Goa Gazette, No. 2223-39, 29 December 2022

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

RNI No. GOAENG/2002/6410

SERIES II No. 39

Panaji, 29th December, 2022 (Pausa 8, 1944) PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Civil Supplies and Consumer Affairs ––– Notification

No. DCS/ENF/NFSA/VCTL/2022-23/3228 Dr. Suresh Shanbhogue, Director & ex officio Joint Secretary (Civil Supplies and Consumer Affairs).

Panaji, 21st December, 2022.

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Department of Co-operation Office of the Registrar of Co-operative Societies

–––

Order

Read: Notification No. DCS/ENF/NFSA/VCTL/ /17-18 dated 17th January, 2018 published in the Official Gazette, Series II No. 42 dated 18th January, 2018.

Amendment

In the above read order, the Vigilance Committee for the Taluka Level under (I) North Goa, '(E)' shall be substituted as below.

(E) Vigilance Committee for Satari Taluka

(i) Joint Mamlatdar-I — Chairperson.

and Nodal Grievance Redressal Officer

(ii) Shri Sayyed Sarfaraz, — Member.

Member of Ward No. 07 of Valpoi Municipal Council

(iii) Shri Prashant P. Marathe, — Member.

Member of Ward No. 1 of Village Panchayat of Nagargao

(iv) Smt. Rajashree Rajendra — Member.

Gawas

(v) Shri Anand Gawade — Member.

(vi) Shri Nitin Shivdekar — Member.

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.

No. 3/3/Urban Credit/TSII/QZ/2018/RCS/3481

Read: 1) Order No. 48-8-2001/TS/RCS/III/4650 dated

26-02-2018.

2) Notification No. 3/3/Urban Credit/TSII/PZ/ 2017/RCS/Suppl.5306 dated 10-02-2020.

3) Letter No. BMUCCS/2020-21/034 dated

08-12-2020.

4) Order No. 3/3/Urban Credit/TS II/QZ/2018/

/RCS/367 dated 04-02-2021.

5) Letter No. ARCS/QZ/Rs Nominee/2012/613

dated 29-08-2022.

6) Letter No. ARCS/QZ/Rs Nominee/2012/899

dated 09-11-2022.

Whereas, vide Order read at No. 1 above issued by the Registrar of Co-operative Societies u/s. 86 (1) of the Goa Co-operative Societies Act, 2001 (Goa Act No. 36 of 2001) (hereafter referred to as 'Act'), read with Rule 116 (1) of the Goa Co-operative Societies Rules, 2003, Adv. Surendra M. Gaonkar having Office at GFO-2, 1st Floor, Bldg. "G", Angelica Arcade, Quepem, Goa 403705 was appointed as the Registrar Nominee for deciding the disputes arising in any of the Co-operative Societies referred to him by the Registrar of Co-operative Societies/Asst. Registrars of Co-operative Societies.

And whereas, vide letter read at No. 3 above, the Balli Mahal Urban Co-operative Credit Society Ltd., Balli, Quepem, Goa submitted request for appointment of Adv. Surendra M. Gaonkar as2687 Suggestions are welcomed on e-mail: [email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 dedicated Registrar's Nominee for their Society. The Registrar of Co-op. Societies in exercise of the powers conferred u/s. 123(B) of the Goa Co-operative Societies Act, 2001 read with Notification read at No. 2 above appointed said Adv. Surendra M. Gaonkar as the dedicated Registrar's Nominee vide Order read at No. 4 above, thereby authorizing him to entertain and decide all the disputes submitted to him directly by the said Society, without referring to this office. The initial period of authorization was for 1 year from 04-02-2021 to 03-02-2022.

And whereas, the Asst. Registrar of Co-op. Societies, Quepem Zone, Quepem vide letter referred read at No. 5 above has submitted the proposal of the Balli Mahal Urban Co-operative Credit Society Ltd., Balli, Quepem, Goa for extension of said authorization for a further period of one year with retrospective effect from 04-02-2022 to 03-02-2023. And whereas the proposal was found to be deficient of some supporting documents which were sought vide Memorandum dated 27-10-2022 and which were submitted by ARCS Quepem Zone vide letter read at No. 6 above.

Now therefore, in exercise of the powers conferred under Section 123B of the Goa Co-operative Societies Act, 2001, I, the undersigned Registrar of Co-operative Societies do hereby extend the said authorization of Adv. Surendra M. Gaonkar having Office at GFO-2, 1st Floor, Bldg. "G", Angelica Arcade, Quepem, Goa 403705 as dedicated Registrar's Nominee for the Balli Mahal Urban Co-operative Credit Society Ltd., Balli, Quepem, Goa for a further period of 1 year with retrospective effect from 04-02-2022 to 03-02-2023.

All other terms and conditions mentioned in the Orders read at Nos. 1 & 4 above shall continue to remain in force. The Registrar reserves the right to withdraw this Order at any stage without assigning any reason thereof.

Given under the seal of this office.

Vishant S. N. Gaunekar, Registrar (Co-operative Societies) & ex officio Joint Secretary (Co-operation).

Panaji, 21st December, 2022.

———— Order

No. 3/11/Urban Credit/TS II/NZ/2019/RCS/3488

Read: 1) Order No. 48-8-2001-TS-RCS/III/311 dated

21-04-2017.

2) Circular No. 6-13-81/EST/RCS/Part V/5833

dated 06-03-2020.

3) Order No. 3-18-Urban Credit/TS-II/NZ/

/2020/RCS/1558 dated 06-09-2021.

4) Letter No. ARCS/NZ/PLN/Registrar

Nominee/2546 dated 22-11-2022.

Whereas vide Order read at Sr. No. 1 above, Adv. Shivaji B. S. Bhangui, 2nd Floor, SF-8, Housing Board Commercial and Residential Complex, Journalist Colony, Alto Betim, Porvorim, Bardez, Goa was appointed as Registrar's Nominee under Section 86(1) of the Goa Co-operative Societies Act, 2001 (Goa Act 36 of 2001) read with Rule 116(1) of the Goa Co-operative Societies Rules, 2003 and his name is reflecting at Sr. No. 24 of the said Order.

And whereas, vide this office Order read at Sr. No. 3 above, Adv. Shivaji B. S. Bhangui was authorized as dedicated Nominee of the Registrar of Co-operative Societies for Jana Utkarsh Urban Co-operative Credit Society Ltd. [Reg. No. RES (a)- 12/NZ/Goa], Khorlim, Mapusa, Bardez-Goa to entertain all the disputes referred to him in matters of recovery of outstanding loan of the said Society, without routing through this Department.

And whereas, said authorization was initially for period of one year w.e.f. 04-08-2021 to 03-08-2022. And whereas, vide letter dated 22-11-2022 read at No. 4 above, the Asstt. Registrar of Co-operative Societies, North Zone, Mapusa has forwarded the request of the Jana Utkarsh Urban Co-operative Credit Society Ltd. for extending said authorization further till 03-08-2023.

Now therefore, in exercise of the powers conferred under Section 123(B) of the Goa Co-operative Societies Act, 2001 read with Rule 116 of the Goa Co-operative Societies Rules, 2003, I, the undersigned Registrar of Co-operative Societies do hereby extend the authorization of Adv. Shivaji B. S. Bhangui, 2nd Floor, SF-8, Housing Board Commercial and Residential Complex, Journalist Colony, Alto Betim, Porvorim, Bardez, Goa as a dedicated RCS Nominee for a further period of one year with retrospective effect from 04-08-2022 to 03-08-2023 for Jana Utkarsh Urban Co-operative Credit Society Ltd. [Reg. No. [RES(a)-2/NZ/Goa], Khorli, Mapusa, Bardez-Goa.

When a purported dispute is referred by the Society, the above named dedicated Nominee is authorized to first decide under sub-section (1) of Section 86 of the Goa Co-operative Societies Act, 2001 whether the matter referred by Society involves a dispute and pass appropriate Orders under sub- -section (1) of Section 86 of the Act.

Only upon the Nominee satisfying that there exists a dispute, he shall proceed to adjudicate the same and give Award accordingly. The nominee shall abide by the terms and conditions on which he was originally appointed as Registrar's nominee vide Order read at Sr. No. 1 above.

2688 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022

This extension of authorization is liable to be withdrawn at any time without assigning any reason at the discretion of the undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Registrar (Co-operative Societies) & ex officio Joint Secretary (Co-operation).

Panaji, 22nd December, 2022.

———— Corrigendum

No. 41/4/2008/TS/RCS/3486

Read: 1) This Office circular No. 41/4/2008/TS/RCS/ /5235 dated 10-02-2020 published in the Official Gazette, Series III No. 46 dated 13-02-2020.

2) This Office Notification No. 41/4/2008/TS/ /RCS/1522 dated 06-08-2020 published in the Official Gazette, Series II No. 20 dated 13-08-2020.

3) Corrigendum No. 41/4/2008/TS/RCS/2012 dated 18-09-2020 published in the Official Gazette, Series II No. 26 dated 24-09-2020.

4) Corrigendum No. 41/4/2008/TS/RCS/3687 dated 05-02-2021 published in the Official Gazette, Series II No. 46 dated 11-02-2021.

5) Corrigendum No. 41/4/2008/TS/RCS/743 dated 25-06-2021 published in the Official Gazette, Series II No. 15 dated 08-07-2021.

6) Corrigendum No. 41/4/2008/TS/RCS/1900 dated 30-09-2021 published in the Official Gazette, Series II No. 29 dated 14-10-2021.

7) Corrigendum No. 41/4/2008/TS/RCS/3075 dated 31-12-2021 published in the Official Gazette, Series II No. 42 dated 13-01-2022.

8) Corrigendum No. 41/4/2008/TS/RCS/479 dated 13-05-2022 published in the Official Gazette, Series I No. 8 dated 26-05-2022.

9) Corrigendum No. 41/4/2008/TS/RCS/2170 dated 29-09-2022 published in the Official Gazette, Series I No. 27 dated 06-10-2022.

By order and in the name of the Governor of

Goa.

Vishant S. N. Gaunekar, Registrar (Co-operative

Societies) & ex officio Joint Secretary.

Panaji, 22nd December, 2022.

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Department of Education, Art & Culture

Directorate of Art and Culture

––– Order

No. DAC/5/Admn/376/Prom-Lib/2022/4937

On the recommendation of the Departmental Promotion Committee as conveyed by the Goa Public Service Commission vide Minutes of DPC meeting No. 81/22 (Promotion) held on 09-12-2022, Government is pleased to promote Smt. Vidya Jurali @ Vidyabai Shirke to the post of Librarian, Group 'B' Non-Gazetted on regular basis in the Pay Matrix Level-6 with Grade Pay Rs. 4,200/- plus usual allowance as admissible under the rules.

The above promotion shall be effective from the date of joining to the post. The officer shall send joining report to the Administration Section of this Directorate. She shall be on probation for a period of 2 years.

Smt. Jurali may exercise an option in terms of Provision of FR 22(I)(a)(1) if she so desired within one month from the date of the issue of this order for fixing her pay in the respective promotional grade.

The expenditure towards pay & allowances shall be debited to the Budget Head 2205–Art & Culture, 00, 105–Public Libraries, 12–District Libraries (Plan), 01–Salaries under Demand No. 43".

By order and in the name of the Governor of

Goa.

Sagun R. Velip, Director (Art & Culture) &

ex officio Addl. Secretary.

Panaji, 16th December, 2022.

————

Directorate of Higher Education –––

Notification

In the annexure to the notification dated 06-08-2020 read at serial No. 2 above, serial No. 4(a) shall be substituted and read as under:-

"The last date of application to avail the OTS scheme shall be decided by the Board. However, the same shall not be extended beyond 31st March, 2023".

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stated that the said dispute ended in failure and was referred for adjudication to the Industrial Tribunal, Panaji-Goa. He stated that the Hon'ble Industrial Tribunal was pleased to assign the dispute to the Labour Court-II for adjudication with the consent of both parties to the dispute. He stated that the said dispute was registered at reference No. IT/54/16 and Award was passed by the Labour Court on 18-06-2018.

Department of Labour

––

Notification

No. 28/02/2022-LAB/Part-IV/715

The following Award passed by the Labour Court-II, at Panaji-Goa on 28-11-2022 in Case No. Ref. LC-II/C-IT/05/2019 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.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 20th December, 2022.

––––

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon'ble Presiding

Officer)

Case No. Ref. LC-II/C-IT/05/2019

Shri Damu Kudalkar, H. No. 56, Ward No. 1, Mungul Grande, Margao-Goa, Rep. by Adv. Anand Kundaikar, Panaji-Goa. …… Complainant/Party I V/s

M/s. Kadamba Transport Corporation Ltd., Paraise de Goa, Alto-Porvorim-Goa. …… Employer/Party II

Complainant/Workman represented by Adv. Shri A. Kundaikar.

Employer/Party-II represented by Adv. Shri P. Agarwal.

Panaji, Dated: 28-11-2022.

3. He stated that during the pendency of the said dispute for adjudication before the Labour Court-II, the Personal Officer by Order dated 12-01-2018 revised and refixed his pay scale in violation of the provisions of Section 33(1) (a). He stated that the said proceedings is registered at No. 1/18 and his pending for adjudication. He stated that he invoke a provisions of law and filed a complaint before the Labour Court. He stated that the said complaint is pending for adjudication. He stated that during the pendency of the said proceedings bearing No. 1/18, the Employer, by Order dated 23-10-2018, refixed the pay fixation and the pay was refixed on 30-8-2012 in pay band of Rs. 9550/- + Rs. 2400-MACP-III. He stated that on recommendation of pay re-fixation, Order dated 12-1-2018 shall superseded and the order drawn subsequently. He stated that the order was superseded by Order dated 23-10-2018 which was the subject matter of complaint bearing No. 1/18 and is pending for adjudication before the Labour Court-II. He stated that the issue which was pending for adjudication pertaining to the Order dated 12-1-2018 was superseded which amounts to gross abuse of process of law and violation of Section 33(1) (a) of the I.D. Act.

AWARD

1. This shall determine the complaint dated

02-01-2019 by u/s 33-A of the ID Act, 1947.

2. It is the case of the Complainant in short that he raised a dispute pertaining to the non-extending of the 3rd Up gradation after completion of 30 years of service thereby depriving the monetary benefits. He 4. He stated that during the pendency of the dispute bearing No. 1/18, the General Manager, by Order dated 29-11-2018, notified that in terms of BOD decisions taken vide Resolution No. 93/17 in the 213th Board Meeting held on 29-12-2017 extended the monetary benefits of 7th Central Pay Commission to the staff/Employees of the Corporation w.e.f. 01-11-2018. However, the benefits of the Revised Pay Commission of the Employees shown at Annexure 'A' cases pending before the Labour Court/Industrial Tribunal wherein his name is shown at Sr. No. 16 and 17 is differed till the disputes during the 6th Pay Commission which is pending before the various courts are resolved/settled. He stated that the case pending before the Labour Court bearing No. 1/18 is pertaining to challenge the Order dt.12-01-2018 which was passed during the pendency of the reference bearing No. 54/16 and the case bearing No. 2/18 is application filed u/s. 33-C-(2) for computation of the amount based on Order dt. 12-01-2018 wherein it is specifically mentioned that2690 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 6. The Employer stated that it is a Government Company registered under Section 617 of the Companies Act, 1956. The Employer stated that it is a State Transport Undertaking under the purview of the Motor Transport Act, 1988. The Employer stated that the dispute in reference No. IT/54/2016 was raised by the complainant regarding the non-extending of the benefits of 3rd upgradation (MACP) after completion of 30 years of his service.

on implementation of revised pay scale he is entitled for arrears w.e.f. 01-01-2016. He stated that the issue pending before the Labour Court is pertaining to the computation of the arrears and legality of the Order dated 12-01-2018 which is passed by the Personnel Manager. He stated that the pendency of the cases is not pertaining to the 6th pay scale and therefore the order passed by the General Manager is illegal. He stated that the General Manager did not give any personal hearing to him nor the said order was served upon him. He stated that he was not made eligible for the benefits of the Central Pay Commission and therefore applied under the Right to Information Act for the copy which was made available to him. He stated that during the pendency of the dispute before the Labour Court-II, the General Manager, by order dated 29-11-2018 notified that in terms of BOD decisions taken vide Resolution No. 93/17 in the 213th Board Meeting held on 29-12-2017 he was made eligible for the 7th Pay Commission Scale however, the same was differed on spacious plea of pendency of 6th Pay Commission. He stated that there is no cases pending pertaining to the 6th Pay Commission and he is made eligible for 6th Pay Commission. He stated that three Financial Up gradation as prevalent in the Corporation and therefore he was also eligible for the 7th Pay Commission. He stated that the act of the General Manager is vindictive and also abject to the act. He stated that the General Manager is liable for violation of the service conditions and necessary action deem fit to be taken against him. He stated that the General Manager has no right of whatsoever nature to pass impugned order altering the service conditions to his prejudice unilaterally. He stated that however, in the instance case, during the pendency of the proceeding before the Labour Court-II, the General Manager acted in abuse of process of law and is therefore liable for action for violation of provisions of Section 33-A of the ID Act. The Complainant therefore prayed that the complaint be allowed and be pleased to quash and set aside order dated 29-11-2018 whereby the eligibility of 7th Central Pay Commission is differed and be pleased to initiate proceedings against the General Manager Shri Sanjay Ghate for alteration of service conditions during the pendency of the proceeding before the Labour Court-II.

5. The Employer resisted the claim of the Workman by filing its reply dated 19-09-2018 at Exb.9. The Employer, as and by way of its preliminary objections, submitted that the complaint is liable to be dismissed as there is no alteration of service conditions as alleged by the complainant and that what is referred for adjudication is not a complaint as defined u/s 33-A of the I.D. Act.

7. The Employer sated that the 6th Central Pay Commission in para 6.1.15 of its report, has recommended Modified Assured Career Progression Scheme (MACPS). The Opponent stated that on the recommendation of the Departmental Promotion Committee (DPC), the Complainant including other Workmen were extended the benefits of the modified Assured Career Progression Scheme (MACPS). The Employer stated that as per Clause No. 1 of the MACPS Scheme, an Employee is entitled for three up gradations during his service tenure. The Employer stated that the Complainant has been given three financial up gradations and was communicated the same from time to time. The Employer stated that they had properly made the fixation of his wages after giving the up gradation. The Employer stated that the Complainant issued pay fixation Order dated 12-01-2018 whereby consequent upon adoption of Office Memorandum dated 21-11-2016 vide BOD Revolution No. 140/16 dated 13-12-2016 the pay of the Complainant which was fixed vide order under reference dated 08-10-2010 revised and refixed to Rs. 6590+Rs. 1800/G.P. w.e.f. 1-1-2006 by re-designating him as Peon (Multi Tasking Staff) in the revised pay band of Rs. 5200-20200/+Rs. 1800 Grade Pay under the 6th Pay Commission. The Employer stated that the said arrears amounting to Rs. 25,824/- was paid to the Complainant along with his salary of April, 2018. The Employer stated that the Complainant has filed dispute against them firstly application under Section 33-C(2) of the I.D. Act, 1947 for payment of alleged difference in salary paid on 30-8-2012 to 31-1-2018 in pursuance to the Order dated 12-1-2018 issued to him and secondly a complaint under Section 33-A of the I.D. Act alleging violation Section 33-1 (a) for issuance of Order dated 12-1-2018 by them. The Employer stated that both the above said disputes are pending before the Hon'ble Court for adjudication. The Employer stated that it has issued Order dt. 29-11-2018 wherein it is stated that in terms of BOD decision taken vide Resolution No. 93/17 in the 213th Board Meeting held on 29-12-2017 and subsequent Government approval conveyed by the Directorate of Transpor t vide Letter dated 22-11-2018, its management is pleased to extend the monetary benefits of the 7th Central Pay Commission2691 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 to its staff/employees w.e.f. 01-11-2018. The Employer stated that the benefits of the Revised Pay Commission which are pending before the various court of law are resolved/settled. The Employer stated that the above mentioned default benefits of Revised Pay Commission was due to conditions mentioned in the circular dated 27-11-2017 issued by the Dept. of Finance, Govt. of Goa. The Employer denied the overall case as pleaded by the complainant and prayed for dismissal of the present complaint filed by the complainant.

8. Thereafter, the Complainant filed his rejoinder dated 07-10-2019 at Exb. 10. The Complainant, as and by way of his rejoinder, submitted that the written statement filed by the Employer is contemporary and frivolous and the Managing Director is liable for perjury for making false statement. He stated that the present controversy is resolved in view of the Judgment in Writ Petition No. 114/2019 passed by the Hon'ble High Court wherein Ld. Advocate General has made a statement that the aforesaid Clause 2(IV) will not apply in the facts and circumstances in the present case. He submitted that he emphatically denies the contents of the written statement.

9. Based on the pleadings filed by the respective parties' hereinabove, this Hon'ble Labour Court II framed the following issues on 18-10-2019 at Exb. 11.

1. Whether the complainant proves that the action of the Employer differing the benefits of the 7th Central Pay Commission is illegal and unjustified?

2. Whether the Complainant proves that his service conditions has been altered pending the dispute before this Court?

3. Whether the Employer proves that the complaint of the Complainant is liable to be dismissed in view of the reasons as stated in para 2 (a) & (b) of its reply?

4. What order? What Award?

10. My answers to the aforesaid issues are as under:

(a) Issue No. 1 : Does not survive.

(b) Issue No. 2 : Does not survive.

(d) Issue No. 4 : As per final order.

I have heard the oral arguments of Ld. Adv. Shri P. Agarwal, appearing for the Employer. On the contrary Ld. Adv. Shri A Kundaikar appearing for the Workman remained absent. I have carefully perused the entire records of the present case. I have also carefully considered the oral arguments advanced by the Ld. Adv. Shri P. Agarwal appearing for the Employer respective and is of the firm opinion as under.

REASONS

11. Issue No. 1 and 2:

Indisputably, the Workman was appointed as Peon by the Employer. A dispute was raised by the Complainant pertaining to the non-extending of the 3rd up gradation after completion of service thereby depriving him the monetary benefits. The said disputes was registered as Ref. No. IT/54/16 and Award was passed by the Labour Court on 18-6-2018. During the pendency of the said dispute for adjudication before the Hon'ble Labour Court-II, the Personal Officer by order dated 12-1-2018 revised and refixed his pay scale in resumed violation of the provisions of Section 33(1) (a) which is registered as reference No. 1/18 and is pending for his adjudication. During the pendency of the said proceeding bearing No. 1/18, the Employer, by order dated 23-10-2018, refixed the pay fixation and his pay was refixed on 30-8-2012 in pay band of Rs. 9550+Rs. 2400 in MACP III.

12. During the pendency of the reference, the Employer has issued an Order dated 29-11-2018 stating that in terms of BOD decision taken vide Resolution No. 93/17 in the 213th Board meeting held on 29-11-2017 and subsequent Government approval by the Directorate of Transport vide Letter dated 22-11-2018 extended the monetary benefits of 7th Central Pay Commission to its staff/employees w.e.f. 01-11-2018, however, the benefits of the Revised Pay Commission of the employee shown at Annexure 'A' case is pending before the Labour Court/Industrial Tribunal is differed till the dispute under the 6th Pay Commission which are pending before the various court of law are resolved/settled.

13. The Complainant mean while approached the Hon'ble High Court of Bombay at Goa, against the Employer as well as the Government of Goa by filing Writ Petition No. 234 of 2020. The Hon'ble High Court allowed the said Writ Petition and held that the Employer is directed to process the case of petitioner for receipt of benefits of the recommendation of the 7th Pay Commission within two months. Accordingly, the Complainant was given the benefits of 7th Central Pay Commission vide its Order dated 27-10-2021. In the light of the matter being decided by the Hon'ble High Court and compliance by Employer to High Court directions, the issue does not survive.

14. It is noticed that the Employer Corporation is a Government undertaking as defined u/s 617 of the Companies Act, 1956. The Employer is bound by the financial discipline applicable to a Government2692 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 Undertaking, the Financial Authority having been vested in the Government of Goa. The General Manager of the Employer Corporation could not have taken a decision relating to financial aspects without authorization from the Board of Directors to whom he reports. The Board of Directors could not have taken decision till the dispute was decided by the Hon'ble High Court. There is no alteration in the conditions of service of the Complainant. At his highest, the matter was deferred pending the decision of Hon'ble High Court. The Workman having admittedly received his benefits as on dates applicable to his service, the issue of changing conditions does not survive. The issue No. 1 and 2 are therefore answered as does not survive.

Issue No. 3:

15. The Employer, as and by way of its preliminary objections, submitted that the complaint is liable to dismissed as there is no alterations of service conditions as alleged by the complainant and that what is referred for adjudication is not a complaint as defined u/s 33-A of the I.D. Act, 1947.

19. As regards initiating proceedings against the General Manager u/s 31 for contravention of provisions of Section 33, the Employer has issued an Order dated 29-11-2018 wherein in terms of Board of Directors decision taken vide resolution No. 93/17 in the 213th Board Meeting held on 29-12-2017 and subsequent Government approval by the Directorate of Transport vide letter dated 22-11-2018, the General Manager has issued an order of deferring the benefits of the revised pay commission to the Complainant and others in the dispute under 6th Pay Commission which were pending resolution before the various court of law. The General Manager of the Employer Corporation was not made a party by the Complainant in any capacity. The Complaint is against the Employer Company which is an artificial body under the Companies Act. The Employer has acted in good faith on the circular issued by the Department of Finance, Government of Goa and the General Manager is not liable for the acts done by him in furtherance of instructions by the Board of Directors of the Corporation.

In view of above, I pass the following order.

ORDER

16. While deciding the issue No. 2 hereinabove, I have come to the conclusion that the service condition of the complainant has not been altered to his prejudice. The present complaint is filed by the complainant u/s 33-A of the I.D. Act, 1947 and it is not a reference. Hence, it is held that the Employer proved that the complaint of the Complainant is liable to dismissed in view of the reasons as stated in para, 2(a) of its reply. The issue No. 3 is answered as affirmative.

Issue No. 4:

1. The Complainant has already been granted the benefits of 7th Central Pay Commission. The subject matter of the Complaint does not survive. The Complaint is dismissed.

2. No order as to cost.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar) Presiding Officer, Labour Court-II.

————

Notification

17. By the present complaint, the Complainant prayed for passing an award holding that the "differing" of the 7th Central Pay Commission is illegal and considered the Workman for the eligibility of the 7th Pay Commission from the date of entitlement with consequential benefit in accordance with the 7th Pay Commission and that this Hon'ble Court be pleased to initiate proceedings against General Manager u/s 31 for contravention of provision of Section 33.

No. 28/02/2022-LAB/Part-IV/716

The following Award passed by the Labour Court-II, at Panaji-Goa on 28-11-2022 in Case No. Ref. LC-II/C-IT/02/2019 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.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 20th December, 2022.

––––

THE LABOUR COURT-II

GOVERNMENT OF GOA

18. The Hon'ble High Court of Bombay, at Goa Bench allowed the Writ Petition No. 234 of 2020 by its Order dated 04-10-2021 and directed the Employer to process the case of the Petitioner/Complainant for receipt of benefits of the recommendation of the 7th Pay Commission within two months from today. Accordingly, the Employer has issued an addendum dated 27-10-2020 to the Complainant in compliance to the order of the Hon'ble High Court. As such, the Employer has already granted recommendations of the 7th Central Pay Commission to the Complainant.

AT PANAJI

2693 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022

(Before Shri Suresh N. Narulkar, Hon'ble Presiding

Officer)

Case No. Ref. LC-II/C-IT/02/2019

Shri Jesus Luis, H.V. Driver Badge No. 4168, Kadamba Transport Corporation Ltd., Margao Depot. …… Complainant/Party I

V/s

M/s. Kadamba Transport Corporation Ltd., Paraiso de Goa, Alto-Porvorim-Goa. …… Employer/Party II

Complainant/Workman represented by Adv. A. Kundaikar.

Employer/Party-II represented by Adv. P. Agarwal.

Panaji, Dated: 28-11-2022.

AWARD

1. This award shall dispose off the Complaint dated 10-12-2018 filed by the Workman u/s 33-A of the I.D. Act, 1947.

2. It is the case of the Workman in short that he was appointed as "Heavy Vehicle Driver" on daily wages w.e.f. 01-04-1993. He stated that his appointment was extended from time to time upto 30-02-1994. He stated that he was thereafter appointed on probation for six months w.e.f. 01-04-1994 in the pay scale of Rs. 950-20-1150-EB-25- 1600.

3. He stated that he raised a dispute pertaining to the anomaly in his pay fixation thereby depriving him from monetary benefits w.e.f. 01-07-2007. He stated that vide Order dated 08-01-2014, the Government of Goa, vide its Order dated 28-01-2014 referred a dispute pertaining to the legality and justifiability of the action of the Employer pertaining to anomaly in his pay fixation there by depriving him from monetary benefits w.e.f. 01-07-2007 and if not to what relief the Workman is entitled. He stated that pending the aforesaid reference before this Hon'ble Labour Court-II, the management was pleased to extend the monetary benefits of the 7th Central Pay Commission to its employees w.e.f. 01-11-2018. He stated that during the pendency of the said reference bearing No. IT/03/14, the Employer was pleased to pass an Order dated 15-07-2015 on recommendation of the Departmental Screening Committee. He stated that the Workman, who have completed 20 years of service, is granted second up gradation in the pay band of Rs. 5200-20200+2800 under the Modified Assured Career Progression Scheme (MACPS). He stated that he was made eligible for the second up gradation and his basic pay was fixed at Rs. 10700+2800 Grade Pay w.e.f. 01-09-2014. He stated that the purported order is not in consonance with MACP scheme. He stated that if the Workman continue in the same cadre without any promotion then the Workman shall be eligible for the second up gradation under MACPs in PB-1 in the Grade Pay of Rs. 2800 after completion of 18 years. He stated that in accordance with the MACPs scheme, the Workman shall be eligible for one increment at the time of release of the second up gradation. He stated that he shall be also eligible for 3% increase of the total pay in pay band and grade pay drawn before such up gradation. He stated that he has been deprived of the said benefits resulting therein disparity in pay fixation. He stated that a memorandum of settlement was signed under Section 12 (3) r/w Section 18(3) wherein Para 7 agreed to bind themselves by revised pay scales till such time the scales of pay and other benefits are further revised in future in respect of Government servants/employees of the Government. He stated that in accordance with provisions contained in Rule 10 of CCS (RP) Rules, 2008, there will be uniform rate of annual increment, viz 1st July of every year employees completing six months and above: He stated that in the revised pay structures as on 1st July will be eligible to be granted the increment on 01-01-2006 in the pre-revised scale as one time measure. He stated that thereafter, he would get the next annual increment in the revised pay structure as on 01-07-2006 as per Rule 10 of CCS Rules, 2008. He stated that the said office memorandum was adopted by Government and therefore the same is applicable to the corporation in view of the settlement. He stated that the 6th Central Pay Commission recommended Modified Assured Career Progression Scheme (MACPS) and dispute is not in respect of 6th Central Pay Commission as the Workman is made eligible for 6th Central Pay Commission by virtue of memorandum of settlement.

4. He stated that the General Manager, Shri Sanjay L. Ghate by Order dated 09-11-2018 "differed" the benefits of the Revised Pay Commission of the employees as shown under Annexure A wherein his name is appearing and the entitlement of 7th Pay Commission was differed till the dispute pending before the Labour Court is resolved/settled. He stated that the General Manager, Sanjay Ghate is liable for the violation of the service condition and necessary action deem fit be taken against the General Manager. He stated that he was not given personal hearing nor any explanation was sought in respect of denial of extension of 7th Central Pay Commission. He stated that the Employer also failed to seek approval of the Labour Court-II before "differing" the implementation of the 7th Central Pay Commission as the adjudication was pending before the Labour Court and therefore the action of the General2694 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 Manager is victimisation and unfair labour practice. He stated that the General Manager failed to appreciate that though some disputes are pending before the Labour Court/Labour Commissioner, the General Manager selectively "differed" the implementation of the eligibility to pressurize him. He stated that the act of the General Manager is vindictive and has no right of whatsoever nature to pass the impugned order altering the service condition to his prejudice in the flagrant abuse of the process of law and during the pendency of the proceedings before the Labour Court-II. The complainant therefore prayed that this Hon'ble Court be pleased to pass an award holding that the "differing" of the 7th Central Pay Commission is illegal and consider his eligibility for the 7th Pay Commission from the date of entitlement with consequential benefits in accordance with 7th Pay Commission and to initiate proceedings against the General Manager under Section 31 for contravention of provisions of Section 33 of the I.D. Act.

5. The Employer resisted the claim of the Workman by filing its reply dated 19-09-2018 at Exb. 9. The Employer, as and by way of its preliminary objections, submitted that the complaint is liable to be dismissed as there is no alteration of service conditions as alleged by the Workman and that what is referred for adjudication is not a complaint as defined u/s 33-A of the I.D. Act.

6. The Employer stated that it is a Government Company registered under Section 617 of the Companies Act, 1956. The Employer stated that it is a State Transport Undertaking under the purview of the Motor Transport Act, 1988. The Employer stated that the dispute in Reference No. IT/03/2014 was raised by the complainant regarding the legality and justifiability pertaining to its demand pertaining to anomaly in pay fixation of the complainant thereby depriving from monetary benefits w.e.f. 01-07-2007. The Employer stated that the said dispute is pending for adjudication before this Hon'ble Court. The Employer stated that the 6th Central Pay Commission in para 6.1.15 of its report, has recommended Modified Assured Career Progression Scheme (MACPS). The Employer stated that on the recommendation of the Departmental Promotion Committee (DPC), the complainant including other Workmen were extended the benefits of the Modified Assured Career Progression Scheme (MACPS).

7. The Employer stated that they have issued an Order dated 29-11-2018 wherein in terms of BOD decision taken vide Resolution No. 93/17 in the 213th Board Meeting held on 29-12-2017 and subsequent Government approval conveyed by the Directorate of Transport vide letter dated 22-11-2018, its management is pleased to extend the monetary benefits of the 7th Central Pay Commission to its staff/ /employees w.e.f. 01-11-2018. The Employer stated that the benefits of the Revised Pay Commission of the employees as shown under Annexure "A" and "B" have been deferred till the dispute under the 6th Pay Commission which are pending before the various court of law are resolved/settled. The Employer stated that the above mentioned deferred benefits of Revised Pay Commission was due to condition mentioned in the circular dated 27-11-2017 issued by the Department of Finance, Government of Goa. The Employer denied the overall case as pleaded by the complainant and prayed for dismissal of the present complaint filed by the complainant.

8. Thereafter, the complainant filed his rejoinder dated 07-10-2019 at exb. 10. The complainant, as and by way of his rejoinder, submitted that the written statement filed by the Employer is "contemporary" and frivolous and the Managing Director is liable for perjury for making false statement. He stated that the Labour Court has passed an award in the pending reference and therefore the dispute is resolved by the Labour Court-II. He stated that since the dispute is resolved that he be released the 7th Pay Commission. He submitted that the controversy is also resolved in view of the Judgment in Writ Petition No. 114/2019 passed by the Hon'ble High Court. The Complainant denied the contents of the written statement.

9. Based on the pleadings filed by the respective parties' hereinabove, this Hon'ble Labour Court-II framed the following issues on 18-10-2019 at Exb. 11.

1. Whether the Complainant proves that the action of the Employer differing the benefits of the 7th Central Pay Commission is illegal and unjustified?

2. Whether the Complainant proves that his service conditions has been altered pending the dispute before this court?

3.Whether the Employer proves that the complaint of the Complainant is liable to be dismissed in view of the reasons as stated in para 2 (a) & (b) of its reply?

4. What order? What Award?

10. My answers to the aforesaid issues are as

under:

(a) Issue No. 1 : Does not survive.

(b) Issue No. 2 : Does not survive.

(d) Issue No. 4 : As per final order.

2695 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022

11. I have heard the oral arguments of Ld. Adv. Shri P. Agarwal, appearing for the Employer. On the contrary Ld. Adv. Shri A. Kundaikar appearing for the Workman remained absent. I have carefully perused the entire records of the present case. I have also carefully considered the oral arguments advanced by the Ld. Adv. Shri P. Agarwal appearing for the Employer and is of the firm opinion as under.

REASONS

12. Issue No. 1 and 2:

Indisputably, the Workman was appointed as 'Heavy Vehicle Driver'. The earlier reference was referred for adjudication to the Labour Court-II which is registered as case No. REF/LC-II/03/2014. The said reference pertaining to the legality and justifiability of the demand of the Employer pertaining to anomaly in pay fixation of the complainant thereby depriving him from monetary benefits w.e.f. 01-07-2007 and if not what relief the Workman is entitled to. During the pendency of the aforesaid reference, the Employer has issued an Order dated 29-11-2018 stating that in terms of Board of Directors decision taken vide Resolution No. 93/17 in the 213th Board Meetings held on 29-12-2017 and subsequent Government approval by the Directorate of Transport vide letter dated 22-11-2018, the Employer is pleased to extend the benefits of the 7th Central Pay Commission to its staff/Employees w.e.f. 01-11-2018. The benefits of the Revised Pay Commission of the Employees as shown as under Annexure A & B have been deferred till the disputes under the 6th Pay Commission which are pending before the various court of law are resolved/re-settled.

14. It is noticed that the Employer Corporation is a Government undertaking as defined u/s 617 of the Companies Act, 1956. The Employer is bound by the financial discipline applicable to a Government Undertaking, the Financial Authority having been vested in the Government of Goa. The General Manager of the Employer Corporation could not have taken a decision relating to financial aspects without authorization from the Board of Directors to whom he reports. The Board of Directors could not have taken decision till the dispute was decided by the Hon'ble High Court. There is no alteration in the conditions of service of the Complainant. At his highest, the matter was deferred pending the decision of Hon'ble High Court. The Workman having admittedly received his benefits as on dates applicable to his service, the issue of changing conditions does not survive. The issue No. 1 and 2 are therefore answered as does not survive.

Issue No. 3:

16. While deciding the issue No. 2 hereinabove, I have come to the conclusion that the service condition of the complainant has not been altered to his prejudice. The present complaint is filed by the complainant u/s 33-A of the I.D. Act, 1947 and it is not a reference. Hence, it is held that the Employer proved that the complaint of the Complainant is liable to dismissed in view of the reasons as stated in para 2(a) of its reply. The issue No. 3 is answered as affirmative.

Issue No. 4:

18. The Hon'ble High Court of Bombay, at Goa Bench allowed the Writ Petition No. 234 of 2020 by its Order dated 04-10-2021 and directed the Employer to process the case of the Petitioner/Complainant for receipt of benefits of the recommendation of the 7th Pay Commission within 2 months from today. Accordingly, the Employer has issued an addendum dt. 27-10-2020 to the Complainant in compliance to the order of the Hon'ble High Court. As such, the Employer has already granted recommendations of the 7th Central Pay Commission to the complainant.

19. As regards initiating proceedings against the General Manager u/s 31 for contravention of provisions of Section 33, the Employer has issued an Order dated 29-11-2018 wherein in terms of Board of2696 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 Directors decision taken vide resolution No. 93/17 in the 213th Board Meeting held on 29-12-2017 and subsequent Government approval by the Directorate of Transport vide letter dated 22-11-2018, the General Manager has issued an order of deferring the benefits of the revised pay commission to the Complainant and others in the dispute under 6th Pay Commission which were pending resolution before the various court of law. The General Manager of the Employer Corporation was not made a party by the Complainant in any capacity. The Complaint is against the Employer Company which is an artificial body under the Companies Act. The Employer has acted in good faith on the circular issued by the Department of Finance, Government of Goa and the General Manager is not liable for the acts done by him in furtherance of instructions by the Board of Directors of the Corporation.

In view of above, I pass the following order.

ORDER

1. The Complainant has already been granted the benefits of 7th Central Pay Commission. The subject matter of the Complaint does not survive. The Complaint is dismissed.

2. No order as to cost.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar) Presiding Officer, Labour Court-II.

Department of Personnel ––– Order

No. 6/9/2022-PER/5070

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 Officer of Goa Civil Service, in public interest, with immediate effect:-

Sr. Name and present Posted as No. posting of the

officer

1 2 3

1. Dr. Geeta Nagvenkar, Director, Environment

Director (Admn.), with additional PWD with additional charge of Member charge of Executive Secretary, Goa Coastal Director, Sports Zone Management Authority of Goa Authority and

Director (Admn.), PWD.

Shri Dashrath Redkar shall report to Department of Personnel for further posting and he shall draw salary against the vacant post of Leave and Training Reserve.

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.

Nathine S. Araujo, Under Secretary (Personnel-II).

Porvorim, 15th December, 2022.

———— Order

No. 7/5/2015-PER/6024

In supersession of all Orders issued in this regard, the following shall be the standing arrangement of Link Secretary for disposal of work relating to the Departments under their charge during their absence due to tour/training/leave/transfer unless specific orders are otherwise issued.

Sr. Name & designation 1st Link Secretary 2nd Link Secretary No.

1 2

1. Dr. Puneet Kumar Goel, Dr. V. Candavelou, IAS (1997), Shri Sanjeev Ahuja, IAS (2008),

IAS (1991), Principal Secretary (Finance) Secretary (Tourism).

Chief Secretary

1. Vigilance/Chief Vigilance Officer 2. Home 3. Personnel & ARD 4. PWD 5. Civil Aviation 6. Mines and Geology2697 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 1 2

7. Forest 8. Town & Country Planning

2. Dr. V. Candavelou, IAS (1997), Shri Sanjeev Ahuja, IAS (2008), Shri Ramesh Verma, IAS (2009), Principal Secretary (Finance) Secretary (Tourism) Secretary (Elections). 1. Finance 2. Industries, Trade & Commerce 3. Handicrafts, Textile and Coir 4. Ports 5. River Navigation 6. Planning & Statistics 7. DG, GIPARD

3. Shri Sanjeev Ahuja, IAS (2008), Shri Ramesh Verma, IAS (2009), Shri Sandip Jacques, IAS (2009), Secretary (Tourism) Secretary (Elections) Secretary (GA). 1. Tourism 2. Information Technology 3. CEO, Goa CSR Authority 4. PPP

4. Shri Ramesh Verma, IAS (2009), Shri Sandip Jacques, Shri Subhash Chandra, IAS (2009), Secretary (Elections) IAS (2009), Secretary (Water Resources). 1. Secretary (Elections) Secretary (GA) 2. Chief Electoral Officer 3. Urban Development 4. Science, Technology and Waste Management 5. Nodal Officer SBM (U) (except Sr. No. 1 & 2) (except Sr. No. 1 & 2) and PMAY (U)

5. Shri Sandip Jacques, Shri Subhash Chandra, Shri Sarpreet Singh Gill,

IAS (2009),

IAS (2009), Secretary (GA) Secretary (Water Resources) Secretary (Education). 1. General Administration 2. Law & Judiciary and Legislative Affairs 3. Labour & Employment 4. Revenue 5. Co-operation

6. Shri Subhash Chandra, Shri Sarpreet Singh Gill, Shri Menino D'Souza, IAS (2011),

IAS (2009), Secretary (Panchayats).

IAS (2009), Secretary (Water Resources) Secretary (Education) 1. Water Resources 2. Social Welfare 3. Tribal Welfare 4. Provedoria 5. Information & Publicity 6. Transport 7. Legal Metrology

7. Shri Sarpreet Singh Gill, Shri Menino D'Souza, Shri Arun Kumar Mishra,

IAS (2011),

IAS (2012),

IAS (2009), Secretary (Education) Secretary (Panchayats) Secretary (Environment). 1. Education 2. Skill Development & Entrepreneurship2698 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022 1 2

3. Official Languages

4. Public Grievances

5. Commissioner, State Taxes

8. Shri Menino D'Souza, Shri Arun Kumar Mishra, Shri Ajit Roy, IAS (2013), IAS (2011),

IAS (2012), Secretary to Chief Minister.

Secretary (Panchayats) Secretary (Environment)

1. Panchayats

2. Rural Development

3. Archaeology

4. Archives

5. Nodal Officer SBM (R) &

PMAY (R)

6. Art & Culture

7. Museum

8. Goa Gazetteer

9. Shri Arun Kumar Mishra, Shri Ajit Roy, IAS (2013), Shri Sanjit Rodrigues, IAS (2013), IAS (2012), Secretary to Chief Minister Secretary (Housing).

Secretary (Environment)

1. Environment

2. Health

3. Women & Child Development

4. Agriculture

5. Animal Husbandry &

Veterinary Services

6. Fisheries

10. Shri Ajit Roy, IAS (2013), Shri Arun Kumar Mishra, Shri Sanjit Rodrigues, IAS (2013), Secretary to Chief Minister IAS (2012), Secretary (Housing). 1. Secretary to Chief Minister Secretary (Environment) 2. Sports & Youth Affairs 3. Power 4. New & Renewable Energy (except Sr. No. 1) (except Sr. No. 1)

11. Shri Sanjit Rodrigues, Shri Menino D'Souza, Shri Sandip Jacques, IAS (2009),

IAS (2011), Secretary (GA).

IAS (2013), Secretary (Housing) Secretary (Panchayats) 1. Housing 2. Printing & Stationery 3. Civil Supplies 4. Factories & Boilers 5. Protocol 6. Secretary, Goa State Commission for Protection for Child Rights

7. Special Secretary (Home,

Personnel)

By order and in the name of the Governor of Goa.

Eshant V. Sawant, Under Secretary (Personnel-I).

Porvorim, 20th December, 2022.

2699 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022

Department of Public Health ––– Order

No. 44/28/2017-I/PHD/1622

Government is pleased to transfer the below mentioned doctor under Directorate of Health Services, with immediate effect.

Sr. Name of Present place Transferred No. the doctor of posting and posted at Department of Plastic Surgery, Goa Medical College vide Order No. 4/1/2018-II/PHD/Part-I/3383 dated 23-10-2020.

By order and in the name of the Governor of

Goa.

Gautami S. Parmekar, Under Secretary (Health-I)/

/Link.

Porvorim, 20th December, 2022.

————

Corrigendum

1 2 3 4

1. Dr. Siddharth North Goa Community

Naik, District Health Medical Hospital, Centre, Officer Mapusa Canacona.

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 22nd December, 2022.

————

No. 25/12/2019-I/PHD/1621

Read: Order No. 25/12/2019-I/PHD/1211 dated

12-08-2022.

In the Government Order dated 12-08-2022 referred above, the date of joining in column No. 3 of annexure in respect of Dr. Baptisto Mascarenhas, Medical Officer shall be corrected to read as "20-09-2000" instead of "21-09-2000".

By order and in the name of the Governor of

Goa.

Order

No. 4/13/2020-II/PHD/2147

Read: Memorandum No. 4/13/2020-II/PHD/943

dated 23-06-2022.

On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/I/5/30(3)/2019/93 dated 16-05-2022, Government is pleased to appoint Dr. Akshay Pratap Anchan to the post of Assistant Professor in the Department of Plastic Surgery (Group "A" Gazetted) under the Goa Medical College, Bambolim-Goa on temporary basis in the Level-11 of Pay Matrix of 7th Pay Commission [Pay Band-3 Rs. 15600-39100 + Grade Pay of Rs. 6600/- (pre-revised)] with immediate effect and as per the terms and conditions contained in the Memorandum cited above.

Dr. Akshay Pratap Anchan shall be on probation

for a period of two years.

Dr. Akshay Pratap Anchan has been declared medically fit by the Medical Board and his character and antecedents has been verified by Sr. P. I., 'G' Branch, SB I, CID for Dy. Commissioner of Police, Special Branch-I, C. I. D., Mumbai and there is nothing adverse on intelligence records against the said Doctor.

The appointment is made against the vacancy occurred due to creation of additional posts of Assistant Professor in Goa Medical College vide Order No. 4/1/2018-II/PHD/1195 dated 14-08-2019 and allotted 01 post of Assistant Professor in the Gautami Parmekar, Under Secretary (Health-II).

Porvorim, 22nd December, 2022.

————

Directorate of Food & Drugs Administration ––– Goa State Pharmacy Council

Form A

(See Rule 5)

Notice of Election

Election of a member or members of the Goa

State Pharmacy Council

Notice is hereby given pursuant to the provision of Rule 5 of the Rules and Regulations of the Goa State Pharmacy Council that the election of 6 (six) members of the Goa State Pharmacy Council to serve for the period expiring 1st April, 2028 is to be held.

Nominations of eligible persons to fill the

vacancies are invited.

Each candidate must be nominated by a separate nomination paper, but any person entitled to vote at the election may sign the nomination paper of any number of candidates not exceeding the number to be elected and for which he/she is entitled to vote.

Every nomination paper must be in the Form B

giving all the details required therein.

The nomination paper must reach the undersigned not later than the 13th day of January, 2023 by 13:00 hours for which forms of nomination2700 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022

Notification

papers may be obtained by application from the Office of Returning Officer, c/o Directorate of Food and Drugs Administration, Bambolim-Goa on payment of Rs. 200/- (Rupees Two hundred only).

Nomination papers in respect of which provisions of Part I of the Rules have not been complied with or which are not received by the Returning Officer by the aforesaid date, will be invalid.

Programme of the Election:

1. Last date for nomination: 13th January, 2023.

2. Scrutiny of nomination papers: 16th-17th

January, 2023.

3. Date of withdrawal: 18th January, 2023.

4. Date of sending of voting papers: 20th

January, 2023.

5. Last date for receiving voting papers: 24th

February, 2023.

6. Date for counting of votes: 28th February,

2023.

Sd/-

(Jyoti J. Sardesai) Returning Officer/Director

(Food & Drugs Administration).

———uuu———

Department of Revenue ––– Order

No. 26/07/02/2020-RD-I/1527

On the recommendation of the Departmental Promotion Committee conveyed by the Goa Public Service Commission, vide it's letter No. COM/II/ /11/29(1)/2017/364 dated 12-12-2022, Government is pleased to promote Smt. Anisha A. Matondkar, Inspector of Settlement & Land Records in the Directorate of Settlement and Land Records to the post of Superintendent of Survey and Land Records (Group 'B' Gazetted) on regular basis in the Pay Scale of Rs. 9,300-34,800 + Grade Pay of Rs. 4,600/- (Level 7 of the Matrix) with immediate effect and post her as SSLR, North.

She shall also exercise her option for pay fixation within a period of one month from the date of issue of this order, in terms of F.R. 22(I)(a)(1).

By order and in the name of the Governor of

Goa.

Shubham Naik, Under Secretary (Rev.-I).

Porvorim, 20th December, 2022.

No. 28/4/3/2022/RD-I/1545

In exercise of the powers conferred by Clause (a) of Section 35 of the Goa Land Revenue Code, 1968 (Act No. 9 of 1969) (hereinafter referred to as the "said Code"), the Government of Goa, being of the opinion that it is necessary in the public interest for the purpose of carrying out the objects of the said Code, hereby exempts the land admeasuring an area of 1,064 sq. mts., surveyed under Survey No. 170, sub-division No. 1 of Village Curchorem, Quepem Taluka, District South Goa, State of Goa, from the payment of fees as specified in Clause (ii) of sub-section (6) of Section 32 and penalty as specified in Section 33 of the said Code subject to the condition that the said land shall be used exclusively for construction of Institutional Building for Education purpose.

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.

Shubham Naik, Under Secretary (Revenue-I).

Porvorim, 22nd December, 2022.

———uuu———

Department of Science & Technology and Waste Management ––– Order

No. 363-10-2019/S&T-DIR/1063

The Government is pleased to modify the existing pattern of assistance issued vide No. 363-10-2019/S&T-DIR/133 dated 24-05-2021 as below, with effect from the date of publication in the Official Gazette.

Sanction of the Government is hereby conveyed to the Pattern of Assistance to incur an expenditure of Rs. 30.00 lakhs per annum, subject to provision in the budget as Grant-in-aid to Goa State Council for Science & Technology (GSCST), functioning under the administrative control of Department of Science and Technology and Waste Management (DST&WM), Government of Goa.

(i) The grants shall be utilized towards following

items:-

(a) Deficit for the salary component by Central

Ministry.

(b) Grant of MACPS to staff.

2701 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 39 29TH DECEMBER, 2022

(d) Hire charges for one vehicle for official use.

(ii) The grants shall be disbursed/sanctioned in single installment to GSCST Saligao, Bardez-Goa, after receipt of proposal for particular financial year.

(iii) The entire amount of the grant-in-aid should be utilized within a period of one year from the date of release and only for the purpose for which it is sanctioned. Any portion of the grant which is not ultimately required will be refunded to the Government Treasury. After utilizing/refunding the above sanctioned amount, an utilization certificate should be furnished to the sanctioning authority as required under Form GFR-12C.

(iv) The account of the Grantee in respect of this grant should be audited by the Government approved Auditor/Chartered Accountant concerned immediately on completion of one year from the date of release. The accounts of the grants shall be maintained separately and properly from its normal activities and submitted as and when required. They shall be open to a test check by the Comptroller and Auditor General of India at his discretion.

(v) The Audited statement of accounts showing the expenditure incurred by the Grantee from the grants should be furnished to the Government as soon as possible on completion of one year from the date of release together with a certificate from the Auditor to the effect that the grant was utilized for the purpose for which it was sanctioned.

(vi) A performance-cum-achievement report specifying in detail the achievements made by the Grantee with the Government grants/amount sanctioned should be furnished to concerned Department as soon as possible.

(vii) No grants shall be allowed to be paid to any other institutions/voluntary organizations out of this grant, sanctioned by the Government.

(viii) The Grantee Institution must exercise reasonable economy, observe all financial rules as issued by the Government from time to time while incurring the expenditure.

(ix) In case of misutilisation of grants, the amount so misutilised shall be recovered from the Grantee Institution.

(x) The amount remaining unspent out of this grant shall be refunded back to the Government Treasury by Challan immediately on completion of one year from the date of release.

(xi) The amount shall be drawn from the Directorate of Accounts on presentation of the bill on Form GAR-32 duly countersigned by the Drawing and Disbursing Officer, of the Department.

(xii) The Pattern of Assistance shall be valid for

3 years.

(xiii) The Pattern of Assistance to release the grant-in-aid has been approved by the Finance Department under U.O No. 1400086650 dated 16-11-2022.

By order and in the name of the Governor of

Goa.

Sanjeev Joglekar, I/C Director (S&T) and

ex officio Jt. Secretary.

Porvorim, 22nd December, 2022.

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001. PRICE–Rs. 16.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—354/100—12/2022.

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