GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate, North Goa

Magisterial Branch

–––

Order

No. 40/16/2022-MAG-ELN/L&O/Liquor/09

Under Section 144 of the Code of Criminal

Procedure, 1973

Whereas the Election Commission of India has

announced the General Election to Legislative

Assembly 2022 in North Goa District scheduled to

be held on 14-02-2022 and the Election Model Code

of Conduct has already come into force with

immediate effect.

And whereas to prevent undue influence of

voters through distribution of liquor and to ensure

free, fair, peaceful and orderly conduct of the

election process, it is felt appropriate that the

timings for closure of all liquor bars/shops, pubs,

provision stores etc., needs to be curtailed;

And whereas Section 29(A) of the Goa Excise

Duty Act, 1964 and Rules there under empowers the

District Magistrate to order the closure of liquor

bars, restaurants serving liquor, liquor shops, pubs,

provision stores etc., at such times and for such

period as may necessary and appropriate for

preservation of public peace and tranquility.

And whereas in my considered opinion, there is

sufficient ground for proceeding under sub-section

(1) of Section 144 of Code of Criminal Procedure,

1973 for closure of all bars and all shops, pubs,

provision stores, restaurants where liquors are being

served or sold;

Panaji, 28th January, 2022 (Magha 8, 1943)

SERIES III No. 44

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Reg. No. RNP/GOA/32/2021-2023

EXTRAORDINARY

1081

Suggestions are welcomed on e-mail: [email protected]

And whereas I am satisfied that the

circumstances do not permit the serving in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub-section

(2) of Section 144 of the Code of Criminal

Procedure, 1973, I hereby pass the order ex-parte.

And whereas I Ajit Roy, IAS, District Magistrate,

North Goa District in exercise of the powers vested

in me under Section 144 of Code of Criminal

Procedure, 1973 read with Section 29 A of the Goa

Excise Act, 1964 do hereby order that serving or

selling of liquor in all the liquor bars, pubs, shops,

clubs, shacks or any establishment shall be closed

everday by 11:00 p.m. with immediate effect till

the election Model Code of Conduct is in force.

However, this order shall not apply to those

establishments, provision stores etc., which are

required by law to be closed before 11:00 p.m.

Only the sale and service of liquor in all liquor

bars, shops, pubs, shacks, clubs, provision stores

or any establishment in the whole of North Goa

District shall be stopped every day by 11:00 p.m.

till election Model Code of Conduct is in force.

Such establishments can remain open and

continue to operate without the sale and service

of liquor beyond 11:00 p.m. Any violations of the

above directions may be reported to the office of

the District Election Officer, Panaji.

If any liquor shop/bar, pub or any establishment

is found serving liquor beyond the aforesaid

timings, during the said period, it shall result in

cancellation of licenses and the owner or offender

shall be liable for penal action under Section 188

of Indian Penal Code, 1908, Section 30 of the Excise

Duty Act, 1964 and other relevant provisions of

laws in force.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 44

(EXTRAORDINARY)

28TH JANUARY, 2022

1082

The Flying Squads, officials of the Excise

Department, Sector Magistrate, Police or any other

authorized officers/officials shall act immediately

in case any violation comes to their notice or

reported to them and should forthwith report such

cases to the Commissioner of Excise and/or the

Returning Officer concerned.

Given under my hand and seal of this office on

this 13th day of January, 2022.

Panaji.—The District Magistrate & DEO (North),

Ajit Roy, IAS.

_________

Public Notice

No. 40/16/2022-MAG-ELN/L&O/Liquor/10

Read: 1. This office Order No. 40/16/2022-MAG

ELN/L&O/Liquor/09 dated 13-01-2022.

It is hereby made known to all concerned that

the District Magistrate and District Election Officer,

North Goa vide Order No. 40/16/2022-MAG-ELN/

/L&O/Liquor/09 dated 13-01-2022 has issued an

Order under Section 144(1) of the Code of the

Criminal Procedure, 1973 ordering the closure of

sale of liquor at all liquor bars, shops, pubs, shacks,

clubs, provision stores or any establishment in

North Goa District, by 11:00 p.m., with immediate

effect till the Election Model Code of Conduct is in

force. However, the said order is not applicable to

those establishments, provision stores, etc., which

are required by law to be closed before 11:00 p.m.

It is hereby clarified that only the sale and

service of liquor in all liquor bars, shops, pubs,

shacks, clubs, provision stores or any establishment

in the whole of North Goa District shall be stopped

every day by 11:00 p.m., till election Model Code of

Conduct is in force. Such establishments can

remain open and continue to operate without the

sale and service of liquor beyond 11:00 p.m. Any

violations of the above directions may be reported

to the office of the District Election Officer, Panaji.

The Flying Squads/officials of the Excise

Department/Sector Magistrate/Police or any other

authorized officers/officials shall take note of the

above directions and act accordingly.

Panaji, 13th January, 2022.—The District

Magistrate & DEO (North), Ajit Roy, IAS.

_________

Order

No. 40/16/2022-MAG-ELN/L&O/Rally/33

Under Section 144 of the Code of Criminal

Procedure, 1973

Whereas the Election Commission of India has

announced the General Election to Legislative

Assembly 2022 in North Goa District scheduled to

be held on 14-02-2022 and the Election Model Code

of Conduct has already come in to force with

immediate effect.

And whereas in view of Press Note No. ECI-PN/

/8/2022 dated 15th January, 2022 issued by Election

Commission of India, ban on physical rallies and

roadshows is extended until 22-01-2022.

And whereas due to the prevailing situation in

order to contain the spread of the pandemic,

certain measures were undertaken and restrictions

have been imposed under the Disaster

Management Act, 2005 vide the Revenue

Department’s Order No. 1/5/29/2020-RD dated

29-12-2021 and the Order No. 23/20/2014-I/PHD/Part

IV/63 dated 08-01-2022 issued by Public Health

Department, as restrictions and measures are

required to be continued, while additional

restrictions need to be imposed to prevent the

further spread of the diseases.

And whereas I am satisfied that the

circumstances do not permit the serving in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub-section

(2) of Section 144 of the Code of Criminal Procedure,

1973. I hereby pass the order ex-parte.

And whereas I, Ajit Roy, IAS District Magistrate

North Goa District in exercise of the powers vested

in me under Section 144 of Code of Criminal

Procedure, 1973 and considering the present

situation, facts and circumstances do hereby order,

1)

No Roadshow, Pad-yatra, cycle/bike/vehicle

rally and procession shall be allowed till 22nd

January, 2022.

2)

No physical rally of Political parties or

candidates (including probable) or any other

group related to election shall be allowed till

22nd January, 2022.

3)

Public gatherings incase of halls/auditoriums

etc. shall be restricted to 50 persons or 50%

of the seating capacity which ever is less.

4)

Political parties shall ensure the compliance

of COVID appropriate behaviour and

guidelines and Model Code of Conduct at all

occasions during the activities connected

with Election.

5)

All remaining restrictions as contained in the

Revised Board Guidelines for Conduct of

Elections, 2022 issued on 8th January and

15th January, 2022 shall continue.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 44

(EXTRAORDINARY)

28TH JANUARY, 2022

1083

6)

Not more than five persons are permitted to

walk together for door to door campaign. A

minimum distance of 200 meters must be

maintained between two such groups.

Failure to comply with this order shall be liable

for penal action under Section 188 of Indian Penal

Code and other relevant provisions of laws in force.

Given under my hand and seal of this office on

this 17th day of January, 2022.

Panaji.—The District Magistrate & DEO (North),

Ajit Roy, IAS.

_________

Order

No. 40/16/2022-MAG-ELN/L&O/Rally/218

Under Section 144 of the Code of Criminal

Procedure, 1973

Whereas the Election Commission of India has

announced the General Election to Legislative

Assembly 2022 in North Goa District scheduled to

be held on 14-02-2022 and the Election Model Code

of Conduct has already come in to force with

immediate effect.

And whereas in view of Press Note No. ECI-PIN/

/8/2022 dated 15th January, 2022 and No. ECI/PN/

/10/2022 dated 22nd January, 2022 issued by

Election Commission of India, ban on physical

rallies and road shows is extended until

31-01-2022.

And whereas due to the prevailing situation in

order to contain the spread of the pandemic,

certain measures were undertaken and restrictions

have been imposed under the Disaster Management

Act, 2005 vide the Revenue Department’s Order

No.1/5/29/2020-RD dated 29-12-2021 and the Order

No. 23/20/2014-I/PHD/Part IV/63 dated 08-01-2022

issued by Public Health Department, as restrictions

and measures are required to be continued, while

additional restrictions need to be imposed to

prevent the further spread of the disease.

And whereas I am satisfied that the

circumstances do not permit the serving in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub section

(2) of Section 144 of the Code of Criminal Procedure,

1973 I hereby pass the order ex-parte.

And whereas I Ajit Roy, IAS District Magistrate

North Goa District in exercise of the powers vested

in me under section 144 of Code of Criminal

Procedure, 1973 and considering the present

situation, facts and circumstances do hereby order,

1)

No physical rally of Political parties and

candidates (including probable) or any other

group related to election shall be allowed till

31st January, 2022.

2)

No Roadshow, Pad-yatra, cycle/bike/vehicle

rally and procession shall be allowed till 31st

January, 2022.

3)

Door-to-Door campaigning shall be allowed

for a maximum of 10 persons including

candidates (excluding security personnel).

4)

Political parties, candidates their party

workers, shall ensure the compliance of COVID

appropriate behaviour and guidelines and

Model Code of Conduct at all occasions

during the activities connected with the

election.

5)

Public gatherings incase of indoor halls/

/auditorium/mandaps etc. shall be restricted

to a maximum of 50 persons or 50% of the

sitting capacity whichever is less.

6)

Political parties and candidates to conduct

their campaigns as much as possible through

virtual and digital media platforms.

7)

No outdoor campaigning shall be allowed.

8)

No campaigning is permitted between 8 p.m.

and 8 a.m.

All remaining restrictions as contained in the

Revised Board Guidelines for Conduct of Election

2022, issued on 8th January and 15th January, 2022

shall continue.

The Returning Officers/Assistant Returning

Officers, Flying Squads, Sector Magistrates/Officer,

Police or any other authorized Officers/Officials

shall act immediately in case any violation comes

to their notice or reported to them and initiate

necessary action against the violator by filing FIR

under appropriate section before the respective

police station.

Failure to comply with this order shall be liable

for penal action under Section 188 of Indian Penal

Code and other relevant provisions of laws in force.

This supersedes earlier Order No. 40/16/2022-

-MAG-ELN/L & O/Rally/33 dated 17-01-2022.

This Order shall be in force upto 31st January,

2022.

Given under my hand and seal of this office on

this 22nd day of January, 2022.

Panaji.—The District Magistrate & DEO (North),

Ajit Roy, IAS.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 44

(EXTRAORDINARY)

28TH JANUARY, 2022

1084

Order

No. 40/16/2022-MAG-ELN/L&O/Rally/220

Under Section 144 of the Code of Criminal

Procedure, 1973

Whereas the Election Commission of India has

announced the General Election to Legislative

Assembly 2022 in North Goa District scheduled to

be held on 14-02-2022 and the Election Model Code

of Conduct has already come in to force with

immediate effect.

And whereas in view of Press Note No. ECI-PIN/

/8/2022 dated 15th January, 2022 and No. ECI/PN/

/10/2022 dated 22nd January, 2022 issued by

Election Commission of India, ban on physical

rallies and road shows is extended until 31-01-2022.

And whereas due to the prevailing situation in

order to contain the spread of the pandemic,

certain measures were undertaken and restrictions

have been imposed under the Disaster Management

Act, 2005 vide the Revenue Department’s Order No.

1/5/29/2020-RD dated 29-12-2021 and the Order No.

23/20/2014-I/PHD/Part IV/63 dated 08-01-2022

issued by Public Health Department, as restrictions

and measures are required to be continued, while

additional restrictions need to be imposed to

prevent the further spread of the disease.

And whereas I am satisfied that the

circumstances do not permit the serving in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub section

(2) of Section 144 of the Code of Criminal Procedure,

1973 I hereby pass the order ex-parte.

And whereas I Ajit Roy, IAS District Magistrate

North Goa District in exercise of the powers vested

in me under section 144 of Code of Criminal

Procedure, 1973 and considering the present

situation, facts and circumstances do hereby order,

1)

No physical rally of Political parties and

candidates (including probable) or any other

group related to election shall be allowed till

31st January, 2022.

2)

No Roadshow, Pad-yatra, cycle/bike/vehicle

rally and procession shall be allowed till 31st

January, 2022.

3)

Door-to-Door campaigning shall be allowed

for a maximum of 10 persons including

candidates (excluding security personnel).

4)

Political parties, candidates their party

workers, shall ensure the compliance of

COVID appropriate behaviour and guidelines

and Model Code of Conduct at all occasions

during the activities connected with the

election.

5)

Public gatherings incase of indoor halls shall

be restricted to a maximum of 300 persons or

50% of the capacity of the hall whichever is

less.

6)

Political parties and candidates to conduct

their campaigns as much as possible through

virtual and digital media platforms.

7)

No outdoor campaigning shall be allowed.

8)

No campaigning is permitted between 8 p.m.

and 8 a.m.

All remaining restrictions as contained in the

Revised Board Guidelines for Conduct of Election

2022, issued on 8th January and 15th January, 2022

shall continue.

The Returning Officers/Assistant Returning

Officers, Flying Squads, Sector Magistrates/Officer,

Police or any other authorized Officers/Officials

shall act immediately in case any violation comes

to their notice or reported to them and initiate

necessary action against the violator by filing FIR

under appropriate section before the respective

police station.

Failure to comply with this order shall be liable

for penal action under Section 188 of Indian Penal

Code and other relevant provisions of laws in force.

This supersedes earlier Orders No. 40/16/2022-

-MAG-ELN/L&O/Rally/33 dated 17-01-2022 and

No. 40/16/2022-MAG-ELN/L&O/Rally/218 dated

22-1-2022.

This Order shall be in force upto 31st January,

2022.

Given under my hand and seal of this office on

this 23rd day of January, 2022.

Panaji.—The District Magistrate & DEO (North),

Ajit Roy, IAS.

______________________________

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