to be a protected system.

4. Inland Waterways Ord.- COP/2012/2/Corresp. Final sanctioned staff strength. 1024 Captain of Ports (PER)/Part-III (Part)/3175 Captain & ex officio Joint Secy.

5.a. Law & Judiciary Not.- 10/4/2019-LA-277 The Protection of Human Rights (Amendment) 1026 Joint Secy.

Act, 2019.

b. -do- Not.- 10/4/2019-LA-278 The Muslim Women (Protection of Rights on 1028

Marriage) Act, 2019.

GOVERNMENT OF GOA

Department of Civil Supplies and Consumer Affairs

——

Notification

DCS/S/Ker/PF/2019-20/228

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 16-11-2019. This notification supersedes earlier Notification No. DCS/S/KER/PF/2019-20/213 dated 18-11-2019.

1021 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019

Sr. Taluka Wholesale Price Wholesale Price Retail Price Retail Price No. per kilo litre per kilo litre per litre per litre

including GST including GST including GST including GST & Green Cess & Green Cess & Green Cess & Green Cess

Existing Revised Existing Revised 1 2 3 4 5 6

1. Tiswadi Rs. 35072.89 Rs. 35338.02 Rs. 38.75 Rs. 39.00

Chorao Rs. 35104.39 Rs. 35369.52 Rs. 38.75 Rs. 39.00

Diwar Rs. 35104.39 Rs. 35369.52 Rs. 38.75 Rs. 39.00

2. Salcete Rs. 34499.17 Rs. 34764.30 Rs. 38.25 Rs. 38.50

3. Bardez Rs. 35281.04 Rs. 35546.17 Rs. 39.00 Rs. 39.25

Corjuvem Rs. 35281.04 Rs. 35546.17 Rs. 39.00 Rs. 39.25

4. Mormugao Rs. 34311.29 Rs. 34576.42 Rs. 38.00 Rs. 38.25

5. Ponda Rs. 34602.82 Rs. 34867.96 Rs. 38.25 Rs. 38.50

6. Quepem Rs. 34751.99 Rs. 35017.12 Rs. 38.50 Rs. 38.75

7. Bicholim Rs. 35298.39 Rs. 35563.52 Rs. 39.00 Rs. 39.25

8. Pernem Rs. 35688.67 Rs. 35953.80 Rs. 39.25 Rs. 39.50

9. Canacona Rs. 35150.95 Rs. 35416.08 Rs. 38.75 Rs. 39.00

10. Sanguem Rs. 34942.79 Rs. 35207.92 Rs. 38.75 Rs. 39.00

11. Satari Rs. 35150.95 Rs. 35416.08 Rs. 38.75 Rs. 39.00

12. Dharbandora Rs. 34942.79 Rs. 35207.92 Rs. 38.75 Rs. 39.00

By order and in the name of the Governor of Goa.

Sagun Velip, Director & ex officio Joint Secretary (Civil Supplies & Consumer Affairs).

Panaji, 19th November, 2019.

———ttt———

Department of Finance

Revenue & Control Division

__

Office Memorandum

12/3/82-Fin(R&C)/Vol.I

A copy of the under mentioned Office Memorandum received from the Government of India, Ministr y of Personnel, Public Grievances & Pensions, Depar tment of Pension & Pensioners Welfare, New Delhi is forwarded herewith for being published in the Official Gazette.

Pranab G. Bhat, Under Secretary, Finance (R&C).

Porvorim, 12th November, 2019.

F. No. 42/04/2019-P&PW(D)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions Department of Pension & Pensioner's Welfare

3rd Floor, Lok Nayak Bhavan. Khan Market, New Delhi-110003 Date: 21st October, 2019

Office Memorandum

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners–Revised rate effective from 1-7-2019-reg.

The undersigned is directed to refer to this Department's OM No. 42/04/2019-P&PW(D)1022 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019 dated 23-06-2017 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate or 12% to 17% w.e.f 01-07-2019.

2. These rates or DR will be applicable to (i) Civilian Central Government Pensioners/ Family Pensioners including Central Govt. absorbee pensioners in PSU/Autonomous Bodies in respect or whom orders have been issued vide this Department's O.M. No. 4/34/ 2002-P&PW(D)Vol.II dated 23-06-2017 for restoration of full pension after expiry of commutation period of 15 years (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates. (iii) All India Service Pensioners (iv) Railway Pensioners/family pensioners (v) Pensioners who are in receipt of provisional pension (vi) The Burma Civilian pensioners'/family pensioners and pensioners/families of displaced Government pensioners from Burma/Pakistan, in respect of whom orders have been issued vide this Department's O.M. No. 23/3/2008-P&PW(B) dated 11-09-2017.

3. The payment of Dearness Relief involving a fraction of a rupee shall be rounded off to the next higher rupee.

quantum of DR payable in each individual case.

7. The offices of Accountant General and authorised Pension Disbursing Banks are requested to arrange payment or relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank or India in view of letter No. 528-TA,II/ 34-80-II dated 23-04-1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank or India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

9. In their application to the pensioners/ family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.

10. This issues in accordance with the Ministr y of Finance, Depar tment or Expenditure's O.M. No. 1/3/2019-E.II(B) dated 14th October, 2019.

Sd/- CHARANJIT TANEJA, Under Secretary Government of India.

_________

Notification

4. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department's O.M. No. 45/73/97-P&PW(G) dated 2-7-1999 as amended vide this Department's O.M. No. F.No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension, will remain unchanged.

5. In the case or retired Judges or the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

6. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the 38/1/2017-Fin(R&C)(25A/2019-Rate)

In exercise of the powers conferred by sub- section (1) of section 11 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 notification of the Government of Goa No. 38/1/2017-Fin(R&C)(2/2017-Rate), dated the 30th June, 2017, published in the Extraordinary Official Gazette No. 3, Series I No. 13 dated the 30th June, 2017, namely:—

In the said notification, in the Schedule, after S. No. 103 and the entries relating thereto, the following S. No. and the entries shall be inserted and shall deemed to have1023 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019 been inserted retrospectively with effect from the 1st day of July, 2017, namely:—

(1) (2)

(3)

"103A 26 Uranium Ore Concentrate".

(2) For this purpose, the Government of Goa shall have and shall be deemed to have the power to amend the said notification with retrospective effect as if the Government of Goa had the power to amend the said notification under sub-section (1) of section 11 of the said Act, retrospectively, at all material times.

(3) No refund shall be made of all such tax which has been collected, but which would not have been so collected, if the said notification had been in force at all material times.

By order and in the name of the Governor

of Goa.

Pranab G. Bhat, Under Secretary, Finance

(R&C).

Porvorim, 20th November, 2019.

Department of Information Technology

__

Notification

7(316)/2010/DOIT/CCTNS Project/Vol-II/ 1189

In exercise of the powers conferred by sub- -section (1) of section 70 of the Information Technology Act, 2000 (Central Act 21 of 2000), the Government of Goa hereby declares the "GCOPS application under CCTNS (Crime and Criminal Tracking Network and System)" Project of the Goa Police to be a protected system for the purpose of the said Act.

This Notification shall come into force on the date of its publication in the Official Gazette.

By order and in the name of the Governor

of Goa.

Ankita Anand, IAS, Director & ex officio Jt.

Secretary.

Panaji, 20th November, 2019.

———ttt———

Department of Inland Waterways

Captain of Ports

—— Order

COP/2012/2/Corresp.(PER)/Part-III(Part)/3175

In supersession of all the previous orders for creation/revival/re-designation/upgradation of the various posts, Government is pleased to indicate the final sanctioned staff strength of the department as under for the next five years.

Sr. Designation of the Post Pay Scale Sanctioned No.

1 2

Non Ministerial (Non-Lapsable) posts

Strength

3

4

1. Captain of Ports, Group 'A' Gazetted Level-12 (PB 3 Rs. 15600-39100+7600 G.P.) 1

2. Dy. Captain of Ports, Group 'A' Level-11 (PB 3 Rs. 15600-39100+6600 G.P.) 1

3. Marine Engineer & Ship Level-11 (PB 3 Rs. 15600-39100+6600 G.P.) 1

Surveyor, Group 'A'

4. Hydrographic Surveyor, Group 'A' Level-11 (PB 3 Rs. 15600-39100+6600 G.P.) 1

5. Superintendent (Aids to Marine Level-10 (PB 3 Rs. 15600-39100+5400 G.P.) 1

Navigation) (ATON), Group 'B'

6. Dy. Hydrographic Surveyor, Group 'B' Level-10 (PB 3 Rs. 15600-39100+5400 G.P.) 1

7. Technical Superintendent Level-9 (PB 2 Rs. 9300-34800+5400 G.P.) 1

(Ports), Group 'B'1024 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019 1 2

3

4

 8.    Principal, Group 'B'                 Level-7 (PB 2 Rs. 9300-34800+4600 G.P.)          1
 9.    Assistant  Accounts  Officer,        Level-6 (PB 2 Rs. 9300-34800+4200 G.P.)          1
       Group 'B'
10.    Incharge, Marine Slipway,            Level-6 (PB 2 Rs. 9300-34800+4200 G.P.)          1
       Group 'B' Non-Gazetted
11.    Accountant, Group 'C'                Level-6 (PB 2 Rs. 9300-34800+4200 G.P.)          1
       Ministerial (Lapsable) Posts
 1.    Head Clerk, Group 'C'                Level-6 (PB 2 Rs. 9300-34800+4200 G.P.)          2
 2.    Marine Inspector, Group 'C'          Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          6
 3.    Supervisor                           Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
 4.    Supervisor, Lighthouse keeping       Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
 5.    Senior  Stenographer                 Level-6 (PB 2 Rs. 9300-34800+4200 G.P.)          1
 6.    Statistical Assistant                Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
 7.    Sr. Instructor (Deck)                Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
 8.    Sr. Instructor (Engine room)         Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
 9.    Jr. Instructor (Deck)                Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
10.    Jr. Instructor (Engine room)         Level-5 (PB 1 Rs. 5200-20200+2800 G.P.)          1
11.    Master                               Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          6
12.    Engine  Driver                       Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          6
13.    Dredger  Mechanic                    Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          1
14.    Junior  Stenographer                 Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          2
15.    Upper Division Clerk                 Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)  20 (five posts of
                                                                                      UDC should be
                                                                                       abolished  on
                                                                                      the  vacancy  of
                                                                                       the  post  and
                                                                                       in  lieu  of  the
                                                                                      abolished post
                                                                                     of UDC five new
                                                                                       posts of LDC
                                                                                        are approved
                                                                                      for  creation  as
                                                                                      and when post
                                                                                         of UDC are
                                                                                         abolished)
16.    Lighthouse  Keeper                   Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          8
17.    Draughtsman Gr-II                    Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          1
18.    Storekeeper cum Tool Room            Level-4 (PB 1 Rs. 5200-20200+2400 G.P.)          1
       Operator
19.    Lower Division Clerk                 Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          15
20.    Field Assistant                      Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          2
21.    Oilman                               Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          6
22.    Helmsman                             Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          6
23.    Carpenter                            Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          1
24.    Electrician                          Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          1
25.    Sailor                               Level-2 (PB 1 Rs. 5200-20200+1900 G.P.)          49
1025 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019

1 2

3

4

26. Ferro Printer Level-1 PB-1 Rs. 5200-20200 +1800 G.P. 1 27. Peon

1S Rs. 4440-7440+Rs. 1300 08 (to be

redesignated as MTS) 28. Field Khalasi 1S Rs. 4440-7440+1300 2 29. Drivers Level-2 (PB 1 Rs. 5200-20200+1900 G.P.) 7 Total

170

As per the recommendation and approval of the High Level Empowered Committee (H.L.E.C), the following posts shall stand abolished, upon superannuation/retirement of the incumbent or upon the post falling vacant (for whatever reasons).

Sr. Designation of the Post Name of the official holding Remarks No.

the posts

1 2

3

4

Non Ministerial (Non Lapsable) posts

1. Dy. Captain of Ports, Group 'A' Vacant

2. Asst. Hydrographic Surveyor, Group 'B' Vacant

Ministerial (Lapsable) posts

1. Supervisor, Group 'C' Vacant

Master, Group 'C' Vacant

Engine Driver, Group 'C' Vacant

Draughtsman Gr. III, Group 'C' Vacant

Oilman, Group 'C' Vacant

Helmsman, Group 'C' Shri Elvido Camilo Senior most official

Note: The existing strength of Drivers shall be continued, until further assessment of the vehicle fleet and requirement of the department, and any vacancies arising during the interim period shall not be filled up on regular basis.

This issues with the approval of the High Level Empowered Committee (H.L.E.C.) constituted with the approval of the Council of Ministers in the XXth meeting held on 08-11-2017, vide order No. 1/1/2017-Addl-Secy(PER) dated 22-11-2017 issued by Department of Personnel.

Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed vide letter No. 9/56/IDCO dated 02-07-2019 issued by the Department of Administrative Reforms, Secretariat.

By order and in the name of the Governor of Goa.

Capt. James Braganza, ex officio & Jt. Secretary.

Panaji, 13th November, 2019.

———ttt———

Department of Law & Judiciary Legal Affairs Division ——

Notification

Parliament and assented to by the President on 27-07-2019 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 27-07-2019, is hereby published for the general information of the public. 10/4/2019-LA-277

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 30th September, 2019.

The Protection of Human Rights (Amendment) Act, 2019 (Central Act No. 19 of 2019), which has been passed by1026 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019 THE PROTECTION OF HUMAN RIGHTS

(AMENDMENT) ACT, 2019

AN

ACT

further to amend the Protection of Human

Rights Act, 1993.

Be it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Protection of Human Rights (Amendment) Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

10 of 1994.

2. Amendment of section 2.— In the Protection of Human Rights Act, 1993 (hereinafter referred to as the principal Act), in section 2, in sub- -section (1),––

(i) after clause (b), the following clause

shall be inserted, namely:—

49 of 2016.

'(ba) "Chief Commissioner" means the Chief Commissioner for Persons with Disabilities referred to in sub-section (1) of section 74 of the Rights of Persons with Disabilities Act, 2016;';

(ii) after clause (g), the following clause

shall be inserted, namely:—

'(ga) "National Commission for Backward Classes" means the National Commission for Backward Classes constituted under section 3 of the National Commission for Backward Classes Act, 1993;';

27 of 1993.

(iii) after clause (h), the following clause

shall be inserted, namely:—

'(ha) "National Commission for Protection of Child Rights" means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions

4 of 2006.

for Protection of Child Rights Act, 2005;'.

3. Amendment of section 3.— In section 3

of the principal Act,—

(a) in sub-section (2),—

(i) in clause (a), for the words "Chief Justice", the words "Chief Justice of India or a Judge" shall be substituted;

(ii) in clause (d), for the words "two Members", the words "three Members, out of which at least one shall be a woman," shall be substituted;

(b) in sub-section (3),—

(i) for the words "the National Commission for Minorities", the words ", the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights" shall be substituted;

(ii) for the words "and the National Commission for Women", the words "the National Commission for Women and the Chief Commissioner for Persons with Disabilities" shall be substituted;

(c) in sub-section (4), for the portion beginning with "shall exercise such powers and discharge such functions" and ending with "as the case may be", the following shall be substituted, namely:—

"shall, subject to control of the Chairperson, exercise all administrative and financial powers (except judicial functions and the power to make regulations under section 40B).".

4. Amendment of section 6.— In section 6

of the principal Act,—

(i) in sub-section (1),—

(a) for the words "five years", the words "three years" shall be substituted;

(b) after the words "whichever is earlier" occurring at the end, the words "and shall be eligible for re- appointment" shall be inserted;

1027 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019

(ii) in sub-section (2),—

(a) for the words "five years", the words "three years" shall be substituted;

(b) the words "for another term of five

years" shall be omitted.

5. Amendment of section 21.— In section

21 of the principal Act,—

(i) in sub-section (2), in clause (a), for the words "Chief Justice", the words "Chief Justice or a Judge" shall be substituted;

(ii) in sub-section (3), for the words "shall exercise such powers and discharge such functions of the State Commission as it may delegate to him", the words "shall, subject to control of the Chairperson, exercise all administrative and financial powers of the State Commission" shall be substituted;

(iii) after sub-section (6), the following sub-sections shall be inserted, namely:—

"(7) Subject to the provisions of section 12, the Central Government may, by order, confer upon the State Commission the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi.

(8) The functions relating to human rights in case of Union territory of Delhi shall be dealt with by the Commission.".

6. Amendment of section 24.— In section

24 of the principal Act,—

(i) in sub-section (1),—

(a) for the words "five years", the words "three years" shall be substituted;

(b) after the words "whichever is earlier" occurring at the end, the words "and shall be eligible for re- appointment" shall be inserted;

(ii) in sub-section (2),—

(a) for the words "five years", the words "three years" shall be substituted;

(b) the words "for another term of five years" occurring at the end, shall be omitted.

Notification

10/4/2019-LA-278

The Muslim Women (Protection of Rights on Marriage) Act, 2019 (Central Act No. 20 of 2019), which has been passed by Parliament and assented to by the President on 31-07-2019 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 31-07-2019, is hereby published for the general information of the public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 30th September, 2019.

________

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019

AN

ACT

to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2019.

(2) It shall extend to the whole of India

except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into

force on the 19th day of September, 2018.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000; 21 of 2000.

1028 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 21ST NOVEMBER, 2019

2 of 1974.

(b) "Magistrate" means a Judicial Magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where the married Muslim woman resides; and

(c) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

CHAPTER II

Declaration of Talaq to be void and illegal

3. Talaq to be void and illegal.— Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

4. Punishment for pronouncing talaq.— Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

CHAPTER III

Protection of rights of married Muslim Women

5. Subsistence allowance.— Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.

6. Custody of minor children.—Notwith- standing anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronounce- ment of talaq by her husband, in such manner as may be determined by the Magistrate.

2 of 1974.

7. Offence to be cognizable, compoundable, etc.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—

(a) an offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;

(b) an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;

(c) no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.

Ord. 4 of 2019 8. Repeal and savings.— (1) The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 is hereby repealed.

Ord. 4 of 2019 (2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, shall be deemed to have been done or taken under the provisions of this Act.

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 9.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—278/160—11/2019.

1029
Cite this issue. Goa Gazette, Government of Goa, 21 November 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.1920-34.SI/1920-34-SI-OG-0/. Archive identifier in.goa.egaz.1920-34.SI/1920-34-SI-OG-0.