RNI No. GOAENG/2002/6410 Reg. No. RNP/GOA/32/2021-2023
Panaji, 11th February, 2021 (Magha 22, 1942) SERIES I No. 46 PUBLISHED BY AUTHORITY
NOTES
There are five Extraordinary issues to the Official Gazette, Series I No. 45 dated 4-2-2021, namely:—
(1) Extraordinary dated 4-2-2021 from pages 1927 to 1928 Notification No. 7/2/2021-LA regarding the Goa Municipalities (Amendment) Act, 2021 from Department of Law (Legal Affairs Division).
(2) Extraordinary (No. 2) dated 4-2-2021 from pages 1929 to 1932, Notification No. 38/1/2017-Fin (R&C)(159)/1094 regarding Value Added Tax Act, 2005 from Department of Finance, Notification No. 1/10/2017-HD(G)/335 regarding discontinuation of Goa Traffic Sentinel Scheme, 2017 from Department of Home and Notification No. 120/03/JERC- FPPCA/CEE/Tech regarding Levy of Fuel & Power Purchase Cost Adjustment from Department of Power.
(3) Extraordinary (No. 3) dated 5-2-2021 from pages 1933 to 1934 Notification No. 4/5/2005-Fin(R&C)(158)/1093 regarding Specification to retail outlets of Petrol from Department of Finance.
(4) Extraordinary (No. 4) dated 5-2-2021 from pages 1935 to 1936, Corrigendum from Department of Printing & Stationery.
(5) Extraordinary (No. 5) dated 10-2-2021 from pages 1937 to 1940 Notification No. 7/1/2021-LA from Department of Law regarding The Goa Appropriation Act, 2021.
INDEX
Department Order/Notification Subject Pages 1
2
3 4
1. Agriculture Not.- 3/1/Agri.Mech/AD(AE)/ Amendment to the Scheme–Mechanizing 1942 Dir. & ex off. Jt. Secy. 2020-21/D.Agri/380 Agriculture in the State of Goa.
2.a. Education, Art & Culture Not.- DAC/IT CELL/24-SCHEMES/ Amendment to "Scheme to provide 1942 Dir. & ex officio 2019-20/PART FILE-I/3358 special Financial Grants for Organising Addl. Secretary
Cultural Events".
b. —do— Not.- DAC/IT CELL/24-SCHEMES/ Amendment to "Scheme to provide 1943 2019-20/PART FILE-I/3359 Grant in aid to cultural Organisation".
c. —do— Not.- DAC/IT CELL/24-SCHEMES/ Amendment to "Scheme to provide Grant 1943 2019-20/PART FILE-I/3360 to the Institution for Long Term Project
in the field of Art & Culture (Sarjansheel).
d. —do— Not.- DAC/IT CELL/24-SCHEMES/ Amendment to the Scheme "Kalakar 1944 2019-20/PART FILE-I/3361 Kritadnyata Nidhi".
e. —do— Not.- DAC/IT CELL/24-SCHEMES/ Amendment to "D. D. Kosambi 1944 2019-20/PART FILE-I/3362 Research Fellowship Scheme".
3. Information & Publicity Ord.- DI/ADMN/AMR/2017-18/ Creation of posts. 1944 Director 18-19/3843
4.a. Law Not.- 10/4/2019-LA The Chit Funds (Amendment) Act, 2019. 1945 Joint Secretary
b. —do— Not.- 10/6/2020-LA/14 The National Capital Territory of Delhi 1947
Laws (Special Provisions) Second (Amendment) Ordinance, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 20211
2
3 4
c. Law Not.- 10/2/2021-LA-29 The Jammu and Kashmir Reorganisation 1949 Joint Secretary
(Amendment) Ordinance, 2021.
d. —do— Not.- 10/4/2019-LA The Prohibition of Electronic Cigarettes 1950 (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.
e. —do— Not.- 10/4/2019-LA The Dadra and Nagar Haveli and Daman 1954 and Diu (Merger of Union territories) Act, 2019.
5.a. Personnel Ord.- 7/2/2020-PER/421 Revival of post. 1958 Under Secretary
b. —do— Not.- 6/4/2006-PER/252 Self Financing Management Education 1958 Joint Secretary
Programme Scheme to Group "A" Officers of Goa, 2020.
c. —do— Not.-1/14/2014-PER (Part) R.R.— Senior Stenographer & Junior 1960 Under Secretary
Stenographer (Secretariat).
6. Settlement and Ord.- 1/DSLR/EST/33/2020/358 Redesignation of post. 1963 Land Records Director
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture __
Notification
3/1/Agri.Mech/AD(AE)/2020-21/D.Agri/380
Short title and commencement.— The scheme shall be called "Mechanizing Agriculture in the State of Goa".
Read Notification: No. 3/1/AD(AE)/2017-18/ /D.Agri/120 dated 07-09-2017, Series I No. 23.
Amendment
The condition No. 3(v) of Pattern of Assistance in the above referred Notification is as amended below;
"The subsidy shall be paid as per the standard cost of the machine or as per the actual cost (including Taxes) whichever is less".
Other contents of the Notification
remains the same.
This issues with the approval of the Government and concurrence of the Finance (Expenditure) Department, Government of Goa vide U.O. No. 1400077244 dated 05-01-2021.
By order and in the name of the
Governor of Goa.
Nevil Alphonso, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 3rd February, 2021.
———ttt———
Department of Education, Art and Culture
Directorate of Art and Culture ––
Notification
DAC/IT CELL/24-SCHEMES/2019-20/PART FILE-I/3358
Sub: Amendment to the Scheme
1. Read:- "Scheme to provide Special Financial Grants for organizing Cultural Events" published in Official Gazette, Series I No. 22 dated 31-08-2006, Series I No. 13 dated 28-06-2012 & Series I No. 18 dated 31-07-2014.
Whereas the Government has notified a "Scheme to provide Special Financial Grants for organizing Cultural Events" vide OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 notification dated 25-08-2006 & 08-06-2012, and published in the Official Gazette, Series I No. 22 dated 31-08-2006, Series I No. 13 dated 28-06-2012 & Series I No. 18 dated 31-07-2014.
And whereas Government desires to amend Clause 1 (ii) of the "Scheme to provide Special Financial Grants for organizing Cultural Events" in public interest.
Now therefore the Clause 1 (ii) of the "Scheme to provide Special Financial Grants for organizing Cultural Events" is amended to read as under:
"1 (ii) This scheme shall come into force from the date of its publication in the Official Gazette and shall remain in force upto 31st March, 2022".
By order and in the name of Governor
of Goa.
Sagun Velip, Director (Art & Culture) & ex
officio Addnl. Secretary.
Panaji, 8th February, 2021.
________
Notification
DAC/IT CELL/24-SCHEMES/2019-20/PART FILE-I/3359
Sub: Amendment to the Scheme
1. Read:- "Scheme to provide Grant in aid to Cultural Organization" published in Official Gazette, Series I No. 5 dated 02-05-2008 & Series I No. 18 dated 31-07-2014.
Whereas the Government has notified a "Scheme to provide Grant in aid to Cultural Organization" vide notification dated 15-04-2008, and published in the Official Gazette, Series I No. 5 dated 02-05-2008 & Series I No. 18 dated 31-07-2014.
And whereas Government desires to amend Clause 1 (ii) of the "Scheme to provide Grant in aid to Cultural Organization" in public interest.
Now therefore the Clause 1 (ii) of the "Scheme to provide Grant in aid to Cultural Organization" is amended to read as under:
"1 (ii) This scheme shall come into force from the date of its publication in the Official Gazette and shall remain in force upto 31st March, 2022".
By order and in the name of Governor
of Goa.
Sagun Velip, Director (Art & Culture) & ex
officio Addnl. Secretary.
Panaji, 8th February, 2021.
________
Notification
DAC/IT CELL/24-SCHEMES/2019-20/PART FILE-I/3360
Sub: Amendment to the Scheme
1. Read:- "Scheme to provide Grant to the institution for Long Term Project in the field of Ar t & Culture (Sarjansheel)" published in Official Gazette, Series I No. 5 dated 02-05-2008 & Series No. 43 dated 22-01-2009 & Series I No. 18 dated 31-07-2014.
Whereas the Government has notified a "Scheme to provide Grant to the institution for Long Term Project in the field of Art & Culture (Sarjansheel)" vide notification dated 15-04-2008 & 14-01-2009 and published in the Official Gazette, Series I No. 5 dated 02-05-2008, Series I No. 43 dated 22-01-2009 & Series I No. 18 dated 31-07-2014.
And whereas Government desires to amend Clause 1 (ii) of the "Scheme to provide Grant to the institution for Long Term Project in the field of Art & Culture (Sarjansheel)" in public interest.
Now therefore the Clause 1 (ii) of the "Scheme to provide Grant to the institution for Long Term Project in the field of Art & Culture (Sarjansheel)" is amended to read as under:
"1 (ii) This scheme shall come into force from the date of its publication in the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 Official Gazette and shall remain in force upto 31st March, 2022".
By order and in the name of Governor
of Goa.
Sagun Velip, Director (Art & Culture) & ex
officio Addnl. Secretary.
Panaji, 8th February, 2021.
––––––––
Notification
DAC/IT CELL/24-SCHEMES/2019-20/PART FILE-I/3361
Sub: Amendment to the Scheme
1. Read:- "Kalakar Kritadnyata Nidhi" published in Official Gazette, Series I No. 43 dated 22-01-2009 & Series I No. 18 dated 31-07-2014.
Whereas the Government has notified a "Kalakar Kritadnyata Nidhi" vide notification dated 14-01-2009, and published in the Official Gazette, Series I No. 43 dated 22-01-2009 & Series I No. 18 dated 31-07-2014.
And whereas Government desires to amend Clause 1 (ii) of the "Kalakar Kritadnyata Nidhi" in public interest.
Now therefore the Clause 1 (ii) of the "Kalakar Kritadnyata Nidhi" is amended to read as under:
"1 (ii) This scheme shall come into force from the date of its publication in the Official Gazette and shall remain in force upto 31st March, 2022".
By order and in the name of Governor
of Goa.
Sagun Velip, Director (Art & Culture) & ex
officio Addnl. Secretary.
Panaji, 8th February, 2021.
_________
Notification
DAC/IT CELL/24-SCHEMES/2019-20/PART FILE-I/3362
Sub: Amendment to the Scheme
1. Read:- "D. D. Kosambi Research Fellow- ship Scheme" published in Official Gazette, Series I No. 43 dated 22-01-2009 & Series I No. 18 dated 31-07-2014.
Whereas the Government has notified a "D. D. Kosambi Research Fellowship Scheme" vide notification dated 14-01-2009, and published in the Official Gazette, Series I No. 43 dated 22-01-2009 & Series I No. 18 dated 31-07-2014.
And whereas Government desires to amend Clause 1 (ii) of the "D. D. Kosambi Research Fellowship Scheme" in public interest.
Now therefore the Clause 1 (ii) of the "D. D. Kosambi Research Fellowship Scheme" is amended to read as under:
"1 (ii) This scheme shall come into force from the date of its publication in the Official Gazette and shall remain in force upto 31st March, 2022".
By order and in the name of Governor
of Goa.
Sagun Velip, Director (Art & Culture) & ex
officio Addnl. Secretary.
Panaji, 8th February, 2021.
———ttt———
Department of Information and Publicity
——
Order
DI/ADMN/AMR/2017-18/18-19/3843
Sanction of the Government is hereby accorded for creation of 01 post of Editor and 08 other positions at appropriate level on contract basis to revive 'Nave Parv' magazine in order to run it on full professional basis.
The expenditure on the above contractual post should be met from the Budget Head Demand No. 56, 2220—Information & Publicity; 60—Others; 106—Field Publicity; 01—Field Publicity (NP); 01—Salaries.
This issues with the approval of the High Level Empowered Committee (H.L.E.C.) constituted with the approval of the Council of Ministers in the XXth meeting held in OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 08-11-2017 vide Order No. 1/1/2017-Addl. Secy (PER) dated 22-11-2017 issued by Department of Personnel.
Approval of the High Level Empowered Committee (H.L.E.C.) is conveyed by the Department of Administrative Reforms, Secretariat, Porvorim vide Order No. 9/10/ /HLEC/2018-ARD dated 14-08-2018.
By order and in the name of the
Governor of Goa.
Sudhir S. Kerkar, Director (Information &
Publicity).
Panaji, 2nd February, 2021.
———ttt———
Department of Law
Legal Affairs Division ––
Notification
10/4/2019-LA
The Chit Funds (Amendment) Act, 2019 (Central Act No. 41 of 2019), which has been passed by Parliament and assented to by the President on 05-12-2019 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 05-12-2019, is hereby published for the general information of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 21st May, 2020.
––––––––
THE CHIT FUNDS (AMENDMENT) ACT, 2019
AN
ACT
further to amend the Chit Funds Act, 1982.
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 Chit Funds (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
40 of 1982.
2. Amendment of section 2.— In the Chit Funds Act, 1982 (hereinafter referred to as the principal Act), in section 2,—
(i) in clause (b), after the word "kuri", the words ", fraternity fund, Rotating Savings and Credit Institution" shall be inserted;
(ii) clause (d) shall be omitted;
(iii) clause (h) shall be omitted;
(iv) after clause (j), the following clauses
shall be inserted, namely:—
'(ja) "gross chit amount" means the sum-total of the subscriptions payable by all the subscribers for any instalment of a chit without any deduction of discount or otherwise;
(jb) "net chit amount" means the difference between the gross chit amount and the discount, and in the case of a fraction of a ticket means the difference between the gross chit amount and the discount proportionate to the fraction of the ticket, and when the net chit amount is payable otherwise than in cash, the value of the net chit amount shall be the value at the time when it becomes payable;';
(v) clause (m) shall be omitted;
(vi) after clause (p), the following clause
shall be inserted, namely:—
'(pa) "share of discount" means the share of the subscriber in the amount of discount available under the chit agreement for rateable distribution among the subscribers at each instalment of the chit;'.
3. Substitution of words to certain expressions by certain other expressions.— Throughout the principal Act,—
(i) for the words "chit amount", the words "gross chit amount" shall be substituted;
(ii) for the word "dividend", the words "share of discount" shall be substituted; and OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 (iii) for the words "prize amount", the words "net chit amount" shall be substituted.
4. Substitution of new section for section 11.— For section 11 of the principal Act, the following section shall be substituted, namely:—
"11. Use of words "chit", "chit fund", "chitty ", "kuri", "fraternity fund" or "Rotating Savings and Credit Institution".— (1) No person shall carry on chit business unless he uses as part of his name any of the words "chit", "chit fund", "chitty", "Kuri", "fraternity fund" or "Rotating Savings and Credit Institution" and no person other than a person carrying on chit business shall use as part of his name any such word.
(2) Where at the commencement of this
Act,—
(a) any person is carrying on chit business without using as part of his name any of the words specified in sub- -section (1); or
(b) any person not carrying on chit business is using any such word as part of his name,
he shall, within a period of one year from such commencement, add as part of his name any such word or, as the case may be, delete such word from his name:
Provided that the State Government may, if it considers necessary in the public interest or for avoiding any hardship, extend the said period of one year by such further period or periods not exceeding one year in the aggregate.".
5. Amendment of section 13.— In Section
13 of the principal Act,—
(i) in sub-section (1), for the words "rupees one lakh", the words "rupees three lakhs" shall be substituted;
(ii) in sub-section (2),—
(a) in clause (a), for the words "rupees six lakhs", the words "rupees eighteen lakhs" shall be substituted;
(b) in clause (b), for the words "rupees one lakh", the words "rupees three lakhs" shall be substituted.
6. Amendment of section 16.— In section 16 of the principal Act, in sub-section (2), after the words "two subscribers", the words "present in person or through video conferencing duly recorded by the foreman" shall be inserted.
7. Amendment of section 17.— In section 17 of the principal Act, in sub-section (1),—
(a) after the words "at least two other subscribers who are present", the words "in person or through video conferencing" shall be inserted;
(b) the following proviso shall be
inserted, namely:—
"Provided that where two subscribers required to be present under sub-section (2) of section 16 are present through video conferencing, the foreman shall have the minutes of the proceedings signed by such subscribers within a period of two days of the date of the draw.".
8. Amendment of section 21.—In section 21 of the principal Act, in sub-section (1),—
(i) in clause (b), for the words "five percent.", the words "seven percent." shall be substituted;
(ii) in clause (f), the word "and" shall be
omitted;
(iii) after clause (f), the following clause
shall be inserted, namely:—
"(fa) to exercise his right to lien against the credit balance in other non- prized chits; and".
9. Amendment of section 85.— In section 85 of the principal Act, in clause (b), for the words "one hundred rupees", the words "such amount as may be specified, by notification in the Official Gazette, by the State Government" shall be substituted.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021Notification
10/6/2020-LA/14
The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020 (Ordinance No. 15 of 2020), which has been promulgated by the President in the Seventy-first Year of the Republic of India and published in the Gazette of India, Extraordinary, Part II, Section I dated 30-12-2020, is hereby published for the general information of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 19th January, 2021.
________
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th December, 2020/ Pausha 09, 1942 (Saka)
THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) ORDINANCE, 2020
No. 15 of 2020
Promulgated by the President in the Seventy- first Year of the Republic of India as follows:–
An Ordinance fur ther to amend the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.
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 National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
20 of 2011.
2. Amendment of long title.— In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (hereinaf ter referred to as the principal Act), in the long title for the words, figures and letters "for a further period up to the 31st day of December, 2020", The words, figures and letters "for a further period upto to the 31st day of December, 2023" shall be substituted.
3. Amendment of Preamble.— In the
principal Act, in the Preamble,—
(a) for fourth paragraph to eighth, the following paragraphs shall be substituted, namely:—
"And whereas the exercise to formulate the Master Plan for Delhi with the perspective for the year 2041 is under progress;
45 of 2019.
And whereas the National Capital Territor y of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 was enacted to recognise and confer rights of ownership or transfer or mortgage to the residents of unauthorised colonies as one time special measure;
And whereas in supersession of the Regulations for Regularisation of Unauthorised Colonies in Delhi notified on 24th March, 2008, the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 notified in the Gazette of India on 29th October, 2019.
And whereas the process of conferring the ownership rights to the residents of unauthorised colonies and the finalization of the Development Control Norms for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of Proper ty Rights of Residents in Unauthorised Colonies) OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 Regulations, 2019 is under progress and will take time;
61 of 1957.
And whereas based on the policy finalised by the Central Government regarding village abadi area and their extensions, the Building Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis, have been made by the Delhi Development Authority under sub-section (1) of section 57 of the Delhi Development Act, 1957 notified in the Gazette of India vide S.O. 97(E), dated the 17th January, 2011;
And whereas more time is required for completion of action envisaged for unauthorised colonies, village abadi area and their extensions and special areas;";
(b) for eleventh paragraph, the following paragraph shall be substituted, namely:—
"And whereas the revised policy regarding farm houses is being prepared by the Delhi Development Authority and its finalization is likely to take more time;";
(c) in twelfth paragraph, for the words and figures "the Master Plan for Delhi, 2021", the words "the Master Plan" shall be substituted;
(d) af ter thir teenth paragraph, the following paragraph shall be inserted, namely:—
"And whereas the policy with respect to the norms for godown clusters existing in non-conforming areas has been notified by the Central Government on 21st June, 2018;";
(e) in twenty-first paragraph,–
(i) for the words and figures "the Master Plan for Delhi, 2021", the words "the Master Plan" shall be substituted;
(ii) for the words, figures and letters "the 31st day of December, 2020", the words, figures and letters "the 31st day of December, 2023" shall be substituted.
4. Amendment of section 1.— In the principal Act, in section 1, in sub-section (4), in the opening portion, for the words, figures and letters "It shall cease to have effect on the 31st day of December, 2020", the words, figures and letters "It shall cease to have effect on the 31st day of December, 2023" shall be substituted.
5. Amendment of section 2.— In the principal Act, in section 2, in sub-section (1), for clause (e), the following clause shall be substituted, namely:—
61 of 1957.
'(e) "Master Plan" means the Master Plan for Delhi as notified under the Delhi Development Act, 1957;'.
6. Amendment of section 3.— In the
principal Act, in section 3,—
(a) in sub-section (1),—
(i) in clause (a), for the words and figures "the Master Plan for Delhi, 2021", the words "the Master Plan" shall be substituted;
(ii) for clause (c), the following clause
shall be substituted, namely:–
45 of 2019.
"(c) orderly arrangements in accordance with the provisions of the National Capital Territory of Delhi (Recognition of Proper ty Rights of Residents in Unauthorised Colonies) Act, 2019, the National Capital Territor y of Delhi (Recognition of Proper ty Rights of Residents in Unauthorised Colonies) Regulations, 2019 and the regulations for village abadi area (including urban villages) and their extensions as per the following cut-off dates:—
(i) for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 Proper ty Rights of Residents in Unauthorised Colonies) Regulations, 2019;
(ii) for village abadi area (including urban villages) and their extensions as existed on the 31st day of March, 2002 and where construction took place even beyond that date and upto 1st day of June, 2014";
(b) in sub-section (2), for clause (ii), the following clause shall be substituted, namely:—
"(ii) in respect of unauthorised colonies identified under the National Capital Territory of Delhi (Recognition of Proper ty Rights of Residents in Unauthorised Colonies) Regulations, 2019, in respect of village abadi area (including urban villages) and their extensions, which existed on the 31st day of March, 2002, and in aforesaid categories, where construction took place upto 1st day of June, 2014, as mentioned in sub-section (1);";
(c) in sub-section (3), for the words, figures and letters "till the 31st day of December, 2020", the words, figures and letters "till the 31st day of December, 2023" shall be substituted;
(d) in sub-section (4), for the words, figures and letters "at any time before the 31st day of December, 2020", the words, figures and letters "at any time before the 31st day of December, 2023" shall be substituted.
RAM NATH KOVIND, President.
DR. G. NARAYANA RAJU, Secretary to the Government of India.
__________
Notification
10/2/2021-LA-29
The Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021 (Ordinance No. 1 of 2021), which has been Promulgated by the President in the Seventy-first Year of the Republic of India and published in the Gazette of India, Extraordinary, Part II, Section I dated 7-1-2021, is hereby published for the general information of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 1st February, 2021.
_______
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 07th January, 2021/ /Pausha 17, 1942 (Saka)
THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT) ORDINANCE, 2021
No. 1 of 2021
Promulgated by the President in the Seventy-
first Year of the Republic of India.
An Ordinance to amend the Jammu and
Kashmir Reorganisation Act, 2019.
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 Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021.
(2) It shall come into force at once.
34 of 2019.
2. Amendment of section 13.— In section 13 of the Jammu and Kashmir Reorganisation Act, 2019 (hereinafter referred to as the principal Act), after the words, figures and letter "in article 239A", the words "or any other article containing reference to elected members of the Legislative Assembly of the State" shall be inserted.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 20213. Amendment of section 88.— In section 88 of the principal Act, for sub-sections (2) to (6), the following sub-sections shall be substituted, namely:—
"(2) The members of the Indian Administrative Ser vice, Indian Police Service and Indian Forest Service for the existing cadre of Jammu and Kashmir, shall be borne and become part of the Arunachal Pradesh, Goa, Mizoram and Union territories cadre, and all future allocations of All India Services Officers for the Union territory of Jammu and Kashmir and Union territory of Ladakh shall be made to Arunachal Pradesh, Goa, Mizoram and Union territories cadre for which necessary modifications may be made in corresponding cadre allocation rules by the Central Government.
(3) The officers so borne or allocated on Arunachal Pradesh, Goa, Mizoram and Union territories cadre shall function in accordance with the rules framed by the Central Government.".
RAM NATH KOVIND, President.
Dr. G. NARAYANA RAJU, Secretary to the Government of India.
_________
Notification
10/4/2019-LA
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Adver tisement) Act, 2019 (Central Act No. 42 of 2019), which has been passed by Parliament and assented to by the President on 05-12-2019 and published in the Gazette of India, Extraordinary, Part II, Section 1 dated 05-12-2019, is hereby published for the general information of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 21st May, 2020.
THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND ADVERTISEMENT) ACT, 2019
AN
ACT
to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto.
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 Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.
(2) It shall be deemed to have come into
force on the 18th day of September, 2019.
2. Declaration as to expediency of control by Union.— It is hereby declared that it is expedient in the public interest that the Union should take under its control the electronic cigarettes industry.
3. Definitions.— In this Act, unless the
context otherwise requires,—
(a) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice or other document or device;
(b) "authorised officer" means—
(i) any police officer not below the
rank of sub-inspector; or OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 (ii) any other officer, not below the rank of sub-inspector, authorised by the Central Government or the State Government by notification;
(c) "distribution" includes distribution by way of samples, whether free or otherwise and the expression "distribute" shall be construed accordingly;
23 of 1940.
(d) "electronic cigarette" means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Deliver y System, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetics Act, 1940.
Explanation.— For the purposes of this clause, the expression "substance" includes any natural or artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gas or vapour;
(e) "expor t" with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(f) "impor t" with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
(g) "manufacture" means a process for making or assembling electronic cigarettes and any part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic cigarettes and any part thereof;
(h) "notification" means a notification
published in the Official Gazette;
(i) "person" includes—
(i) any individual or group of
individuals;
(ii) a firm (whether registered or not);
(iii) a Hindu Undivided Family;
(iv) a trust;
(v) a limited liability partnership;
(vi) a co-operative society;
(vii) any corporation or company or
body of individuals; and
(viii) every artificial juridical person not falling within any of the preceding sub-clauses;
(j) "place" includes any house, room, enclosure, space, conveyance or the area in like nature;
(k) "production" with its grammatical variations and cognate expressions, includes the making or assembling of electronic cigarettes and any part thereof;
(l) "sale" with its grammatical variations and cognate expressions, means any transfer of property in goods (including online transfer) by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale.
4. Prohibition on production, manufac- turing, import, export, transport, sale, distribution, advertisement of electronic cigarettes.— On and from the date of commencement of this Act, no person shall, directly or indirectly,—
(i) produce or manufacture or import or export or transport or sell or distribute electronic cigarettes, whether as a complete product or any part thereof; and
(ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electronic cigarettes.
5. Prohibition on storage of electronic cigarettes.— On and from the date of commencement of this Act, no person, being the owner or occupier or having the control or use of any place shall, knowingly permit OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 it to be used for storage of any stock of electronic cigarettes:
Provided that any existing stock of electronic cigarettes as on the date of the commencement of this Act kept for sale, distribution, transpor t, expor t or advertisement shall be disposed of in the manner hereinafter specified–
(a) the owner or occupier of the place with respect to the existing stock of electronic cigarettes shall, suo motu, prepare a list of such stock of electronic cigarettes in his possession and without unnecessary delay submit the stock as specified in the list to the nearest office of the authorised officer; and
(b) the authorised officer to whom any stock of electronic cigarettes is forwarded under clause (a) shall, with all convenient dispatch, take such measures as may be necessary for the disposal according to the law for the time being in force.
6. Power to enter, search and seize without warrant.— (1) An authorised officer, if he has reason to believe that any provision of this Act has been, or is being contravened, may enter and search any place where–
(a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are produced, supplied, distributed, stored or transported; or
(b) any advertisement of the electronic
cigarettes has been or is being made.
(2) After completion of the search referred to in sub-section (1), the authorised officer shall seize any record or property found as a result of the search in the said place, which are intended to be used, or reasonably suspected to have been used, in connection with any matter referred to in sub-section (1) and if he thinks proper, take into custody and produce, along with the record or property so seized, before the Court of Judicial Magistrate of the first class, any such person whom he has reason to believe to have committed any offence punishable under this Act.
(3) Where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to attach such property, stocks or records maintained by the producer, manufacturer, importer, exporter, transporter, seller, distributor, advertiser or stockiest about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with any offence in contravention of the provisions of this Act and such order shall be binding on the person connected with the said offence.
2 of 1974.
(4) All searches, seizures and attachment under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.
7. Punishment for contravention of section 4.— Whoever contravenes the provisions of section 4, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.
8. Punishment for contravention of section 5.— Whoever contravenes the provisions of section 5, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
9. Jurisdiction and trial of offences.— (1) Any person committing an offence under section 4 or section 5 shall be triable for such offence in any place in which he is liable to be tried under any law for the time being in force.
(2) All offences under this Act shall be tried by the Cour t of Judicial Magistrate of the first class in accordance with the procedure provided for trials in the Code of Criminal Procedure, 1973. 2 of 1974.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 20212 of 1974.
10. Power to dispose of stock seized.— After completion of the proceedings before the Court and if it is proved that the stock seized by the authorised officer under the provisions of this Act are stocks of electronic cigarettes, such stocks shall be disposed of in accordance with the provisions contained in Chapter XXXIV of the Code of Criminal Procedure, 1973.
11. Offences by companies.— (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub- section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation.— For the purpose of this
section—
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director" means a whole-time director in the company and in relation to a firm, means a partner in the firm.
12. Cognizance of offences.— No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by an authorised officer under this Act.
2 of 1974.
13. Offences to be cognizable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under section 4 shall be cognizable.
14. Act to have overriding effect.— Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
15. Application of other laws not barred.— The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force prohibiting production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes.
16. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act.
17. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by an order published in the Official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021Ord. 14 of 2019.
18. Repeal and savings.— (1) The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Adver tisement) 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 Act.
––––––
Notification
10/4/2019-LA
The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 (Central Act No. 44 of 2019), which has been passed by Parliament and assented to by the President on 09-12-2019 and published in the Gazette of India, Extraordinary, Part II, Section 1 dated 09-12-2019, is hereby published for the general information of the public.
D. S. Raut Dessai, Joint Secretary (Law).
Porvorim, 21st May, 2020.
________
THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU (MERGER OF UNION TERRITORIES) ACT, 2019
AN
ACT
to provide for merger of Union territories of Dadra and Nagar Haveli and Daman and Diu and for matters connected therewith.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
PART I
Preliminary
1. Short title and commencement.— (1) This Act may be called the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the
context otherwise requires,—
(a) "appointed day" means the day on which the Central Government may, by notification in the Official Gazette, appoint;
(b) "existing Union territories" means the Union territories of Dadra and Nagar Haveli and Daman and Diu as existing immediately before the appointed day;
(c) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having a force of law in the whole or in any part of the existing Union territories immediately before the appointed day.
PART II
Merger of Union territories
3. Formation of Union territory of Dadra and Nagar Haveli and Daman and Diu.— On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Dadra and Nagar Haveli and Daman and Diu comprising the territory of the existing Union territories, namely:—
Dadra and Nagar Haveli and Daman and
Diu,
and thereupon the said territories shall have ceased to form part of the existing Union territories.
4. Amendment of article 240 of Constitution.— In article 240 of the Constitution, in clause (1),—
(i) for entry (c), the following entry shall
be substituted, namely:—
"(c) Dadra and Nagar Haveli and
Daman and Diu;";
(ii) entry (d) shall be omitted.
5. Amendment of First Schedule to Constitution.— On and from the appointed day, in the First Schedule to the Constitution, OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 under the heading "II. THE UNION TERRITORIES", for entries 4 and 5 and the corresponding entries relating thereto, the following shall be substituted, namely:—
Name
Extent
18 of 1987.
"4. Dadra and Nagar Haveli The territory which immediately before the eleventh and Daman and Diu day of August, 1961 was comprised in Free Dadra and Nagar Haveli and the territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987.".
PART III
Representation in the House of the People
43 of 1950.
6. Allocation of seats in House of People.— On and from the appointed day, there shall be allocated two seats to the Union territory of Dadra and Nagar Haveli and Daman and Diu in the House of the People and the First Schedule to the Representation of the People Act, 1950 shall be deemed to be amended accordingly.
7. Provisions as to sitting members.— (1) Every sitting members of the House of the People representing any Parliamentary constituency, which, on the appointed day, by virtue of the provisions of section 5, stands allotted, with or without alteration of boundaries, be deemed to have been elected to that House by that constituency.
43 of 1950.
Explanation.— For the purposes of this sub-section "parliamentary constituency" shall have the same meaning as assigned to it in the Representation of the People Act, 1950.
(2) The term of office of such members shall remain unaltered.
PART IV
High Court
8. Extension of jurisdiction of High Court of Bombay.— On and from the appointed day, the jurisdiction of the High Court of Bombay shall continue to extend to the Union territory of Dadra and Nagar Haveli and Daman and Diu.
PART V
Assets and Liabilities
9. Land and goods.— Subject to the other provisions of this Part, all land and all stores, articles and other goods held immediately before the appointed day, by the existing Union territories, shall, on and from that day, vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu.
Explanation.— For the purposes of this section, the expression "land" includes immovable property of every kind and any rights in or over such property and the expression "goods" does not include coins, bank notes and currency notes.
10. Cash balances.— The total of the cash balances in all treasuries, the Reserve Bank of India, the State Bank of India and any nationalised bank, of the existing Union territories immediately before the appointed day shall be merged in the Union territory of Dadra and Nagar Haveli and Daman and Diu.
11. Arrears of tax.— (1) The right to recover arrears of any tax or duty (including arrears of land revenue) on any property situated in the existing Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu.
(2) The right to recover arrears of any tax or duty, other than a tax or duty specified in sub- section (1), shall belong to the Union territory of Dadra and Nagar Haveli and Daman and Diu.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 202112. Right to recover loans and advances.— The right to recover any loans or advances made by the existing Union territories before the appointed day to any local body, society, agriculturist or other person shall belong to the Union territory of Dadra and Nagar Haveli and Daman and Diu.
13. Assets and liabilities of Union territory undertakings.— The assets and liabilities relating to any commercial undertaking of the existing Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu.
14. Refund of taxes collected in excess.—
The liability of the Union to refund—
(a) any tax or duty on property, including land revenue collected in excess shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu;
(b) any other tax or duty collected in excess shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu.
of section 15 apply or to a person on deputation from any State.
(2) As soon as may be, after the appointed day, the Central Government shall by general or special order, determine whether every person referred to in clause (b) of sub-section (1) shall be finally allotted for service in the Union territory of Dadra and Nagar Haveli and Daman and Diu and the date with effect from which such allotment shall take effect or be deemed to have taken effect.
(3) As soon as may be after the Central Government passes orders finally allotting an employee in terms of sub-section (2), the Union territory of Dadra and Nagar Haveli and Daman and Diu shall take steps to integrate the employee into the services under its control in accordance with such special or general orders or instructions as may be issued by the Central Government from time to time in this behalf.
PART VI
Provisions as to Services
15. Provisions relating to All India Services.— The members of each of the All India Services borne on the existing Union territories cadre immediately before the appointed day shall continue to be in the cadre of the same service of the existing Union territory in which they stand allocated before the appointed day.
16. Provisions relating to other services.— (1) Every person employed in connection with the affairs of the existing Union territories and serving immediately before the appointed day in the existing Union territories shall, on and from that day,—
(a) continue to serve in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu; and
(b) be deemed to be provisionally allotted to serve in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu:
Provided that nothing in clause (b) shall apply to a person to whom the provisions (4) The Central Government may, by order establish one or more Advisory Committees for the purpose of assisting it in regard to ensuring of fair and equitable treatment to all persons affected by the provisions of this section and proper consideration of any representations made by such persons:
Provided that notwithstanding anything to the contrary contained in any law for the time being in force, no representation shall be against any order passed by the competent authority on matters arising out of the division and integration of services under this Act, on the expiry of three months from the date of publication or service of such order, whichever is earlier:
Provided further that, notwithstanding anything contained in the preceding proviso, the Central Government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such order thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee.
(5) Nothing in this section shall be deemed to affect, on or after the appointed day, the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu:
Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government.
(6) All services prior to the appointed day rendered by a person allotted under sub- -section (2) in connection with the affairs of the existing Union territories shall, for the purposes of the rules regarding his conditions of service, be deemed to have been rendered in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu.
(7) The provisions of this section other than clause (a) of sub-section (1) shall not apply in relation to any person to whom the provisions of section 16 apply.
PART VII
Legal and Miscellaneous Provisions
17. Extension of laws.— All laws which immediately before the appointed day extend to, or are in force in, existing Union territories shall, on and from the appointed day, continue to be in force in those areas in respect of which they were in force immediately before that day.
18. Power to construe laws.— Any court, tribunal or authority required or empowered to enforce any law extended to the Union territory of Dadra and Nagar Haveli and Daman and Diu by section 17 may, for the purpose of facilitating its application in relation to the Union territory of Dadra and Nagar Haveli and Daman and Diu, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.
19. Power to adapt laws.— For the purpose of facilitating the application of any law in relation to the Union territory of Dadra and Nagar Haveli and Daman and Diu, the Central Government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
20. Legal proceedings.— Where, immediately before the appointed day, the existing Union territories is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the Union territory of Dadra and Nagar Haveli and Daman and Diu under this Act, the Union territory of Dadra and Nagar Haveli and Daman and Diu shall be deemed to be substituted for the existing Union territories as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.
21. Transfer of pending proceeding.— (1) Every proceeding pending immediately before the appointed day before any court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the existing Union territories shall, stand transferred to the corresponding cour t, tribunal, authority or officer in the Union territory of Dadra and Nagar Haveli and Daman and Diu.
(2) In this section,—
(a) "proceeding" includes any suit, case
or appeal; and
(b) "corresponding court, tribunal, authority or officer", in the Union territory of Dadra and Nagar Haveli and Daman and Diu, means—
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if the proceeding had been instituted after the appointed day, or OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 (ii) in case of doubt, such court, tribunal, authority or officer in that Union territory as may be determined after the appointed day by the Administrator of the Union territory of Dadra and Nagar Haveli and Daman and Diu, or before the appointed day by the existing Union territories, to be the corresponding court, tribunal, authority or officer.
Explanation.— For the purposes of this sub-section, "Administrator" means the administrator appointed by the President under article 239 of the Constitution.
22. Effect of provisions inconsistent with other laws.— The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
23. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of three years from the appointed day.
(2) Every order made under this section shall be laid before each House of Parliament.
———ttt———
Department of Personnel –– Order
7/2/2020-PER/421
Sanction is hereby accorded for revival of one post of Junior Assistant in Pay Level—2 as per Central Civil Services (Revised Pay) Rules, 2016, Goa Public Service Commission, Panaji-Goa.
The expenditure on the above post shall be debited to the Budget Head 2051—Public Ser vice Commission; 102—State Public Service Commission; 01—State Public Service Commission (Charged); 01—Salaries.
This issues with the approval of the Government and concurrence of Finance (Revenue & Control) Department vide their U.O. No. 1400077278 dated 16-01-2021.
By order and in the name of the
Governor of Goa.
Maya Pednekar, Under Secretar y
(Per-II).
Porvorim, 10th February, 2021.
_______
Notification
6/4/2006-PER/252
The Government of Goa is pleased to notify
the following scheme,—
1. Short title and commencement.— (1) This scheme shall be called "Self Financing Management Education Programme Scheme to Group "A" Officers of Goa, 2020".
(2) The scheme shall come into force with immediate effect, in supersession of the earlier scheme viz. Management Education Programme Scheme to Group 'A' Officers of the State of Goa, 2006.
2. Introduction.— (1) Multi dynamics of Governance require that the senior level officers should be well acquainted with modern management techniques, to ensure better service deliver y and achieve a level of competence on par with the modern day industries.
(2) A scheme was earlier introduced by the Government to sponsor the officers for the Executive M.B.A. programme being conducted by Goa Institute of Management, notified vide Notification No. 6/4/2006-PER dated 07-12-2006 published in the Official Gazette, Series I No. 40 dated 04-01-2007.
(3) It is necessary that the officers at various levels in Group "A" require to learn modern management techniques to improve service delivery and achieve a level of competence on par with the modern day industries. Therefore, this scheme is framed to allow Group "A" officers to study Executive M.B.A. (Post- Graduate Diploma in Business Management- OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 Part Time) Programme at the Goa Institute of Management, Sankhalim-Goa on self financing basis.
3. Objectives.— The main objectives of the
scheme are as follows:
(1) To enhance the managerial skills of the
Senior Officers of Goa.
(2) To equip the Senior Officers of Goa with modern day management techniques, thus enabling them to efficiently and effectively utilize various resources at hand.
(3) To increase the level of competence of Senior Officers of Goa in each specialized field of management to make them more responsive to the demands of the industry and the changing level and scenario of corporate and secretarial governance.
(4) To ensure high level of performance on
par with the best in corporate/industry.
4. Eligibility and other condition.— The eligibility and other conditions under the scheme are as follows:
(1) Every year, ten (10) Group "A" Officers of Goa shall apply to study the Executive MBA (Post Graduate Diploma in Business Management-Part Time) Programme at the Goa Institute of Management, Sankhalim, Goa on self financing basis. This is however subject to Officers clearing the screening test being conducted by the Goa Institute of Management for the purpose of selection.
(2) The study programme shall be conducted by the Goa Institute of Management, Sankhalim-Goa and the Officers who apply to study said programme are required to adhere to the academic schedule prescribed by the Institute and follow the instructions issued by the Dean/Faculty (incharge) from time to time.
(3) Only those Officers who have secured 50% and above marks at their Graduate/Post Graduate level examination shall be eligible to be considered under the scheme.
(4) Only those Officers, who are below the age of 50 years as on the date of commencement of the course, are eligible to be considered under this scheme.
(5) All the Fees payable towards this study programme and other expenditure towards purchase of reading material, books, stationery, etc. are to be borne by the officers from their own sources, as it is a self financing study programme.
(6) The study programme is normally scheduled on weekends or after office hours during the week, which will be decided by the Institute in consultation with the Government. If any of the classes, are required to be conducted during working hours, than special casual leave shall be granted to the Officers. This leave shall not exceed more than 30 days in a year, including examination days. However, no TA/DA shall be paid to the Officers to attend the classes.
(7) The Officers are expected to complete the programme within the time period of two years. However, extension of additional three years may be granted for passing examination.
(8) The Officer is required to execute a bond stating that he/she will not leave the job for 5 years from the date of admission to the above course.
5. Application Procedure.— (1) The Department of Personnel, shall issue a circular every year, inviting self contained applications from the eligible Group 'A' Officers of Goa, within the time limit prescribed.
(2) The application of the Officer should contain all relevant information and a brief statement of purpose including a profile on his/ her desire to join and study the programme.
(3) In case there are more than 10 Officers applying, preference would be given based on their seniority/date of birth.
(4) The Depar tment of Personnel shall intimate the concerned officer about his nomination for the programme after which he/ she is expected to answer and clear the screening test being conducted by the Institute.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 20216. Miscellaneous and Residuary matters.— (1) The Government of Goa, shall execute a Memorandum of Understanding/Agreement with the Goa Institute of Management, Sankhalim-Goa, for this purpose.
(2) In case any dispute arises out of implementation of this scheme then the decision of the Government of Goa on the dispute shall be final.
(3) The Government of Goa, may relax any of the conditions prescribed under the scheme, if deemed to be necessary.
By order and in the name of the
Governor of Goa.
Meghana V. Shetgaonkar, Joint Secretary
(Personnel).
Porvorim, 18th January, 2021.
________
Notification
1/14/2014-PER (Part)
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the recruitment rules published vide Government Notifications specified in rule 7 hereto, the Governor of Goa hereby makes the following rules to regulate the recruitment to the Group 'C', Ministerial, Non-Gazetted, Common posts (outside Secretariat) under the Government of Goa, namely:—
1. Short title, application and commence- ment.— (1) These rules may be called the Government of Goa, Group 'C', Ministerial, Non- Gazetted, Common posts (outside Secretariat), Recruitment Rules, 2021.
(2) They shall apply to the posts specified in column (2) of the Schedule to these rules (hereinafter called as the "said Schedule").
(3) They shall come into force on the date
of their publication in the Official Gazette.
2. Number, classification and level in the pay matrix.— The number of posts, classification of the said posts and the level in the pay matrix attached thereto shall be as specified in columns (3) to (5) of the said Schedule.
3. Method of recruitment, age limit and other qualifications.— The method of recruitment to the said posts, age limit, qualifications and other matters connected therewith shall be as specified in columns (6) to (14) of the said Schedule.
4. Disqualification.— No person who has entered into or contracted a marriage with a person having a spouse living or who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
5. Power to relax.— Where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
6. Saving.— Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex servicemen and Other Special Categories of persons in accordance with the orders issued by the Government from time to time in that regard.
7. These rules are issued in supersession of,— (1) The Government Notification No. 1/ /6/83-PER (Vol. II) (Pt. II) dated 01-02-2010, published in the Official Gazette, Series I No. 46 dated 11-02-2010, for the post of Senior Stenographer;
(2) The Government Notification No. 1/6/ /83-PER dated 22-03-2006, published in the Official Gazette, Series I No. 51 dated 23-03-2006 for the post of Junior Stenographer.
By order and in the name of the
Governor of Goa.
Vishal C. Kundaikar, Under Secretar y
(Personnel-I).
Porvorim, 29th January, 2021.
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e h p a OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 46 11TH FEBRUARY, 2021 Department of Settlement and Land
Records
Directorate of Settlement and Land Records ___
Order
1/DSLR/EST/33/2020/358
In pursuance to the Office Memorandum vide No. 1/2/2012-PER dated 21-11-2016 issued by the Department of Personnel, Government of Goa and the approval of the Under Secretary (Revenue-I), Revenue Department, Secretariat, Porvorim conveyed vide letter No. 26/0/03/2020-RD/4 dated 11-12-2020, Staff Holder, Group 'D' post in the Directorate of Settlement & Land Records, Panaji stand upgraded to Group 'C' in the Level 1 of Pay Matrix as per the CCS (Revised Pay) Rules, 2016 (Pre-revised Scale in Pay Band-1, Rs. 5,200-20,200+Grade Pay Rs. 1,800/-) and have been re-designated as "Multi Tasking Staff".
Pay and allowances of the above post after re-designation shall be debited to the Budget Head under which said post were initially created.
By order and in the name of the Governor
of Goa.
Johnson B. Fernandes, Director (Settlement
& Land Records).
Panaji, 29th January, 2021.
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