Panaji, 23rd June, 2022 (Asadha 02, 1944)
SERIES II No. 12
PUBLISHED BY AUTHORITY
RNI No. GOAENG/2002/6410
Reg. No. RNP/GOA/32/2021-2023
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
–––
Order
No. 2/14/95/Agri(Part)/Vol.II/402
Government is pleased to order the transfer of the following Group ‘B’ Gazetted Officers of this
Department as indicated below against their names with immediate effect:-
Sr. No.
Name/Designation
Place of posting of the Officer
Place of posting on transfer
1
2
3
4
1. Shri Nagesh Komarpant,
Zonal Agriculture Officer,
On transfer against the
Agriculture Officer
Dharbandora
vacant post of Agriculture
Officer, District Agriculture
Officer (North) under the B.H.
2401-00-001-03-01.
2. Shri Santosh Gaonkar,
Agriculture Officer, INM
As Zonal Agriculture Officer,
Agriculture Officer (INM),
Section, Head Office
Dharbandora in place of
Head Quarter
Shri Nagesh Komarpant
being transferred.
3. Shri Raghunath Joshi,
Manager (Farms), Goa State
As Zonal Agriculture Officer,
Agriculture Officer
Horticulture Corporation
Pernem, in place of Shri
Ltd., Tonca
Prasad Parab being trans-
ferred
the
deputation
period of Shri Raghunath
Joshi against the post of
Manager (Farms), Goa State
Horticulture Corporation
Ltd., Tonca, Caranzalem-Goa
is hereby curtailed.
4. Shri Prasad Parab,
Zonal Agriculture Officer,
On transfer against the
Agriculture Officer
Pernem
vacant post of Agriculture
Officer, District Agriculture
Officer (North) under the
B.H. 2401-00-001-03-01.
Note:- There is one Extraordinary issue to the Official Gazette, Series II No. 11 dated 16-06-2022 as follows:—
(1) Extraordinary dated 17-06-2022 from pages 1459 to 1474 regarding Notifications from Department of Panchayati
Raj and Community Development.
1475
Suggestions are welcomed on e-mail: [email protected]
1476
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1
2
3
4
5. Shri Dattatraya Pandit,
Agriculture Officer (RKVY)
As Agriculture Officer,
Agriculture Officer
District Agriculture Office
(South), Margao in place of
Kum. Sangita Velip being
transferred.
6. Kum. Sangita Velip,
Agriculture Officer, District
As
Agriculture
Officer
Agriculture Officer
Agriculture Office (South),
(RKVY), Head Quarter in
(Margao)
place of Shri Dattatraya
Pandit, being transferred.
No joining time will be allowed in case there is no change of residence.
The services of Shri Nagesh Komarpant (at Sr. No. 1 above) is hereby placed at the disposal of the Office
of the Hon’ble Speaker on working arrangement basis at Goa Legislative Assembly, Secretariat, Porvorim-
Goa until further orders.
Shri Komarpant shall draw his pay and allowances against the post of Agriculture Officer, District
Agriculture Office (North).
Shri Santosh Gaonkar, Agriculture Officer (at Sr. No. 2 above) shall hold the additional charge of
Agriculture Officer (INM) at Head Quarter in addition to his own duties until further orders.
This is issued with approval of Government vide entry No. 85 dated 15-06-2022.
By order and in the name of the Governor of Goa.
Nevil Alphonso, Director & ex officio Jt. Secretary (Agriculture).
Tonca-Caranzalem, 20th June, 2022.
———uuu———
Department of Co-operation
Office of the Registrar of Co-operative Societies
–––
Order
No. 20/3/(46)/Elec/BOD/APCH/RCS/NZ/21/799
Read: Letter No. AR/NZ/Elec/Gen/2020/2076 dated
24-11-2021, received from the Assistant
Registrar of Co-operative Societies, North
Zone, Mapusa-Goa to grant relaxation to the
provision of Section 60(3)(b) in terms of
Section 126A of the Goa Co-operative
Societies Act, 2001 to the Atriya Premises
Co-operative Housing Maintenance Society
Ltd., Mapusa, Bardez-Goa.
In pursuance of the powers vested under Section
126A of the Goa Co-operative Societies Act, 2001,
the Government of Goa hereby exempts the Atriya
Premises Co-operative Housing Maintenance
Society Ltd., Mapusa, Bardez-Goa, from the
provisions of Section 60(3)(b) of the Goa Co-operative
Societies Act, 2001 so as to enable office of the
Assistant Registrar of Co-operative Societies, North
Zone, Mapusa-Goa to initiate action in terms of the
provisions contained in Goa Co-operative Societies
Act, 2001.
The exemption so granted shall be valid for a
period of three months or until all vacant posts of
the Board of Directors are duly filled in whichever
is earlier.
By order and in the name of the Governor of
Goa.
Arvind B. Khutkar, Registrar & ex officio Jt.
Secretary (Co-operative Societies).
Panaji, 13th June, 2022.
————
Order
No. 50/3/198/GCS/RCS/SZ/22/801
Read: Letter No. 18-24-99/ARSZ/Credit/Vol I/114
dated 13-04-2022, from the Assistant
Registrar of Co-operative Societies, South
Zone, Margao-Goa.
In pursuance of the powers vested under Section
126A of the Goa Co-operative Societies Act, 2001,
the Government of Goa hereby exempts The Goa
Customs and Central Excise Co-op. Credit Society
Ltd., Custom House, Mormugoa, from the provisions
of Section 60(3)(b) of the Goa Co-operative Societies
Act, 2001 so as to enable office of the Assistant
Registrar of Co-operative Societies, South Zone,
Margao-Goa to initiate necessary action in terms of
provisions of the Goa Co-operative Societies Act,
2001.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1477
The exemption so granted shall be valid for a period of three months from the date of issue of this order.
By order and in the name of the Governor of Goa.
Arvind B. Khutkar, Registrar & ex officio Jt. Secretary (Co-operative Societies).
Panaji, 10th June, 2022.
————
Addendum
No. 60/27/2004/TS/RCS/Supply/824
Read: This office order No. 41/1/2000/TS/RCS/2782 dated 11-11-2015.
Sr. No. iii of the chart shown in the above order is substituted as under:-
iii. One Taluka 2000
14.00 lakhs
(In case of additional Taluka, minimum
(In case of additional Taluka,
1000 members shall be enrolled
minimum share capital shall
from each such additional Taluka)
be Rs. 5.00 lakhs for each such
additional Taluka).
Other content of the above order remains unchanged.
By order and in the name of the Governor of Goa.
Arvind B. Khutkar, Registrar & ex officio Joint Secretary (Co-op. Societies).
Panaji, 17th June, 2022.
———uuu———
Department of Civil Supplies and
Consumer Affairs
–––
Order
No. DCS/ADCS/CC/Appoint/99/2022-23/878
In exercise of powers conferred under the
Consumer Protection Act, 2019 (35 of 2019)
(hereinafter referred to as the Act) and Consumer
Protection (Qualification for Appointment, Method
of Recruitment, Procedure of Appointment, Term of
Office, Resignation and Removal of the President
and Members of the State Commission and District
and Members of the State Commission and District
Commission) Rules, 2020 the State Government is
pleased to appoint Dr. Nagesh Sadanand Colvalkar
as the Member of the Goa State Consumer Disputes
Redressal Commission, Panaji-Goa on full-time basis
w.e.f. 17-06-2022 (b.n.) on the recommendation of
the Selection Committee.
1.
A Member of the State Commission shall hold
the office for a term of four years or up to the
age of 65 years whichever is earlier as per the
provisions of the Consumer Protection
Act, 2019.
2.
A Member of the State Commission shall
receive a pay equivalent to the pay at
minimum of the scale of pay of an Additional
Secretary of the State Government and other
allowances as are admissible to such officer.
3.
The pay of a person appointed as Member,
who is in receipt of any pension, shall be
reduced by the gross amount of pension drawn
by him.
4.
The expenditure on account of his salary shall
be debitable to the Budget Head Demand
No.70, “3456—Civil Supplies; 001—Director
and Administration; 04—Consumer Disputes
Redressal Commission (Non-Plan); 01—
Salaries”.
By order and in the name of the Governor
of Goa.
Sudhir S. Kerkar, Director & ex officio Joint
Secretary (Civil Supplies and Consumer Affairs).
Panaji, 17th June, 2022.
———uuu———
Department of Education, Art & Culture
Directorate of Higher Education
–––
Order
No. ACAD III/GC/Filling of Post-Regular/98/2021/
/Part I/1812
Read: Memorandum No. ACAD III/GC/filling-Asstt.
Prof./115/2018/Part/5237 dated 01-12-2021.
On the recommendation of the Goa Public Service
Commission as conveyed vide their letter No. COM/
/I/5/78(18)/2020/320 dated 22-09-2021, Government
is pleased to appoint Miss Harshita Bisht to the
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
post of Assistant Professor in Family Resource
Management (Group “A” Gazetted) on temporary
basis in the Goa College of Home Science under
the Directorate of Higher Education in the UGC Pay
Matrix Level 10 [Pay Band-3 Rs. 15600-39100 +
Academic Grade Pay of Rs. 6000/- (pre-revised)] with
immediate effect, and as per the terms and
conditions contained in the Memorandum cited
above.
Miss Harshita Bisht shall be on probation for a
period of two years.
Miss Harshita Bisht has been declared medically
fit by the Medical Board.
The character and antecedents of Miss Harshita
Bisht has been verified by the District Magistrate,
Udham Singh Nagar, Uttarakhand and nothing
adverse has been reported against her.
She shall draw her salary against the newly
created Post vide Order No. 1/5/2017-DHE/1024
dated 07-06-2018.
By order and in the name of the Governor of
Goa.
Tushar T. Halarnakar, Under Secretary (Higher
Education).
Porvorim, 16th June, 2022.
———uuu———
Department of Fire & Emergency Services
Directorate of Fire & Emergency Services
–––
Order
No. DFES/EST/U-1/289/RTIA/2022-23/545
Ref.: Order No. DFES/EST/U-1/289/RTIA/2021-22/5013 dated 15-12-2021.
In supersession to all earlier orders and in exercise of the powers vested in me under Section 5(1) and
(2) of the Right to Information Act, 2005, I hereby designate the following officials as State Public
Information Officer/State Assistant Public Information Officer.
Sr.
State Public Information Officer/State
Role/Responsibility
No.
Assistant Public Information Officer
1.
Deputy Director (Admn.),
For Administration/Establishment and
Directorate of Fire and Emergency
Accounts Section under the Directorate of
Services, St. Inez, Panaji,
Fire and Emergency Services.
State Public Information Officer
2.
Divisional Officer,
For jurisdiction of Central Zone having
Central Zone, Ponda,
Ponda, Bicholim, Old Goa, Kundaim and
State Public Information Officer
Valpoi Fire Stations.
.
3.
Divisional Officer,
For the jurisdiction of South Zone having
South Zone Margao,
Margao, Verna, Curchorem Cuncolim and
State Public Information Officer
Canacona Fire Stations.
4.
Assistant Divisional Officer,
For jurisdiction of North Zone having Panaji,
North Zone, Panaji,
Mapusa, Pernem, Porvorim, Vasco and Pilerne
State Public Information Officer
Fire Stations.
5.
Office Superintendent,
For Administration/Establishment and
Directorate of Fire and Emergency
Accounts Section under the Directorate of
Services, St. Inez, Panaji,
Fire and Emergency Services.
State Assistant Public Information Officer
6.
Station Fire Officer/Officer In-Charge
For the jurisdiction of South Zone having
Fire Station Margao,
Margao, Verna, Curchorem, Cuncolim and
State Assistant Public Information Officer
Canacona Fire Stations.
7.
Station Fire Officer/Officer In-Charge
For jurisdiction of Central Zone having
Fire Station Ponda,
Ponda, Bicholim, Old Goa, Kundaim and
State Assistant Public Information
Valpoi Fire Stations.
Officer
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1479
1
2
3
8.
Station Fire Officer/Officer In-Charge
For jurisdiction of North Zone having Panaji,
Fire Force Headquarters, State Assistant
Mapusa, Porvorim, Pernem, Vasco and Pilerne
Public Information Officer
Fire Stations.
The State Assistant Public Information Officers mentioned above shall exercise this function in respect
of any other Fire Station or unit that may be placed under their jurisdiction hereafter.
The State Assistant Public Information Officers shall receive the applications for information and appeals
under the Right to Information Act under their jurisdiction and forward the same alongwith detail information
forthwith to the respective State Public Information Officer, for further necessary action at his end.
The State Public Information Officer on receipt of the applications shall deal with requests from persons
seeking information within the prescribed time period and render reasonable assistance to the persons
seeking such information.
Further, in terms of provision of Section 19 of the said Act, the State Director of Fire and Emergency
Services, Panaji shall be the First Appellate Authority for matters decided by the State Information Officer.
The powers and functions of the above officers are defined and specified in the Notification of Right to
Information Act, 2005.
Nitin V. Raiker, Director (Fire and Emergency Services).
Panaji, 14th June, 2022.
———uuu——
Department of Home
Home—General Division
––
Order
No. 9/8/2022-HD(G)/Part/6938
In pursuance of Clause 6 of the “Guidelines for
granting special pardon on 15th August, 2022 (75th
anniversary of freedom), 26th January, 2023
(Republic day) and 15th August, 2023” annexed to
the D.O. Letter No. 17013/37/2021-P.R dated
21-04-2022 of the Hon’ble Union Home Minister, the
Government of Goa hereby constitutes the State
Level Examining Committee to examine the cases
of prisoners deserving for pardon/early release from
jail, consisting of the following members, namely:-
(i)
Chief Secretary/
—
Chairman
/Secretary (Home)
(ii) Secretary (Law)
—
Member.
(iii) Inspector General
—
Member
of Prisons
Secretary.
The State Level Examining Committee shall
scrutinize the records of all the prisoners, identify
the deserving prisoners who fulfill the requisite
conditions for pardon/early release from jail,
examine each matter in detail and by keeping in
mind all the relevant factors, take a well thought
decision and recommend cases of the deserving
prisoners for pardon/early release from jail to the
Government of Goa.
By order and in the name of the Governor of
Goa.
Pritidas Upasso Gaonkar, Under Secretary (Home-I).
Porvorim, 14th June, 2022.
———uuu———
Inspectorate of Factories and Boilers
––
Order
No. 2/13(Part)/ADM-IFB/21-22/968
On the recommendation of the Departmental
Promotion Committee as conveyed by Goa Public
Service Commission, Panaji, Vide letter No. COM/II/
/12/19(1)/2013/145 dated 15-06-2022, the
Government of Goa is pleased to declare Shri Damu
A. Bewoorkar, Inspector of Factories (Group B
Gazetted), in the Inspectorate of Factories and
Boilers, Altinho, Panaji to have satisfactorily
completed his probation period of two years on
11-03-2021 and confirm him to the post of Inspector
of Factories (Group B Gazetted) with effect from
the date of his completion of probation period.
By order and in the name of the Governor of
Goa.
Vivek P. Marathe, Chief Inspector & ex officio
Joint Secretary (Factories and Boilers).
Panaji, 20th June, 2022.
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
Department of Labour
––
Notification
No. 28/02/2022-LAB/Part-II/238
The following Award passed by the Industrial
Tribunal and Labour Court, at Panaji-Goa on
28-04-2022 in Ref. No. IT/32/2014 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.
Pritidas U. Gaonkar, Under Secretary (Labour).
Porvorim, 12th May, 2022.
IN THE INDUSTRIAL TRIBUNAL
AND LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Ms. Bela N. Naik, Hon’ble
Presiding Officer)
Ref. No. IT/32/2014
Workmen,
Rep. by All Goa Co-operative
Worker’s Union,
Dada Vaidhya Road,
Panaji-Goa
… Workman/Party I.
V/s
Goa Co-operative Marketing &
Supply Federation Limited,
Panaji-Goa
. … Employer/Party II.
Workman/Party I represented by Learned
Representative Shri Subhash Naik Jorge.
Employer/Party II represented by Learned Advocate
Shri P. Chawdikar
A W A R D
(Delivered on this the 28th day of the Month of
April of the year 2022).
By Order dated 11-12-2014, bearing No. 28/44/
/2014-Lab, the Government of Goa in exercise of
powers conferred by Section 10(1)(d) of the Industrial
Disputes Act, 1947 (for short ‘The Act’), has referred
the following dispute to this Tribunal for
adjudication.
“(1) Whether the action of the management of
M/s. The Goa Co-operative Marketing and Supply
Federation Limited, Panaji-Goa, of deducting
amount towards the shortages, from the salary of
below mentioned employees, from the wage period
January, 2014 onwards, is legal and Justified?
Sr.
Name of the
Designation
No.
Employees
(1) Vidhya B. Lad
Manager.
(2) Shripad C. Naik
Accountant.
(3) Anuradha U. Nagvekar
Salesgirl.
(4) Ankush Kawlekar
Helper.
(5) Mohan Kunkolkar
Salesman.
(6) Meena Narvekar
Salesgirl.
(7) Maria A.B. D’Costa
Salesgirl.
(8) Vithal Naik
Salesman.
(9) Prachi Amonkar
Helper.
(10) Magdalena Falcao
Helper.
(11) Sharmila L. Naik
Helper.
(12) Premanand Palyekar
Helper.
(13) Deepti D. Paryekar
Helper.
(14) Sharmila/Pranita Naik
Helper.
(15) Vaman R. Pangam
Salesman.
(16) Rajesh A. Naik
Helper.
(17) Rajani Narve
Helper.
(18) Laxmi Kauthankar
Helper.
(19) Dayanand Y. Naik
Manager.
(20) Suryakant Divkar
Helper.
(2) If not, what relief the workmen are entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/32/2014 and registered A/D notices were
issued to both the parties. Pursuant to service of
notices, Party I filed the Claim Statement at
Exhibit 5. Thereafter, the Party II filed its Written
Statement which is at Exhibit 6.
3. In short, the case of the Party I is that they are
Trade Union consisting of permanent employees
employed by Party II to run their establishments
all over Goa as they have shopping markets all
over Goa selling consumer goods to the public and
they are having their Head Office at Panaji-Goa.
The Party II is very popular within the people as
they sell consumer goods at a fair price. The Party
I Union is in existence since the year 1980 and has
signed Wage Settlements with Party II from time to
time and Mr. Subhash Naik Jorge is the President
of the said Union/Party I.
4. It is further stated that to run the affairs of
Party II, they have employed large number of
employees such as Managers, Accountants,
Salesmen, Salesgirls and Helpers, etc. and they are
all the Members of Party I Union. Besides these
permanent employees, the Party II has employed
large number of daily wage employees who are
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1481
paid minimum wages fixed by the Government of
Goa from time to time but they are not the Members
of the Party I Union. The Party I states that on or
around 28-01-2014, the Party II issued a Circular
dated 28-01-2014 to the employees and based on
this Circular, the Party II started deducting certain
amounts from the salaries of the employees working
at Junta House and Market Branches, both at Panaji
of Party II w.e.f. January, 2014 claiming that there
were shortages amounting to Rs. 6,81,009/- for the
financial year 2011-2012 and Rs. 2,44,519/- for the
financial year 2010-2011 in those branches and that
the same were to be recovered in 24 installments
from the employees working in those two said
establishments of Party II.
5. It is further their case that prior to the issuance
of the said dated 28-01-2014, no Memo or charge-
sheet was issued to any of the employees seeking
explanation from them for the said shortages
mentioned in the Circular nor any departmental
inquiry was held to find out whether there were
any shortages in the said two establishments and
whether any employees mentioned in the present
Order of Reference were responsible for the same
or whether the shortage was in transit before the
goods reached the said two establishments.
Similarly, no inquiry was held to establish how only
the employees whose names are mentioned in the
Order of Reference were liable for the same and
hence, no principles of natural justice were followed
before issuing the Circular dated 28-01-2014 holding
that 20 employees had to pay Rs. 6,81,008/- and
Rs. 2,44,519.13 in 24 monthly installments.
6. Being aggrieved by the said Circular, the Party
I Union made a letter dated 11-02-2014 to Party II
but the Party II did not reply to the said letter of
Party I. The Party I addressed a letter dated
05-03-2014 to the Labour Commissioner to intervene
in the dispute. The Party II replied to the Labour
Commissioner vide their letter dated 12-06-2014
putting their case and denied to stop deducting
the amounts from the employees. The Party I replied
to the said letter of Party II dated 12-06-2014 and as
the settlement failed before the Conciliation Officer
in Labour Commissioner’s Office, the industrial
dispute ended in a failure of conciliation and hence
came to be referred for adjudication before this
Tribunal. The Party I has mentioned the details of
the deductions made from the said 20 employees
for the said 24 months from January, 2014 onwards.
Hence, the Party I states that the said deductions
recovered from the salary of 20 employees
mentioned in the present Order of Reference is
illegal and unjustified and states that the said 20
employees are not responsible for the shortage and
the shortage if any, has not been proved by holding
any inquiry and the same is in violation of the
Standing Orders/Service Rules and it is in violation
of the principles of natural justice and there have
been no shortages for the said relevant periods and
no inquiry was held and as such states that the
action of the Party II is totally illegal and unjustified.
7. In the Written Statement, the Party II has raised
an objection that the present dispute raised by the
Party I is without any valid cause of action and this
Tribunal should not entertain the same as the
present dispute cannot be construed as dispute as
defined u/s 2 (k) of the Industrial Disputes Act,
1947. It is also their objection that some of the
employees named in the present reference are
working in the managerial and supervisory grade
and therefore they do not fall under the definition
of workman u/s 2(s) of the Industrial Disputes Act
and as such their claim is not maintainable under
the present dispute. The action of the Party II is
valid as per the Service Rules and Bye-Laws of the
Party II as in the past similar actions have been
taken even since the date of its inception. The Party
II states that the allegations made against them are
false and the Party I is only trying to paralyze the
working of the Party II Society and therefore they
have filed the present dispute only with malafide
intentions.
8. It is the case of Party II that they were in
receipt of a letter dated 13-11-2013 from the Office
of the Assistant Registrar stating that the Special
Auditor (Co-operative Societies), North Zone,
Mapusa-Goa had conducted inquiry and noticed
that total shortage occurred in the business of the
Party II are Rs. 9,23,981/- (Rupees nine lakhs twenty
three thousand nine hundred eighty one only). He
further requested to recover the said amount of
shortages from the concerned staff of the Party II.
Accordingly, as per the practice of the Party II and
based on the decision of the Board of Directors, the
shortage amount needs to be recovered in 12 equal
installments from the workers/disputants’ salary as
shown in the statement by allowing 0.30% on the
respective sales for the said years 2010-2011 and
2011-2012. The Party II states that their action is
completely legal and in accordance with law,
Service Rules and as per the Bye-Laws of the
Party II.
9. The Party II further states that this practice of
deduction is followed by them even in past and
from the date of inception and the same is required
to be followed as it is a co-operative society and
there cannot be direct supervision on its employees.
It is only the employees of the Society who are the
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OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
custodians of its property and they are also
responsible for safeguarding the entire valuable
properties of the Party II Society or otherwise it will
create havoc in the organization and nobody will
be diligent in safeguarding the stock of the Party
II. It is also stated that as per the normal practice,
all the employees were made aware about the
deductions prior to the issuance of the Circular
dated 28-01-2014 and the Memorandum dated
28-01-2014 was issued and they were also in receipt
of a letter dated 13-11-2013 from the Office of the
Assistant Registrar that the Special Auditor, North
Zone had conducted the inquiry and had noticed
the said shortage. The Party I had also raised the
present issue before the Registrar of Co-operative
Societies wherein the said Authority had rejected
the dispute of the Party I by declaring that the
action of the Party II in making the deduction is
legal and valid and the said Order of the Registrar
of Co-operative Society has not been challenged
by the Party I till date and as such the same have
attained finality. The Party II has also produced the
Settlement signed by the Party I Union and the
Party II dated 24-04-1987. Hence, Party II states
that the action taken by them in making the
deductions from the Party I employees towards the
shortages is fair and legal.
10. In the Rejoinder at Exhibit 7 the Party I denied
the case put forth by Party II in the Written
Statement.
11. Based on the above mentioned pleadings my
Learned Predecessor has framed the issues at
Exhibit 9 and the same are as follows:
ISSUES
1.
Whether the Party 1 proves that the amounts
deducted by Party II claiming to be shortages
from the Party I Workmen from wage period
January, 2014 onwards is illegal and
unjustified?
2.
Whether the Party II proves that the
reference is not maintainable as claim of
Party I is not an “Industrial Dispute” as
defined under Section 2(k) of Industrial
Disputes Act, 1947?
3.
What relief? What Award?
12. In the course of evidence, Shri Subhash Naik
Jorge, the President of All Goa Co-op. Workers’
Union examined himself as its first witness and
placed on record the copy of letter dated
11-02-2014 along with Memorandum dated
28-01-2014 of Party II and shortages at Exhibit 11
Colly, the copy of letter dated 05-03-2013 at Exhibit
12, the copy of letter dated 12-06-2014 of Party II
along with letter dated 13-11-2013 and shortages
at Exhibit 13 Colly and a copy of letter dated
22-07-2014 of Party I Union at Exhibit 14. During
cross-examination he placed on record a copy of
Memorandurn of Settlement dated 24-04-1987 at
Exhibit 16.
13. The Party II examined Shri Kashinath Naik as
its first witness and placed on record the copy of
Bye-laws of the Party II at Exhibit 19, the copy of
Certified Standing Orders in respect of Party II at
Exhibit 20, the copy of Audited Trading Account
for the year ended on 31-03-2011 of the Party II at
Exhibit 21, the copy of Audited Profit and Loss
A/s for the year ended on 31-03-2011 of the Party
II at Exhibit 22, the copy of audited Balance Sheet
as on 31-03-2011 of the Party II at Exhibit 23, the
copy of audited Trading Account for the year ended
on 31-03-2013 of the Party II at Exhibit 24, the copy
of audited Profit & Loss A/c for the year ended on
31-03-2013 of the Party II at Exhibit 25, the copy of
audited Balance Sheet as on 31-03-2013 of the Party
II at Exhibit 26, the copy of Stock Liability Account
for the year 2012-13, 2011-12 and 2010-2011 at
Exhibit 27 Colly, the copy of Shortage Excess
Statement for the year 2010-11 at Exhibit 28, the
copy of Shortage Excess Statement for the year 2011-
12 at Exhibit 29, the copy of Stock Liability Control
for accounting year 2012-2013 at Exhibit 30, the
copy of letter addressed to the Managing Director,
the Goa Co-op. Marketing and Supply Federation
Ltd., Panaji-Goa, Party II regarding Stock Shortage
during the year 2011-2012 dated 21-08-2013 at
Exhibit 31, the copy of Inquiry Report from Mr.
Sanjay V. Kandolkar (A.O.) to the Managing Director
dated 25-10-2012 at Exhibit 32, the copy of
Statement of Mr. Vithal Naik dated 27-09-2012 at
Exhibit 33, the copy of Statement of Mr. Vaman
Pangam dated 28-09-2012 at Exhibit 34, the copy of
Statement of Smt. Laxmi S. Kauthankar dated
26-09-2012 at Exhibit 35, the copy of Statement of
Smt. Dipti D. Paryekar dated 28-09-2012 at Exhibit
36, the copy of Statement of Magdalena Falcao
dated 25-09-2012 at Exhibit 37, the copy of
Statement of Smt. Maria Pereira dated 25-09-2012 at
Exhibit 38, the copy of Statement of Smt. Vidhya B.
Laad dated 05-10-2012 at Exhibit 39, the copy of
Statement of Mr. Shripad C. Naik dated 23-10-2012
at Exhibit 40, copy of Statement of Mr. Shashikant
V. Naik dated 22-10-2012 at Exhibit 41, the copy of
Statement of Mr. Umesh L. Tari dated 22-10-2012 at
Exhibit 42, the copy of reply filed by Party II in
conciliation proceedings between Party I and Party
II before the ALC, Panaji-Goa in file No. CLE/ALC/
/COMP/(07)/2014 at Exhibit 43, copy of letter dated
OFFICIAL GAZETTE — GOVT. OF GOA
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1483
13-11-2013 addressed by the Special Auditor of
Co-operative Societies, North Zone, Mapusa-Goa to
the Branch Manager, Goa Sahakari Bhandar, Junta
House, Panaji-Goa at Exhibit 44, the copy of
Shortages of G.S.B. Junta House for the year
2010-2011 and 2011-12 (HEAD OFFICE) at Exhibit
45, the copy of the Shortages of G.S.B. Junta House
for the year 2010-2011 and 2011-2012 (G.S.B.
MARKET) at Exhibit 46 and the copy of Shortages
of G.S.B. Junta House for the year 2010-2011 and
2011-2012 (G.S.B. JUNTA HOUSE) at Exhibit 74.
14. The Party II also examined Shri Vishant
Vengurlekar, Office Superintendent as its second
witness and thereafter closed its evidence.
15. Heard arguments Learned Representative
Shri Subhash Naik Jorge argued on behalf of Party I
and Learned Adv. Shri P. Chawdikar argued on
behalf of the Party II. Both the Parties have also
placed on record written submissions.
16. I have gone through the records of the case
and has duly considered the arguments advanced
and also the arguments placed on record and after
going through the same, I have given my reasons
and findings on the issues which are framed and
the same are as follows:
Issue No. 1
…
In the negative.
Issue No. 2
…
In the affirmative.
Issue No. 3
…
As per final Order.
REASONS
Issue No. 1
17. The Party I workmen has examined
Shri Subhash Naik Jorge who is the President of
All Goa Co-operative Workers” Union who has
raised this dispute after which the Party I closed
their case. The Party II examined Shri Kashinath S.
Naik, who is the Managing Director of the Party II
and Shri Vishant Vengurlekar working with Party II
after which the Party II closed their case.
18. Shri S. Naik Jorge has mentioned in his
Affidavit-in-Evidence the detailed facts of their case
and the cause of action which gave rise to the
present dispute. He has placed on record the
documents in support of their case. Since, it is the
grievance of the Party I that the amounts deducted
by Party II as shortages from the Party I workmen
from the wage period January, 2014 onwards is
illegal and unjustified and as such in order to decide
this, it becomes necessary to look into the evidence
brought on record by both the Parties vis-a-vis their
documents.
19. That according to the first witness of Party I,
all the permanent employees of Party II are the
Members of Party I Union and upon receipt of the
Circular dated 28-01-2014 claiming that there were
shortages amounting to Rs. 6,81,009/- for the
financial year 2011-2012 and shortage of Rs. 2,44,519/-
for the financial year 2010-2011 which shortages
were found at Junta House and Market Branches of
the Party II. The deduction has been made from the
salaries of the 20 aggrieved employees of Party II
from January, 2014 onwards which deductions are
illegal and unjustified and according to him besides
these workmen whose names are mentioned in the
present reference, there were many other workers
who were working at Junta House and Market
Branches but from them no recovery was made and
by the Circular dated 28-01-2014, the deduction
has been made of only these 20 employees in 24
installments which is in violation of the principles
of natural justice as no proper inquiry was
conducted to find out the exact financial position
regarding the said shortages nor Memo or
charge-sheet was issued to any of the employees
seeking any explanations for the said shortages
mentioned in the Circular dated 28-01-2014. It is
true that being aggrieved by the said Circular, the
Party I which is a Trade Union of permanent
employees employed by Party II to run their
establishment, the Party I addressed the letter dated
11-02-2014 along with the Memorandum dated
28-01-2014 and shortages which is at Exh. 11 Colly
stating that the said deductions made from the
employees is illegal and unjustified but the Party II
did not reply to Exh.11 Colly. That, thereafter, Party
I addressed letter dated 05-03-2013 at Exh.12 to the
Labour Commissioner to intervene in the present
dispute. That, to Exh.12, the Party II replied vide
Exh.13 Colly and the Party I Union replied to this
letter of Party II vide their letter dated 22-07-2014
at Exh.14. There is no dispute that the settlement
before the Conciliation Officer has failed and hence
the present reference.
20. In cross-examination, Shri S. Naik Jorge has
stated that no settlement was signed during his
tenure of 10 years as President of the Union. He
admits that the Party II may be having Bye-Laws
and Certified Standing Orders but he has not seen
the same during his tenure which is very surprising
to digest as this witness has deposed in the capacity
of the President of All Goa Co-operative Workers”
Union and it is this Union who has raised the
present dispute. He admits that he is deposing on
their behalf and he is representing Party I workmen
in the present matter and therefore it was necessary
on his part to know the details of the Bye-Laws and
Certified Standing Orders of the Party II. He has
also admitted that he was supplied all the
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documents mentioned in the List of Documents of
Party II from Sr. No. 1 to 29. He admits in his cross
“It is correct that the amount was recovered as
mentioned in Para 2 of the Memorandum at
Exh. 11 Colly (3)” and further admits that the
individual workman had given the Memorandum
to him to file the present case. He has also admitted
on Page-4 of his cross-examination that he has
received the documents furnished by Party I in the
present proceedings. He further states that he is
unable to say whether the document at Sr. No. 1 is
the Bye-Law of Party II and the document at Sr. No. 2
is the Certified Standing Orders of Party II as
Certified Standing Orders according to him has not
been signed. He has also admitted further that they
never asked for the copies of the Bye-Laws and
Certified Standing Orders from the Management
which act is also not proper on part of the Party I.
He has also admitted that till date he did not go
through the Bye-Laws of the Party II though a copy
of which was given to him according to him along
with the list of documents. This also proves that the
first witness of the Party I is not aware about any
contents and details of the Bye-Laws of the Party II
and therefore makes such allegations regarding the
deductions made in the Salary of the said workers.
Further in cross, when the Bye-Laws of the Party II
were shown to him and his attention was drawn to
Page-19, wherein there is an endorsement of the
Registrar of Co-operative Societies as “Approved”
and it was asked to him whether he is aware if the
Registrar has approved the said Bye-Laws of the
Party II, to which he answered “there appears to be
endorsement of Registrar of Co-operative Societies”.
He repeatedly states that the Party II Management
has committed violation of principles of natural
justice without going through the details and the
provisions made in the Bye-Laws of the Party II.
21. Further, in his cross-examination, the
Memorandum of Settlement dated 24-04-1987 was
shown to him, to which he stated that he is not
aware of the said Settlement and further admitted
that “it is true that it is mentioned in Clause-5 that
the Management shall recover the shortages and
advances and other recoverable dues from the salaries
of the employees after following the necessary
procedure and the Union shall not interfere with the
matter”. This admission on his part clearly proves
that the Party II had made the said deductions on
the basis of the Settlement dated 24-04-1987 which
was produced in cross and marked as Exhibit 16. It
is seen that he is either not aware nor he is ready
to accept the fact that the Settlement was made at
Exhibit 16 which was signed before the Dy. Labour
Commissioner and therefore inspite of the
execution of the said Memorandum of Settlement
he goes to the extent of stating that several
settlements have been signed after the Settlement
at Exh.16, but he could not give any details about
any of the said settlements made thereafter upon
execution of Exh.16 and further states that he is
not aware whether any changes have been made
to Clause-5 of the said Settlement.
22. In his further cross-examination he has still
not checked whether the employees have signed
the settlements referred to at Sr. No. 15 to 24 of the
List of Documents of the Party II and the contents
of the said statements and also states that the
amount towards shortages were recovered from
the employees mentioned in the reference in 24
monthly installments by deducting from their
wages which is an admitted and factual position
and the act that is done by the Party II within the
provisions of the Rule and of the Memorandum of
Settlement and as per the Bye-Laws of the Party II.
23. The Party II has examined Shri Kashinath S.
Naik who is their Managing Director as their first
witness and Shri Vishant Vengurlekar as their second
witness after which they closed their case. The first
witness has produced the documents from Exhibit
19 to Exh. 47 relevant to their case and I have perused
all these documents in deciding the instant case.
Being the Managing Director of the Party II, he is
conversant with the facts of the present case and
accordingly he has mentioned the same in detail.
The cross-examination of the first witness has
remained intact. In his cross-examination he has
stated that he has power to issue charge-sheet and
hold inquiry with the approval of the Board and so
also he has power to sanction the leave of the
employees. He has further stated in his cross that “it
is true that the amount deducted from 20 employees is
shown on Exh. 13 Colly and Exh. 13 Colly is the copy
of the letter dated 12-06-2014 of Party II along with the
letter dated 13-11-2013. It is true that the amount
mentioned in the circular dated 28-01-2014 was
deducted only from the permanent employees and not
daily wage employees.” He admits further that no
charge-sheet was issued to the 20 employees before
deducting shortages amount from their salaries and
no domestic inquiry was held in respect of the said
20 workmen before deducting the shortages from
their salaries which is an admitted position.
24. The 2nd witness Shri Vishant Vengurlekar
has identified the documents from Exh. 32 to Exh.
42. He is conversant with the facts of the present
case and states that all the members of the Party II
establishment are the members of Party I and he
OFFICIAL GAZETTE — GOVT. OF GOA
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knows that Shri Subhash Naik Jorge is the President
of the Party I Union. He even knows the names of
the workers from whose salaries the deduction is
made. He has admitted in his cross that the
Party II had issued a Circular on 28-01-2014 claiming
that there was shortage amounting to Rs. 6,81,009/-
for the financial year 2011-2012 and shortage of
Rs. 2,44,519/- for the financial year 2010-2011. It is
to be noted here that he has precisely stated that
the employees who were working in branches
wherein shortages have occurred, only those
employees were required to pay the shortage
amount. He has also stated in his cross that those
who were working on daily wage basis at Junta
House and Market Branches, their wages were not
deducted. He states in his cross “It is true that
during the financial year 2010-2011 and 2011-2012
in Junta House and Market area branches both
permanent and daily wage workmen were working
and it was mentioned that the said shortages should
be paid only by permanent workmen in 24 monthly
installments. The said permanent workmen
addressed a letter dated 11-02-2014 to Party II
stating that deductions should not be made as per
the Circular as the same is illegal and unjustified”.
25. From the evidence on record, it is amply clear
that the Assistant Registrar of the Co-operative
Societies had submitted the Audit Report and as
per the audit conducted by them they found the
shortages and therefore directed the Party II to
recover the same from its employees/Party I. It is
also to be noted that the Party I and the Party II
have signed the settlement u/s 12(2) of the
Industrial Disputes Act before the Dy. Labour
Commissioner and as per Clause 5 it has been
agreed that;
Clause 5: The Management shall recover the
shortages and advances and other recoverable
dues from the salaries of the employees after
following the necessary procedure and the Union
shall not interfere with the matter.
26. Hence, by the above Clause, the Parties are
bound and it does not lie with Party I to be aggrieved
by the said deductions. It is further to be noted that
the Party I had also raised the same present issue
before the Registrar of Co-operative Societies,
wherein the said application filed by the Party I was
dismissed by the said Authority holding that in the
co-operative sector, it is the responsibility of each
and every share holder including the staff of the
Society to safe-guard the property of the Society and
it is also the duty of the Staff working at the respective
branches to ensure safety and security of goods and
further held that it is also undisputed that the losses
suffered by the Society were recovered from the Staff
and it is not something new that the Staff are not
aware of it. In the said Order dated 02-04-2012 which
application was rejected filed by the Party I it is
mentioned therein that there is also an Agreement
signed between the Parties wherein it is agreed that
the Management has the right to recover the
shortages as advances and other recoverable dues
from the salaries of the employees after following the
necessary procedure and the Union shall not
interfere with the matter and the Staff shall
co-operate with the Management in improving the
working and performing of all the Bhandars as well
as the Outlets. This Order stands binding on the
Parties as the same has achieved finality having not
being challenged before any Appellate Authority.
27. That, apart from the deposition of the
President of Party I, Shri Subhash Naik Jorge, none
of the employees are examined, that is, the
employees whose names are mentioned in the Order
of Reference which also proves that they were aware
of the entire facts, the position of the law and the
contents of the Settlement.
28. Advocate Shri P. Chawdikar on behalf of
Party II has drawn my attention to the judgment
dated 06-09-2018 passed by the Registrar of the
Co-operative Societies, Panaji-Goa in dispute
No. 07/12 which was an application filed by Shri V.
Pangam against the Goa State Co-operative
Marketing & Supply Federation Limited wherein
the application filed by the employees has been
rejected. The observations in this Judgment are
mentioned (Supra).
29. Learned Representative Shri S. Naik Jorge
places reliance on the following authorities:
1.
Nawabkhan Abbakhan v/s The State of
Gujarat 1974 AIR 1471 wherein the
Hon’ble Apex Court has given the
guidelines in following the principles of
natural justice.
2.
D. K. Yadav v/s M. A. Industries Ltd.,
1993 SCR (3) 930 wherein the Hon’ble Apex
Court has also observed the importance of
principles of natural justice and stressed
on the aspect of the principles of natural
justice that no man should be condemned
unheard intends to prevent the authority
to act arbitrarily affecting the rights of the
concerned person. No decision must be
taken which will affect the right of any
person without first being informed of the
case and be given him/her an opportunity
of putting forward his/her case.
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30. I have perused both the authorities in
deciding the present case and there is no dispute
as regards to the settled position of law but the
facts of the present case are totally different from
both the above mentioned cases and the above
ratio held in the said cases is not applicable to the
facts of the present case.
31. In view of the above reasons and having
regards to the evidence on record, issue No. 1 stands
answered in the negative.
Issue No. 2
32. It is the objection of the Party II that the
present reference is bad in law and not maintainable
as it is not an industrial dispute as defined u/s 2(k)
of the Industrial Disputes Act, 1947. Section 2(k) of
the Industrial Disputes Act reads as follows:
“industrial dispute” means any dispute or
difference between employers and employers, or
between employers and workmen, or between
workmen and workmen, which is connected with
the employment or non-employment or the terms
of employment or with the conditions of labour, of
any person”.
33. It also becomes useful to look into the
definition of workman u/s 2(s) of the Industrial
Disputes Act which reads as follows:
“workman” means any person (including an
apprentice) employed in any industry to do any
manual, unskilled, skilled, technical, operational,
clerical or supervisory work for hire or reward,
whether the terms of employment be express or
implied, and for the purposes of any proceeding
under this Act in relation to an industrial dispute,
includes any such person who has been dismissed,
discharged or retrenched in connection with, or
as a consequence of, that dispute, or whose
dismissal, discharge or retrenchment has led to
that dispute.”
34. Now keeping the above provision in mind, it
becomes necessary to look into the evidence
brought on record on the maintainability of the
present dispute. The first witness of Party I have
precisely mentioned in his Affidavit-in-Evidence
that some of the employees named in the present
reference are in the managerial and supervisory
grade and as such they do not fall under the
definition of the ‘workman’ as defined u/s 2(s) of
the Industrial Disputes Act. He has mentioned in
his cross-examination that other than the Managers
all other employees mentioned in the Order of
Reference are ‘workmen’ as per the Industrial
Disputes Act. This witness admits the names and
the designations mentioned in the Order of
Reference to be correct but further adds and states
that now designations of the said Officers might
have changed and according to him the employee
mentioned in Sr. No.15 of the Order of Reference
namely Vaman R. Pangam is now Manager and he
was Salesman earlier.
35. The 2nd and the last witness of the Party II has
also mentioned in his Affidavit-in-Evidence that he
is working with Party II since 1992 and he is aware
that an inquiry was conducted by one Sanjay V.
Khandolkar with regards to discrepancies noticed
by the Inspection Team on 18-07-2012 at Goa Sahakar
Bhandar, Junta House with regard to the shortages
and the statement of all the concerned employees
was recorded and he had submitted his Inquiry
Report dated 25-10-2012 wherein he had identified
the signature of Shri S. V. Khandolkar and the said
inquiry Report was marked as Exhibit 32. It is to be
noted here that the statement of all the witnesses
recorded i.e. of the employees was marked at Exhibit
33 and he has admitted in his cross that to run the
business, Party II engages large number of employees
such as Managers, Accountants, Clerks, Salesmen,
Salesgirls, Helpers and some workmen are
permanent and some are on daily wages. It is to be
noted here that Shri S. N. Jorge, the 1st witness of
the Party I has categorically stated in his cross-
examination that the employees at Sr. No.1 as
mentioned in the Order of Reference viz; Vidhya B.
Lad and Sr. No.19 Dayanand Y. Naik were designated
as Managers. Therefore, even these employees will
not come within the definition of Section 2(s) vis-a-
vis Section 2(k) of the Industrial Disputes Act and so
also the employee viz; Shri Vaman R. Pangam also
does not come within the definition of ‘workman’
because of the nature of their duties being managerial
in nature. It is useful to note that u/s 2(s) which
defines the term ‘workman’ does not include any
such person who is employed in the police service or
as an officer or other employee of a prison: or who is
employed mainly in a managerial or administrative
capacity or who is in supervisory capacity, draws
wages exceeding five hundred rupees per mensem
or exercise, either by the nature of the duties
attached to the office or by reason of the powers
vested in him, functions mainly of a managerial
nature”.
36. Hence, from the above, it is clear that on the
evidence given by the witnesses of both the Parties,
that the three employees whose names are mentioned
in detail above and in the Order of Reference to be
working in the managerial capacity cannot be
construed as a ‘workman’ and therefore the present
reference stands not maintainable and therefore the
claim of Party I does not fit within the provisions of
OFFICIAL GAZETTE — GOVT. OF GOA
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1487
the Industrial Disputes Act u/s 2(k) and therefore
Issue No. 2 stands answered in the affirmative.
Accordingly, I pass the following Order:
ORDER
(1)
The action of the management of M/s. The
Goa Co-operative Marketing and Supply
Federation Limited, Panaji-Goa, of deducting
amount towards the shortages, from the
salary of below mentioned employees, from
the wage period January, 2014 onwards, is
legal and justified.
(2)
The workmen mentioned in the Order of
Reference are not entitled for any relief.
(3)
No Order as to cost.
(4)
Inform the Government accordingly.
Sd/-
(Bela N. Naik),
Presiding Officer,
Industrial Tribunal and
Labour Court.
Dated: 28-04-2022.
Place: Panaji, Goa.
————
Notification
No. 28/29/2001-LAB/276
In exercise of the powers conferred by Section 7
of the Minimum Wages Act, 1948 (Central Act 11 of
1948) read with Rule 3 of the Goa, Daman and Diu
Minimum Wages (Advisory Board) Rules, 1974 and
Section 21 of the General Clauses Act, 1897 (Central
Act 10 of 1897), the Government of Goa hereby
amends the Government Notification No. 28/29/
/2001-LAB/3 dated 03-01-2022, published in the
Official Gazette (Supplement), Series II No. 41 dated
06-01-2022 (hereinafter referred to as the “principal
Notification”), as follows:-
In the principal Notification, for the existing
entries against serial numbers 3 and 4, the following
entries shall be respectively substituted, namely:-
“3. Smt. Jennifer Monserrate,
—
Member.
Hon’ble Member of
Legislative Assembly of Goa
4. Shri Rudolf Fernandes,
—
Member.
Hon’ble Member of
Legislative Assembly of
Goa
”.
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.
Amalia O. F. Pinto, Under Secretary (Labour).
Porvorim, 14th June, 2022.
———uuu———
Department of Legal Metrology
–––
Notification
No. 1/2/12-CLM/2022/416/868
In exercise of the powers conferred by sub-section (3) of Section 14 of the Legal Metrology Act, 2009
(Central Act No. 1 of 2010), and in supersession of the Government Notification No. 1/2/12-CLM/686/2669
dated 05-11-2012, published in the Official Gazette, Series II No. 32 dated 08-11-2012, the Government of
Goa hereby specifies that the Legal Metrology Officers specified in Column (2) of the Table below shall
exercise the powers and discharge the functions conferred upon them by the said Act within the local
limits as specified in the corresponding entries in Column (3) of the Table below:
Table
Sr. No.
Legal Metrology Officers
Local Limits
1
2
3
1.
Assistant Controller, Legal Metrology,
Whole area of Talukas of Bardez, Pernem,
North Zone, Mapusa
Bicholim and Sattari.
2.
Assistant Controller, Legal Metrology,
Whole area of Talukas of Tiswadi and Ponda.
Central Zone, Panaji
3.
Assistant Controller, Legal Metrology,
Whole area of Talukas of Salcete and Mormugao.
South Zone-I, Margao
4.
Assistant Controller, Legal Metrology,
Whole area of Talukas of Quepem, Sanguem,
South Zone-II, Curchorem
Canacona and Dharbandora.
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1
2
3
5.
Assistant Controller, Legal Metrology,
Implementation of the provision of the Legal
Central Laboratory/Packaged Commodities,
Metrology (Packaged Commodities) Rules,
Porvorim
2011, for the whole State of Goa and other
work at Central Laboratory at the Head Office.
6.
Inspector, Legal Metrology, Head Office,
Whole of the State of Goa under the guidance
Porvorim
of the Assistant Controller, Legal Metrology,
Central Laboratory/Packaged Commodities
and in assistance with other inspectors under
their jurisdiction.
7.
Inspector, Legal Metrology, Mapusa-I
Urban–Municipal area of Bardez Taluka.
8.
Inspector, Legal Metrology, Mapusa-II
Rural-Panchayat area of Bardez Taluka.
9.
Inspector, Legal Metrology, Bicholim
Whole area of Bicholim and Sattari Talukas.
10.
Inspector, Legal Metrology, Pernem
Whole area of Pernem Taluka.
11.
Inspector, Legal Metrology, Ponda-I
Urban–Municipal area of Ponda Taluka.
12.
Inspector, Legal Metrology, Ponda-II
Rural–Panchayat area of Ponda Taluka.
13.
Inspector, Legal Metrology, Panaji
Whole area of Tiswadi Taluka.
14.
Inspector, Legal Metrology, Margao-I
Urban–Municipal area of Margao.
15.
Inspector, Legal Metrology, Margao-II
Rural–Panchayat area of Salcete Taluka.
16.
Inspector, Legal Metrology, Vasco
Whole area of Mormugao Taluka.
17.
Inspector, Legal Metrology, Curchorem
Whole area of Quepem Taluka.
18.
Inspector, Legal Metrology, Sanguem
Whole area of Sanguem and Dharbandora
Talukas.
19.
Inspector, Legal Metrology, Canacona
Whole area of Canacona Taluka.
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.
P. S. Shirodkar, Controller & ex officio Under Secretary (Legal Metrology).
Porvorim, 14th June, 2022.
———uuu———
Department of Law & Judiciary
Law–Establishment Division
–––
Notification
No. 12/18/2015-LD(Estt)(P.F.I.)/886
The Notifications No. A-3902/G/2022/766, No. A-3902/G/2022/767 and No. A-1201/G/2022/765 dated
20-05-2022 which have been issued by the High Court of Judicature, Appellate side, Bombay is hereby
published for general information of the public.
By order and in the name of the Governor of Goa.
Amir Y. Parab, Under Secretary (Law Estt.).
Porvorim, 17th June, 2022.
———
Notifications by the High Court of Judicature
Appellate Side, Bombay
–––
No. A-3902/G/2022/766
Read: 1) High Court of Memo of Annual General Transfers-2022 dated 06-04-2022.
The Hon’ble Chief Justice & Hon’ble Judges have been pleased to make the following postings:-
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1489
Sr.
Name
Present
Proposed
No.
posting
posting
1.
Ms. Kalpana V. Gavas
Civil Judge, Senior Division
Civil Judge, Senior Division
and Judicial Magistrate First
and Judicial Magistrate, First
Class, Bicholim, North Goa
Class, Vasco-da-Gama, South
Goa.
2. Ms. Shubhada Atchut
Ad hoc Civil Judge, Senior Division
Ad hoc Civil Judge, Senior
Dalvi
and Judicial Magistrate, First Class,
Division and Judicial
Vasco-da-Gama, South Goa
Magistrate, First Class,
Bicholim, North Goa.
High Court, Bombay
M. W. Chandwani,
Dated: 20th May, 2022.
Registrar General.
———
No. A-3902/G/2022/767
Read: 1) High Court Memo of Annual General Transfers-2022 dated 06-04-2022.
The Hon’ble Chief Justice & Hon’ble Judges have been pleased to make the following postings:-
Sr. No.
Name
Present posting
Proposed posting
1
2
3
4
1.
Shri Shahir Shirazali
Civil Judge, Junior Division
Civil Judge, Junior Division
Issani
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Margao, South Goa
Class, Panaji, North Goa vice
Ms. Ashwini V. Khandolkar
transferred.
2. Ms. Sunita Atchut
Civil Judge, Junior Division
Civil Judge, Junior Division
Gaunekar
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Sanguem, South Goa
Class, Pernem, North Goa
vice Ms. Suman C. Gad
transferred.
3. Ms. Vaishali Ashok
Civil Judge, Junior Division
Civil Judge, Junior Division
Lotlikar
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Vasco-da-Gama, South Goa
Class, Sattari-at-Valpoi, North
Goa vice Shri Jude Torex
Sequeira transferred.
4. Shri Audi Shanoor
Civil Judge, Junior Division
Civil Judge, Junior Division
@Jagdish Pandurang
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Canacona, South Goa
Class, Ponda, North Goa vice
Ms. Puja U. Suryarau Sardessai
transferred.
5. Ms. Anuradha Andrade
Civil Judge, Junior Division
Civil Judge, Junior Division
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Mapusa, North Goa
Class, Canacona, South Goa
vice Shri Audi Shanoor
@ Jagdish Pandurang
transferred.
6. Ms. Ashwini Vishnudas
Civil Judge, Junior Division
Civil Judge, Junior Division
Khandolkar
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Panaji, North Goa
Class, Mapusa, North Goa,
vice Ms. Anuradha Andrade
transferred.
1490
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1
2
3
4
7. Ms. Puja Ulhas Suryarau
Civil Judge, Junior Division
Civil Judge, Junior Division
Sardessai
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Ponda, North Goa
Class, Margao, South Goa
vice Shri Shahir S. Issani
transferred.
8. Ms. Suman Chandrakant
Civil Judge, Junior Division
Civil Judge, Junior Division
Gad
and Judicial Magistrate, First
and Judicial Magistrate, First
Class, Pernem, North Goa
Class, Vasco-da-Gama, South
vice Ms. Vaishali A. Lotlikar
transferred.
9. Shri Jude Torex Sequeira
Civil Judge, Junior Division
Civil Judge, Junior Division and
and Judicial Magistrate, First
Judicial Magistrate, First Class,
Class, Sattari-at-Valpoi, North Goa
Vasco-da-Gama, South Goa
vice Ms. Purva V. Naik
transferred.
10. Ms. Purva Vishnudas
Civil Judge, Junior Division
Civil Judge, Junior Division and
Naik
and Judicial Magistrate, First
Judicial Magistrate, First Class
Class, Vasco-da-Gama, South Goa
Panaji, North Goa vice
Ms. Pooja S. Desai transferred.
11. Ms. Anusha Digamber
Civil Judge, Junior Division
Civil Judge, Junior Division and
Kaisukar
and Judicial Magistrate, First
Judicial Magistrate, First Class
Class Mapusa, North Goa
Sanguem, South Goa vice
Ms. Sunita A. Gaunekar
transferred.
12. Ms. Pooja Shirish Desai
Civil Judge, Junior Division
Civil Judge, Junior Division
and Judicial Magistrate, First
Judicial Magistrate, First Class
Class Panaji, North Goa
Mapusa, North Goa vice
Ms. Anusha D. Kaisukar
transferred.
High Court, Bombay
M. W. Chandwani,
Dated: 20th May, 2022.
Registrar General.
———
No. A-1201/G/2022/765
Read: 1) High Court Memo of Annual General Transfers-2022 dated 06-04-2022.
The Hon’ble Chief Justice & Hon’ble Judges have been pleased to make the following postings:-
Sr. No.
Name
Present posting
Proposed posting
1
2
3
4
1.
Ms. Paul Sherin Gerturde
District Judge-1 and Additional
District Judge-1 and
Sessions Judge, Mapusa, North Goa Additional Sessions Judge,
Margao, South Goa vice Shri
Vincent M. D’Silva.
2. Shri Vincent M. D’Silva
District Judge-1 and Additional
Disrict Judge-2 and
Sessions Judge, Margao, South Goa Additional Sessions Judge,
Margao, South Goa vice Shri
P. M. Shinde retired.
3. Ms. Pooja C. Kavlekar
Ad hoc District Judge-2 and
Ad hoc District Judge-1 and
Additional Sessions Judge, Panaji,
Additional Sessions Judge,
North Goa
Margao, South Goa vice Shri
Cholu M. Gauns transferred.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1491
4. Shri Bosco Gaudentius
Ad hoc District Judge-1
Ad hoc District Judge-2 and
F. Roberts
and Additional Sessions Judge,
Additional Sessions Judge,
Mapusa, North Goa
Margao, South Goa vice Ms.
Sharmila A. Patil transferred.
5. Shri Anil Scaria
District Judge-3 and Assistant
District Judge-2 and
Sessions Judge, Panaji, North Goa
Assistant Sessions Judge,
Panaji, North Goa vice
Ms. Kshama M. Joshi
transferred.
6. Shri Cholu M. Gauns
Ad hoc District Judge-1 and
Ad hoc District Judge-1 and
Additional Sessions Judge,
Additional Sessions Judge,
Margao, South Goa
Panaji, North Goa vice Ms.
Shaikh Shabnam.
7. Ms. Shaikh Shabnam
Ad hoc District Judge-1 and
Ad hoc District Judge-2 and
Additional Sessions Judge, Panaji,
Additional Sessions Judge,
North Goa
Panaji, North Goa vice Ms.
Pooja C. Kavlekar transferred.
8. Ms. Kshama M. Joshi
District Judge-2 and Additional
District Judge-1 and
Sessions Judge, Panaji, North Goa
Additional Sessions Judge,
Mapusa, North Goa vice Ms.
Paul Sherin Gerturde
transferred.
9. Ms. Sharmila Anant Patil
Ad hoc District Judge-2 and
Ad hoc District Judge-1 and
Additional Sessions Judge, Margao,
Additional Sessions Judge,
South Goa
Mapusa, North Goa vice
Shri Bosco Gaudentius
F. Roberts transferred.
High Court, Bombay
M. W. Chandwani,
Dated: 20th May, 2022.
Registrar General.
————
Notification
No. 12/18/2015-LD(Estt)(P.F.I.)/890
The Notification No. PL(APP)/GOA/PRO/G-A/
/2022/2554 dated 17-05-2022, which have been
issued by the High Court of Judicature Appellate
side at Bombay is hereby published for general
information of the public.
By order and in the name of the Governor of
Goa.
Amir Y. Parab, Under Secretary (Law-Estt.)
Porvorim, 17th June, 2022.
Notification by the High Court of Judicature
Appellate side at Bombay
No. PL(APP)/GOA/PRO/G-A/2022/2554
Mr. Sanil Pillai, Assistant, candidate on the Select
List of “Protocol Officer-cum-Court Keeper”, working
on the establishment of the High Court of Bombay
at Goa, is hereby promoted and appointed to the
post of “Protocol Officer-cum-Court Keeper”, in Pay
Matrix Level 11 67700-208700 on the establishment
of the High Court of Bombay at Goa with effect
from 17th May, 2022 or with effect from the date he
assumes charge of the said post in vacant post of
“Protocol Officer-cum-Court Keeper”.
By order and in the name of the Hon’ble the
Chief Justice.
High Court of Judicature
R. N. Joshi,
at Bombay, 17th May, 2022.
I/c. Registrar
Porvorim, 17th June, 2022.
———uuu———
Department of Personnel
––
Order
No. 7/5/2015-PER/3188
Read: Notification No. 7/3/2019-PER/3062 dated
31-05-2022.
In supersession of all Orders issued in this regard,
the following shall be the standing arrangement of
Link Secretary for disposal of work related to the
Departments under their charge during their
absence due to tour/training/leave/transfer unless
General.
1492
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
specific orders are otherwise issued.
Sr. No.
Name & Designation
1st Link Secretary
2nd Link Secretary
1
2
3
4
1.
Dr. Puneet Kumar Goel, IAS (1991)
Dr. V. Candavelou, IAS (1997)
Shri M.R.M. Rao, IAS (2007)
Chief Secretary
(Finance) Secretary (Transport).
1. Vigilance/Chief Vigilance
Officer
.
2. Home
3. Personnel & ARD
4. PWD
5. Civil Aviation
6. Mines & Geology
7. Forest
8. Town & Country Planning
2. Dr. V. Candavelou, IAS (1997)
Shri M.R.M. Rao, IAS (2007)
Shri Sanjay Gihar, IAS (2008)
Principal Secretary (Finance)
Secretary (Transport)
Secretary (Art & Culture).
1. Finance
2. Industries, Trade & Commerce
3. Handicrafts, Textile and Coir
4. Ports
5. River Navigation
6. Planning & Statistics
3. Shri M.R.M. Rao, IAS (2007)
Shri Sanjay Gihar, IAS (2008)
Shri Sandip Jacques, IAS
Secretary (Transport)
Secretary (Art & Culture)
(2009)
1. Transport
Secretary (GA)
2. PPP
3. Co-operation
4. Official Language
5. Goa Gazetteer
6. Public Grievances
7. Legal Metrology
4. Shri Sanjay Gihar, IAS (2008)
Shri Sandip Jacques, IAS
Shri Subhash Chandra, IAS
Secretary (Art & Culture)
(2009)
(2009)
1. Art & Culture
Secretary (GA)
Secretary (Water Resources).
2. Museum
3. Urban Development
4. Information & Publicity
5. Science, Technology and Waste
Management
6. Nodal Officer SBM (U) and
PMAY (U)
5. Shri Sandip Jacques, IAS (2009)
Shri Subhash Chandra, IAS
Shri Ravi Dhawan, IAS (2011)
Secretary (GA)
(2009) Secretary (Education).
1. General Administration
Secretary (Water Resources)
2. Law & Judiciary and Legislative
Affairs
3. Labour & Employment
4. Revenue
6. Shri Subhash Chandra, IAS (2009)
Shri Ravi Dhawan, IAS (2011)
Shri Menino D’Souza, IAS
Secretary (Water Resources)
Secretary (Education)
(2011)
1. Water Resources
Secretary Panchayat).
2. Social Welfare
3. Tribal Welfare
4. Provedoria
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1493
1
2
3
4
7. Shri Ravi Dhawan, IAS (2011)
Shri Menino D’Souza, IAS Shri Arun Kumar
Secretary (Education)
(2011) Mishra, IAS (2012) Secretary
1. Education
Secretary (Panchayat) Secretary (Environment).
2. Tourism
3. Skill Develpoment &
Entrepreneurship
4. M.D. & CEO, IPSCDL
5. CEO, Goa CSR Authority
8. Shri Menino D’Souza, IAS
Shri Arun Kumar Mishra,
Shri Y.V.V.J. Rajasekhar, IAS
(2011) Secretary (Panchayat) IAS (2012)
(2012)
1. Panchayat
Secretary (Environment) Secretary (Power).
2. Rural Development
3. Archaeology
4. Archives
5. Nodal Officer SBM (R) & PMAY (R)
9. Shri Arun Kumar
Shri Y.V.V.J. Rajasekhar, IAS
Shri Ajit Roy, IAS (2013)
Mishra, IAS (2012)
(2012)
Secretary to Chief Minister.
Secretary (Environment)
Secretary (Power)
1. Environment
2. Agriculture
3. Animal Husbandry & Veterinary
Services
4. Fisheries
10. Shri Y.V.V.J. Rajasekhar, IAS
Shri Ajit Roy, IAS (2013)
Shri Sanjit Rodrigues, IAS
(2012) Secretary (Power)
Secretary to Chief Minister
(2013)
1. Power Secretary (Housing).
2. New & Renewable Energy
3. Health
4. Women & Child Development
11. Shri Ajit Roy, IAS (2013)
Shri Sanjit Rodrigues, IAS (2013) Shri Sanjiv Gadkar, IAS (2013)
Secretary to Chief Minister
Secretary (Housing)
Special Secretary
1. Secretary to Chief Minister
(Except Sr. No.1)
(Home/Personnel).
2. Sports & Youth Affairs
(Except Sr. No.1)
3. Information Technology
12. Shri Sanjit Rodrigues, IAS (2013)
Shri Sandip Jacques, IAS (2009) Shri Sanjiv Gadkar, IAS (2013)
Secretary (Housing)
Secretary (GA) Special Secretary
1. Housing
Secretary (Home/Personnel).
2. Printing & Stationery
3. Civil Supplies
4. Factories & Boilers
5. Protocol
6. Secretary, Goa State
Commission for Protection
for Child Rights
13. Shri Sanjiv Gadkar, IAS (2013) Shri Sanjit Rodrigues, IAS (2013) Shri Menino D’Souza, IAS
Special Secretary (Home, Personnel) Secretary (Housing) (2011)
1. Special Secretary (Home, Personnel) Secretary (Panchayat).
By order and in the name of the Governor of Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 9th June, 2022.
1494
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SERIES II No. 12
23RD JUNE, 2022
Order
No. 6/10/2017-PER/Part/3212
On the recommendation of the Goa Services Board, the Governor of Goa is pleased to order the transfer
and posting of the following Senior Scale officers of Goa Civil Service, in public interest, with immediate
effect:-
Sr.
Name and present posting of the
Posted as
No.
Officer
1. Smt. Neha Naik Panvelkar, Managing Director, Goa
Commissioner of Departmental
Housing Board (under transfer)
Inquiries.
Shri Sudhir S. Kerkar, Director of Civil Supplies & Consumer Affairs shall hold additional charge of
Managing Director, Goa Housing Board in addition to his own duties.
The officers shall complete handing over and taking over process with immediate effect and submit
compliance.
By order and in the name of the Governor of Goa.
Eshant V. Sawant, Under Secretary (Personnel-I).
Porvorim, 13th June, 2022.
————
Order
No. 7/2/93-PER/3229
On the recommendation of Goa Public Service Com-
mission conveyed vide their letter No. COM/II/
/12/47(1)/2022/117 dated 30-05-2022, the Governor of
Goa is pleased to declare Shri Vivek Kamat,
Director of Technical Education as having
satisfactorily completed his probation period of two
years w.e.f. 15-05-2012 to 14-05-2014 in the said post
of Director of Technical Education.
By order and in the name of the Governor of
Goa.
Nathine S. Araujo, Under Secretary (Personnel-II).
Porvorim, 14th June, 2022.
Order
No. 22/10/2022-PER/3231
In pursuance to the Order No 14020/02/2020-
-UTS.I dated 20-04-2022 issued by the Ministry of
Home Affairs, Government of India, New Delhi, the
Governor of Goa is pleased to post Shri Bosco
George, IPS, as Superintendent of Police (Security),
with immediate effect.
Shri Bosco George, IPS, shall also hold the charge
of Commandant IRBn, FRRO and SP (SPCR) in
addition to his own duties.
Shri Bosco George, IPS joined the Goa
Administration on 03-06-2022 (b.n.).
By order and in the name of the Governor of
Goa.
Nathine S. Araujo, Under Secretary (Personnel-II)
Porvorim, 16th June, 2022.
———uuu———
Department of Public Health
––––
Notification
No.13/11/2018-I/PHD/945
In exercise of the powers conferred by sub-section (1) of Section 20 of the Drugs and Cosmetics Act,
1940 (Central Act No. 23 of 1940), the Government of Goa hereby appoints Smt. Sushmita D’Souza, Junior
Scientific Officer (Drugs) of the Food and Drugs Laboratory of the Directorate of Food and Drugs
Administration, of the Government of Goa, to be a Government Analyst, for the whole of the State of Goa,
in respect of all classes of drugs and cosmetics, except those drugs specified at Item numbers 1 to 7, 13
and 14 of the Schedule C to the Drugs and Cosmetics Rules, 1945.
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.
Gautami Parmekar, Under Secretary (Health II).
Porvorim, 15th June, 2022.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1495
Directorate of Skill Development & Entrepreneurship
–––
Notification
No. DSDE/TRG/District Skill Committee/South/
/2019/2900
The Ministry of Skill Development &
Entrepreneurship, Government of India has
launched initiatives like Aspirational Skill Abhiyaan
and Skills Acquisition and Knowledge Awareness
for Livelihood Promotion (SANKALP) to provide an
impetus to “Skill India Mision” and to meet the
objectives by adopting bottom up approach in State
level planning.
The Skill Ecosystem has been evolved at National
and State level and the same is to be replicated at
District level, thereby facilitate on-ground
implementation of various skilling initiatatives of
MSDE, GoI and ensure indepth consistency in
skilling ecosystem to include all sections of the
Society.
As per directives of Ministry of Skill Development
& Entrepreneurship, Government of India, the
Government is pleased to constitute District Skill
Committee (DSC) for both the Districts in the State
to facilitate on-ground implementation of various
Skilling initiatives of Government of India at District
level. The Composition of the District level Skill
Committees (DSC) for South Goa District is as under:-
1. The District Collector, South-Goa
— Chairman.
2.Representative of Directorate
— Member.
of Education
3. Representative of Directorate
— Member.
of Technical Education
4. The District Labour Officer,
— Member.
Office of Dy. Labour
Commissioner, Margao-Goa
5. General Manager-Engineering,
— Member.
Directorate of Industries, Trade
& Commerce, Panaji-Goa
6. Shri D. S. Prashant, CEO, Fiire,
— Member.
Don Bosco Engineering College,
Fatorda-Goa
7. Representative of Industrial
— Member.
Association
8. Shri Manish Gosalia,
— Member.
Managing Trustee, Knowledge
Foundation, Margao-Goa
9. Mission Director- SSDM/Director, — Member
DSDE
Secretary.
The mandate of the District Skill Committee shall
be as under:-
1) Conduct, facilitate and track skill gap across
the district for job creation.
2) Project the future demand of the industry in
that District and bolster current supply to meet
the demand.
3) Suggest and explore methods to increase
livelihood opportunities.
4) Leverage the industries to create and facilitate
enhanced job creation.
5) Review of Infrastructure, machinery across
vocational training providers engaged in
implementation of Central and State
Government schemes.
6) Building and nurturing industry relationship
in close co-ordination with Industry
Department and various industry clusters.
7) Facilitate training of Trainers across
Vocational institutes.
8) Facilitate and explore use of Satellite based
distance learning, MOOC, digital technology
and improvement in leaning outcome.
9) Mentor new Vocational Institutes.
10) Develop infrastructure and facilities for
placement and job melas, counselling centres
for vocational graduates, awareness about
National Career centre, Skill Exchange, Model
Career Centre.
11) Monitoring progress of apprenticeship
schemes.
12) Organising of Convocation for vocational
graduates.
13) Monitoring progress of various State and
Central Schemes.
14) Ensure convergence of funds under various
schemes.
15) Facilitate entrepreneurship development.
16) To set up District Nodal Skill Centre (DNSC) at
District level for functioning of the DSC.
The Concept Note from Ministry of Skill
Development & Entrepreneurship, Government of
India on District Skilling Committee and District
Nodal Skill Centre is enclosed for reference. The
Committee may Co-opt additional members on the
Committee for efficient implementation of the
mandate of the Committee.
The DSC shall meet once in three months and the
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SERIES II No. 12
23RD JUNE, 2022
Non-official members of the DSC shall be entitled
for remuneration of Rs. 1,500/- per sitting of the
DSC.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary
(Skill Development & Entrepreneurship).
Panaji, 14th September, 2020.
————
Addendum
No. DSDE/TRG/DSC-S/Meeting/2020/2634
Read: 1) Notification No. DSDE/TRG/District Skill
Committee/South/2019/2900 dated
14-09-2020.
2) Corrigendum No. DSDE/TRG/District Skill
Committee/South/2019/2999 dated
25-09-2020.
3) Corrigendum No. DSDE/TRG/District Skill
Committee/South/2019/3364 dated
4-11-2020.
4) Addendum No. DSDE/TRG/District Skill
Committee/South/2019/3871 dated
17-12-2020.
With reference to above referred notification, the
following member is included as a member of
District Skill Committee–South Goa at Sr. No. 12.
12. “Chief Officer, Margao Municipal Council”.
By order and in the name of the Governor of
Goa.
Deepali D. Naik, Director & ex officio Joint
Secretary (Skill Development & Entrepreneurship/
/Member Secretary of DSC.).
Panaji, 30th December, 2021.
————
Addendum
No. DSDE/TRG/District Skill Committee/South/
/2019/3871
Read: 1) Notification No. DSDE/TRG/District Skill
Committee/South/2019/2900 dated
14-09-2020.
2) Corrigendum No. DSDE/TRG/District Skill
Committee/South/2019/2999 dated
25-09-2020.
3) Corrigendum No. DSDE/TRG/District Skill
Committee/South/2019/3364 dated
4-11-2020.
With reference to above referred notification, the
following members are included as members of
District Skill Committee at Sr. No. 10 and 11.
10) Director, Directorate of Agriculture,
Government of Goa or his representative.
11) Assistant Director of Micro, Small & Medium
Enterprise Development Institute, Goa.
Remaining contents of the said Notification shall
remain unchanged.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary
(Skill Development & Entrepreneurship).
Panaji, 17th December, 2020.
————
Corrigendum
No. DSDE/TRG/District Skill Committee/South/
/2019/2999
Read: Notification No. DSDE/TRG/District Skill
Committee/South/2019/2900 dated 14-09-2020.
The composition of the Member of the District
Skill Development Committee at Sl. No. 7 may be
read as the “President, Goa Chamber of Commerce
and Industry” instead of “Representative of
Industrial Association”.
Remaining contents of the said Notification shall
remain unchanged.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary
(Skill Development & Entrepreneurship).
Panaji, 25th September, 2020.
———
Corrigendum
No. DSDE/TRG/District Skill Committee/South/
/2019/3364
Read: Notification No. DSDE/TRG/District Skill
Committee/South/2019/2900 dated 14-09-2020.
The composition of the member of the District
level Skill Committee (DSC) at Sl. No. 5 may be read
as the “General Manager, Directorate of Industries,
Trade & Commerce, Panaji-Goa” instead of “General
Manager–Engineering, Directorate of Industries,
Trade & Commerce, Panaji-Goa”.
Remaining contents of the said Notification shall
remain unchanged.
By order and in the name of the Governor of
Goa.
Dipak Desai, Director & ex officio Joint Secretary
(Skill Development & Entrepreneurship).
Panaji, 04th November, 2020.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
1497
Department of Transport
Directorate of Transport
–––
Notification
No. 5/9/90-Tpt/2022/(PF-III)/1492
Read: Notification No. 5/5/90-Tpt/2014/3624 dated
15-10-2014.
Whereas, M/s Domnic and Joan Ministries was
granted exemption by the Government, under Rule
22(1) (xii) Goa, Daman & Diu Motor Vehicles Tax
Rules, 1974 from payment of tax vide Notification
No. 5/5/90-Tpt/2014/3624 dated 15-10-2014 for M.V.
No. GA03Y 2020 Mercedes Benz B 180 CDI bearing
chassis No. WDD24620721276629*0614 and Engine
No. 65193032300606 of Model June, 2014.
And whereas, an exemption from whole payment
of Motor Vehicles Tax under Rule 22 (1) (xii) of Goa,
Daman & Diu Motor Vehicles Tax Rules, 1974
(hereinafter referred as the “said rules”) can be
granted to the motor vehicles owned by such
charitable, cultural, welfare, or philanthropic
institutions as may be notified by the Government.
And whereas, subsequently CAG Auditor has
made an observation of loss of revenue of
Rs. 3,01,779/- due to grant of aforesaid notification
and the file was submitted for legal opinion to Law
Department, who opined that aforesaid rule does
not specifically lay down class of vehicle which are
to be exempted from payment of tax being used by
charitable institution notified by Govt., however
purpose of rule and the provision of the Act relating
to grant of such exemption is required to be kept in
view while granting any exemption to any
charitable, cultural welfare or philanthropic
institution. Law Department said that the
exemption granted on case to case basis solely on
the ground that any trust which is doing activities
of charity is granted exemption from the payment of
road tax is not in consonance to Rule 22 of the said
Rules. The said car is purchased by the said
institution for use of its member for conveyance at
a cost of Rs. 30,17,792/- lakhs and paid Rs. 30,000
obtaining choice number and recommended that
the Notification No. 5/5/90-Tpt/2014/3624 dated
15-10-2014 granting exemption is required to be
withdrawn.
And whereas, Department issued Show Cause
Notice (SCN) dated 02-06-2022 on behalf of
Government for revocation of Notification &
recovery of exempted tax.
And whereas, in response to the show cause
notice, legal counsel on behalf of Domnic & Jo-an
Ministries appeared and submitted that Rule 22 (1)
(xii) doesn’t lay any specific qualification such as
luxury or otherwise and therefore it is contrary to
the basic rule of interpretation of fiscal statutes and
that no words can be added to give a complete
different interpretation. Further, the authority is
stopped in law from taking a different stand now
unless the Authority has come to the conclusion
that the Notification is ex facie illegal. Further, the
Rules does not provide for recovery of taxes wherein
the exemption is granted by following the due
process of law.
And whereas, on perusal of the documents
available on file, and considering the written and
oral submission of the counsel it is seen that
Charitable, cultural, welfare, or philanthropic
institutions often have, limited resources to carry
out its work and to support it functioning,
Government has created enabling provision for
grant tax of exemption by Government under Rule
22(1) (xii) Goa, Daman & Diu Motor Vehicles Tax
Rules, 1974 on vehicles owned by such institutions.
No doubt, the provision has no restrictions, at the
same time such institutions are not imagined as the
ones who will use this provision for exemption of
MV tax to provide high end vehicle for use of its
office bearers. It is taxpayers money and one of the
important source of revenue. It is within the
competence of Govt. to make correct interpretation
of provision to prevent abuse and revert the decision
if required. The above luxury car (at a high cost of
Rs. 30,17,792 and an additional amount of
Rs. 30,000/- paid towards choice number) appears
to be purchased by the trust only for the use of its
members for conveyance and not for larger
charitable purpose. Even during the hearing the
respondent is silent and not clarified the core of
SCN i.e. for what charitable purpose such an
expensive car is needed. Other grounds cited by
respondent also gets addressed here.
And whereas, aforesaid notification for grant of
exemption issued to the applicant is not a blanket
notification and done on case to case basis. The
word “charitable” in Rule 22(1) (XII) needs to be
construed in a manner so as to achieve the purpose.
Power to grant also includes power to withdraw
whenever abuse is noticed. In the present case the
Audit has pointed out that exemption provided by
the Government from payment of road tax to the
Society/Trust for purchase of new luxury motor car
has defeated the very objective and has resulted in
loss of revenue.
And whereas, Government is satisfied that the
exemption granted is not in consonance with the
rules and needs to be revoked and amount of tax to
be recovered.
1498
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 12
23RD JUNE, 2022
And whereas, the amount to be recovered shall be as specified in the Order of Recovery.
Now therefore, the Government withdraws the Notification No. 5/5/90-Tpt/2014/3624 dated
15-10-2014 (granting exemption to Domnic & Jo-an Ministries from payment of tax) which was published
in Official Gazette, Government of Goa, Series II No. 32 dated 06-11-2014 retrospectively from the date of
Notification i.e. 15-10-2014.
By order and in the name of the Governor of Goa.
Rajan Satardekar, Director & ex officio Addl. Secretary (Transport).
Panaji, 15th June, 2022.
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