165

Panaji, 16th May, 2019 (Vaisakha 26, 1941)

SERIES I No. 7

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 Education, Art & Culture

Directorate of Technical Education

___

Order

DTE/Estt/1-1/Recruit C&D/C.C/P.F-II/

/2015-16/348

Read:- 1. Office Memorandum No. 1/2/2012-

PER dated 21-11-2016.

2. Order No. DTE/Estt/1-1/Recruit

C&D/C.C/P.F.-II/2015-16/3965 dated

21-03-2018.

In pursuance to Office Memorandum

referred to 1 above and in partial modification

of order referred at 2 above, Government

approval is hereby conveyed to re-designate

the following posts under the cadre of

Directorate of Technical Education as “Multi-

Tasking Staff” with immediate effect:-

Peon.

Hamal.

Sweeper.

Sweeper cum Mali.

Watchman.

Watchman cum Mali.

Mali.

Ayah.

Fireman.

NOTE

There are two Extraordinary issues to Official Gazette, Series I No. 6 dated 09-05-2019, as namely:–

(1) Extraordinary dated 8-5-2019 from pages 139 to 162, Notifications from Department of Finance (Revenue & Control

Division) regarding Weekly Lottery Scheme.

(2) Extraordinary (No. 2) dated 13-5-2019 from pages 163 to 164 Notification No. 38/1/2017-Fin(R&C) (10/2019-Rate)/

2826 regarding Goa Goods & Services Tax Act, 2017 & Corrigendum from Department of Finance (Revenue & Control

Division).

INDEX

Department

Notification/Order

Subject

Pages

1. Education, Art & Culture

Not.- DTE/Estt/1-1/Recruit C&D/

Re-designation as Multi-Tasking Staff of

165

Dir. & ex officio Addl. Secy. C.C/P.F-II/2015-16/348

Group ‘C’ employee & their duties

2. Finance

Not.- 7/13/2018-FIN(DMU)/701

The Goa Protection of Interests of Depositors

166

Under Secretary

(in Financial Establishments) (First Amend)

Rules, 2018.

3. Law & Judiciary

Not.- 10/4/2019-LA-110

The Companies (Amendment) Second

168

Joint Secretary

Ordinance, 2019.

4. Public Health

Ord.- 44/11/2019-I/PHD/1209

Notifying the Scheme-Supply and Installation

175

Under Secretary

of Individual Household Bio-Digester Toilets

in the State of Goa.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

166

10.

Library Attendant.

11.

Block Attendant.

12.

Animal Attendant.

13.

Machine Attendant.

14.

Loboratory Attendant.

Consequently, all the employees holding

the above posts shall stand re-designated as

“Multi-Tasking Staff” with their classification

as Group ‘C’ with immediate effect.

The duties of all these “Multi-Tasking Staff”

shall broadly include:

Physical maintenance of records of the

section.

General cleanliness & upkeep of the

Section/Unit.

Carrying of files & other papers within

the building.

Photocopying, sending of Fax etc.

Other no-clerical work in the Section/

/Unit.

Assisting in routine office work like

diary, dispatch etc. including on

computer.

Delivering of dak (outside the

building).

Watch & Ward duties.

Opening and closing of rooms.

Cleaning of rooms.

Dusting of furniture etc.

Cleaning of building, fixtures etc.

Work

his/her

ITI

qulifications, if it exists,

Driving of vehicles, if in possession of

valid driving license.

Upkeep of Parks, Lawns, Potted plants

etc.

Any other work assigned by the

superior authority.

Note:

The above list of duties is only illustrative

and non exhaustive, Institutes/Offices may

add to the list, duties of similar nature

ordinarily performed by officials at this

level.

By order and in the name of the

Governor of Goa.

Vivek B. Kamat, Director & ex officio Addl.

Secretary (Technical Education).

Porvorim, 10th May, 2019.

———ttt———

Department of Finance

Debt Management Division

——

Notification

7/13/2018/-FIN(DMU)/701

In exercise of the powers conferred by

sub-section (1) of section 15 read with section

4A of the Goa Protection of Interests of

Depositors (in Financial Establishments) Act,

1999 (Goa Act 10 of 1999), the Government of

Goa hereby makes the following rules so as

to amend the Goa Protection of Interests of

Depositors (in Financial Establishments)

Rules, 2000, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Protection

of Interests of Depositors (in Financial

Establishments) (First Amendment) Rules,

2018.

(2) They shall come into force on the date of

their publication in the Official Gazette.

2. Amendment of rule 2.— In rule 2 of the

Goa Protection of Interests of Depositors (in

Financial Establishments) Rules, 2000

(hereinafter referred to as the “principal

Rules”),— (i) the existing provision shall be

numbered as sub-rule (1) and in sub-rule (1)

as so numbered, after clause (c), the following

clauses shall be inserted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

167

“(d) “form” means a form appended to

these rules;

(e) “Revenue Officer” means an Officer

as defined under clause (30) of section 2 of

the Goa, Daman and Diu Land Revenue

Code, 1968 (No. 9 of 1969);

(f) “section” means a section of the Act.”.,

(ii) after sub-rule (1) so numbered, the

following sub-rule shall be inserted, namely:—

“(2) Words and expressions used and not

defined in these rules but defined in the Act

shall have the meanings respectively

assigned to them in the Act.”.

3. Insertion of new rules 2A, 2B and 2C.—

In the principal Rules, after rule 2, the

following rules shall be inserted, namely:—

“2A. Report of business by financial

establishment.— (1) Every financial

establishment shall submit the report as

specified in section 4A of the Act to the

District Collector in Form-I hereto.

(2) The District Collector shall enter the

details of report received in a register

maintained in Form-II hereto.

(3) Every financial establishment shall

furnish within one month of the expiry of

each quarter of a financial year, a quarterly

return in Form-III hereto, showing

particulars in respect of its business

including its financial position, area of its

investments and the location of investment

of moneys made by it within and outside

the State about each such quarterly returns

of the financial year, to the District Collector,

within the limits of whose jurisdiction the

main branch office, as declared by the

financial establishment, is located.

2B. Record of complaints.— The Competent

Authority shall maintain a record of every

complaint received under the Act and shall

enter the related details in a register

maintained in Form-IV hereto.

2C. Procedure on receipt of complaint.— (1)

On receipt of a complaint from depositors or

otherwise, the Competent Authority shall

initiate such inquiry as it may deem necessary

to ascertain as to whether the financial

establishment has fraudulently defaulted.

(2) The Competent Authority shall before

conducting such inquiry give a copy of the

complaint to the financial establishment and

in case the financial establishment satisfies the

Competent Authority with documentary proof

that it has repaid such deposit, interest, bonus,

profit or return of any kind, the Competent

Authority may permit the complainant to

withdraw the complaint.

(3) The report of the inquiry and findings

therein, shall be submitted by the Competent

Authority to the Government, for orders in

terms of section 3 of the Act.”.

4. Amendment of rule 6.— In rule 6 of the

principal Rules, in sub-rule (3), the following

proviso shall be inserted, namely:—

“Provided that, if, from information

received or otherwise, such officer in

charge of a Police Station has reason to

suspect the commission of an offence under

this Act, he shall forthwith send a report of

the same to the Special Court empowered

to take cognizance of such offence and shall

proceed in person, or shall depute one of

his subordinate officers not being such rank

of Police Sub-Inspector, to proceed to the

spot, to investigate the facts and

circumstances of the case, and, if necessary,

to take measures for the discovery and

arrest of the offender as per the provisions

of the Code of Criminal Procedure, 1973.”

5. Insertion of new rule 6A.— In the

principal Rules, after rule 6, the following rule

shall be inserted, namely:—

“6A. Procedure for attachment and sale

of property.— (1) The Competent Authority

shall keep in custody all money or other

property attached, and shall arrange for the

safe keeping of any records, books of

accounts, papers and documents found in

the premises of attached property.

(2) The Competent Authority shall

maintain a record of all the income received

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

168

and expenditure incurred in relation to the

attachment, management and disposal of

money or other property attached and shall

furnish the same to the Special Court as

required.”.

By order and in the name of the Governor

of Goa.

Shashank V. Thakur, Under Secretary,

Finance (Bud-II).

Porvorim, 3rd May, 2019.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

Notification

10/4/2019-LA-110

The Companies (Amendment) Second

Ordinance, 2019 (Ordinance No. 6 of 2019),

which has been promulgated by the President

in the Seventieth Year of the Republic of India

and published in the Gazette of India,

Extraordinary, Part II, Section I, dated

21-2-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 1st April, 2019.

________

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st February, 2019/Phalguna

2, 1940 (Saka)

THE COMPANIES (AMENDMENT)

SECOND ORDINANCE, 2019

No. 6 of 2019

Promulgated by the President in the

Seventieth Year of the Republic of India.

An Ordinance further to amend the

Companies Act, 2013.

Whereas the Companies (Amendment)

Ordinance, 2018 was promulgated by

the President on the 2nd day November,

2018;

And whereas the Companies (Amendment)

Bill, 2019 to replace the Companies

(Amendment) Ordinance, 2018 has been

passed by the House of People on the 4th

day of January, 2019 and is pending in the

Council of States;

And whereas in order to give continued

effect to the provisions of the Companies

(Amendment)

Ordinance,

2018,

the

Companies (Amendment) Ordinance, 2019

was promulgated on the 12th day of January,

2019;

And whereas the Companies (Amendment)

Bill, 2019 along with amendments to the

said Bill could not be taken up for

consideration and passing in the Council of

States;

And whereas the Companies (Amendment)

Ordinance, 2019 will cease to operate on the

13th day of March, 2019;

And whereas it is considered necessary

to give continued effect to the provisions of

the Companies (Amendment) Ordinance,

2019;

And whereas Parliament is not in session

and the President is satisfied that

circumstances exist which render it

necessary for him to take immediate action;

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

1. Short title and commencement.— (1)

This Ordinance may be called the Companies

(Amendment) Second Ordinance, 2019.

(2) It shall be deemed to have come into

force on the 2nd day of November, 2018.

2. Amendment of section 2.— In section

2 of the Companies Act, 2013 (hereinafter

referred to as the principal Act), in clause

(41),—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

169

(a) for the first proviso, the following

provisos shall be substituted, namely:—

“Provided that where a company or

body corporate, which is a holding

company or a subsidiary or associate

company of a company incorporated

outside India and is required to follow

a different financial year for consolidation

of its accounts outside India, the Central

Government may, on an application made

by that company or body corporate in

such form and manner as may be

prescribed, allow any period as its

financial year, whether or not that period

is a year:

Provided further that any application

pending before the Tribunal as on the

date of commencement of the Companies

(Amendment) Second Ordinance, 2019,

shall be disposed of by the Tribunal

in accordance with the provisions

applicable

before

such

commencement.”;

(b) in the second proviso, for the words

“Provided further that”, the words

“Provided also that” shall be substituted.

3. Insertion of new section 10A.— After

section 10 of the principal Act, the following

section shall be inserted, namely:—

“10A. (1) Commencement of business,

etc.— A company incorporated after the

commencement

the

Companies

(Amendment) Second Ordinance, 2019 and

having a share capital shall not commence

any business or exercise any borrowing

powers unless—

(a) a declaration is filed by a director

within a period of one hundred and

eighty days of the date of incorporation

of the company in such form and verified

in such manner as may be prescribed,

with the Registrar that every subscriber

to the memorandum has paid the value

of the shares agreed to be taken by him

on the date of making of such

declaration; and

(b) the company has filed with the

Registrar a verification of its registered

office as provided in sub-section (2) of

section 12.

(2) If any default is made in complying

with the requirements of this section, the

company shall be liable to a penalty of fifty

thousand rupees and every officer who is

in default shall be liable to a penalty of

one thousand rupees for each day during

which such default continues but not

exceeding an amount of one lakh rupees.

(3) Where no declaration has been filed

with the Registrar under clause (a) of sub-

-section (1) within a period of one hundred

and eighty days of the date of incorporation

of the company and the Registrar has

reasonable cause to believe that the

company is not carrying on any business

or operations, he may, without prejudice

to the provisions of sub-section (2), initiate

action for the removal of the name of the

company from the register of companies

under Chapter XVIII.

4. Amendment of section 12.— In section

12 of the principal Act, after sub-section (8),

the following sub-section shall be inserted,

namely:—

“(9) If the Registrar has reasonable

cause to believe that the company is not

carrying on any business or operations, he

may cause a physical verification of the

registered office of the company in such

manner as may be prescribed and if any

default is found to be made in complying

with the requirements of sub-section (1),

he may without prejudice to the provisions

of sub-section (8), initiate action for the

removal of the name of the company from

the register of companies under Chapter

XVIII.”.

5. Amendment of section 14.— In section

14 of the principal Act,—

(i) in sub-section (1), for the second

proviso, the following provisos shall be

substituted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

170

“Provided further that any alteration

having the effect of conversion of a

public company into a private company

shall not be valid unless it is approved

by an order of the Central Government

on an application made in such form

and manner as may be prescribed:

Provided also that any application

pending before the Tribunal, as on the

date of commencement of the Companies

(Amendment) Second Ordinance, 2019,

shall be disposed of by the Tribunal in

accordance

with

the

provisions

applicable

before

such

commencement.”;

(ii) in sub-section (2), for the word

“Tribunal”,

the

words

“Central

Government” shall be substituted.

6. Amendment of section 53.— In section

53 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) Where any company fails to comply

with the provisions of this section, such

company and every officer who is in

default shall be liable to a penalty which

may extend to an amount equal to the

amount raised through the issue of shares

at a discount or five lakh rupees, whichever

is less, and the company shall also be

liable to refund all monies received with

interest at the rate of twelve per cent. per

annum from the date of issue of such

shares to the persons to whom such

shares have been issued.”,

7. Amendment of section 64.— In section

64 of the principal Act, for sub-section (2),

the following sub-section shall be substituted,

namely:—

“(2) Where any company fails to comply

with the provisions of sub-section (1),

such company and every officer who is in

default shall be liable to a penalty of one

thousand rupees for each day during

which such default continues, or five lakh

rupees whichever is less.”.

8. Amendment of section 77.— In section

77 of the principal Act, in sub-section (1),

for the first and second provisos, the

following provisos shall be substituted.

namely:—

“Provided that the Registrar may, on an

application by the company, allow such

registration to be made—

(a) in case of charges created before

the commencement of the Companies

(Amendment) Second Ordinance, 2019,

within a period of three hundred days

of such creation; or

(b) in case of charges created on or

after the commencement of the

Companies

(Amendment)

Second

Ordinance, 2019, within a period of sixty

days of such creation,

on payment of such additional fees as

may be prescribed:

Provided further that if the registration

is not made within the period specified—

(a) in clause (a) to the first proviso,

the registration of the charge shall be

made within six months from the date

of commencement of the Companies

(Amendment) Second Ordinance, 2019,

on payment of such additional fees as

may be prescribed and different fees

may be prescribed for different classes

of companies;

(b) in clause (b) to the first proviso,

the Registrar may, on an application,

allow such registration to be made

within a further period of sixty days

after payment of such advalorem fees as

may be prescribed.”.

9. Amendment of section 86.— Section 86

of the principal Act shall be numbered as

sub-section (1) thereof and after sub-section

(1) as so numbered, the following sub-

section shall be inserted, namely:—

“(2) If any person wilfully furnishes any

false or incorrect information or knowingly

suppresses any material information,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

171

required to be registered in accordance

with the provisions of section 77, he shall

be liable for action under section 447.”.

10. Substitution of new section for section

87.— For section 87 of the principal Act, the

following section shall be substituted,

namely:—

“87. Rectification by Central Government

in Register of charges.— The Central

Government on being satisfied that—

(a) the omission to give intimation to

the Registrar of the payment or

satisfaction of a charge, within the time

required under this Chapter; or

(b) the omission or misstatement of

any particulars, in any filing previously

made to the Registrar with respect to

any charge or modification thereof or

with respect to any memorandum of

satisfaction or other entry made in

pursuance of section 82 or section 83,

was accidental or due to inadvertence

or some other sufficient cause or it is

not of a nature to prejudice the position

of creditors or shareholders of the

company, it may, on the application of

the company or any person interested

and on such terms and conditions as it

deems just and expedient, direct that

the time for the giving of intimation of

payment or satisfaction shall be

extended or, as the case may require,

that the omission or misstatement shall

be rectified.”.

11. Amendment of section 90.— In section

90 of the principal Act,—

(i) for sub-section (9), the following sub-

section shall be substituted, namely:—

“(9) The company or the person

aggrieved by the order of the Tribunal

may make an application to the Tribunal

for relaxation or lifting of the restrictions

placed under sub-section (8), within a

period of one year from the date of such

order:

Provided that if no such application

has been filed within a period of one

year from the date of the order under

sub-section (8), such shares shall be

transferred, without any restrictions, to

the authority constituted under sub-

section (5) of section 125, in such

manner as may be prescribed;

(ii) in sub-section (10),—

(a) after the word “punishable”, the

words “with imprisonment for a term

which may extend to one year or” shall

be inserted;

(b) after the words “ten lakh rupees”,

the words “or with both” shall be

inserted;

12. Amendment of section 92.— In section

92 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) If any company fails to file its

annual return under sub-section (4), before

the expiry of the period specified therein,

such company and its every officer who

is in default shall be liable to a penalty

of fifty thousand rupees and in case of

continuing failure, with a further penalty

of one hundred rupees for each day during

which such failure continues, subject to

a maximum of five lakh rupees.”.

13. Amendment of section 102.— In section

102 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) Without prejudice to the provisions

of sub-section (4), if any default is made

in complying with the provisions of this

section, every promoter, director, manager

or other key managerial personnel of the

company who is in default shall be liable

to a penalty of fifty thousand rupees or five

times the amount of benefit accruing to

the promoter, director, manager or other

key managerial personnel or any of his

relatives, whichever is higher.”.

14. Amendment of section 105.— In section

105 of the principal Act, in sub-section (3),

for the words “punishable with fine which

may extend to five thousand rupees”, the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

172

words “liable to a penalty of five thousand

rupees” shall be substituted.

15. Amendment of section 117.— In section

117 of the principal Act, for sub-section (2),

the following sub-section shall be substituted,

namely:—

“(2) If any company fails to file the

resolution or the agreement under sub-

section (1) before the expiry of the period

specified therein, such company shall be

liable to a penalty of one lakh rupees and

in case of continuing failure, with a further

penalty of five hundred rupees for each

day after the first during which such

failure continues, subject to a maximum

of twenty-five lakh rupees and every officer

of the company who is in default including

liquidator of the company, if any, shall be

liable to a penalty of fifty thousand rupees

and in case of continuing failure, with a

further penalty of five hundred rupees for

each day after the first during which such

failure continues, subject to a maximum

of five lakh rupees.”.

16. Amendment of section 121.— In section

121 of the principal Act, for sub-section (3)

the following sub-section shall be substituted,

namely:—

“(3) If the company fails to file the

report under sub-section (2) before the

expiry of the period specified therein,

such company shall be liable to a penalty

of one lakh rupees and in case of continuing

failure, with further penalty of five hundred

rupees for each day after the first during

which such failure continues, subject to

a maximum of five lakh rupees and every

officer of the company who is in default

shall be liable to a penalty which shall not

be less than twenty-five thousand rupees

and in case of continuing failure, with a

further penalty five hundred rupees for

each day after the first during which such

failure continues, subject to a maximum

of one lakh rupees.”.

17. Amendment of section 137.— In section

137 of the principal Act, in sub-section (3)—

(a) for the words “punishable with fine”,

the words “liable to a penalty” shall be

substituted;

(b) for the portion beginning with

“punishable with imprisonment”, and

ending with “five lakh rupees or with

both”, the words “shall be liable to a

penalty of one lakh rupees and in case of

continuing failure, with a further penalty

of one hundred rupees for each day after

the first during which such failure

continues, subject to a maximum of five

lakh rupees” shall be substituted.

18. Amendment of section 140.— In section

140 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) If the auditor does not comply with

the provisions of sub-section (2), he or it

shall be liable to a penalty of fifty thousand

rupees or an amount equal to the

remuneration of the auditor, whichever is

less, and in case of continuing failure, with

a further penalty of five hundred rupees

for each day after the first during which

such failure continues, subject to a

maximum of five lakh rupees.”.

19. Amendment of section 157.— In section

157 of the principal Act, for sub-section (2),

the following sub-section shall be substituted,

namely:—

“(2) If any company fails to furnish the

Director Identification Number under sub-

-section (1), such company shall be liable

to a penalty of twenty-five thousand rupees

and in case of continuing failure, with a

further penalty of one hundred rupees for

each day after the first during which such

failure continues, subject to a maximum

of one lakh rupees, and every officer of the

company who is in default shall be liable

to a penalty of not less than twenty-five

thousand rupees and in case of continuing

failure, with a further penalty of one

hundred rupees for each day after the first

during which such failure continues,

subject to a maximum of one lakh rupees.”.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

173

20. Substitution of new section for section

159.— For section 159 of the principal Act,

the following section shall be substituted,

namely:—

“159. Penalty for default of certain

provisions.— If any individual or director

of a company makes any default in

complying with any of the provisions of

section 152, section 155 and section 156,

such individual or director of the company

shall be liable to a penalty which may

extend to fifty thousand rupees and where

the default is a continuing one, with a

further penalty which may extend to five

hundred rupees for each day after the first

during which such default continues.”.

21. Amendment of section 164.— In section

164 of the principal Act, in sub-section (1),

after clause (h), the following clause shall

be inserted, namely:—

“(i) he has not complied with the

provisions of sub-section (1) of section 165.”.

22. Amendment of section 165.— In section

165 of the principal Act, in sub-section (6),

for the portion beginning with “punishable

with fine” and ending with “contravention

continues”, the words “liable to a penalty

of five thousand rupees for each day after

the first during which such contravention

continues” shall be substituted.

23. Amendment of section 191.— In section

191 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) If a director of the company makes

any default in complying with the

provisions of this section, such director

shall be liable to a penalty of one lakh

rupees.”.

24. Amendment of section 197.— In section

197 of the principal Act,—

(a) sub-section (7) shall be omitted;

(b) for sub-section (15), the following

sub-section shall be substituted, namely:—

“(15) If any person makes any default

in complying with the provisions of this

section, he shall be liable to a penalty

of one lakh rupees and where any

default has been made by a company,

the company shall be liable to a penalty

of five lakh rupees.”.

25. Amendment of section 203.— In section

203 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) If any company makes any default

in complying with the provisions of this

section, such company shall be liable to

a penalty of five lakh rupees and every

director and key managerial personnel of

the company who is in default shall be

liable to a penalty of fifty thousand rupees

and where the default is a continuing one,

with a further penalty of one thousand

rupees for each day after the first during

which such default continues but not

exceeding five lakh rupees.”.

26. Amendment of section 238.— In section

238 of the principal Act, in sub-section (3),

for the words “punishable with fine which

shall not be less than twenty-five thousand

rupees but which may extend to five lakh

rupees”, the words “liable to a penalty of

one lakh rupees” shall be substituted.

27. Amendment of section 248.— In section

248 of the principal Act, in sub-section (1),—

(a) in clause (c), for the word and

figures “section 455,”, the words and

figures “section 455; or” shall be

substituted;

(b) after clause (c) and before the long

line, the following clauses shall be inserted,

namely:—

“(d)

the

subscribers

the

memorandum have not paid the

subscription

which

they

had

undertaken to pay at the time of

incorporation of a company and a

declaration to this effect has not been

filed within one hundred and eighty

days of its incorporation under sub-

section (1) of section 10A; or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

174

(e) the company is not carrying on any

business or operations, as revealed after

the physical verification carried out under

sub-section (9) of section 12.”.

28. Amendment of section 441.— In section

441 of the principal Act,—

(a) in sub-section (1), in clause (b), for

the words “does not exceed five lakh

rupees”, the words “does not exceed

twenty-five lakh rupees” shall be

substituted;

(b) for sub-section (6), the following

sub-section shall be substituted, namely:—

“(6) Notwithstanding any-

thing contained in the Code of

Criminal Procedure, 1973, any

offence which is punishable

under

this

Act

with

imprisonment only or with

imprisonment and also with

fine shall not be compoun-

dable.”

29. Amendment of section 446B.— In

section 446B of the principal Act, for the

portion beginning with “punishable with

fine” and ending with “specified in such

sections”, the words “liable to a penalty

which shall not be more than one half of the

penalty specified in such sections” shall be

substituted.

30. Amendment of section 447.— In section

447 of the principal Act, in the second

proviso, for the words “twenty lakh rupees”,

the words “fifty lakh rupees” shall be

substituted.

31. Amendment of section 454.— In section

454 of the principal Act,—

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

-section shall be substituted, namely:—

“(3) The adjudicating officer may, by

an order—

(a) impose the penalty on the

company, the officer who is in default,

or any other person, as the case may

be,

stating

therein

any

non-

compliance or default under the

relevant provisions of this Act; and

(b) direct such company, or officer

who is in default, or any other person,

as the case may be, to rectify the

default, wherever he considers fit.”;

(ii) in sub-section (4), for the words

“such company and the officer who is in

default”, the words “such company, the

officer who is in default or any other

person” shall be substituted;

(iii) in sub-section (8),—

(a) in clause (i), for the words “does

not pay the penalty imposed by the

adjudicating officer or the Regional

Director”, the words, brackets and

figures “fails to comply with the order

made under sub-section (3) or sub-

-section (7), as the case may be,” shall

be substituted;

(b) in clause (ii)—

(i) for the words “Where an officer

of a company”, the words “Where an

officer of a company or any other

person” shall be substituted;

(ii) for the words “does not pay the

penalty”, the words, brackets and

figures “fails to comply with the order

made under sub-section (3) or sub-

section (7), as the case may be,” shall

be substituted.

32. Insertion of new section 454A.— After

section 454 of the principal Act, the following

section shall be inserted, namely:—

“454A. Penalty for repeated default.—

Where a company or an officer of a

company or any other person having

already been subjected to penalty for

default under any provisions of this Act,

again commits such default within a period

of three years from the date of order

imposing such penalty passed by the

adjudicating officer or the Regional

Director, as the case may be, it or he shall

be liable for the second or subsequent

defaults for an amount equal to twice the

2 of 1974.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 7

16TH MAY, 2019

175

amount of penalty provided for such default

under the relevant provisions of this Act.”.

33. Repeal and Savings.— (1) The

Companies

(Amendment)

Ordinance, 2019 is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the said

Ordinance shall be deemed to have been

done or taken under the corresponding

provisions of this Ordinance.

RAM NATH KOVIND

President

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

———ttt———

Department of Public Health

——

Order

44/11/2019-I/PHD/1209

Whereas the Government vide Notification

No. 1/2018/DMA/ODF/SBM/BIOTOILETS/1600,

Series I No. 22 dated 30th August, 2018 had

notified the scheme “Supply and Installation

of Individual Household Bio-Digester Toilets in

the State of Goa” with the objective of

achieving “Open Defecation Free Goa”.

And whereas the scheme provides for

installation of toilets in any household not

having an individual sanitary toilet without

prejudice to the dispute of ownership/title/

/possession, if any pending before any

authority or court of law.

And whereas the Director (Panchayat) has

informed that a number of applications

received under the said scheme are without

NOC/consent of the owner/landlord and

sought the intervention of the Government

under the Goa Public Health Act, 1985.

Now therefore in exercise of powers vested

upon the Government under Section 94A of

the Goa Public Health Act, 1985, the

Government hereby issues the following

directions:

(a) The Director of Panchayats and

Director Municipal Administration as the case

may be shall consider all such applications

which are received without NOC/consent of

the owner/landlord and sanction benefits

under the said scheme if the applicant is

otherwise eligible.

(b)

The

Goa

Waste

Management

Corporation (GWMC), the implementing

agency of the said scheme shall supply and

install toilets in all such households so

communicated by Director of Panchayats and

Director Municipal Administration.

applicants without NOC/consent of the

owner/landlord under the scheme, shall not

in any way be taken to have regularised,

validated or legalised any such structure,

premises, house, hut, area or occupation of or

by any such person.

(d) In the event of any dispute as regards

land, building, apportionment, encroachment,

including legality or illegality of structure or

occupation of any structure by any person or

any question related or incidental thereto, such

dispute, lis, proceedings, right, privilege shall

remain unaffected and shall not prejudice any

person in any way whatsoever.

By order and in the name of the Governor

of Goa.

Maria Seomara Desouza, Under Secretary

(Health-II).

Porvorim, 9th May, 2019.

Ord.

3 of 2019.

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 11.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—47/160—5/2019.