1021
Panaji, 21st November, 2019 (Kartika 30, 1941)
SERIES I No. 34
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 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.
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.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1022
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, Ministry of Personnel, Public
Grievances & Pensions, Department 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)
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1023
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.
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
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
Ministry of Finance, Department 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
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 have
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1024
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.
Strength
1
2
3
4
Non Ministerial (Non-Lapsable) posts
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’
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1025
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
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1026
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
10/4/2019-LA-277
The
Protection
of
Human
Rights
(Amendment) Act, 2019 (Central Act No. 19
of 2019), which has been passed by
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.
Julio Barbosa Noronha, Joint Secretary
(Law).
Porvorim, 30th September, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1027
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.
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:—
‘(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;’;
(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
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;
27 of 1993.
10 of 1994.
4 of 2006.
49 of 2016.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1028
(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.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 34
21ST NOVEMBER, 2019
1029
(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.
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.
8. Repeal and savings.— (1) The
Muslim Women (Protection of
Rights
on
Marriage)
Second
Ordinance, 2019 is hereby repealed.
(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.
2 of 1974.
2 of 1974.
Ord. 4 of
2019
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Ord. 4 of
2019