Goa Gazette, No. 1920-48, 27 February 2020

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

Panaji, 27th February, 2020 (Phalguna 8, 1941) SERIES I No. 48 PUBLISHED BY AUTHORITY

NOTE

There is an Extraordinary issue to the Official Gazette, Series I No. 47 dated 20-02-2020, namely, Extraordinary dated 20-02-2020 from pages 1557 to1562, Notification No. 5-6-2019-Fin(DMU) regarding Market Borrowing Programme from Department of Finance (Debt Management Division) and Notification No. 7/3/2020-LA from Department of Law and Judiciary (Legal Affairs Division) regarding the Goa Appropriation (Vote on Account) Act, 2020 (Goa Act 3 of 2020).

INDEX

Department Notification/Order/Add. Subject Pages

1. Education, Art & Culture Ord.- 17/2/76/AICTEPAY/2019/ Implementation of AICTE Regulations 1563 Dir. of Technical Education DTE/3537 Secretary

2. General Administration Not.- 23/1/87-GA&C(Vol.II)/4895 The Business of the Government of Goa 1585 Under Secretary

(Allocation) (Thirty-second) Rules, 2020.

3.a. Law & Judiciary Not.- 10/4/2019-LA-354 The Arbitration and Conciliation 1585

(Amendment) Act, 2019

Legal Affairs Division Joint Secretary

b. Law Estt. Division Addm.- 8/32/2015-LD(Estt)/ — 1592 Under Secretary /Part/368

4. Legal Metrology Not.- 25/5/20-CLM/166/383 Calibration of vehicle tanks registered with 1592

Transport Authorities.

Controller & ex officio Under Secretary

GOVERNMENT OF GOA

pay scales, service conditions and minimum

qualifications for appointment of teachers, and Department of Education, Art & Culture

other academic staff such as Library and Directorate of Technical Education

Physical Education Personnel, and measures __

for the maintenance of Standards in Technical

Order

Education-(Diploma) Regulations, 2019,

notified on 1st March, 2019 (Annexure) to the 17/2/76/AICTEPAY/2019/DTE/3537

teachers in Government and Aided Diploma

level Technical Institutions (Polytechnics) in

Goa, under the administrative control of the Government of Goa is pleased to approve the implementation of AICTE regulations on1563 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 Directorate of Technical Education, subject

to the following conditions:

1) The Pay scales shall be effective from

01-01-2016.

2) Other allowances such as LTC, CEA,

Transpor t Allowance, Travelling

Allowance, HRA, etc. shall be applicable

as notified by respective State Government,

from time to time.

3) Other service conditions related to

qualifications, recruitment, promotions,

training, etc. as detailed at 3.0 and 4.0 of

the AICTE notification, shall come into effect

from the date of notification of this Order

in the State Government Gazette.

4) Faculty members are permitted to

fulfill the requisite mandatory requirement

as per the gazette notification, to avail the

benefits of promotions retrospectively, from

the date of their eligibility, provided they

fulfill these requirements by 31-07-2022.

Those faculty members, who do not meet

the essential criteria by this date, will be

eligible for promotion from the date they

meet these criteria thereafter.

5) There shall be only 3 designations in

respect of teachers in Diploma level

Institutions/Polytechnics namely Lecturer,

Head of the Department and Principal, as

detailed in Table 1 of the AICTE Notification

(Annexure).

6) The method followed by 7th CPC

shall be adopted, moving from the

earlier concept of Pay Band and Academic

Grade Pay to that of Levels and Cells.

The present academic grade pay of

Rs. 5,400/-, Rs. 6,000/-, Rs. 7,000/-,

Rs. 8,000/- and Rs. 9,000/- respectively shall

be correspondingly numbered as level 9A,

10, 11, 12 and 13A1. Incumbents drawing Academic Grade Pay of Rs. 5,400/-,

Rs. 6,000/-, Rs. 7,000/-, Rs. 8,000/- and

Rs. 9,000/- shall be correspondingly placed

in levels 9A, 10, 11, 12 and 13A1

respectively.

7) For fixation of pay, the existing pay in

the pre-revised structure as on 31-12-2015

shall be multiplied by a factor of 2.57 and

rounded off to the nearest figure in the level

in the Pay Matrix (similar to the procedure

recommended by 7th CPC).

8) The revised Pay Scales, though

applicable from 01-01-2016, shall be

payable with the salary of December, 2019

onwards. The arrears of pay with effect

from 01-01-2016 to 30-11-2019, over and

above the implemented 7th CPC Pay

Scales, shall be deposited in the respective

GPF Accounts/NPS Accounts, with a lock-

in period of 03 years from the date of

deposit in the individual accounts

concerned.

9) Age of superannuation of all faculty

and Principals shall be 62 years.

10) Directorate of Technical Education

shall frame guidelines for Research

Promotion Grant, Industrial Training,

Grants for Professional development,

Sabbatical leave and Quality Improvement

Programme (QIP) Scheme.

This issues with the concurrence of the

Finance Depar tment vide their U.O.

No. 1400066978 dated 14-10-2019 and

approval of the Cabinet.

By order and in the name of Governor of

Goa.

Nila Mohanan, Secretary (Education).

Porvorim, 7th February 2020.

ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

NOTIFICATION

New Delhi, the 1st March, 2019

AICTE REGULATIONS ON PAY SCALES, SERVICE CONDITIONS AND MINIMUM

QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF

SUCH AS LIBRARY AND PHYSICAL EDUCATION PERSONNEL IN TECHNICAL

INSTITUTIONS AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN TECHNICAL

EDUCATION – (DIPLOMA) REGULATION, 2019.

F. No. 61-1/RIFD/7th CPC/2016-17.—In exercise of the powers conferred under sub-section (1) of Section 23 read with Section 10(g), (h) and (i) of the All India Council for Technical Education Act, 1987 (52 of 1987) and after approval of the Government of India vide No. 1 - 37/2016 – TS. II, Dated 23rd January, 2019 and letter of even no. dated 12th February 2019, the All India Council for Technical Education makes the following regulation; namely:—

1.0 Short Title, Application and Commencement

1.1 Short Title

These Regulations shall be called the All India Council for Technical Education Pay Scales, Service Conditions and Minimum Qualifications for the Appointment of Teachers and other Academic Staff such as Library and Physical Education Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Education – (Diploma) Regulation, 2019.

1.2 Categories of Institutions to whom the regulations apply

These regulations shall apply to all diploma level technical institutions imparting technical education and such other courses / programs approved by AICTE and areas as notified by the council from time to time.

1.3 Date of Effect

(cid:11)(cid:10) Pay Scales and DA: The revised pay-scales shall be effective from 01-01-2016(cid:1)

(cid:12)(cid:10) Other Allowances: Allowances such as Leave Travel Concession, Special Compensatory Allowances, Children's Education Allowance, Transport Allowance, House Rent Allowance, Deputation Allowance, House Building Allowance, Travelling Allowance etc. shall be applicable from the date as notified by the Central Government / respective State and UT Government from time to time.(cid:1)

1.4 Effective date of application of Service Conditions

a) All other service conditions including Qualifications, Experience, Recruitment, Promotions etc. shall come into force with effect from the date of this Gazette Notification.

b) The Qualifications, Experience, Recruitment and Promotions etc. during 01-01-2016 till the issue of this Gazette Notification shall be governed by All India Council for Technical Education Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Diploma) Regulation, 2010 dated 5th March 2010 and subsequent notifications issued from time to time.

c) Those who are eligible for promotions after the date of publication of this gazette, shall have to meet the necessary conditions such as additional qualification, undergoing industrial training, pedagogical training, faculty induction program, publishing research papers etc. However, these requirements shall be permitted to be fulfilled till 31st July, 2022 so as to enable faculty members in equipping them for requisite mandatory requirements of this gazette to avail the benefit of promotion retrospectively from the date of eligibility.

d) It may be noted that no further extension would be given beyond 31st July, 2022 and those who do not meet the essential criteria despite the above grace period, shall lose an opportunity for getting promotion retrospectively. However, they will be eligible for promotion from the date they meet these criteria thereafter.

e) In cases, wherein interviews are already conducted either for direct recruitment or for promotions but candidates did not join, such candidates may be allowed to join. Their further up-gradation will be governed by this notification.

f) In cases, where advertisement was published, applications invited but interviews have not been conducted till publication of this notification, the institutes / employers are required to publish corrigendum and processing of applications must be done in accordance with the provisions given in this notification.

2.0 General

2.1 Revised Designations and Mode of Appointments

There shall be only three designations in respect of teachers in the diploma level institutes/polytechnics namely Lecturer, Head of the Department and Principal as given below in Table 1. Also there shall be no change in the present designations in respect of Library and Physical Education personnel at various levels.

Following mode of appointment shall henceforth be used

Table 1: Cadre Structure and Mode of Appointment

2.2 New Pay Structure

The new pay structure shall involve a pay matrix with an ascending series of levels and ascending cells in each level. The new pay matrix shall subsume the pay band and grade pay in one simple chart as given in Annexure - I. The pay matrix shall comprise of two dimensions – a horizontal range of levels starting from the lowest level in the hierarchy and ascending to the highest level, with the levels being numbered from 9A to 13A1 covering the entire gamut of Teachers and other Academic Staff. Within each level, the salary increases as one goes down vertically, with each progression of going down represented by a "Cell". Each Cell within that level represents the steps of annual financial progression of 3%. On recruitment / promotion, an employee shall join at a particular level and progress within the level as per the vertical range. The movement shall be based on annual increments till the time of his /her next promotion. When the employee will receive a promotion, he/she will progress to the next level in the horizontal range till it exhausts.

2.3 Levels and Cells

The method followed by the 7th CPC shall be adopted in the academic pay structure also, moving from the concept of Pay Band and Academic Grade Pay to that of Levels and Cells. The changes will appear only due to the existing difference between the two streams in terms of Academic Grade Pay vis-à-vis the corresponding Grade Pay. The levels for academic pay shall be numbered as per the corresponding non-academic level. Thus, the levels are numbered as 9A, 10, 11, 12 and 13A1 corresponding to the present AGP of Rs. 5400, 6000, 7000, 8000 and 9000 respectively.

2.4 Pay Matrix and Fixation of Revised Pay

For Fixation of pay of an Employee in the Pay Matrix as on 1st January 2016, the existing pay (Pay in Pay Band plus Academic Grade Pay) in the pre-revised structure as on 31st December, 2015 shall be multiplied by a factor of 2.57, rounded off to the nearest Rupee and the figure so arrived at will be located in that level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix. If the figure arrived at in this manner is less than the first Cell in that Level, then the pay shall be fixed at the first Cell of that Level of Pay Matrix (See Annexure-I).

2.5 Date of Increment

(i) Annual increment is given in the Pay Matrix at 3%, with each cell being higher by 3% over the previous cell in the same level, rounded off to nearest 100. Annual increments to each employee would move up in the same academic level, with an employee moving from the existing cell in the academic level to the immediate next cell in the same academic level.

(ii) There shall be two dates of increment i.e. 1st January and 1st July of every year, provided that an employee shall be entitled to only one annual increment on either one of these two dates depending on the date of appointment, promotion or grant of financial upgradation.

(iii) The increment in respect of an employee appointed or promoted during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

2.6 Annual Process of Promotion

Every College / DTE shall ensure that the selection process for direct recruitment for various positions is carried out annually so as to maintain required faculty numbers and cadre ratio as per AICTE norms so that no loss is caused to students. Process for the Screening / promotions of the faculty members shall be carried out at a regular span annually to avoid any stagnation in career growth of faculty members.

Candidates who do not fulfill the minimum requirement proposed in the Regulation, will have to be re-assessed after a period of one year. The date of promotion shall be the date on which he / she satisfies all the minimum requirements and successfully reassessed.

The constitution of the Screening Committee/Promotion committee/Selection Committee as applicable at different stages are enumerated in Annexure-II. Various stages of screening/promotion / direct recruitment are given in the Table 2.

Table 2: Stages of Screening/Promotion/Direct Recruitment and Mode of Selection

A teacher who wishes to be considered for promotion may submit in writing in the prescribed proforma as evolved by the concerned College / DTE duly supported by all credentials to the HoD / Principal of the College, within three months in advance of the due date, that he / she fulfils all requisite qualifications.

2.7 Research Promotion Grant

The thrust has to be given for improving quality by augmenting the research and development in the institutions. Therefore, all technical institutions should provide financial assistance for strengthening research activities.

2.8 Financial Support for implementation of 7th CPC Scale.

The entire liability on account of revision of pay scales etc. of Polytechnic teachers shall be that of the State Government.

2.9 Age of Superannuation

The age of superannuation of all faculty members and Principals of institutions shall be 65 years. An extension of 5 years (till the attainment of 70 years of age) may be given to those faculty members who are physically fit, have written technical books and has average 360o feedback of more than 8 out of 10 indicating them being active during last 3 preceding years of service.

2.10 Health Insurance Scheme

Wherever full health coverage for self and family is not provided for by the government, individual institutions shall implement Contributory Group Health Insurance Schemes for faculty members and other academic staff to extend social security to them and to help attract and retain them for longer association with respective institutions. The Group Health Insurance option may also be extended to the retired faculty members.

2.11 Pension, Gratuity, Family Pension, GPF, Leave Encashment and Other Pensionary Benefits

All pensionary benefits including leave encashment shall be extended to faculty members and other academic staff as per the revised norms recommended by the 7th CPC and implemented by the State Governments.

2.12 Industrial Training

Since a requirement of industrial training has been stipulated for vertical movement of faculty members, the AICTE, State Governments / DTEs, in consultation with the Confederation of Indian Industries (CII), FICCI, NASSCOM and other such industry bodies, devise a suitable mechanism for facilitating all faculty members to undergo industrial training.

2.13 Teaching Engagement

The faculty members working in technical institutions under the purview of AICTE shall have a teaching engagement of not less than 40 hours per week including teaching contact hours and other activities. The work of tutorial / project/ research/ administration may be distributed among the faculty members as per the need and availability of staff.

The laboratory engagement will also be counted towards teaching hours. The minimum teaching contact hours for various positions shall be as given in Table 3.

Table 3: Teaching Engagement of Faculty Members in Diploma Level Institutions

2.14 Incentives for New Entrants

New entrants as well as existing faculty members shall be provided with a desktop computer/ laptop/ office furniture and a printer with internet connectivity in their office to make faculty members computer savvy and to enable them to have access to the latest technology.

2.15 Grants for Professional Development

All faculty members may be given a grant up to Rs. 25,000/- per year on reimbursement basis, which may be permitted to be accumulated up to 3 years towards acquiring the membership of Professional Societies and for participating in National /International conferences/workshops etc.

2.16 Consultancy

(i) Consultancy work may be undertaken by members of the faculty to generate resources either for the institutions or for themselves.

(ii) Not only the faculty members should be encouraged to undertake consultancy work, but also an appropriate conducive environment be created by the state governments / managements of institutions to facilitate faculty members to undertake such work.

(iii) Suitable parameters for sharing the generated resources between the institution and individual faculty member may be evolved and adopted by the institutions where consultancy work is undertaken by faculty members.

(cid:8)(cid:9)(cid:13)(cid:10) The faculty members engaged in consultancy/ industry interaction / research / start-up activities / community services may be allowed some adjustment in teaching time table without compromising their teaching contact hours. (cid:1)

2.17 Sabbatical Leave for Faculty

To encourage interface between technical education and industry, the faculty members in Technical Institutions shall be given sabbatical leave of six months for working in industry / professional development, subject to the condition that the faculty has a teaching experience of minimum five years. Such leave, however, shall be available to a teacher only twice in his /her teaching career.

2.18 Start-up

Presently, the institutions are ranked based on academic performance and placement of students. In future it may be also based on number of start-ups and entrepreneurs created by the institute. Therefore, technology incubation centres shall be established and frequent interactions between entrepreneurs / industrialists / alumni and students shall be arranged to motivate students to initiate start-up.

2.19 Incentives for Ph. D. / M. Phil. and other Higher Qualification

(i) Five non-compounded advance increments shall be admissible at the entry level of a recruitee as a lecturer possessing a degree of Ph.D. awarded in the relevant discipline by a recognized by the University following the due process of admission test, course work and external evaluation as prescribed by the UGC or the admission process adopted by the institutes established under the Act of Parliament or students having valid GATE / GPAT score for admission to Ph.D. under National Doctoral Fellowship program of AICTE / Prime Minister's Research Fellowship program.

(cid:8)(cid:9)(cid:9)(cid:10) Those possessing Master's degree in Engineering/ Technology/ Architecture/ Planning/ Pharmacy/ Design/Town Planning etc. recognized by the relevant statutory body / council, shall be entitled to two non-compounded advance increments at the entry level.(cid:1)

(iii) Teachers who complete their Ph.D. degree while in service as Lecturer shall be entitled to three non-compounded increments fixed at increment applicable at entry level as Lecturer only if such Ph.D. is in a relevant discipline of the discipline of employment and has been awarded by a recognized University following the due process of admission test, course work and external evaluation as prescribed by the UGC or the admission process adopted by the institutes established under the Act of Parliament or students having valid GATE / GPAT score for admission to Ph.D. or students selected for Ph.D. program under Quality Improvement Program (QIP) / Teacher Research Fellowship (TRF).

2.20 Statutory Reservation

The statutory reservation policy for recruitment and promotion of SC / ST / OBC / EBC / PWD / Women candidates must be adhered to as per the respective state government rules.

2.21 Quality Improvement Programme (QIP) Scheme for Teachers in Technical Institutions

With a view to improve the quality of technical education, all DTEs and Secretaries of Higher Education of all the states are directed to implement QIP scheme for all the eligible teachers working in Government and Government aided institutions. Managements of self-financing institutions are also directed to encourage their faculty members to participate in QIP scheme.

2.22 Counting of Past Services for Direct Recruitment and Promotion

Previous regular service, whether national or international, as Lecturer, Assistant Professor/Associate Professor/HOD/Workshop Superintendent etc. in a University, College, equivalent post in National Laboratories or other scientific / professional organizations such as the CSIR, ICAR, DRDO, UGC, AICTE, ICSSR, ICHR, ICMR. DBT or state PSUs etc., shall be counted for direct recruitment and promotion of a teacher as Lecturer, Head of the Department, Principal or any other nomenclature provided that:

a) The qualifications for the post held should not be lower than the qualifications prescribed by the AICTE for Lecturer, Head of the department and Principal as the case may be.

b) The post is/was in an equivalent grade or of the pre-revised scale of pay as the post of Lecturer, Head of the department and Principal.

c) The candidate for direct recruitment has applied through proper channel only.

d) The concerned person should possess the same minimum qualifications as prescribed by the AICTE for appointment to the post of Lecturer, Head of the department and Principal, as the case may be.

e) The post was filled in accordance with the prescribed selection procedure as laid down in the Regulations of the State Government / Central Government / concerned institution, for such appointments.

f) The previous appointment was not as guest lecturer for any duration or ad-hoc or in a leave vacancy of less than one year duration. Ad-hoc or temporary service can be counted provided that:

1. The period of service was of more than one year duration;

2. The incumbent was appointed on the recommendation of duly constituted Selection Committee.

3. The incumbent was selected to the permanent post in continuation to the ad-hoc or temporary service.

4. An artificial break in service shall not be used to the prejudice of employee, appointed on permanent basis. The person appointed on permanent basis shall be given the benefit of entire service rendered by him with effect from the date of initial appointment (temporary/contract/ad-hoc) notwithstanding the artificial break / breaks in service.

5. The incumbent was drawing total gross emoluments not less than the monthly gross salary at initial stage of a regularly appointed Lecturer, Head of the department and Principal, as the case may be; and

6. At the time of selection, the negotiated terms and conditions clearly mention the period of experience, nature of experience and same has been consented by the employer.

(cid:14)(cid:10) No distinction should be made with reference to the nature of management of the institution where -previous service was rendered (private/local body/Government) for counting past services under this clause.(cid:1)

2.23. Equivalence of Experience of Diploma Level Institutions and Degree Level Institutions

Experience at degree level institutions shall be considered equivalent to experience in the diploma level institutions at appropriate level, as applicable provided, scale of pay, qualifications, experience and research contributions are same for the post under consideration as per the present notification.(cid:1)1570 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020

2.24 Cadre Structure

The "Cadre Structure" in diploma level institutions imparting technical education is as given in Table 2. The following guidelines are to be taken care of while promoting faculty members in different cadres.

(cid:1) Incumbent faculty members shall be upgraded to higher position, after being eligible, through a process of selection to be held annually irrespective of availability of vacancies in that cadre.

(cid:1) The incumbent so upgraded to a higher cadre shall be re-designated as Lecturer (Senior Scale) / Lecturer (Selection Grade - I) / Lecturer (Selection Grade - II) as the case may be.

(cid:1) With this cadre structure, all faculty members may become Lecturer (Selection Grade - II).

(cid:1) The entry post of Lecturer can be treated as vacant once the incumbent moves on higher cadre / post through promotion or through direct recruitment by keeping total sanctioned posts fixed. (cid:1)

2.25 Fixation of Pay

The fixation of pay and designations of incumbents in the revised pay scales shall be as given in Annexure - I.

Incumbent faculty members / principals who are in AGP of 10,000/- as per 6th CPC, shall be fixed in the appropriate cell corresponding to Level 14 of pay matrix table recommended by 7th CPC.

2.26 Position of Principals

1. Principal of AICTE approved institution has to be a full time faculty selected in accordance with the due process of selection to be adopted by the concerned State Government / DTE / Public Service Commission / respective Board of Governors / Board of Management etc., by taking into consideration the qualifications and other requirements as laid down by AICTE from time to time.

2. This position shall be of contractual in nature for a term of 5 years and can be extended for one more term depending upon the performance; and after completing the term the incumbent shall join back his/her parent organization in the previous designation from where he / she proceeded.

3. In an institution where several programmes under technical education approved by AICTE are running, the Principal shall be from one of the programmes preferably from a programme with maximum student strength.(cid:1)

3.0 Mandatory Teacher Trainings

1. Every teacher appointed / promoted to any position here onwards with effect from the publication of this gazette shall have to mandatorily undergo 8 online modules of MOOCs in SWAYAM as per the AICTE teacher training policy preferably within first year of service.(cid:1)

2. No newly appointed faculty member shall be completing the probation without getting the certification of completion of these 8 modules. The teacher training policy document may be downloaded from AICTE website. (cid:1)

3. The requirement of completing these modules as envisioned in this gazette is applicable to all the incumbent teachers also while applying for promotion / selection to next higher cadre only once in the career. (cid:1)

4. The requirement of completing these modules, however, shall be permitted to be fulfilled till 31st July, 2022 so as to enable faculty members in equipping them for requisite mandatory requirements of this gazette to avail the benefit of promotion retrospectively from the date of eligibility.(cid:1)

4.0 Minimum Qualifications for Direct Recruitment as Lecturer in Diploma Level Institutions

Direct recruitment on the post of lecturer shall be made at two different levels of pay in diploma level institutions based on the qualifications of the candidate at the time of application. Minimum qualification, experience, research contributions, feedback and requisite training requirements for1571 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 different levels for direct recruitment, screening and promotions for the faculty members are as follows. (cid:1)

4.1 For Direct Recruitment of Lecturer (Level – 9A, Entry Pay 56,100/-)

Those possessing a minimum of 4-year Bachelor's degree shall be placed in Level 9A at entry pay of Rs.56,100/- (cid:1)

(a) Engineering / Technology

B. E. / B. Tech. / B. S. in relevant discipline with First Class or equivalent.

(b) Pharmacy

B. Pharm. with First Class or equivalent.

(c) Hotel Management and Catering Technology

A minimum 4-year Bachelor's Degree in HMCT with First Class or equivalent.

(d) Architecture

B.Arch. or a 4-year Degree in an allied field with First Class or equivalent.

(e) Fine Arts

Bachelor's degree in appropriate discipline of Fine Arts (Applied Arts, Painting and Sculpture) or equivalent with First Class or equivalent.

(f) Design

Bachelor's degree in design or a minimum 4-year Diploma in any one of the streams of Design, Fine Arts, Applied Arts and Architecture or Bachelor's degree in Engineering with First Class or equivalent

(g) Sciences and Humanities

Master's degree in appropriate subject with First Class or equivalent at Bachelor's or Master's level.(cid:1)

4.2 For Direct Recruitment of Lecturer (Level – 10, Entry Pay 57,700/-)

(a) For Technical Disciplines

Bachelor's and Master's Degrees in relevant disciplines with First Class in either of the two at the time of selection.

(b) For Sciences and Humanities

A Master's degree with First Class or equivalent in a relevant subject and, must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET / SET.

(c) For Promotion of incumbent Lecturer in Level 9A to Level 10

(i) Candidates from technical disciplines shall be placed in Level 10 at suitable cell as and when the candidates acquire the Master's degree in relevant technical discipline.

(ii) Candidates of Sciences and Humanities shall be placed in Level 10 at suitable cell as and when the candidates clear the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET / SET.

(iii) In case candidates do not acquire relevant Master's degree in the case of technical disciplines and in case of candidates from Sciences and Humanities do not clear National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET / SET, they shall be placed in appropriate cell of level 10 only after completion of 5 years.

(cid:7)(cid:2)(cid:5) Minimum Qualifications for Lecturer (Senior scale) (Level – 11, Entry Pay 68900/-)(cid:4)

1) Qualifications as prescribed for the post of Lecturer.

AND

2) Three weeks of industrial training at the level of Lecturer.

AND

3) Two weeks of Faculty Development Programme (FDP) recognised by AICTE/UGC/TEQIP/NITTTR/ Pandit Madan Mohan Malviya National Mission on Teachers and Teaching (PMMMNMTT)/IISc/IIT /University/Govt. and out of which at least one of the FDPs shall be in advanced Pedagogy

OR

3) One week faculty development programme as above and one eight weeks duration MOOCS course with E-Certification by NPTEL-AICTE.

OR

3) Completed two such eight weeks duration MOOCS courses with E-Certification by NPTEL- AICTE.

AND

4) Minimum 5 years of experience and an average 360o feedback score between 8 to 10 on the scale of 10 in the cadre of Lecturer.

OR

(cid:6)(cid:10) Minimum 6 years of experience and an average 360o feedback score between 5 to < 8 on the scale of 10 in the cadre of Lecturer.(cid:1)

4.4 Minimum Qualifications for Lecturer (Selection Grade - I) (Level – 12, Entry Pay 79800/-)

1) Qualification as prescribed for the post of Lecturer (Senior Scale) necessarily with a Master's Degree in relevant discipline in First Class or equivalent either at Bachelor's or at Master's level.

AND

2) Three weeks of industrial training at the level of Lecturer (Senior Scale)

AND

3) Two weeks of Faculty Development Programme (FDP) recognised by AICTE/UGC/TEQIP/NITTTR/ Pandit Madan Mohan Malviya National Mission on Teachers and Teaching (PMMMNMTT)/IISc/IIT /University/Govt.

OR

One week faculty development programme as above and one eight weeks duration MOOCS course with E-Certification by NPTEL-AICTE.

OR

Completed two such eight weeks duration MOOCS courses with E-Certification by NPTEL-AICTE.

AND

4) Minimum 5 years of experience with an average 360o feedback score between 8 to 10 on the scale of 10 in the cadre of Lecturer (Senior Scale).

OR (cid:6)(cid:10) Minimum 6 years of experience with an average 360o feedback score between 5 to < 8 on the scale of 10 in the cadre of Lecturer (Senior Scale).(cid:1)

4.5 Minimum Qualifications for Lecturer (Selection Grade - II) (Level – 13A1, Entry Pay 131400/-)

1) Qualifications as prescribed for the post of Lecturer (Selection Grade - I).

AND

2) Three weeks of industrial training at the level of Lecturer (Selection Grade - I)

AND

3) Two weeks of Faculty Development Programme (FDP) recognised by AICTE/UGC/ TEQIP/NITTTR/Pandit Madan Mohan Malviya National Mission on Teachers and Teaching (PMMMNMTT)/IISc/IIT /University/Govt.

OR

One week faculty development programme as above and one eight weeks duration MOOCS course with E-Certification by NPTEL-AICTE.

OR

Completed two such eight weeks duration MOOCS courses with E-Certification by NPTEL-AICTE.

AND

4) Ph. D. in relevant discipline with minimum 3 years of experience, 2 research publications in SCI journals / UGC / AICTE/ CoA/ PCI approved list of journals and an average 360o feedback score between 8 to 10 on a scale of 10, all in the cadre of Lecturer (Selection Grade - I) Level - 12.

OR

Ph. D. in relevant discipline with minimum 4 years of experience, 2 research publications in SCI Journals / UGC / AICTE. CoA/ PCI approved list of journals and an average 360o feedback score between 5 to < 8 on a scale of 10, all in the cadre of Lecturer (Selection Grade-I) Level - 12.

OR

Minimum 6 years of experience with an average 360o feedback score between 8 to 10 on a scale of 10, all in the cadre of Lecturer (Selection Grade-I) Level - 12.

OR

Minimum 8 years of experience with an average 360o feedback score between 5 to < 8 on a scale of 10, all in the cadre of Lecturer (Selection Grade-I) Level - 12.

Note: 360o Feedback

1. The feedback obtained every year, till the date of eligibility of next stage, shall be taken as an average of all the preceding years added together required for promotions.

(cid:4)(cid:3) In case the candidate fails to achieve the minimum specified feedback score, the subsequent year's may be taken into consideration while dropping the lowest feedback score in any one of the year.(cid:1) 4.6 Minimum Qualifications for Head of the Department (Level – 13A1, Entry Pay 131400/-) For Direct Recruitment

Ph. D. in relevant field and First Class at Bachelor's or Master's level in the relevant discipline; minimum of 12 years of experience in Teaching/ Research/ Industry, out of which at least 2 years shall be post Ph.D. experience minimum at the level of Lecturer (Selection Grade-I).

OR

Bachelor's and Master's Degree in relevant discipline with minimum of 15 years of experience in Teaching / Research / Industry, out of which at least 3 years shall be at the level of Lecturer (Selection Grade - II).(cid:4)1574 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020

4.7 Qualifications for Principal

(Level – 13A1, Entry Pay 131400/- with the special allowance of Rs. 4500/- per month)

(cid:10)(cid:11)(cid:12) Direct Recruitment(cid:1)

Ph.D. and First Class at either Bachelor's or Master's level in the relevant discipline with minimum of 16 years of experience in Teaching / Research/ Industry, out of which at least 3 years shall be post Ph.D. experience and 5 years of experience not below the level of HoD.

OR

First Class at Bachelor's or Master's level in the relevant discipline and minimum of 20 years of experience in Teaching / Research/ Industry, out of which 5 years of experience not below the level of HoD.

(b) For promotion of the Incumbent

Ph.D. and First class at Bachelor's or Master's level in the relevant discipline with minimum of 16 years of experience in Teaching / Research/ Industry out of which 5 years shall be at the level of HoD and 3 years shall be post Ph.D. Experience; An average 360o feedback score of 5 to < 8 out of 10 for last 5 years.

OR

First class at Bachelor's or Master's level in the relevant discipline; minimum of 20 years of experience in Teaching / Research/ Industry, out of which 7 years shall be not below the level of HoD. An average 360o feedback score of 8 to 10 out of 10 for last 5 years.

Note:

1. Existing designations pay and scale of incumbent faculty, Head of the Department and Principals shall be protected and may be placed in appropriate cell in the level corresponding to their AGP drawn on 31-12-2015.

(cid:4)(cid:3) Lecturer (Selection Grade-II) can be given-charge of HoD on rotation basis as per seniority for three years subject to availability of vacant posts of HoD.(cid:1)

5.0 Minimum Qualifications for Direct Recruitment and Promotion of other Academic Staff

5.1 Minimum Qualifications for direct recruitment of Assistant Librarian (Level – 9A,Entry Pay

56100/-)

1. Master's Degree in Library Science/Information Science/ Documentation Science or an Equivalent Professional Degree with at least First Class or equivalent and a consistently good academic record with knowledge of computerization of library.

2. Qualifying in the National Level Test conducted for the purpose by UGC or other equivalent test as approved by the UGC.

5.2 Minimum Qualifications for direct recruitment of Assistant Director (Physical Education -

Level – 9A, Entry Pay 56100/-)

1. Master's Degree in Physical Education or Master's Degree in Physical Education Science or equivalent degree with at least First Class or its equivalent with good academic record from a recognized University / Institute.

2. Record of having represented the University / College at the inter-University / Inter-collegiate competitions or the state and / or national championships;

3. Record of strong involvement and proven track record of participation in sports, drama, music, films, painting, photography, journalism event management or other student / event management activities during college / University studies.

4. Record of organizing such events as student's convener or in later part of life.

5.3 For Direct Recruitment of Assistant Director (Physical Education) and Assistant Librarian

(Level – 10, Entry Pay 57,700/-)

A Master's degree with First Class or equivalent and have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET / SET.

5.4 For Promotion of incumbent Assistant Director (Physical Education) and Assistant Librarian in

Level 9A to Level 10

(i) Assistant Director (Physical Education) shall be placed in Level 10 at suitable cell as and when the candidates clear the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET / SET.

(ii) In case candidates do not clear National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET / SET, they shall be placed in appropriate cell of level 10 only after completion of 5 years.

5.5 Methodology of further Promotions for Assistant Director (Physical Education) and Assistant

Librarian

The qualifications for promotions for Assistant Director (Physical Education) and Assistant Librarian shall be as per the UGC Notification No. F.1-2/2017(EC/PS) Dated 18th July, 2018.

6.0 Additional Requirements

6.1 Research Publications

In order to ensure quality of publications for promotions, a minimum standard would be ensured through the following.

a) For the purpose of promotions, candidates must have published research papers in SCI journals OR UGC approved Journals OR AICTE approved list of journals OR jointly approved by AICTE with respective councils / institute such as Council of Architecture / Pharmacy Council of India / Institute of Town Planners, India.

b) In case of HMCT, 1 live case study or 1 live industry project as research / consultancy having credential of very high standing would be recognized as equivalent to 1 publication.

(cid:15)(cid:10) In case of Design, Architecture and Town Planning, 1 live case study, 1 live industry project as research / consultancy or 1 exceptional design having credential of very high standing / obtained high level recognition would be recognized as equivalent to 1 publication.(cid:1)

6.2 Equivalence for Ph.D. / Eligibility of direct Ph.D. after B.E. / B.Tech

6.2.1 Equivalence for Ph.D

Equivalence for PhD is based on publication of 5 International Journal papers, each Journal having a cumulative impact index of not less than 2.0, with incumbent as the main author and all 5 publications being in the authors' area of specialization. Alternatively, the person should have obtained at least two patents or contributed to the increased productivity in the place of work recognized at state or national level or elected as a Fellow of any of the national academies. However, the procedure of providing equivalence shall be devised by concerned affiliating university.

6.2.2 Eligibility of direct Ph.D. after B.E./ B.Tech

The qualification of Ph.D acquired for the various level of posts directly after B.E/ B.Tech. is applicable in Technical Institutions, provided degree of Ph. D awarded is in relevant discipline by a recognised University following the process of registration, course work and evaluation etc. as prescribed by UGC or has been awarded by the Institutes of national importance (i.e. IITs/IISc/ NITs etc.), duly recognized by the MHRD. Further, candidate should have obtained at least first class at Bachelor's level in Engineering /Technology.

6.3 Class / Division

If a class / division is not awarded, minimum of 60% marks in aggregate shall be considered equivalent to first class / division. If a Grade Point System is adopted the CGPA will be converted into equivalent marks as below.

6.4 Nomenclature of relevant degrees

The qualifications for various faculty posts specify that the degree shall be in the appropriate / relevant branch of specialization. Many IITs, NITs, Central Universities start interdisciplinary programs of new nomenclatures. In view of the increasing importance of interdisciplinary nature of engineering, the inter-disciplinary courses for both UG and PG specializations may be considered. The selection committee may take a final decision in this regard depending on the requirement of the program of study and institution. AICTE has already clarified this issue vide Government of India Gazette F. No. 27/RIFD/Pay/01/2017-18 dated 28.04.2017. If any specialization is not available in the AICTE basket, the Board / Director of Technical Education / Public Service Commission / University shall decide the equivalence based on the curriculum of the program. Hence, incumbent faculty recruited in the past based on their qualifications / specializations acquired will continue to be eligible for promotion as well as direct recruitment in the same or other institutions, subject to fulfilment of other eligibility criteria and higher qualifications as prescribed, if any, for various teaching posts.

6.5 Incumbent faculty Members with previous qualifications

Existing incumbents recruited as a Faculty with the basic minimum qualifications such as M.Sc. (Mathematics), M.Sc. (Biotechnology), M.Sc. (Electronics), M.Sc. (Computer Science & allied subjects), M.Sc. (Physics), M.Sc. (Chemistry), MCA, PGDM, AMIE / M. Com and any other similar qualifications which were considered eligible at the time of recruitment or taken admission in such courses before publication of the AICTE Gazette dated 5th March 2010 are to be considered as eligible for promotion as well as direct recruitment in the same or other institutions, subject to fulfilment of other eligibility criteria and higher qualifications as prescribed, if any, for various teaching posts.

6.6 Faculty Members on deputation

Any Faculty Member on deputation to some Government Organization /Autonomous Bodies such as DTE /AICTE / UGC /MHRD /DST / Universities etc .on academic / administrative positions shall be deemed to have experience of academics and academic administration and be exempted from the requirement of FDP, Industrial Training and 360o feedback. If the faculty has secured at least Very Good rating, it shall be considered equivalent to 8 points on a 10 point scale of 360o feedback in reference to this notification for the period of deputation.

Disclaimer: Notification Language

The notification is published in English and Hindi languages. Utmost care is taken to translate notification from English to Hindi. However, in case of any kind of discrepancy in interpretation, English version shall prevail.

Annexure-I

Pay Matrix Table for Diploma Level Technical Institutions

Note: The end-points of any column do not signify the end points of the pay received at that level. As was the case in the earlier provision of traditional pay scales, the last point does not represent the maximum pay of that level for calculation purposes. The end-points of the column should not be treated as the maximum and minimum of a pay scale to calculate the average pay for any level.

Annexure–II

Constitution of Committee for Direct Recruitment, Screening and Promotion

The AICTE has evolved following guidelines on:

(a) Constitution of Screening Committees for promotion to Lecturer (Level 10), Lecturer (Senior Scale), Lecturer (Selection Grade-I).

(b) Constitution of Promotion Committees for Lecturer (Selection Grade - II) and Principal.

(c) Constitution of Selection Committees for direct recruitment of Lecturer (Level 9A), Head of Department (Level 13A1) and Principal.

Selection Proceedings:

All the screening / selection procedures shall be completed immediately after the screening / selection committee meeting itself, wherein, minutes are recorded along with the scoring Proforma and recommendation made on the basis of merit with the list of selected / promoted candidates in order of merit, duly signed by all members of the committee.

I. Constitution of Committee for Direct Recruitment and Promotion:

The Selection Committee for the post of Lecturer and Head of Department, including Private Colleges shall have the following composition:

i) Director, Technical Education to be the Chairperson of the Selection Committee.

ii) The Principal of the College.

iii) Three nominees of the Secretary, Technical Education of concerned state out of which two should be a subject-expert.

iv) An academician representing SC / ST / OBC / Minority / Women / Differently-abled categories, if any of candidates representing these categories is the applicant, to be nominated by Director, Technical Education.

II. Constitution of Screening Committee:

The Screening Committee for the promotion of Lecturers at all levels shall have the following composition:

i) The Principal of the College to be the Chairperson of the Screening Committee.

ii) One Nominee of Director, Technical Education

iii) Two subject-experts nominated by Secretary, Technical Education.

iv) Head of the concerned department

III. Constitution of Committee for Selection of Principal:

The Selection Committee for the post of Principal of polytechnics shall have the following composition:

i) Secretary, Technical Education as Chairperson.

ii) Two members of the Governing Body of the college to be nominated by the chairman of whom one shall be an expert in academic administration.

iii) One nominee of Minister of Technical Education.

iv) Two academicians not below the level of Professor in Technical Education.

Note:

1. State where public service commission does the recruitment, shall follow the AICTE guidelines for deciding the composition of recruitment committee.

2. The report of screening committee shall be approved by the concerned Director of Technical Education.

(cid:5)(cid:3) Criterions for screening the proposals for promotion shall be devised by the respective Director, Technical Education. However, conditions for screening / promotion such as 360o feedback, industrial training, FDPs etc. laid down by AICTE through this gazette be adopted.(cid:1)

Annexure - III

CALCULATLION OF 3600 FEEDBACK SCORE

The 360 Degree Score shall be determined on the basis of following parameters.

a. Teaching Process (Maximum Point 25)

b. Students' Feedback (Maximum Point 25)

c. Departmental Activities (Maximum Point 20)

d. Institute Activity (Maximum Point 10)

e. ACR (10 Points)

f. Contribution to Society (Maximum Point 10)

The candidate shall submit calculation sheet for each academic year to be considered and a summary sheet exhibiting his score on a 10 point scale

a. Teaching Process (Maximum Points 25)

The calculation shall be presented in a table as presented in this Annexure. The table will have the details of courses taught in the academic year in consideration, like Semester, course Code / Name, No. of scheduled classes, classes actually held. The total shall be reduced on 25 point scale.

b. Students' Feedback (Maximum Points 25)

The candidate shall submit average score for each course taught during academic year under consideration on a scale of 25. The average of total of all such score shall be used.

c. Departmental Activities (Maximum Points 20)

This section summarizes all the responsibilities assigned by Head of the Department to a teacher during academic year under consideration through a proper office order. This may include responsibilities like Lab I/C, Time Table I/C, NBA - AICTE work, sponsored projects, departmental newsletter etc. The candidate will earn 3 points per semester for each activity upto a maximum of 20.

d. Institute Activity (Maximum Points 10)

This section summaries all the responsibilities assigned by Head of the institute to the candidate during academic year under consideration through a proper office order. This may include responsibilities like Head of Department, Coordinator, Warden, Training and Placement officer, Estate Officer etc. The candidate will earn 5 points per semester for each activity upto a maximum of 10.

e. ACR (Maximum Points 10)

ACRs maintained at institute level shall have 10 points based on grading.

f. Contribution to Society (Maximum Points 10)

The candidate involved in different initiatives by AICTE. The candidate will earn 5 points per semester for each activity. The claim should be supported by an office order/ official communication from Head of Institute.

The grand total of points for all academic years shall be converted to a 10 points scale.

Note:

1. The activities mentioned in above criterion are indicative. Principal / Director / HoD may add or remove some of the activities at department and institute level as per the requirements of the institute.

2. ACRs maintained at institute level shall have 10 Marks based on grading.

Calculation of Credit Points

(Sample Calculations Page-1)

A. Teaching Process (Max Point 25)

B. Students' feedback (Max Point 25)

C. Departmental Activities (Max credit 20)

Calculation of Credit Points

(Sample Calculations Page-2)

D. Institute Activities (Max Credit 10)

E. ACRs maintained at institute level (Max Credit 10)

F. Contribution to Society (Max Credit 10)

Calculation of Credit Points

(Blank Format)

A. Teaching Process (Max Point 25)

B. Students' feedback (Max Point 25)

C. Departmental Activities (Max credit 20)

D. Institute Activities (Max Credit 10)

E. ACRs maintained at institute level (Maximum Points 10)

F. Contribution to Society (Maximum Points 10)

Summary

STUDENT'S FEEDBACK FORM

(To be used by institutions)

For getting filled in through student

Prof. M. P. POONIA, Vice-Chairman, AICTE [ADVT.-III/4/Exty./560/18]1584 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 Department of General Administration

----- Notification

23/1/87-GA&C(Vol.II)/4895

In exercise of the powers conferred by article 166 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Goa hereby makes the following rules so as to further amend the Business of the Government of Goa (Allocation) Rules, 1987, namely:—

1. Short title and commencement.— (1) These rules may be called the Business of the Government of Goa (Allocation) (Thirty- second Amendment) Rules, 2020.

(2) They shall come into force at once.

2. Amendment of Schedule.— In the Schedule appended to the Business of the Government of Goa (Allocation) Rules, 1987, at serial number 7, for the heading "Department of Environment" the heading "Department of Environment and Climate Change" shall be substituted.

By order and in the name of the

Governor of Goa.

Shripad Arlekar, Under Secretary (GA).

Porvorim, 17th February, 2020.

———ttt———

Department of Law & Judiciary

Legal Affairs Division ——

Notification

10/4/2019-LA-354

The Arbitration and Conciliation (Amendment) Act, 2019 (Central Act No. 33 of 2019), which has been passed by Parliament and assented to by the President on 09-08-2019 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 09-08-2019, is hereby published for the general information of the public.

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

Porvorim, 31st December, 2019.

The Arbitration and Conciliation (Amendment) Act, 2019

No. 33 of 2019

AN

ACT

further to amend the Arbitration and

Conciliation Act, 1996.

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 Arbitration and Conciliation (Amendment) Act, 2019.

(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

26 of 1996.

2. Amendment of section 2.— In the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the principal Act), in section 2,—

(i) in sub-section (1),––

(A) after clause (c), the following

clause shall be inserted, namely:––

'(ca) "arbitral institution" means an arbitral institution designated by the Supreme Court or a High Court under this Act;';

(B) after clause (h), the following

clauses shall be inserted, namely:––

'(i) "prescribed" means prescribed

by rules made under this Act;

(j) "regulations" means the regulations made by the Council under this Act.';

(ii) in sub-section (2), in the proviso, for the word, brackets and letter "clause (a)", the word, brackets and letter "clause (b)" shall be substituted.

3. Amendment of section 11.— In section

11 of the principal Act,—

(i) after sub-section (3), the following

sub-section shall be inserted, namely:—

"(3A) The Supreme Court and the High Court shall have the power to designate, arbitral institutions, from time to time, which have been graded by the Council under section 43-I, for the purposes of this Act:

Provided that in respect of those High Court jurisdictions, where no graded arbitral institution are available, then, the Chief Justice of the concerned High Court may maintain a panel of arbitrators for discharging the functions and duties of arbitral institution and any reference to the arbitrator shall be deemed to be an arbitral institution for the purposes of this section and the arbitrator appointed by a party shall be entitled to such fee at the rate as specified in the Fourth Schedule:

Provided further that the Chief Justice of the concerned High Court may, from time to time, review the panel of arbitrators.";

(ii) in sub-section (4), in the long line, for the por tion beginning with "the appointment shall be made" and ending with "designated by such Court", the following shall be substituted, namely:––

"the appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Cour t, in case of international commercial arbitration, or by the High Court, in case of arbitrations other than international commercial arbitration, as the case may be";

(iii) in sub-section (5), for the portion beginning with "the appointment shall be made" and ending with "designated by such Cour t", the following shall be substituted, namely:––

"the appointment shall be made on an application of the party in accordance with the provisions contained in sub- section (4)";

(iv) in sub-section (6), in the long line, for the portion beginning with "party may request" and ending with "designated by such Cour t", the following shall be substituted, namely:––

"the appointment shall be made, on an application of the party, by the arbitral institution designated by the Supreme Cour t, in case of international commercial arbitration, or by the High Court, in case of arbitrations other than international commercial arbitration, as the case may be";

(v) sub-sections (6A) and (7) shall be

omitted;

(vi) in sub-section (8), for the words "The Supreme Court or, as the case may be, the High Court or the person or institution designated by such Court", the words, brackets and figures "The arbitral institution referred to in sub-sections (4), (5) and (6)" shall be substituted;

(vii) in sub-section (9), for the words "the Supreme Court or the person or institution designated by that Court", the words "the arbitral institution designated by the Supreme Court" shall be substituted;

(viii) sub-section (10) shall be omitted;

(ix) for sub-sections (11) to (14), the following sub-sections shall be substituted, namely:—

"(11) Where more than one request has been made under sub-section (4) or sub-section (5) or sub-section (6) to different arbitral institutions, the arbitral institution to which the request has been first made under the relevant sub-section shall be competent to appoint.

(12) Where the matter referred to in sub-sections (4), (5), (6) and (8) arise in an international commercial arbitration or any other arbitration, the reference to the arbitral institution in those sub- sections shall be construed as a reference to the arbitral institution designated under sub-section (3A).

(13) An application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the arbitral institution within a period of thirty days from the date of service of notice on the opposite party.

(14) The arbitral institution shall determine the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal subject to the rates specified in the Fourth Schedule.

Explanation.— For the removal of doubts, it is hereby clarified that this sub- section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) where parties have agreed for determination of fees as per the rules of an arbitral institution.".

4. Amendment of section 17.— In section 17 of the principal Act, in sub-section (1), the words and figures "or at any time after the making of the arbitral award but before it is enforced in accordance with section 36" shall be omitted.

5. Amendment of section 23.— In section 23 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:––

"(4) The statement of claim and defence under this section shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing, of their appointment.".

6. Amendment of section 29A.— In section

29A of the principal Act,—

(a) for sub-section (1), the following sub-

section shall be substituted, namely:—

"(1) The award in matters other than international commercial arbitration shall be made by the arbitral tribunal within a period of twelve months from the date of completion of pleadings under sub- section (4) of section 23:

Provided that the award in the matter of international commercial arbitration may be made as expeditiously as possible and endeavour may be made to dispose of the matter within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23.";

(b) in sub-section (4), after the proviso, the following provisos shall be inserted, namely:—

"Provided fur ther that where an application under sub-section (5) is pending, the mandate of the arbitrator shall continue till the disposal of the said application:

Provided also that the arbitrator shall be given an opportunity of being heard before the fees is reduced.".

7. Amendment of section 34.— In section 34 of the principal Act, in sub-section (2), in clause (a), for the words "furnishes proof that", the words "establishes on the basis of the record of the arbitral tribunal that" shall be substituted.

8. Amendment of section 37.— In section 37 of the principal Act, in sub-section (1), for the words "An appeal", the words "Notwithstanding anything contained in any other law for the time being in force, an appeal" shall be substituted.

9. Insertion of new sections 42A and 42B.— After section 42 of the principal Act, the following sections shall be inserted, namely:–

"42A. Confidentiality of information.— Notwithstanding anything contained in any other law for the time beingin force, the arbitrator, the arbitral institution and the parties to the arbitration agreement shall maintain confidentiality of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of award.

42B. Protection of action taken in good faith.— No suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be1587 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 done under this Act or the rules or regulations made thereunder.".

10. Insertion of new Part.— After Part I of the principal Act, the following Part shall be inserted, namely:––

'PART IA

Arbitration Council of India

43A. Definitions.— In this Part, unless the

context otherwise requires,—

(a) "Chairperson" means the Chairperson of the Arbitration Council of India appointed under clause (a) of sub- section (1) of section 43C;

(b) "Council" means the Arbitration Council of India established under section 43B;

(c) "Member" means a Member of the

Council and includes the Chairperson.

43B. Establishment and incorporation of Arbitration Council of India.— (1) The Central Government shall, by notification in the Official Gazette, establish, for the purposes of this Act, a Council to be known as the Arbitration Council of India to perform the duties and discharge the functions under this Act.

(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.

(3) The head office of the Council shall be

at Delhi.

(4) The Council may, with the prior approval of the Central Government, establish offices at other places in India.

43C. Composition of Council.— (1) The Council shall consist of the following Members, namely:––

(a) a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India—Chairperson;

(b) an eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international, to be nominated by the Central Government— Member;

(c) an eminent academician having experience in research and teaching in the field of arbitration and alternative dispute resolution laws, to be appointed by the Central Government in consultation with the Chairperson—Member;

(d) Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary— Member, ex officio.

(e) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary—Member, ex officio;

(f) one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government—Part-time Member; and

(g) Chief Executive Officer—Member-

Secretary, ex officio.

(2) The Chairperson and Members of the Council, other than ex officio Members, shall hold office as such, for a term of three years from the date on which they enter upon their office:

Provided that no Chairperson or Member, other than ex officio Member, shall hold office as such after he has attained the age of seventy years in the case of Chairperson and sixty-seven years in the case of Member.

(3) The salaries, allowances and other terms and conditions of the Chairperson and Members referred to in clauses (b) and (c) of1588 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 sub-section (1) shall be such as may be prescribed by the Central Government.

(4) The Part-time Member shall be entitled to such travelling and other allowances as may be prescribed by the Central Government.

43D. Duties and functions of Council.— (1) It shall be the duty of the Council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism and for that purpose to frame policy and guidelines for the establishment, operation and maintenance of uniform professional standards in respect of all matters relating to arbitration.

(2) For the purposes of performing the duties and discharging the functions under this Act, the Council may—

(a) frame policies governing the

grading of arbitral institutions;

(b) recognise professional institutes

providing accreditation of arbitrators;

(c) review the grading of arbitral

institutions and arbitrators;

(d) hold training, workshops and courses in the area of arbitration in collaboration of law firms, law universities and arbitral institutes;

(e) frame, review and update norms to ensure satisfactory level of arbitration and conciliation;

(f) act as a forum for exchange of views and techniques to be adopted for creating a platform to make India a robust centre for domestic and international arbitration and conciliation;

(g) make recommendations to the Central Government on various measures to be adopted to make provision for easy resolution of commercial disputes;

(h) promote institutional arbitration by

strengthening arbitral institutions;

(i) conduct examination and training on various subjects relating to arbitration and conciliation and award certificates thereof;

(j) establish and maintain depository

of arbitral awards made in India;

(k) make recommendations regarding personnel, training and infrastructure of arbitral institutions; and

(l) such other functions as may be

decided by the Central Government.

43E. Vacancies, etc., not to invalidate proceedings of Council.— No act or proceeding of the Council shall be invalid merely by reason of—

(a) any vacancy or any defect, in the

constitution of the Council;

(b) any defect in the appointment of a person acting as a Member of the Council; or

(c) any irregularity in the procedure of the Council not affecting the merits of the case.

43F. Resignation of Members.— The Chairperson or the Full-time or Part-time Member may, by notice in writing, under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson or the Full- time Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

43G. Removal of Member.— (1) The Central Government may, remove a Member from his office if he––

(a) is an undischarged insolvent; or

(b) has engaged at any time (except Part- time Member), during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or1589 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(f) has become physically or mentally

incapable of acting as a Member.

(2) Notwithstanding anything contained in sub-section (1), no Member shall be removed from his office on the grounds specified in clauses (d) and (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed.

43H. Appointment of experts and constitution of Committees thereof.— The Council may, appoint such experts and constitute such Committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified by the regulations.

43-I. General norms for grading of arbitral institutions.— The Council shall make grading of arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as may be specified by the regulations.

43J. Norms for accreditation.— The qualifications, experience and norms for accreditation of arbitrators shall be such as specified in the Eighth Schedule:

Provided that the Central Government may, af ter consultation with the Council, by notification in the Official Gazette, amend the Eighth Schedule and thereupon, the Eighth Schedule shall be deemed to have been amended accordingly.

43K. Depository of awards.— The Council shall maintain an electronic depository of arbitral awards made in India and such other records related thereto in such manner as may be specified by the regulations.

43L. Power to make regulations by Council.— The Council may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under this Act.

43M. Chief Executive Officer.— (1) There shall be a Chief Executive Officer of the Council, who shall be responsible for day-to- day administration of the Council.

(2) The qualifications, appointment and other terms and conditions of the service of the Chief Executive Officer shall be such as may be prescribed by the Central Government.

(3) The Chief Executive Officer shall discharge such functions and perform such duties as may be specified by the regulations.

(4) There shall be a Secretariat to the Council consisting of such number of officers and employees as may be prescribed by the Central Government.

(5) The qualifications, appointment and other terms and conditions of the service of the employees and other officers of the Council shall be such as may be prescribed by the Central Government.'.

11. Amendment of section 45.— In section 45 of the principal Act, for the words "unless it finds", the words "unless it prima facie finds", shall be substituted.

12. Amendment of section 50.— In section 50 of the principal Act, in sub-section (1), for the words "An appeal", the words "Notwithstanding anything contained in any other law for the time being in force, an appeal" shall be substituted.

13. Insertion of new section 87.— After section 86 of the principal Act, the following1590 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 section shall be inserted and shall be deemed to have been inserted with effect from the 23rd October, 2015, namely:—

"87. Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015.— Unless the par ties otherwise agree, the amendments made to this Act by the Arbitration and Conciliation (Amendment) Act, 2015 shall— 3 of 2016.

(a) not apply to––

3 of 2016.

(i) arbitral proceedings commenced before the commencement of the Arbitration and Conciliation (Amendment) Act, 2015;

3 of 2016.

(ii) cour t proceedings arising out of or in relation to such arbitral proceedings irrespective of whether such court proceedings are commenced prior to or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015;

3 of 2016.

(b) apply only to arbitral proceedings commenced on or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015 and to court proceedings arising out of or in relation to such arbitral proceedings.".

14. Insertion of new Schedule.— After the Seventh Schedule to the principal Act, the following Schedule shall be inserted, namely:––

"THE EIGHTH SCHEDULE

(See section 43J)

Qualifications and Experience of Arbitrator

A person shall not be qualified to be an arbitrator

unless he—

25 of 1961.

(i) is an advocate within the meaning of the Advocates Act, 1961 having ten years of practice experience as an advocate; or

38 of 1949.

(ii) is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 having ten years of practice experience as a chartered accountant; or

23 of 1959.

(iii) is a cost accountant within the meaning of the Cost and Works Accountants Act, 1959 having ten years of practice experience as a cost accountant; or

56 of 1980.

(iv) is a company secretary within the meaning of the Company Secretaries Act, 1980 having ten years of practice experience as a company secretary; or

(v) has been an officer of the Indian Legal

Service; or

(vi) has been an officer with law degree having ten years of experience in the legal matters in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in private sector; or

(vii) has been an officer with engineering degree having ten years of experience as an engineer in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in private sector or self- employed; or

(viii) has been an officer having senior level experience of administration in the Central Government or State Government or having experience of senior level management of a Public Sector Undertaking or a Government company or a private company of repute;

(ix) is a person, in any other case, having educational qualification at degree level with ten years of experience in scientific or technical stream in the fields of telecom, information technology, Intellectual Property Rights or other specialised areas in the Government, Autonomous Body, Public Sector Undertaking or a senior level managerial position in a private sector, as the case may be.

General norms applicable to Arbitrator

(i) The arbitrator shall be a person of general reputation of fairness, integrity and capable to apply objectivity in arriving at settlement of disputes;

(ii) the arbitrator must be impartial and neutral and avoid entering into any financial business or1591 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 27TH FEBRUARY, 2020 other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias amongst the parties;

(iii) the arbitrator should not involve in any legal proceeding and avoid any potential conflict connected with any dispute to be arbitrated by him;

(iv) the arbitrator should not have been convicted of an offence involving moral turpitude or economic offence;

(v) the arbitrator shall be conversant with the Constitution of India, principles of natural justice, equity, common and customary laws, commercial laws, labour laws, law of torts, making and enforcing the arbitral awards;

(vi) the arbitrator should possess robust understanding of the domestic and international legal system on arbitration and international best practices in regard thereto;

(vii) the arbitrator should be able to understand key elements of contractual obligations in civil and commercial disputes and be able to apply legal principles to a situation under dispute and also to apply judicial decisions on a given matter relating to arbitration; and

(viii) the arbitrator should be capable of suggesting, recommending or writing a reasoned and enforceable arbitral award in any dispute which comes before him for adjudication.".

15. Amendment to Act 3 of 2016.— Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 shall be omitted and shall be deemed to have been omitted with effect from the 23rd October, 2015.

16. Amendment to Fourth Schedule.— In the Fourth Schedule to the principal Act, for the brackets, words and figures "[See section 11 (14)]", the brackets, words, figures and letter "[See section 11 (3A)]" shall be substituted.

Law Establishment Division __

Addendum

8/32/2015-LD(Estt)/Part/368

In the Government Order No. 8/32/2015- -LD(Estt.)/Par t/169 dated 24-01-2020 published in the Official Gazette, Series I No. 44 dated 30-01-2020 after the first table the following para shall be added namely:—

"The posts specified in the above table at Sr. No. 1 to 14, which have lapsed w.e.f. 01-04-2012 till 08-02-2019, shall stand revived w.e.f. 08-02-2019.".

By order and in the name of the

Governor of Goa.

Amir Y. Parab, Under Secretary (Estt.), Law

Department.

Porvorim, 19th February, 2020.

———ttt———

Department of Legal Metrology __

Notification

25/5/20-CLM/166/383

In exercise of the powers under Rule 4 of the Standards of Weights and Measures (Inter- State Verification and Stamping) Rules, 1987, the Controller, Legal Metrology, hereby notifies that henceforth all the Vehicle Tanks registered with the Transport Authorities of North Goa District, shall be calibrated at the Office of the Assistant Controller, Legal Metrology, North Zone, Dattawadi, Mapusa, Goa.

By order and in the name of the

Governor of Goa.

P. S. Shirodkar, Controller, Legal Metrology

& ex officio Under Secretary.

Porvorim, 18th February, 2020.

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