Panaji, 21st May, 2020 (Vaisakha 31, 1942)
SERIES II No. 8
87
Suggestions are welcomed on e-mail: [email protected]
PUBLISHED BY AUTHORITY
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2018-20
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
Order
No. 2/18/2018-19/D.Agri (Part)/128
Ex-post facto approval of the Government is
hereby accorded to extend the deputation period
of Smt. Kameshwari Raikar, Agriculture Officer
against the post of Soil Survey Incharge in Water
Resources Department for another year with effect
from 01-04-2020 to 31-03-2021.
The deputation of Smt. Kameshwari Raikar, shall
be governed by standard terms and conditions
of deputation as contained in the O.M. No. 13/4/74-
-PER dated 12-02-1999 and amended from time to
time.
By order and in the name of the Governor of
Goa.
Nevil Alphonso, Director & ex officio Jt. Secretary
(Agriculture).
Tonca-Caranzalem, 11th May, 2020.
________
Order
No. 8/86/2019-20/D.Agri/130
Read:1) Oral Judgment dated 24-25th September,
2019 passed by Hon’ble High Court of
Bombay at Goa Bench in Writ Petition
No. 613/2011.
2) Memorandum No. 8/2/2010/D.Agri/205
dated 28-07-2011 & acceptance dated
03-10-2019 from Shri Mahesh Laxman
Kankonkar.
On the recommendation of the Goa Public
Service Commission as conveyed vide their
minutes/letter No. COM/I/5(1)/93-99/Vol.I (Part File)/
/197 dated 30-07-2010 and the Judgment dated
24-25th September, 2019 in Writ Petition No. 613/2011,
the Governor of Goa is pleased to appoint the
candidate/Petitioner Shri Mahesh Laxman
Kankonkar under Scheduled Tribe Category against
the post of Assistant Agriculture Officer as
probationer to the Group ‘B’ Gazetted under the
Government of Goa, in the Pay Scale of PB-II
Rs. 9300-34800+Grade Pay of Rs. 4200 (which is
now Level 6 of the Pay Matrix of 7th Pay
Commission) with effect from 01-10-2011. The Pay
will be fixed in accordance with the Central Civil
Service Pay Rules. As per the judgment he will not
claim differential salary.
Shri Mahesh L. Kankonkar has been declared
medically fit by the Medical Board of Goa Medical
College and Hospital, Bambolim-Goa. The letter to
verify their character and antecedent is sent to the
concerned District Magistrate, the same will be
communicated to the concerned departments
when received.
The above candidate shall be on probation for a
period of two years with effect from the date of
joining.
The Budget Head for drawal of his pay and
allowances shall be indicated in the order of his
posting.
His appointment shall be subject to the
verification of his character and antecedent by the
concerned District Collector and on verification of
the genuineness of educational qualification
certificates and caste certificate (if applicable) and
verification of his character & antecedent which
will have to be produced by him within 03 months
from the date of joining the service.
By order and in the name of the Governor of
Goa.
Nevil Alphonso, Director & ex officio Jt. Secretary
(Agriculture).
Tonca-Caranzalem, 11th May, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
88
Order
No. 8/86/2019-20/D.Agri/143
Read: Appointment Order No. 8/86/2019-20/
/D. Agri/130 dated 11-05-2020.
On appointment as Assistant Agriculture Officer,
Group ‘B’ Gazetted, Shri Mahesh L. Kankonkar (ST)
is posted at District Agriculture Office, South
against the vacant post.
The pay and allowances of Shri Mahesh L.
Kankonkar shall be drawn from the Budget Head
2401-00-001-03-01.
By order and in the name of the Governor of
Goa.
Nevil Alphonso, Director & ex officio Jt. Secretary
(Agriculture).
Tonca, Caranzalem, 11th May, 2020.
———uuu———
Department of Animal Husbandry &
Veterinary Services
__
Order
No. 2/13/95-AH/PF/2020-21/531
On the recommendation of the Goa Public
Service Commission, as conveyed under letter
No. COM/II/11/3(1)/96-08/487 dated 05-05-2020,
Government is pleased to promote Dr. Prashant V.
Naik to the post of Deputy Director (Group “A”
Gazetted) on regular basis in the Directorate of
Animal Husbandry & Veterinary Services, Panaji,
in the Pay Scale PB 3: Rs. 15,600-39,100+G.P.
Rs. 6,600/- (Level-11 of the 7th Pay Commission)
plus admissible allowances as applicable under
rules with immediate effect.
Dr. Prashant V. Naik upon promotion is posted
at the Head Office, Panaji and shall draw his
salary against the Budget Head 2404–Dairy
Development; 00–; 102–Dairy Development Projects;
08–Special Livestock Breeding Programme (Plan);
01–Salaries.
Since the promotion is from one Group ‘A’ Post to
another Group ‘A’ Post, there is no probation period
as per the Office Memorandum No. 12/14/89-PER(Part)
dated 12-08-2014.
By order and in the name of the Governor of
Goa.
Dr. Santosh V. Desai, Director & ex officio Joint
Secretary (AH).
Panaji, 11th May, 2020.
Department of Education, Art & Culture
Directorate of Art & Culture
—
Order
No. DAC/GIA/Committees/RBM/2020-21/246
Read: Letter No. 6/10/2017-PER/512 dated
13-02-2020 issued by the Department of
Personnel, Government of Goa.
In exercise of powers conferred by Clause 24 of
the Constitution of Ravindra Bhavan, Margao-Goa
and in confirmation with the above read letter,
Government is pleased to appoint Secretary, Art &
Culture as Administrator of Ravindra Bhavan,
Fatorda, Margao-Goa with immediate effect.
This supersedes the earlier Order No. DAC/GIA/
/Committees/RBM/2019-20/5378 dated 26-11-2019.
This issues with the approval of the Government.
By order and in the name of the Governor of
Goa.
Sagun R. Velip, Director & ex officio Jt. Secretary
(Art & Culture).
Panaji, 14th May, 2020.
———uuu———
Department of Fisheries
Directorate of Fisheries
__
Order
No. 2-1-81-FSH
In exercise of the powers conferred by sub-
sections (1) and (2) of Section 4 of the Goa, Daman
and Diu Marine Fishing Regulation Act, 1980 (Act
No. 3 of 1981), the Government of Goa, having
regard to the need to conserve fish, hereby
prohibits fishing by fishing vessels fitted with
mechanical means of propulsion and by means of
trawl-net and purse-seine net, except fishing by
registered motorized canoes using gill nets only,
and fitted with outboard or inboard motors, of upto
10 HP capacity, as a means of propulsion, along the
sea coast of the State of Goa and the territorial
waters of the State of Goa, with effect from 1st
June, 2020 till 31st July, 2020 (both days inclusive).
By order and in the name of the Governor
of Goa.
Dr. Shamila Monteiro, Director & ex officio Joint
Secretary (Fisheries).
Panaji, 19th May, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
89
Department of General Administration
__
Order
No. TA/ARD/GA&C-Vol. V/93
On the recommendation of the Departmental
Promotion Committee as conveyed by the Goa
Public Service Commission vide their Letter No.
COM/II/11/42(2)/2013/474 dated 04-05-2020,
Government is pleased to promote the following
Senior Assistants to the post of Technical Officer
(Group ‘B’ Gazetted) in Secretariat, Porvorim, Goa,
on regular basis in Level 7 of the Pay Matrix as per
C.C.S. (Revised Pay) Rules, 2016, with immediate
effect:-
Sr.
Name of the officer
No.
1.
Smt. Sakshi S. Konadkar.
2.
Shri Uday Pandharinath Karekar.
The above Officers shall be on probation for a
period of two years from the date of their joining
the post and shall have to pass the Basic
Management Service Course during the probation
period.
The above Officials shall exercise their option
for fixation of pay in the promotional grade in terms
of F.R. 22(I)(a)(1) within a period of one month. The
option once exercised shall be final.
The expenditure towards pay and allowances of
the Officers shall be debited to the following
Budget Heads:-
Sr.
Name of the
Budget Head
No.
officers
1. Smt. Sakshi S.
2052 – Secretariat General
Konadkar
Services;
00 –
090 – Secretariat (Non-Plan);
01 – Department of Personnel
& A. R.;
01 – Salaries.
2. Shri Uday
3451 – Secretariat Economic
Pandharinath
Services;
Karekar
00 –
090 – Secretariat (Non-Plan);
05 – Tourism, Information &
Transport Department;
01 – Salaries.
Consequent upon their promotion, they are
posted in the Administrative Reforms Department,
Secretariat, Porvorim.
By order and in the name of the Governor of
Goa.
Shripad Arlekar, Under Secretary (GA-I).
Porvorim, 13th May, 2020.
———uuu———
Department of Labour
__
Notification
No. 28/2/2020-LAB/Part-I/283
The following Award passed by the Labour
Court-II, at Panaji-Goa on 13-03-2020 in Case
No. Ref. LC-II/IT/04/18 is hereby published as
required under Section 17 of the Industrial Disputes
Act, 1947 (Central Act 14 of 1947).
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 12th May, 2020.
______
IN THE LABOUR COURT-II
GOVERNMENT OF GOA
AT PANAJI
(Before Shri Suresh N. Narulkar, Hon’ble
Presiding Officer)
Case No. Ref. LC-II/IT/04/18
Ms. Vrunda V. Shet Verenkar,
R/o. Savoi Verem,
Ponda-Goa.
…
Workperson/Party-I
V/s
M/s. Savoi Verem V.K.S.S.
Society Ltd.,
Banking Section,
Bazar, Savoi Verem,
Ponda-Goa.
…
Employer/Party-II
Workperson/Party-I represented by Adv. Mrs.
Harsha Naik.
Employer/Party-II represented by Adv. P. Chawdikar.
Panaji, dated: 13-03-2020
AWARD
1. In exercise of the powers conferred by
Clause (c) of sub-section (1) of Section 10 of the
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
90
Industrial Disputes Act, 1947 (Central Act 14 of
1947) the Government of Goa, by Order dated
02-04-2018, bearing No. 28/5/2018-LAB/231 referred
the following dispute for its adjudication to this
Labour Court-II of Goa at Panaji-Goa.
“(1) Whether, the action of the management of
M/s. Savoi-Verem V.K.S.S. Society Limited,
Banking Section, Bazar, Savoi Verem, Ponda,
Goa in terminating the services of
Ms. Vrunda V. Shet Verenkar, Credit Counter
In-charge, with effect from 05-08-2017, is legal
and justified?
(2) If not, to what relief the Workperson is
entitled?”
2. On receipt of the reference, a case
was registered under No. LC-II/IT/04/2018 and
registered A/D notice was issued to the Parties. In
pursuance to the said notice, the Parties put in
their appearance. The Workperson/Party-I (for short
‘Workperson’), filed her Statement of Claim on
14-11-2018 at Exb. 6. The facts of the case in brief
as pleaded by the Workperson are that she was
working as ‘Credit Counter In-charge’ with the
Employer/Party-II (for short ‘Employer’). She stated
that she was issued an appointment order dated
08-08-2011. She stated that she was working with
the Employer at its Banking Section, Bazar,
Savoi-Verem, Ponda, Goa with effect from
04-08-2011. She stated that she was drawing
consolidated salary of Rs. 9,700/- per month. She
stated that she was regular in service and because
of overload of the work, there might be some
mistakes, but every time she assures them that she
is responsible for every mistake. She stated that
the Employer used to defame her by putting posters
in the village, giving false information about her in
all related banks, by making false complaints and
not attending the police station in time and after
6.30 p.m. sending the constable behind her and
family, to torture and frighten by coming at home
etc. She stated that all the aforesaid torture gave
her a mental stress. She stated that her health is
deteriorated and she is under depression. She
stated that she was harassed, defamed and
mentally tortured without her any fault. She stated
that she was refused the employment without
assigning any reason. She submitted that the said
refusal of employment to her, amounted to illegal
termination of her services. She submitted that the
termination of her services is illegal, unjustified
and bad-in-law. She submitted that she demanded
for reinstatement with full back wages and
continuity in service which was turned down by
the Employer. The Workperson therefore prayed for
reinstatement with full back wages and continuity
in service. The Workperson also prayed for an
amount towards the bonus as per law as well as
arrears from August, 2011 and also an amount
towards salary from June, 2017 till date.
3. The Employer resisted the claim of the
Workperson, by filing its written statement on
22-02-2019 at Exb. 8. The Employer, as and by way
of its preliminary objections, submitted that the
claim of the Party I in the present reference is not
an ‘industrial dispute’ as defined u/s 2 (k) of the
I.D. Act, 1947, that the Party I was employed in the
managerial and supervisory cadre and hence,
cannot be considered as a ‘workman’ within the
meaning of Section 2 (s) of the I.D. Act, 1947, that
the Employer is not an ‘industry’ as defined u/s
2 (j) of the I.D. Act, 1947 and that there is
non-application of mind by the Appropriate
Government, while referring the present dispute.
4. The Employer stated that it is a Co-operative
Credit Society registered under the Maharashtra
Co-operative Societies Act, then applicable to the
State of Goa at the time of registration of the society
and is presently governed by the provisions of the
Goa Co-op. Societies Act, 2001. The Employer stated
that the Party I was appointed as Bank In-charge/
/Credit Counter In-charge from 04-08-2011 vide its
letter dated 08-08-2011. The Employer stated that
as a Bank In-charge, the Party I was supposed to
undertake the jobs such as, to keep day to day
accounts of the credit counter, to write the cash
book, ledgers of all the accounts, to handle the
cash in credit counter, to prepare loan proposal
and produce the same before the Employer for
approval, to prepare profit, loss and balance sheet
and produce before the Employer in monthly
meetings, to verify weight of gold and disburse
gold loan as per the rates fixed by the Employer, to
keep the gold in safe deposit lockers in Goa State
Co-op. Bank Ltd., Ponda Branch, to make all the
schedules and statements of banking counter for
audit and produce to the auditor when the audit
is undertaken, to computerize all the accounts of
the society and other clerical, supervisory and
managerial duties as per requirements.
5. The Employer stated that Party I was given
sympathetic and considerate approach by them on
humanitarian grounds looking at her mother’s
illness and poor family background. The Employer
stated that the Party I enjoyed extra days full pay
leave and her duty timings were adjusted as per
her convenience. The Employer stated that inspite
of this facilities, she was non-co-operative with the
other staff. The Employer stated that the Party I
OFFICIAL GAZETTE — GOVT. OF GOA
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21ST MAY, 2020
91
herself did not complete the work in time, cash
book was not written daily, ledgers were not written
as per requirements. The Employer stated that even
though the Party I promised to use computer, but
never kept her promise and help rendered by the
executive committee was turned down by non-co-
operation. The Employer stated that the aforesaid
act on the part of the Party I resulted in delay of
audit for various years as a result, they got bad
name because of her attitude and casual nature.
The Employer stated that on account of the same,
its Board of Directors decided to bring
administrative discipline in the institution. The
Employer stated that the staff was instructed to
sign the muster roll immediately after joining the
duty and that they were also informed that the
payment will be made by cheque henceforth. The
Employer stated that the Party I did not obey the
said instructions. The Employer stated that the
Party I did not sign the muster roll and every time,
she used to withdraw the salary of the credit
counter staff by cash. The Employer stated that
the Party I, when asked about completion of
accounts and preparation of necessary reports for
audit, she refused to submit the same. On the
contrary, she remained absent unauthorizedly
without even applying for leave. The Employer
stated that the Party I did not report for duty from
04-06-2017 for the reasons best known to her. The
Employer stated that several letters were sent to
her at her residential address by registered A/D,
but she refused to accept the same. The Employer
stated that the Party I was requested to report for
duty and give explanation about her misconduct.
The Employer stated that the Party I had the key
of its safe deposit’s locker in her possession and
the gold ornaments of the customers, who had
taken jewellery loan, were deposited in the locker.
The Employer stated that its Director requested
the Party I personally as well as through letters to
return the key of the locker, but she refused to do
so. The Employer stated that a police complaint
dated 20-07-2017 was registered and the possession
of the key with the gold was taken in presence of
witnesses and the police personnel. The Employer
stated that while going through the accounts book
written by the Party I, they found that she has
withdrawn the salary more than she was supposed
to, disbursed loan more than the fixed rate of gold,
some entries were missing in cash book and inspite
of repeated request to return on duty and rectify
the faults, she made false allegations against its
Directors taking a undue advantage of her being a
woman. The Employer stated that they have
recruited new employees in place of Party I as
their work was getting hampered because of her
adamant and arrogant behaviour and indiscipline.
The Employer stated that they are responsible for
the proper functioning of the institution and they
could not tolerate indiscipline and false allegations
against the Directors. The Employer stated that
the Party I remained absent unauthorizedly and
thereafter approached the office of the Assistant
Labour Commissioner, Ponda, Goa with her false
claim and grievances. The Employer stated that
the claim statement filed by the Party I before this
Hon’be Court is devoid of merits, filed without
application of mind and hence, liable to be
dismissed with exemplary costs. The Employer
denied the overall case as pleaded by the Party I
and prayed for dismissal of the present reference.
6. Thereafter, the matter was fixed for filing
Re-joinder of the Party I on 12-03-2019. The Party I
has however, failed to file the Re-joinder, though
several opportunities were given to her. Hence the
Re-joinder was treated as not filed and case was
adjourned for framing issues.
7. Based on the pleadings filed by the parties,
this court framed the following issues on
11-06-2019 at Exb. 9.
1. Whether the Workman/Party I proves that
the action of the Employer in terminating
her services w.e.f. 05-08-2017 is illegal and
unjustified?
2. Whether the Employer/Party II proves that
the reference is not maintainable in view of
the preliminary objections raised in para
(A) to (D) of the written statement?
3. Whether the Workmen are entitled for any
relief?
4. What Order? What Award?
8. My answers to the aforesaid issues are as
under:
(a) Issue No. 1
: In the negative.
(b) Issue No. 2
: In the negative.
(c) Issue No. 3 & 4 : As per final order.
REASONS
None present for the Workperson at the time of
final arguments. Ld. Adv. Shri P. Chawdikar,
appeared for the Employer.
9. Ld. Adv. Shri P. Chawdikar, representing the
Employer, during the course of his oral arguments
submitted that the present reference has been
issued at the instance of the Workperson who
raised the dispute pertaining to termination of her
OFFICIAL GAZETTE — GOVT. OF GOA
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92
services by contending to be illegal and unjustified.
He submitted that the Workperson also filed her
claim statement contending that her termination
of service is illegal and unjustified. He submitted
that the Employer resisted the claim of the
Workperson by filing its written statement. He
submitted that however, the Workperson could not
filed her rejoinder to the written statement of the
Employer. He submitted that based on the
pleadings filed by the parties, this court framed
certain issues. He submitted that the burden was
put on the Workperson to prove that her termination
from service w.e.f. 05-08-2017 is illegal and
unjustified. He submitted that however, the
Workperson did not lead any evidence either oral
or documentary in support of her statement of claim.
He therefore submitted that, since the Workperson
failed to adduce any evidence either oral or
documentary in support of her claim statement,
she failed to prove that her termination from service
is illegal and unjustified and consequently, she
is not entitled to any relief including the
reinstatement in service with full back wages and
consequential benefits thereof. In support of his
oral submissions, Ld. Adv. Shri P. Chawdikar relied
upon two decisions, one in the case of V.N.S.
Engineering Services v/s. Industrial Tribunal of
Goa, Daman and Diu and Anr., reported in 1987
II LLN 968 of Hon’ble High Court of Bombay and
another in the case of V. K. Raj Industries v/s
Labour Court (I) and Ors., reported in 1981 (29)
FLR, 194 of Hon’ble High Court of Allahabad.
I have carefully perused the entire records of
the present case. I have also carefully considered
the submissions made by Ld. Adv. Shri P. Chawdikar,
appearing for the Employer.
10. In the case of V.N.S. Engineering Services
(supra), the Hon’ble High Court of Bombay has
held that “there is nothing in the Industrial Disputes
Act, 1947 that indicates a departure from the general
rule that he who approaches a court for relief, should
prove his case i.e. the obligation to lead evidence to
establish an allegation. The test being that he who
does not lead evidence, must fail. The Hon’ble High
Court of Bombay further held that the provisions of
Rule 10-B of the I.D. (Central Rules), 1957 which
requires the party raising a dispute to file a
statement of demands relating only to the issue in
the order of reference for adjudication within 15
days from the receipt of the order of reference and
forward copies to the opposite party involved, clearly
indicates that the party who raises the industrial
disputes is bound to prove the contention raised by
him and an Industrial Tribunal or Labour Court
would be erring in placing the burden of proof on
the other party to the dispute”.
11. In the case of V. K. Raj Industries (supra),
the Allahabad High Court has held that “the
proceedings before the Industrial Tribunal are
judicial in nature, even though the Indian Evidence
Act, is not applicable to the proceeding before the
Industrial Court, but the principle underlying the
said Act are applicable.” The High Court further
held that “it is well settled that if a party challenges
the validity of an order and if no evidence is
produced, the party invoking the jurisdiction must
fail. The High Court has also held that if the
Workman fails to appear or to file written statement
or produce evidence, the dispute referred by the
Government cannot be answered in favour of the
Workman and he will not be entitled any relief”.
12. The principle laid down by the Hon’ble
High Court in its respective case is well established.
Applying the law laid down by the Hon’ble High
Court, in the instant case, the order of reference
has been issued by the Government of Goa at the
instance of the Workperson, who has raised the
present dispute pertaining to the legality and
justifiability of the action of the Employer in
terminating her services w.e.f. 05-08-2017 and the
relief entitled to her. The Workperson filed her
statement of claim setting forth her grounds of
attack. The said pleadings made by the
Workperson, in her claim statement has been
denied by the Employer in its written statement
filed in the present proceedings. Therefore, it was
mandatory for the Workperson to prove her case
that the action of the Employer in terminating her
services w.e.f. 05-08-2017 is illegal and unjustified
and therefore she is entitled for the relief. However,
neither the Workperson nor the Employer has lead
any evidence either oral or documentary in support
of their pleadings respectively. Consequently, the
parties failed to prove their case as pleaded. Hence,
it is held that the Workperson failed to prove that
the action of the Employer in terminating her
services w.e.f. 05-08-2017 is illegal and unjustified.
The Employer also failed to prove that the reference
is bad-in-law for any reasons as stated in its written
statement by way of preliminary objections. Hence,
in the absence of any evidence, it is held that the
action of the Employer in terminating her services
w.e.f. 05-08-2017, is legal and justified. The
Workperson is therefore not entitled to any relief.
The issue No. 1 to 3 are therefore answered in the
negative.
In view of the above, I proceed to pass the
following order:
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
93
ORDER
1. It is held that the action of the management
of M/s. Savoi-Verem V.K.S.S. Society Limited,
Banking Section, Bazar, Savoi Verem, Ponda,
Goa in terminating the services of
Ms. Vrunda V. Shet Verenkar, Credit Counter
In-charge, with effect from 05-08-2017, is
legal and justified.
2. The Workperson, Ms. Vrunda V. Shet
Verenkar, is not entitled to any relief.
3. No order as to costs.
Inform the Government accordingly.
Sd/-
(Suresh N. Narulkar)
Presiding Officer,
Labour Court-II.
________
Notice
No. 24/09/2020-LAB/282
Whereas, the Government of Goa is of the
opinion that it is expedient to require employers of
Industrial Establishments in the State of Goa,
wherein 50 or more workmen are employed or were
employed on any day of the preceding twelve
months, to define with sufficient precision the
conditions of employment under them and to make
the said conditions known to workmen employed
by them;
Now, therefore, in pursuance of the proviso to
sub-section (3) of Section 1 of the Industrial
Employment (Standing Orders) Act, 1946 (Central
Act 20 of 1946), (hereinafter referred to as the “said
Act”) and in supersession of the Notification dated
16-01-1975 published in the Official Gazette,
Series II No. 44 dated 30-01-1975, the Government
of Goa, hereby gives notice of its intention to apply
the provisions of the said Act after expiry of two
months from the date of publication of this
Notification in the Official Gazette to every
Industrial Establishment within the State of Goa
wherein 50 or more workmen are employed or were
employed on any day of the preceding twelve
months.
By order and in the name of the Governor
of Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 08th May, 2020.
Department of Law & Judiciary
Law (Establishment) Division
__
Order
No. 5-40-96/LD(16)/831
Whereas, the Government vide Notification No.
5-40-96/LD(16) dated 12-09-1996, published in the
Official Gazette, Series II No. 36 dated 05-12-1996,
appointed Mr. Noel P. Afonso, Advocate (hereinafter
referred as the “Applicant”) as a Notary for period
of three years with effect from 12-09-1996, in and
throughout the area of Margao Judicial Senior
Division;
And whereas, the Government vide Certificate
of Practice dated 12-09-1996 has certified that the
Applicant is authorised to practice as a Notary for
a period of three years from 12-09-1996 in and
throughout the area of Margao Judicial Senior
Division;
And whereas, the Government on the request of
the Applicant had renewed his Certificate of
Practice as a Notary for subsequent 04 terms and
the period of validity of the Certificate of Practice
expired on 12-09-2019 in the Endorsement dated
21-10-2014 issued to the Applicant. Further, vide
letter dated 06-05-2020, the spouse of the above
applicant informed that her husband Shri Noel P.
Afonso, Advocate who was practicing as a Notary
died on 05-08-2015;
And whereas, the validity of the Endorsement
dated 21-10-2014 to the Certificate of issued to Mr.
Noel P. Afonso stands withdrawn and cancelled,
since the said Advocate died on 05-08-2015, in the
light of the Notaries Act, 1952 (Central Act 53 of
1952) and Notaries Rules, 1956 (hereinafter referred
as the “said Act” and “said Rule”).
Now therefore, in pursuance of Clause (f) of
Section 10 of the said Act, the Government of Goa
hereby removes from the Register maintained by it
under Section 4 of the said Act, the name of
Applicant entered as a Notary.
By order and in the name of the Governor
of Goa.
Amir Parab, Under Secretary (Law-Estt.).
Porvorim, 15th May, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
94
Department of Personnel
__
Order
No. 6/16/2013-PER/Part A/1161
Whereas, on the recommendation of the
Departmental Promotion Committee held on
16-08-2011, as conveyed by the Goa Public Service
Commission vide letter No. COM/II/11/42(1)/98-08/
/Vol. III/255 dated 18-08-2011, the officers holding
the post included in Schedule II of the Goa Civil
Service Rules, 1997 were promoted to junior scale
of Goa Civil Service, Group ‘A’ Gazetted vide Order
No. 6/9/2008-PER (Vol. I) dated 29-08-2011;
And whereas, Shri Francisco X.L. Ferrao, was
considered in the said DPC and was recommended
for promotion with effect from 01-07-2012 since
major penalty of withholding of 2 increments for
two years without cumulative effect was imposed
vide Order No. 15/12/2003-VIG/49 dated 07-01-2010;
And whereas, a DPC was held on 1-10-2018 to
review the DPC held on 16-06-2011 for promotion
to the Junior Scale of Goa Civil Service maintained
the recommendation of promoting Shri Ferrao with
effect from 01-07-2012;
And whereas, Directorate of Vigilance vide letter
No. 1/3/2018-VIG/PER (Part-3)/543 dated 14-02-2020
has submitted vigilance clearance in respect of
Shri Ferrao, that he was not falling in any of the
specific three categories as on 01-07-2012;
And whereas, the GPSC vide letter No. COM/II/
/11/42(1)/2019/1807 dated 12-03-2020 has informed
that the Department may take necessary steps in
terms of the recommendation made in the DPC
dated 16-08-2011;
Now therefore, the Governor of Goa is pleased
to promote Shri Francisco X.L. Ferrao in terms of
Rule 14 of the Goa Civil Service Rules, 1997 to
Junior Scale of Goa Civil Service, Group ‘A’ Gazetted,
in Pay Band-3 Rs. 15,600-39,100+5,400/- with
consequential monitory benefits with effect from
01-07-2012.
The officer shall be deemed to be on probation
for two years from 01-07-2012. The officer shall
exercise option for fixation of pay in promotional
grade in terms of F.R. 22(I)a(1), within a period of
one month from the date of issue of this order.
Consequent to this promotion, Shri Francisco
X.L. Ferrao shall continue to hold the post presently
held by him.
The Order No. 6/16/2013-PER/Part A/2461 dated
16-08-2016 stands modified to the extent of this
Order.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretary (Personnel-I).
Porvorim, 13th May, 2020.
________
Order
No. 6/11/2017-PER/1169
Read: 1. Order No. 6/11/2017-PER/2616 dated
23-10-2018.
2. Order No. 6/11/2017-PER/1662 dated
14-06-2019.
Whereas, on the recommendation of the
Departmental Promotion Committee held on
15-10-2018, as conveyed by Goa Public Service
Commission vide letter No. COM/II/11/42(3)/2011/
/226 dated 16-10-2018, the Senior Scale Officers were
promoted to Junior Administrative Grade of Goa
Civil Service, in Level 12 of CCS (Revised Pay) Rules,
2016 vide Order dated 23-10-2018 read at Sr. No. 1
in the preamble;
And whereas, a proposal was referred to the Goa
Public Service Commission to review the DPC held
on 15-10-2018 and vide recommendations of the
Review DPC meeting held on 29-05-2019 conveyed
by the Commission, two additional Senior Scale
Officers viz. Shri Dipak Desai and Shri Prashant
Shirodkar were promoted to JAG of Goa Civil
Service, in the order of their merit with due regard
to the seniority within their respective grading as
on 15-10-2018 vide order dated 14-06-2019 read at
Sr. No. 2 in the preamble;
And whereas, the recommendations in respect
of Shri Shivaji Dessai were kept in sealed cover
viz-a-viz his promotion to Senior Scale;
And whereas, upon receipt of vigilance
clearance, the GPSC vide letter No. COM/II/11/42(4)/
/2016(Part file)/151 dated 18-07-2019 conveyed their
recommendation in respect of Shri Shivaji Dessai
and he was promoted to Senior Scale of Goa Civil
Service in Level 11 of the CS (Revised Pay) Rules,
2016 w.e.f. 09-12-2016 in the order of his merit with
due regard to the seniority within the respective
grading vide order No. 6/3/2002-PER (Vol.I)/2080
dated 25-07-2019;
And whereas, the seniority of the Senior Scale
officers of the Goa Civil Service has been re-casted
vide Memorandum No. 6/4/2016-PER/1025 dated
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
95
28-04-2020 on promotion of three officers viz. Shri
Dipak Desai, Shri Shivaji Dessai and Shri Prashant
Shirodkar with due regards to their seniority;
And whereas, a review DPC was held by GPSC
on 11-05-2020 based on the re-casted seniority to
review the DPC held on 15-10-2018 and review DPC
held on 29-05-2019 for considering eligibility of
Shri Shivaji Dessai for promotion to Junior
Administrative Grade;
Now therefore, on the recommendation of
the Departmental Promotion Committee held on
11-05-2020, as conveyed by the Commission
vide letter No. COM/II/11/42(3)/2011/493 dated
12-05-2020, the Governor of Goa is pleased to
promote Shri Shivaji Dessai in terms of Rule 32 of
Goa Civil Service Rules, 2016 to the post of Junior
Administrative Grade, in the Level 12 of CCS
(Revised Pay) Rules, 2016 w.e.f. 23-10-2018 with
consequential monetary benefits and place him in
the promotion Orders read in the preamble at Sr.
No. 1 and 2 as under:
Sr.
Name of the
Position in
No.
Officer
promotion order
1.
Shri Shivaji Dessai
Below Smt. Irene Vitoria
Sequeira and above
Shri Vassudev N. Shetye.
On promotion, the officer shall continue to hold
the post presently held by him.
The officer shall exercise option for fixation of
pay in promotional grade in terms of F.R. 22(I)a(1),
within a period of one month from the date of issue
of the order. The option once exercised shall be
final.
By order and in the name of the Governor
of Goa.
Shashank V. Thakur, Under Secretary (Personnel-I).
Porvorim, 15th May, 2020.
———uuu———
Department of Public Health
__
Order
No. 44/28/2017-I/PHD/883
Government is pleased to transfer the following
Medical Officer under Directorate of Health
Services and post him at the place indicated in
Col. No. 4 against his name with immediate effect,
until further orders in public interest:-
Sr.
Name of the
Present place
Transferred
No. Medical Officer
of posting
and posted at
1
2
3
4
1. Dr. Rupchand P.
PHC, Betki
Community
Gaude alias
Health
Dr. Rupchandra
Centre, Canacona
Purso Navelkar,
against a vacant
Medical Officer
post at CHC,
Canacona.
By order and in the name of the Governor of
Goa.
Swati A. Dalvi, Under Secretary (Health).
Porvorim, 14th May, 2020.
________
Order
No. 22/3/2000-I/PHD/Part I/903
Read:
Memorandum No. 22/3/2000-I/PHD/Part I/
/333 dated 18-2-2020.
On the recommendation of the Goa Public
Service Commission as conveyed vide their letter
No. COM/I/5/24(3)/2017/340 dated 31-1-2020,
Government is pleased to appoint Dr. Saphallya
Vishal Sardesai to the post of Junior Physician
(Group “A” Gazetted) in the Pay Matrix under Level
10 under the Directorate of Health Services with
immediate effect as per the terms and conditions
contained in the Memorandum cited above.
Dr. Saphallya Vishal Sardesai shall be on
probation for a period of two years from the date
of her joining.
Dr. Saphallya Vishal Sardesai has been declared
medically fit by the Medical Board. The appoint-
ment is made subject to the verification of her
character and antecedents. In the event of any
adverse matter being noticed by the Government
on verification of her character and antecedents,
her services shall be terminated.
Dr. Saphallya Vishal Sardesai is posted at Sub
District Hospital, Ponda against the vacant post of
Junior Physician occurred due to the acceptance
of resignation of Dr. Pranay Budkule vide Order
No. 44/16/2014-I/PHD/3121 dated 11-12-2018.
By order and in the name of the Governor of
Goa.
Swati A. Dalvi, Under Secretary (Health-II).
Porvorim, 15th May, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
96
Department of Revenue
__
Notification
No. 28/2/2/2019-RD-I/3404
In exercise of the powers conferred by the
second proviso to Clause (ii) of sub-section (6) of
Section 32 of the Goa Land Revenue Code, 1968
(Act No. 9 of 1969), the Government of Goa hereby
exempts P. P. Padmanabh Shishya Sampraday
Viswasta Mandal from payment of fees of
Rs. 77,00,000/- (Rupees seventy-seven lakhs only)
payable under the said code, for conversion of the
land admeasuring an area of 55000 sq. mts.,
surveyed under survey No. 57/0 of Cundaim Village,
Ponda Taluka, District South Goa, State of Goa,
subject to the condition that the said land shall be
used exclusively for the purpose of educational
institution.
By order and in the name of the Governor
of Goa.
Sudin A. Natu, Under Secretary (Revenue-I).
Porvorim, 15th May, 2020.
———uuu———
Department of Social Welfare
Directorate of Social Welfare
__
Order
No. 83-9-2006-SDB/Part/2017/414
Government is pleased to constitute a State
Council of Senior Citizens consisting of the following
members to advise the Government on effective
implementation of the provisions of the
Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 (Central Act 56 of 2007) and the
Goa Maintenance and Welfare of Parents and Senior
Citizen Rules, 2009 and to perform such other
functions in relation to Senior Citizens in the State
as may be specified by the Government.
1. Hon’ble Minister for Social
— Chairman,
Welfare
ex officio.
2. Secretary (Social Welfare)
— Member,
ex officio.
3. Secretary (Health)
— Member,
ex officio.
4. Secretary (Home)
— Member,
ex officio.
5. Secretary (Information
— Member,
& Publicity)
ex officio.
6. Secretary (Finance)
— Member,
ex officio.
7. Shri Diogo M. Da Costa,
— Member.
H. No. B-42, Shar and Sorai,
Dr. V. V. Road, Margao
8. Shri Dattaprasad Pawaskar,
— Member.
H. No. 255/2, Sorvemwado,
Guirim, Bardez
9. Shri Venkatesh Ghodge,
— Member.
Pethechawada, Korgao,
Pedne-Goa 403 512
10. Shri Vinay Gaonkar, Marcel,
— Member.
Ponda, Goa
11. Director of Social Welfare
— Member
Secretary,
ex officio.
The State Council shall meet once in every six
months.
The initial tenure of members other than ex
officio member shall be of 2 years.
By order and in the name of the Governor
of Goa.
Umeshchandra L. Joshi, Director & ex officio Joint
Secretary (Social Welfare).
Panaji, 14th May, 2020.
________
Order
No. 83-9-2006-SDB/Part/2017/415
Government is pleased to constitute District
Committees of Senior Citizens for North Goa and
South Goa District consisting of the following
members to advise on effective and co-ordinate
implementation of the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007 (Central Act
56 of 2007) at District Level and to perform such
other functions in relation to Senior Citizens at the
District Level as may be specified by the
Government.
North Goa District
1. Collector (North Goa)
— Chairman,
ex officio.
2. Superintendent of Police
— Member,
(North Goa)
ex officio.
3. Director of Health Services
— Member,
ex officio.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
97
4. Medical Superintendent
— Member,
(Administration), Goa Medical
ex officio.
College
5. Managing Director, Kadamba
— Member,
Transport Corporation Ltd.
ex officio.
6. Director of Transport
— Member,
ex officio.
7. Shri Gokuldas R. Ghatwal,
— Member.
21/1, Headland Sada, Vasco
8. Shri Vishnu M. Mahale,
— Member.
H. No. 136, Opp. J. B. Stores,
Mala, Panaji
9. Shri Gurudas Mapari,
— Member.
H. No. 70/1, Mottem waddo,
Assonora, Bardez
10. District Welfare Officer (North) — Member
Secretary.
South Goa District
1. Collector (South Goa)
— Chairman,
ex officio.
2. Superintendent of Police
— Member,
(South Goa)
ex officio.
3. Director of Health Services
— Member,
ex officio.
4. Medical Superintendent
— Member,
(Administration), Goa Medical
ex officio.
College
5. Managing Director, Kadamba
— Member,
Transport Corporation Ltd.,
ex officio.
Porvorim-Goa
6. Director of Transport
— Member,
ex officio.
7. Smt. Rajani A. Bhembre,
— Member.
Morailem, Curchorem
8. Shri Narayan Vinu Naik,
— Member.
H. No. 123, near SBI,
Mangeshi, Ponda
9. Shri Ramakant Bandekar,
— Member.
H. No. 189, Palolem, Canacona
10. District Welfare Officer (South) — Member
Secretary.
The District Committees shall meet once in
every quarter.
The initial tenure of members other than
ex officio member shall be of 2 years.
By order and in the name of the Governor
of Goa.
Umeshchandra L. Joshi, Director & ex officio Joint
Secretary (Social Welfare).
Panaji, 14th May, 2020.
Notification
No. 50-415-2017-18-HC/429
In exercise of the powers conferred by
sub-section (3) of Section 14 of the Rights of Persons
with Disabilities Act, 2016 (Central Act 49 of 2016),
the Government of Goa hereby notifies the
Secretary (Social Welfare) as Appellate Authority.
This notification shall come into force on the
date of its publication in the Official Gazette.
By order and in the name of the Governor
of Goa.
Umeshchandra Joshi, Director & ex officio Joint
Secretary (Social Welfare).
Panaji, 15th May, 2020.
________
Notification
No. 50-415-2017-18-HC/430
In pursuance of sub-section (1) of Section 14 of
the Rights of Persons with Disabilities Act, 2016
(Central Act 49 of 2016), the Government of Goa
hereby notifies the District Collector as Designated
Authority.
This notification shall come into force on the
date of its publication in the Official Gazette.
By order and in the name of the Governor
of Goa.
Umeshchandra Joshi, Director & ex officio Joint
Secretary (Social Welfare).
Panaji, 15th May, 2020.
———uuu———
Department of Urban Development
__
Order
No. 10/424/2003-DMA/Part/150
The Government is pleased to appoint Shri N. D.
Agarwal, retired GCS Officer as Consultant for the
purpose of recommending Amendments to various
sections of the Goa Municipalities Act, 1968.
He shall advise and assist the Department of
Urban Development to arrive at part amendments
to the existing Sections of Goa Municipalities
Act, 1968. He shall also provide suggestions and
assist in formulation and updation of the Bye-laws/
/Rules work as required.
He shall be entitled for honorarium as per rules.
By order and in the name of the Governor
of Goa.
Dr. Tariq Thomas, IAS, Director & ex officio Joint
Secretary (Urban Development).
Panaji, 12th May, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 8
21ST MAY, 2020
98
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Department of Water Resources
Office of the Secretary (WR)
__
Order
No. Secy.(WR)/Misc/2020/163
On the recommendation of the Goa Public Service Commission as conveyed vide confidential letter
No. COM/II/11/27(1)/98/430 dated 09-03-2020, Government is pleased to order the promotion of
Superintending Engineers to the posts of Additional Chief Engineer (MB) & (IP) in Water Resources
Department on regular basis in the Pay Matrix Level No. 13 with immediate effect and posted against
the existing vacancies indicated below:
Sr.
Name of the promotee
Present designation and
Designation and place of
No.
place of posting
posting on promotion
1
2
3
4
1.
Shri Shrikant D. Patil
Superintending Engineer,
Additional Chief Engineer
O/o the Superintending Engineer,
(Irrigation Project),
Circle-II, Karaswada, WRD, Bardez-
O/o the Additional Chief Engineer,
-Goa with additional charge of
WRD, Porvorim-Goa with additional
1. Chief Engineer, WRD
charge of
2. Managing Director, Goa
1. Chief Engineer, WRD
Tillari Irrigation Development
2. Managing Director, Goa Tillari
Corporation
Irrigation Development Corpora-
3. Addl. Chief Engineer (IP)
tion
4. Addl. Chief Engineer (MB)
3. Superintending Engineer,
Circle-II, WRD, Karaswada.
2.
Shri Ravindran R.
Superintending Engineer,
Additional Chief Engineer
Yaragatti
O/o the Superintending Engineer,
(Mandovi Basin),
Circle-III, WRD, Margao-Goa
O/o the Additional Chief Engineer,
WRD, Porvorim-Goa with additional
charge of Superintending Engineer,
Circle-III, WRD, Gogal, Margao-Goa.
This is issued vide Government approval No. 57/F dated 30-04-2020.
Sanjay Gihar, IAS, Secretary (WR).
Porvorim, 30th April, 2020.