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Goa Gazette · Government of Goa

Goa Gazette, No. 2223-4, 28 April 2022

Published 28 April 2022

Type
OG
Gazette no.
2223-4
Num
0
Series
SII
Identifier
in.goa.egaz.2223-4.SII/2223-4-SII-OG-0
Languages
English, Portuguese
Published at
Original source ↗

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

RNI No. GOAENG/2002/6410

Panaji, 28th April, 2022 (Vaisakha 8, 1944) SERIES II No. 4 PUBLISHED BY AUTHORITY

Note:- There are two Extraordinary issues to the Official Gazette, Series II No. 3 dated 21-04-2022 as follows:—

(1) Extraordinary dated 25-04-2022 from pages 47 to 1166 regarding Notification & Order from Goa State Election Commission.

(2) Extraordinary (No. 2) dated 26-04-2022 from pages 1167 to 1168 regarding Order & Notification from Goa State Election Commission.

Department of Education, Art & Culture

Directorate of Higher Education

––– Order

No. ACAD III/GC/Filling of Post-Regular/98/2021/

/Part-I/404

Read: Memorandum No. ACAD III/GC/Filling- Asstt. Prof./104/2018/5259 dated 02-12-2021.

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

––– Notification

No. 2/12/98-D.Agri/Part II/48

In exercise of the powers conferred by Article 76 (i) of the Articles of Association of the Goa State Horticulture Corporation Ltd., and in supersession of the Government Order No. 2/12/98-D.Agri/Part II/ /74 dated 03-07-2017, the Government of Goa is hereby pleased to appoint the following individuals as Directors to the Board of Directors of the Goa State Horticulture Corporation Ltd., with immediate effect.

1. Shri Premendra Shet, MLA of — Chairman.

Maem Constituency

2. Secretary (Agriculture) — Director.

3. Secretary (Finance) or his nominee — Director.

not below the rank of Under Secretary from the Finance Department

4. Director of Agriculture — Director.

5. Managing Director, GSHCL — Director.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 20th April, 2022.

On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/ I/5/78(25)/2020/389 dated 20-10-2021, Government

is pleased to appoint the following incumbents to the post of Assistant Professor in Geology (Group 'A' Gazetted) on temporary basis in Government Colleges under the Directorate of Higher Education in the UGC Pay Matrix Level 10 [Pay Band-3 Rs. 15,600-39,100+Academic Grade Pay of Rs. 6,000/-

(pre-revised)] with immediate effect, and as per the terms and conditions contained in the Memorandum cited above:

1. Brahmanand Narahari Sawant.

2. Dattaraj Vyas Jawdekar.

They shall be on probation for a period of two

years.

They have been declared medically fit by the

Medical Board.

The character and antecedents of Shri

Brahmanand Narahari Sawant and Shri Dattaraj Vyas Jawdekar has been verified by the Addl. Collector & ADM, North Goa and nothing adverse has been reported against them.

Consequent upon their appointment, Shri Brahmanand Narahari Sawant and Shri Dattaraj Vyas Jawdekar are posted at Government College of Arts, Science and Commerce, Sanquelim.

1169 Suggestions are welcomed on e-mail: [email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

They shall draw their 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, 19th April, 2022.

———uuu———

Department of Finance

Debt Management Division ––– Order

No. 7/13/2018-Fin(DMU)/860

Whereas, case stands registered before the Economic Offences Cell u/s 406, 409, 420, 120-B IPC and under Section 3 & 5 of Goa Protection of Interests of Depositors (in Financial Establishments) Act, 1999 against the accused person/s 1. Bipin Singh Yadav, 2. Rajkumar Yadav, 3. Manjeet Kumar, Directors of Kalpataru Builtech Corporation Limited having office 1st floor, JD Business Centre, Sachdeva Engineering College, N-H2 Farah Mathura UP- 281122 and 1. Umesh Chadra Kushwaha, 2. Prithia Gauncar, 3. Mohan Anand Naik, Directors of Kanak Realtech India Limited having office at c/o Umesh Chandra Kushwaha, Batipura, Digariya, Mahoba UO-210427.

And whereas, during the course of investigation the properties belonging to Accused Company and its Directors were identified for attachment in order to protect the interest of depositors.

And whereas, the Office of the Director General of Police, Police Headquarters, Panaji-Goa vide letter dated 17-11-2021 has proposed to issue Ad-Interim Order of Attachment of property.

Now therefore, in exercise of the power conferred under Section 3 of Goa Protection of Interests of Depositors (in Financial Establishments) Act, 1999, the Government hereby passes an ad-interim order for attachment of property mentioned herebelow till further orders and transfer the control over the said properties in the name of Additional Collector South, Competent Authority under Goa Protection of Interests of Depositors (in Financial Establishments) Act, 1999, with direction to take further necessary action:-

1) Property bearing survey No. 156/3 know as Gontgally Murdy or Godgal at Sirvoi Village, Quepem total admeasuring 4004 sq. mts.

2) Property survey No. 96/1-A known as Pedamol or Pedamale at Sirvoi Village, Quepem total admeasuring 23000 sq. mts.

3) Property bearing survey No. 260/1-B known as Belatembo Condi, Cuncolim total admeasuring 12103 sq. mts.

4) Property bearing survey No. 191/1 known as Govind Damu Naikalem at Karai, Shiroda, Ponda total admeasuring 36790 sq. mts.

5) Property bearing survey No. 260/1 known as Bela Tembo situated at Talvorda of Cuncolim Village total admeasuring 760 sq. mts.

By order and in the name of the Governor of

Goa.

Pranab G. Bhat, Under Secretary, Finance (Budget-II).

Porvorim, 20th April, 2022.

———u———

(Revenue & Control) Division ––– Notification

No. 2/3/85-Fin(R&C)/263

In exercise of the powers conferred by Section 6 of the Goa Toddy Tappers Welfare Fund Act, 1984 (Act No.17 of 1985), read with Clause 3 of the Goa Daman and Diu Toddy Tappers' Welfare Fund Scheme, 1985, the Government of Goa hereby reconstitutes the Goa Toddy Tappers' Welfare Fund Board, consisting of the following members, namely:-

1. Shri Aleixo Reginaldo — Chairman.

Lourenco, MLA (Curtorim)

2. Shri Ulhas Tuenkar — MLA,

Navelim.

Non-Official Members

1. Shri Antonio Francisco — Member.

Remy Borges, President, All Goa Toddy Tappers Association, H. No. 377, Igrojewaddo, Agonda, Canacona, Goa

2. Shri Caridade Fernandes, — Member.

Vice President, All Goa Toddy Tappers Association, Near Beach Arambol, Pernem, Goa

3. Shri Shashikant Shiva — Member.

Pednekar, H.No. 311, Danda Siolim, Bardez-Goa

4. Shri Micheal Cardozo, — Member.

H. No. 425, Mobor, Cavelossim, Salcete, Goa1170 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 Official Members

1. Under Secretary Finance — Member.

(Revenue & Control)

2. Director of Social Welfare, — Member.

Panaji, Goa

3. Professor and HOD, — Member.

Department of Orthopaedic Surgery, Goa Medical College & Hospital, Bambolim-Goa

4. Director of Institute of — Member.

Public Assistance, Panaji, Goa

5. Director of Agriculture, — Member.

Tonca, Caranzalem

6. Commissioner of Excise — Member

Secretary.

The official members attending the Board meetings shall be treated as on duty and entitled to TA/DA whenever admissible under the relevant rules.

The non-official members shall be entitled for sitting fees at the rate prescribed by the Government for members of such statutory Board/ /Committee, from time to time.

The expenditure on sitting fees of non-official members shall be debited to "2039-State Excise" Head of Account.

By order and in the name of the Governor of

Goa.

Pranab G. Bhat, Under Secretary, Fin. (R&C).

Porvorim, 25th April, 2022.

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Department of Forest –– Order

No. 5/6/2012-FOR(Part)/63

Read: 1) Order No. 5/6/2012-FOR (Part)/398 dated

26-10-2012.

2) Order No. 5/6/2012-FOR (Part)/220 dated

17-07-2013.

3) Order No. 5/6/2012-FOR (Part)/12 dated

14-01-2014.

4) Order No. 5/6/2012-FOR (Part)/223 dated

16-06-2017.

5) Order No. 5/6/2012-FOR (Part)/302 dated

30-07-2019.

In pursuance of Clauses (i) and (ii) of Article 76 of the Articles of Association of the Goa Forest Development Corporation Ltd., (hereinafter called as the 'said Corporation'), and in supersession of the Government Order No. 5/6/2012-FOR (Part)/398 dated 26-10-2012 published in the Official Gazette, Series II No. 32 dated 08-11-2012, the Government of Goa hereby appoints the following persons as members of the Board of Directors of the said Corporation, with immediate effect:-

1) Smt. Deviya Rane, MLA, Poriem — Director.

2) Principal Chief Conservator of — Director.

Forests

3) Deputy Conservator of Forests — Director.

(South Goa Division)

4) Managing Director, Goa Forest — Managing Development Corporation Director.

Further, in pursuance of Clause (iii) of said Article 76 of the Articles of Association of the said Corporation, the Government of Goa hereby appoints Smt. Deviya Rane, MLA, Poriem, as the Chairman of the Goa Board of Directors of the said Corporation, with effect from the date of issue of this Order, until further orders.

By order and in the name of the Governor of

Goa.

Puneet Kumar Goel, Chief Secretary (Forest).

Porvorim, 22nd April, 2022.

—––––– Order

No. 1/DCF/RES/50/FTS/2019-20/67

Sanction of the Government is hereby accorded to incur an expenditure of Rs. 75,82,628/- (Rupees Seventy five lakhs eighty two thousand six hundred twenty eight only) inclusive of all taxes towards the work of mentioned below:-

1. Upgradation of facilities and Infrastructure for toilet block next to ADM block amounting Rs. 14,26,185/- (Rupees Fourteen Lakhs Twenty Six Thousand One Hundred Eighty Five Only).

2. Upgradation of facilities and infrastructure for auditorium at Forest training School (ITS), Valpoi to Goa State Forest Research & Training Institute (GFRTI) amounting Rs. 61, 56,443/- (Rupees Sixty One Lakhs Fifty Six Thousand Four Hundred Forty Three Only).

The expenditure shall be debited to the Budget

Head as follows:-

Demand No. 68

4406 — Capital Outlay on Forestry & Wildlife. 01 — Forestry.

1171 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

070 — Communications and Buildings. 03 — Communications and Construction (P). 53 — Major Works.

This issues with the concurrence of Finance Department vide its U.O. No. Finance (Exp) Department 1400085063 dated 10-03-2022.

By order and in the name of the Governor of

Goa.

Anthonio Savio Lourenco, Under Secretary

(Forest).

Porvorim, 25th April, 2022.

———uuu———

Goa Human Rights Commission

Office of the Goa Human Rights Commission

Panaji-Goa

Proceeding No. 90/2017

Inquiry Report

The Complainant/Shri A. B. Pankar has filed the present complaint alleging that there was a delay of seven years for settlement of his legitimate retirement dues and over eight years of departmental inquiry causing financial loss to him. He has also alleged that the interest on delayed payment has not been paid till date.

2. The Complainant retired from services of EDC Ltd. on 31-12-2008 on superannuation after 33 years. The Complainant has stated that in June, 2015, after, a delay of about seven years, he received partial retirement dues comprising of superannuation benefit disbursed through the Life Insurance Corporation of India (LIC). He received interest from LIC for delayed period i.e. from January, 2009 till June, 2015. He has further stated that no interest has been paid by EDC Ltd., on the retirement dues which were released simultaneously after a delay of about seven years. It is also the case of the Complainant that he has not been given copy of the report of the departmental inquiry which was delayed for over eight years. The Complainant has prayed that the EDC Ltd. may be directed to pay him the interest amounting to Rs. 8,07,322/- (Rupees eight lakhs seven thousand three hundred twenty two only) as on 20th June, 2015 and additional interest at 12% compounded quarterly till the date of final settlement.

3. Taking cognizance of the complaint, this Commission called for report from the Managing Director, EDC Ltd., EDC House, Panaji-Goa/ /Respondent. In pursuance to the notice, the Respondent has filed reply dated 23-06-2017. The Complainant has filed Rejoinder dated 02-08-2017. The Respondent has filed Sur-Rejoinder dated 12-04-2018. The Complainant has filed Sur-Rejoinder dated 04-07-2018.

4. The case of the Respondent in brief is as

follows:-

The Respondent vide letter No. EDC/ADM/3820 dated 02-01-2009, informed the Complainant that the decision for release of retirement benefits to him under the EDC Employees Superannuation Scheme and Leave Encashment Scheme shall be the subject to the outcome of the disciplinary proceedings in respect of non-payment of Wealth Tax initiated against the Complainant. The reason for not making the payment of retirement dues was due to the disciplinary proceedings that were pending against the Complainant as on date of retirement i.e. 31-12-2008.

The Respondent vide letter No. EDC/ADM/212 dated 28-01-2009, informed the Complainant that the respondent has decided to release the balance retirement benefits of superannuation and leave encashment on his handing over the charge and up to date books of accounts of EDC Employees Provident Fund Trust to the new Trustees appointed vide Order dated 21-02-2008. Thereafter, on 19-06-2015, a cheque dated 18-06-2015 for Rs. 7,03,280/- was forwarded to the Complainant towards payment of leave encashment.

The Respondent has further stated that in its 352nd Board Meeting held on 02-09-2016, after discussions in brief as regards payment of interest on leave encashment amount at a later stage than the retirement date which was due to a Board decision taken and the prevailing circumstances then, the Board decided not to pay interest as requested by the Complainant.

5. I have heard the Complainant and Adv. Nikhil Vaze for the Respondent. Both the Parties have filed written arguments which are on record. I have also gone through the entire records of this case.

6. On the basis of the material brought on record, the points for determination are formulated as follows:-

i. Whether the complaint is barred by Law of Limitation in terms of Section 36 (2) of the Protection of Human Rights Act, 1993.

ii. Whether the Complainant is entitled for interest on retirement dues for delay in pensionary benefits.

I shall first deal with the question of limitation. The Respondent in its written arguments has1172 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 contended for the first time that the complaint is barred by Law of Limitation. It is contended by the Respondent that Section 36(2) of the Protection of Human Rights Act, 1993, provides that the Central or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. It is submitted that the complaint has been filed on 30-03-2017 and the Complainant has requested for payment of interest as on 20-06-2015. Thus, according to the Respondent, the claim of the Complainant for payment of interest has been filed 21 months after the receipt of payment of retirement dues by the Complainant. On the contrary, the Complainant in his written arguments has submitted that considering the habitual approach of purposeful delays by the Respondent, the matter was regularly followed up by the Complainant at various levels. It is submitted that the cause of action to claim the compensatory dues was continued time to time for which correspondence was done till filing of the present complaint. It is next contended that the matter of payment of interest was taken up in the 352nd Board Meeting of EDC Ltd., held on 02-09-2016 and as such there was acknowledgment of compensatory dues payable to the Complainant and hence further cause of action also arose from 02-09-2016. It is submitted that the present proceeding is filed on 03-03-2017 (should be 30-03-2017) and as such the complaint is within the period of limitation.

It is apparent that the matter of payment of interest was under consideration by the Respondent. In my opinion therefore the cause for action for filing the present complaint has to be construed w.e.f. 02-09-2016. Thus, the complaint is within the period of limitation. The contention of the Respondent that the complaint is barred by the Law of Limitation is therefore rejected.

The next question for my determination is whether the Complainant is entitled for interest on delayed payment of pensionary benefits. The records indicate that the Complainant retired on superannuation on 31-12-2008. The Complainant received a cheque dated 18-06-2015 for Rs. 7,03,280/- (Rupees seven lakhs three thousand two hundred eighty only) towards payment of leave encashment. Thus, it is seen that the Complainant received pensionary benefits towards payment of leave encashment after a delay of about six years and six months. In my view, the Complainant is entitled to receive interest on leave encashment from the date of his retirement.

7. The Respondent has resisted the claim of the Complainant on three grounds. First ground is that the disciplinary proceedings in respect of non- payment of Wealth Tax was initiated against the Complainant and the said disciplinary proceedings were pending against the Complainant as on the date of retirement i.e. 31-12-2008. In my considered opinion, pendency of disciplinary proceedings cannot be an excuse to delay the payment of retirement dues. There was no legal prohibition to the Respondent to pay the retirement dues, even though the disciplinary proceedings were pending against the Complainant. This justification given by the Respondent for non-payment of retirement dues therefore cannot be accepted.

The next ground urged by the Respondent for not releasing the balance retirement benefits was that the up to date books of accounts of EDC Provident Fund Trust were not handed over by the Complainant to the new Trustees. The Respondent in its written arguments has submitted that the Complainant has taken time of six years to handover all the files, cheque books and other relevant documents pertaining to EDC Provident Fund Trust. It is further submitted that there was no reason for the Complainant to hold the documents pertaining to the EDC Provident Fund Trust for six years after his retirement. It is also submitted that the Complainant himself was responsible for delay in payment. This ground also does not appeal to my mind. There was nothing to prevent the Respondent to release the balance retirement benefits of superannuation and leave encashment to the Complainant as on the date of retirement.

The third ground for non-payment of retirement benefits is that the Board in its 352nd Meeting held on 02-09-2016 decided not to pay interest as requested by the Complainant. The extract of the minutes of the 352nd Board Meeting is on record as Exhibit 'C'. In the said meeting it is stated that the Board decided not to pay interest as decided in the meeting. The decision taken by the Board meeting appears to my mind arbitrary in nature. The decision of the Board, therefore, cannot come to the rescue of the Respondent.

8. The Respondent in its written arguments has also contended that the interest cannot be claimed through this Commission. It is submitted that this Commission cannot adjudicate as to whether the Complainant is entitled for interest. It is also submitted that this Commission does not have jurisdiction to grant interest as requested by the Complainant. I am not able to reconcile myself with this contention of the Respondent. In my opinion,1173 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 the claim of the Complainant for interest on delay of payment is a part of pensionary benefits. The Complainant therefore cannot be denied interest on delayed payment. The non-payment of interest on delayed payment of retirement dues In my view is a violation of basic human rights of the Complainant.

9. In the facts and circumstances of this case, the Commission makes the following recommendations:-

I. The Respondent shall pay interest on delayed payment to the Complainant at lending rate by Nationalised Banks.

II. The Respondent shall pay compensation of Rs. 10,000/- (Rupees Ten thousand only) to the Complainant on account of mental agony suffered by the Complainant on account of delay in payment of interest.

Date: 03-07-2019. Place: Panaji-Goa.

Sd/-

(A.D. Salkar),

Member, Goa Human Rights Commission.

1174 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

———uuu———

Department of Handicrafts, Textile & Coir —

Notification

No. 2/19/2022 (HT&C)/25

Read: Notification No. 8/4/202-IND/229 dated 04-09-2017 published I the Official Gazette, Series II No. 23 dated

In pursuance of Article 63, read with Article 65, of the Articles of Association of the Goa Handicrafts, Rural and Small Scale Industries Development Corporation Limited, and in supersession of the Government Notifications read above and any other Notification and Orders issued in this regards, the Government of Goa hereby reconstitutes the Board of Directors of the Goa Handicrafts, Rural and Small Scale Industries Development Corporation Limited, as follows, namely:-

1. Shri Pravin Arlekar, MLA, — Chairman.

Pernem

2. Secretary (Industries) — Director.

3. Finance Secretary or his — Director.

nominee not below the rank of Under Secretary from Finance Department1175 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 4. Director of Industries, Trade — Director.

& Commerce

5. Managing Director, Goa — Director.

Handicrafts, Rural and Small Scale Industries Development Corporation Limited

This Notification shall come into force with immediate effect.

Tulsidas Karanzalkar, Under Secretary (HT & C).

Porvorim, 19th April, 2022.

———uuu———

Department of Home

Home—General Division

––

Order

No. 24/17/2010-HD(G)/Part/6285

On the recommendation of the Goa Public Service Commission as conveyed vide its letter No. COM/II/ /12/58(1)/2011/504 dated 31-01-2022, the Governor of Goa is pleased to declare the following Assistant Public Prosecutors to have satisfactorily completed their probation period and to confirm them in the post of Assistant Public Prosecutors under the Directorate of Prosecution with effect from the date mentioned against their names:-

Sr. Name of the Officers Date of joining as Assistant Date of completion of probation No.

Public Prosecutor period and confirmation

1. Shri Ian S. Pimenta 21-11-2018 20-11-2020.

2. Shri Anirudha A. P. Chimulkar 21-11-2018 20-11-2020.

3. Shri Sitaram M. Redkar 21-11-2018 20-11-2020.

4. Smt. Savita Madkaikar 21-11-2018 20-11-2020.

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

Girish G. Sawant, Under Secretary (Home-II).

Porvorim, 19th April, 2022.

————

Notification

No. 24/12/2017-HD(G)/6302

In exercise of the powers conferred by sub-rule (1A) of Rule 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the Government of Goa hereby specifies the following panel of Public Prosecutors for conducting cases in the Special Courts in the North Goa District and South Goa District, namely:-

North Goa District South Goa District

1 2

1. Smt. Poonam Bharne 1. Shri V. G. Costa.

2. Smt. Anuradha 2. Shri Devanand Talaulikar Korgaonkar.

1 2

3. Ms. Clarita Simoes 3. Shri Sanjay Samant.

4. Shri Roy D'Souza 4. Shri Govind Gaonkar.

5. Mrs. Anna Braganza

e Mendoza

6. Ms. Archana Bhobe

7. Ms. Tema Narvekar

The aforesaid panel shall remain in force for a period of three years from the date of publication of this Notification in the Official Gazette.

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

Girish G. Sawant, Under Secretary (Home-II).

Porvorim, 19th April, 2022.

1176 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

Corrigendum

No. 24/31/2014-HD (G)/Part/6297 Department of Industries

–––

Order

Read: Order No. 24/31/2014-HD(G)/Part/6161 dated 06-04-2022.

In the aforesaid order the name of "Shri Ajay Anil Halarnekar" shall be read as "Shri Ajay Anil Halarneker".

The rest of the content of the said order

remains unchanged.

By order and in the name of the Governor of

Goa.

Girish G. Sawant, Under Secretary (Home-II).

Porvorim, 19th April, 2022.

———uuu———

Department of Housing ––

No. 3/3/98-IND-Part-III/70

Sub.: Preferential Purchase Scheme – Purchase of Products manufactured by local SSI Units through rate contract.

Read: 1) Order No. 3/3/98-IND-Part-III/29 dated

17-01-2019.

2) Order No. 3/3/98-IND-Part-III/147 dated

23-04-2021.

3) Order No. 3/3/98-IND-Part-III/326 dated

23-09-2021.

The validity of the Government Orders referred

in preamble is hereby extended for further period

Notification

No. 2/19/2007/HSG/Part/22

In exercise of the powers conferred by Section 4 of the Goa Housing Board Act, 1968 (Act No. 12 of 1968) and in supersession of the Government Notification No. 2/19/2007/HSG/Part dated 10-10-2019, published in the Official Gazette, Series II No. 32 dated 07-11-2019 and all other Notifications in this regard issued thereafter, the Government of Goa hereby re-constitutes the Goa Housing Board consisting of the following members, namely:

1. Shri Jit Arolkar, MLA — Chairman.

(Mandrem Constituency)

2. Adv. Sunil Shetye — Member

Alto Porvorim

from 01-02-2022 to 31-07-2022 or till finalization/

/notifying of new Preferential Purchase Scheme at

the earliest, for purchase of products manufactured

by local SSI Units through rate contract.

This issues with the concurrence of Finance

(Expenditure) Department vide their U. O. No.

1400038691 dated 11-04-2022.

By order and in the name of the Governor of

Goa.

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

Porvorim, 21st April, 2022.

————

Notification

3. Shri Subhash Asolkar — Member.

Madhlamaj, Mandrem

4. Shri Harshal Talaulikar — Member.

Talaulim, Ponda

5. Secretary (Housing) or — Member.

his nominee not below

the rank of Under Secretary

6. Secretary-cum-Managing — Member.

Director, Goa Housing Board

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor of

Goa.

Michael M. D'Souza (IAS), Additional Secretary

(Housing).

Porvorim, 20th April, 2022.

No. 11/09/2012-IND/75

In exercise of the powers conferred by Section 4 of the Goa Industrial Development Corporation Act, 1965 (Act 22 of 1965) and in supersession of the Government Notification No. 11/09/2012-IND/523 dated 26-10-2020, published in

the Official Gazette, Series II No. 32 dated 05-11-2020 and all other notifications issued in this regard, the Government of Goa hereby re-constitutes the Goa Industrial Development Corporation, as follows, namely:-

(1) Shri Aleixo R. Lourenco, — Chairman.

MLA Curtorim

(2) Secretary (Industries), — Director.

Government of Goa1177 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 (3) Secretary (Finance), — Director.

Government of Goa

(4) Chief Electrical Engineer, — Director.

Government of Goa

(5) Director of Industries, — Director.

Trade and Commerce,

Government of Goa

(6) President, Goa Chamber — Director.

of Commerce and Industry

(7) President, Goa Small Scale — Director.

Industries Association

4. Managing Director, Info Tech — Director.

Corporation of Goa Member Limited (ITG), Secretary

By order and in the name of the Governor of

Goa.

Vandana Rao, IAS, Director & ex officio Joint

Secretary (IT).

Panaji, 22nd April, 2022.

———uuu———

Department of Labour –––

Order

(8) Shri Sandeep Sood, — Director.

Industries Representative

(9) Managing Director, — Chief

Goa Industrial Development Executive

Corporation & Ex-officio

Secretary.

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 25th April, 2022.

———uuu———

Department of Information Technology –– Notification

No. 1(90)/DOIT/ITG-DIR/2001/95

In pursuance of Clause 116 (2) (b) and (c) of the

Articles of Association of Info Tech Corporation of

Goa Limited, Government of Goa is pleased to

reconstitute the Board of Directors for Info Tech

Corporation of Goa Limited with the following

composition with immediate effect:-

1. Shri Chandrakant Shetye, MLA, — Chairman.

Bicholim Constituency

2. Secretary (Information Technology), — Director.

Govt. of Goa

3. Managing Director, Goa State — Director.

Infrastructure Development

Corporation Limited (GSIDC)

No. 24/2/2021/Lab-ESI/201

Read: Memorandum No. 24/2/2021/Lab-ESI/7

dated 04-01-2022.

On the recommendation of the Goa Public Service Commission as conveyed vide their letter No. COM/I/5/28(1)/2021/394 dated 21-10-2021, Government is pleased to appoint Dr. Roshen Peter Mascarenhas to the post of Junior Pediatrician (Group "A" Gazetted) in E.S.I. Hospital, under E.S.I. Scheme in Labour Department on temporary basis in the pay scale of 7th pay commission in the Pay Matrix under Level-10 (Rs. 56,100 – Rs. 1,28,200) with immediate effect and as per the terms and conditions contained in the Memorandum cited above.

Dr. Roshen Peter Mascarenhas shall be on

probation for a period of two years.

Dr. Roshen Peter Mascarenhas has been declared

medically fit by the Medical Board.

The character and antecedents of Dr. Roshen Peter Mascarenhas has been verified by the Addl. District Magistrate, South Goa District, Margao- Goa.

The expenditure shall be debited to the Budget Head: 2210—Medical and Public Health, 01—Urban Health Services—Allopathy, 102—Employees State Insurance Scheme, 01—Implementation of Employees State Insurance Scheme (Plan), 01—Salaries.

The appointment is made against the vacancy created due to death of Dr. Medha Bakhle, Junior Pediatrician on 20-02-2021.

By order and in the name of the Governor of

Goa.

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

Porvorim, 22nd April, 2022.

1178 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

Order

No. 24/3/2021/Lab-ESI/203

Government is pleased to order the transfer and posting of the following Insurance Medical Officer in E.S.I. Scheme, under office of Commissioner, Labour & Employment, in public interest, with immediate effect as under:

Sr. Name of the Insurance Present place of posting Place of posting on Transfer No. Medical Officer/Doctor

1. Dr. Saroj S. Salelkar E.S.I. Dispensary, Verna E.S.I. Dispensary, Calangute.

This Order shall come into force with immediate effect.

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

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

Porvorim, 22nd April, 2022.

————

Notification

No. 28/02/2022-LAB/187

The following Judgment passed by the Labour Court-II, at Panaji-Goa on 25-02-2022 in Case No. LC-II/LCC/02/2021 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, 19th April, 2022. _______

IN THE LABOUR COURT – II GOVERNMENT OF GOA AT PANAJI

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

Case No. LC-II/LCC/02/2021

Ms. Milagrine Fernandes, R/o. H. No. 383, Bansarwaddo, Siolim, Bardez-Goa ….. Applicant

V/s

1. Hotel Mandovi, (A unit of Mandovi Hotels Private Limited), D.B. Bandodkar Marg, Panaji-Goa ….. Opponent (1)

2. Mr. Ramnath V. Quenim (Partner), Managing Director, Hotel Mandovi, R/o. Ashirwad, D-6, Ocean Park, Dona Paula, Goa ….. Opponent (2)

3. Mr. Narcinva P. Quenim (Partner), R/o. Ramnath Prasad Building, Near Mahalaxmi Temple, Panaji-Goa ….. Opponent (3)

Panaji, Dated: 25-02-2022.

Applicant represented by Adv. Shri Suhas Naik. Opponent absent, marked as Ex-parte.

J U D G M E N T

1. This Judgment and Order shall determine the claim application of the Applicant dated 29-01-2021,

filed U/S 33-C (2) of the I.D. Act, 1947.

2. By the present claim application, the Applicant claimed from the Opponent an amount of Rs. 2,69,551/- (Rupees Two lakhs sixty nine thousand five hundred and fifty one only) being Rs. 1,11,668/- towards pending salary, Rs. 27,762/- towards bonus, Rs. 13,125/- towards LTA, medical allowances 2018-19 and 2019-20, Rs. 70,000/- towards salary increase arrears and Rs. 46,996/- towards unutilized

privileged leave (90 days).

3. The Applicant stated that the Opponent No.1 started delaying the payment of her monthly salary. He stated that from October, 2019 to February, 2020, the Opponent No. 1 failed to pay her monthly earned salaries inspite of full attendance and working. She stated that she, being fed-up with the non-payment of her monthly earned salaries, submitted her resignation to the Opponent No. 1 on 19-02-2020. She stated that her resignation had been accepted by the Opponent No.1 and she had been relieved from the services. She stated that the Opponent No.1 failed to pay her monthly salaries from October, 2019 to February, 2020 amounting to Rs. 1,11,668/- (Rupees One lakh eleven thousand six hundred and sixty eight only). She submitted that the Opponent No.1 also failed to pay her bonus for the year 2018-19 and for the year 2019-2020 amounting to Rs. 27,762/- as well as her medical allowance for the year 2018-2019 and for the year 2019-20 amounting to Rs. 13,125/-. She submitted that the Opponent No. 1 also failed to1179 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 pay her salary increased arrears amounting to Rs. 70,000/-. Thus, the Opponent No. 1 has failed to pay to her a total amount of Rs. 2,69,551/- (Rupees Two lakhs sixty nine thousand five hundred and fifty one only). She further submitted that the Opponent No. 1 also failed to clear her legal dues arising out of her resignation which included her unpaid gratuity. She submitted that as the Opponent No.1 failed to pay her above legal dues, she made several written communication to them. She submitted that she is entitled to receive the aforesaid amount of Rs. 2,69,551/- (Rupees Two lakhs sixty nine thousand five hundred and fifty one only) alongwith interest @18% per annum from the Opponent till the realization of the said amount. She submitted that the Opponent No. 1 is an establishment and the Opponent No. 2 and 3 are the partners of the Opponent No.1. The Applicant therefore prayed that the Opponents be directed to pay to her the aforesaid amount of Rs. 2,69,551/- (Rupees Two lakhs sixty nine thousand five hundred and fifty one only) along with interest @18% p.a. till its realization.

4. All the Opponents have been duly served. The Opponents have however, failed to appear before this Hon'ble Court on the scheduled dates of hearings for the reasons best known to them. This Hon'ble Court marked an ex-parte against the Opponents after giving ample opportunities to appear and defend their case.

5. This Hon'ble Court framed the following issues

on 14-10-2021 at Exb. 3.

1. Whether the Applicant proves that she is entitled to receive from the Opponents an amount of Rs. 2,69,551/- (Rupees Two lakhs sixty nine thousand five hundred and fifty one only) being Rs. 1,11,668/- towards pending salary, Rs. 27,762/- towards bonus, Rs. 13,125/- towards LTA, medical allowances, Rs.70,000/- towards salary increase arrears, Rs. 46,996/- towards unutilized privileged leave respectively?

2. What order?

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

(a) Issue No. 1 : In the Affirmative.

(b) Issue No. 2 : As per final Order.

I have heard the oral arguments of Ld. Adv. Shri Suhas Naik appearing for the Applicant. On the contrary, none remained present for the Opponents. I have carefully perused the entire records of the present case. I have also carefully considered the submissions advanced by the Ld. Adv. Shri Suhas Naik, appearing for the Applicant.

REASONS:

Issue No.1

7. By the present claim application, the Applicant claimed a total amount of Rs. 2,69,551/- (Rupees Two lakhs sixty nine thousand five hundred and fifty one only) being Rs. 1,11,668/- towards pending salary, Rs. 27,762/- towards bonus, Rs. 13,125/- towards LTA, medical allowances for the year 2018-19 and 2019-20, Rs. 70,000/- towards salary increase arrears, Rs. 46,996/- and towards unutilized privileged leave (90 days).

To support her claim, the Applicant has produced on record documentary evidence in support of her oral evidence. The said evidence oral as well as documentary adduced by the Applicant on record remained unchallenged for want of denial.

(a) Unpaid Salary:

8. The Applicant claimed from the Opponent an amount of Rs. 1,11,668/- towards her pending salaries for the period from October, 2019 to February, 2020.

The evidence on record indicates that the Applicant joined in the services of the Opponent No.1 on 01-03-1990 as 'Steno Typist' and subsequently promoted as 'Stenographer' w.e.f. 01-04-2003, as 'Asstt. Secretary' w.e.f. 01-10-2005, as 'Secretary' w.e.f. 01-04-2012 and lastly promoted as 'Executive- Food and Beverage' w.e.f. 01-04-2018. The evidence on record indicates that the monthly net salary of the Applicant was Rs. 23,868/- after deducting the P.F. amounting to Rs. 1,766/- in the month of May, 2019.

9. The evidence on record indicates that the Applicant resigned, vide her letter dated 20-01-2020 (Exb. 6) and was relieved on 20-03-2020 (Exb. 7) at the close working hours of 19-02-2020. The evidence on record indicates that the Applicant has not been paid her earned salaries for the months from October, 2019 till 19-02-2020. The evidence on record indicates that the monthly total net salary of the Applicant was Rs. 23,868/-. Thus, the Applicant is entitled to receive from the Opponent a sum of Rs. 1,10,588/- (Rupees One lakh ten thousand five hundred and eighty eight only) towards her unpaid salaries for the period from October, 2019 till 19-02-2020.

(b) Bonus:

10. The Applicant claimed Bonus of an amount of Rs. 27,762/- for the year 2018-2019 and for the year 2019-2020.

The bonus is paid to the employee under the Payment of Bonus Act, 1965. Section 8 of the Act provides for the eligibility of the Bonus. Section 9 of the Act provides for disqualification for the Bonus. Section 10 of the Act, provides for minimum bonus. The provisions of Section 10 provides for the minimum1180 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 bonus of 8.33% of the salary or wage earned by the employee during the accounting year or Rs.100/-, whichever is higher, whether or not the Employer has any allocable surplus in the accounting year. Similarly, Section 11 of the Act, provides for payment of maximum bonus.

11. The evidence on record indicates that the Applicant has failed to produce on record relevant materials to grant maximum bonus. In the circumstances, the Applicant is entitled for minimum bonus @8.33% of the salary or wage earned by the employee during the accounting year or Rs.100/- whichever is higher, whether or not the Employer has any allocable surplus in the accounting year.

12. The Applicant claimed from the Opponent an amount of Rs. 27,762/- towards Bonus for the year 2018-2019 and for the year 2019-2020. Taking into consideration the monthly salary of the Applicant of Rs. 23,868/-, the minimum bonus for the year 2018-19 and for the year 2019-20 @8.33% amounts to Rs. 3,976/- (Rupees Three thousand nine hundred and seventy six only).

Thus, the Applicant proved that she is entitled to receive from the Opponent No.1 a total amount of Rs. 3,976/- (Rupees Three thousand nine hundred and seventy six only) towards bonus for the year 2018-19 and for the year 2019-20.

(c) Medical Allowance and LTA.

13. The Applicant claimed LTA and medical allowance for the year 2018-19 and for the year 2019-20 for an amount of Rs. 13,125/- (Rupees Thirteen thousand one hundred and twenty five only).

The Applicant has produced on record a letter dated 30-09-2005 issued to her by the Opponent No. 1 (Exb. 10). As per the said letter at Exb. 10 issued by the Opponent No.1, she is eligible for Medical Reimbursement of Rs.1,200/- per annum against production of bills as well as LTA of Rs. 1,200/- per annum. However, the Applicant has failed to produce on record any medical bills towards medical reimbursement. The Applicant is however, entitled for LTA of Rs. 1,200/- per annum for the year 2018-19 and for the year 2019-20 amounting to Rs. 2400/-. Hence, it is held that the Applicant failed to prove that she is entitled for medical allowance and as such her claim towards Medical Allowance stands rejected. The Applicant has however proved that she is entitled for LTA for an amount of Rs. 2,400/- (Rupees Two thousand four hundred only).

(d) Salary Increase Arrears:

14. The Applicant claimed an amount of Rs. 70,000/- towards the arrears in her increase in salary from 01-04-2017 till 30-11-2018.

The evidence on record indicates that the gross salary of the Applicant was Rs. 23,134/- w.e.f. 01-04-2017 which was subsequently increased to Rs. 25,634/- w.e.f. 01-04-2018 as per the salary revision for the year 2016-2017 and 2017-2018 dated 26-12-2018 (Exb.13). Thus, there was increase in salary of Rs. 2,500/- per month from 01-04-2017 till 30-11-2018 (for 20 months) which comes to Rs. 50,000/-. Thus, the Applicant is entitled to receive from the Opponent No. 1 a sum of Rs. 50,000/- (Rupees Fifty thousand only) towards arrears of increase in salary.

(e) Unutilized Privileged Leave:

15. The Applicant claimed an amount of Rs. 46,996/ - towards 90 days of her unutilized privileged leave. The net salary of the Applicant was Rs. 23,868/- per month. Taking into consideration the monthly salary of the Applicant, the Applicant is entitled for an amount of Rs.71,604/- towards her unutilized privileged leave. Thus, the Applicant is entitled to receive from the Opponent a sum of Rs. 71,604/- (Rupees Seventy one thousand six hundred and four only) towards her unutilized privileged leave.

16. In the case of New Standard Engineering Company Limited v/s. Ashok H. Hire and Anr., reported in 2004 II CLR 574, the Hon'ble High Court of Bombay, after relying upon a judgment of Hon'ble Supreme Court of India, in the case of Suresh Sakharam Chowgule and Anr. v/s. M/s. Parel Cotton Press Factory (1994 SUPP. (3) SCC 704), held that "though the provisions of Industrial Disputes Act, do not expressly empowered the Industrial Court to grant interest, the court is entitled to grant interest depending upon facts of each case".

17. In the case of Haryana State Federation of Consumer Co-operative Wholesale Stores Ltd. v/s. Siri Kishan and Anr., reported in 1996 II CLR 688, the Hon'ble High Court of Punjab and Haryana has held that "where the Employer has retained what was required to be disbursed to the Workman, by denying their rightful dues for almost a period of 12 years, during which the value of their money has considerably diminished due to inflation i.e. prevalent in the country, the Labour Court is perfectly entitled to say that the workman should be compensated by way of payment of interest."

18. Thus, it is settled principle of law that the Labour Court or Industrial Tribunal is empowered to grant interest depending upon the facts and circumstances of each case. In the instant case as stated above, it has been proved that the Applicant is entitled to receive from the Opponent No. 1 a total amount of Rs. 2,38,568/- (Rupees Two lakhs thirty eight thousand five hundred and sixty eight only) towards1181 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 unpaid salaries, arrears of salary increment, unutilized privileged leave, LTA and bonus. The Applicant is therefore entitled to receive from the Opponent No. 1 being Employer and Opponent No. 2 and Opponent No. 3 being partners of the Opponent No.1 the said amount of Rs. 2,38,568/- (Rupees Two lakhs thirty eight thousand five hundred and sixty eight only) alongwith simple interest @ 9% p.a. from the date of passing the present order till its actual realization.

In view of above and with regards to the facts and circumstances of the case, I pass the following order:

O R D E R

1. The present claim application of the Applicant filed u/s 33-C (2) of the I.D. Act, 1947 is hereby allowed. The Opponents are hereby directed to pay to the Applicant, Ms. Milagrine Fernandes, a sum of Rs. 2,38,568/- (Rupees Two lakhs thirty eight thousand five hundred and sixty eight only) along with simple interest @9% p.a. from the date of passing of the present order till the actual realization of the

said amount.

2. No order as to cost.

Pronounced in the Open Court.

Sd/-

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

—————

V/s

1. Hotel Mandovi, (A unit of Mandovi Hotels Private Limited), D. B. Bandodkar Marg, Panaji-Goa ….. Opponent (1)

2. Mr. Ramnath V. Quenim (Partner), Managing Director, Hotel Mandovi,

R/o. Ashirwad, D-6, Ocean Park, Dona Paula, Goa ….. Opponent (2)

3. Mr. Narcinva P. Quenim (Partner), R/o. Ramnath Prasad Building, Near Mahalaxmi Temple, Panaji-Goa ….. Opponent (3)

Panaji, Dated: 25-02-2022.

Applicant represented by Adv. Shri Suhas Naik.

Opponent absent, marked as Ex-parte.

J U D G M E N T

1. This Judgment and Order shall determine the

claim application of the Applicant dated 01-02-2021,

filed U/S 33-C (2) of the I.D. Act, 1947.

2.By the present claim application, the Applicant

claimed from the Opponent an amount of Rs. 5,64,715/

-(Rupees Five lakhs sixty four thousand seven

Notification

No. 28/02/2022-LAB/188

The following Judgment passed by the Labour Court-II, at Panaji-Goa on 25-02-2022 in Case No. LC-II/LCC/04/2021 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, 19th April, 2022.

________

IN THE LABOUR COURT – II GOVERNMENT OF GOA AT PANAJI

(Before Shri Suresh N. Narulkar, Hon'ble

Presiding Officer)

Case No. LC-II/LCC/04/2021

Mr. Shivnath P. Hoble, R/o. H. No. 120/1, Patto, Ribandar-Goa ….. Applicant hundred and fifteen only) being Rs. 1,35,072/- towards

pending salary, Rs. 32,181/- towards bonus, Rs.

22,000/- towards LTA, medical allowances 2018-19

and 2019-20, Rs. 1,43,296/- towards salary increase

arrears, Rs. 2,21,666/- towards unutilized privileged

leave (90 days) and Rs.10,500/- towards officiating

allowance.

3. The Applicant stated that the Opponent No. 1

started delaying the payment of his monthly salary.

He stated that from October, 2019 to February, 2020,

the Opponent No.1 failed to pay his monthly earned

salaries inspite of full attendance and working. He

stated that he, being fed-up with the non-payment

of his monthly earned salaries, submitted his

resignation to the Opponent No. 1 on 04-01-2020. He

stated that his resignation had been accepted by

the Opponent No. 1 and he had been relieved from

the services. He stated that the Opponent No. 1 failed

to pay his monthly salaries from October, 2019 to

February, 2020 amounting to Rs. 1,35,072/- (Rupees

One lakh thirty five thousand and seventy two only).

1182 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

He submitted that the Opponent No.1 also failed to

pay his bonus for the year 2018-2019 and for the year

2019-2020 amounting to Rs. 32,181/- as well as his

LTA and medical allowance for the year 2018-2019

and for the year 2019-20 amounting to Rs. 22,000/-.

He submitted that the Opponent No.1 also failed to

pay his salary increased arrears amounting to

Rs. 1,43,296/- and unutilized privilege leave

amounting to Rs. 2,21,666/-. Thus, the Opponent No. 1

has failed to pay a total amount of Rs. 5,64,715/-

(Rupees Five lakhs sixty four thousand seven hundred

and fifteen only). He further submitted that the

Opponent No.1 also failed to clear his legal dues

arising out of his resignation which includes his

unpaid gratuity. He submitted that as the Opponent

No.1 failed to pay his above legal dues, he made

several written communication to them. He

submitted that he is entitled to receive the aforesaid

amount of Rs. 5,64,715/- (Rupees Five lakhs sixty four

thousand seven hundred and fifteen only) alongwith

interest @18% per annum from the Opponent till the

realization of the said amount. He submitted that the

Opponent No. 1 is an establishment and the

Opponent No. 2 and 3 are the partners of the

Opponent No. 1. The Applicant therefore prayed that

the Opponents be directed to pay to him the

aforesaid amount of Rs. 5,64,715/- (Rupees Five lakhs

sixty four thousand seven hundred and fifteen only)

along with interest @18% p.a. till its realization.

4. All the Opponents have been duly served. The

Opponents have however, failed to appear before this

Hon'ble Court on the scheduled dates of hearings for

the reasons best known to them. This Hon'ble Court

marked an ex-parte against the Opponents after

giving ample opportunities to appear and pursue

their case.

5. This Hon'ble Court framed the following issues

on 14-10-2021 at Exb. 4.

1. Whether the Applicant proves that he is

entitled to receive from the Opponents an amount

of Rs. 5,64,715/- (Rupees Five lakhs sixty four

thousand seven hundred and fifteen only) being

Rs. 1,35,072/- towards pending salary, Rs. 32,181/-

towards bonus, Rs. 22,000/- towards LTA, medical

allowances 2018-19 and 2019-20, Rs. 1,43,296/-

towards salary increase arrears, Rs. 2,21,666/-

towards unutilized privileged leave (90 days) and

Rs. 10,500/- towards officiating allowance

respectively?

2. What order?

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

(a) Issue No. 1 : In the Affirmative.

(b) Issue No. 2 : As per final Order.

I have heard the oral arguments of Ld. Adv. Shri Suhas Naik appearing for the Applicant. On the contrary, none remained present for the Opponents. I have carefully perused the entire records of the present case. I have also carefully considered the submissions advanced by the Ld. Adv. Shri Suhas Naik, appearing for the Applicant.

REASONS:

Issue No. 1:

7. By the present claim application, the Applicant claimed a total amount of Rs. 5,64,715/- (Rupees Five lakhs sixty four thousand seven hundred and fifteen only) being Rs.1,35,072/- towards pending salary, Rs. 32,181/- towards bonus, Rs. 22,000/- towards LTA, medical allowances for the year 2018-19 and 2019-20, Rs.1,43,296/- towards salary increase arrears, Rs. 2,21,666/- towards unutilized privileged leave (90 days) and Rs.10,500/- towards officiating allowance respectively.

To support his claim, the Applicant has produced on record documentary evidence in support of his oral evidence. The said evidence oral as well as documentary adduced by the Applicant on record remained unchallenged for want of denial.

(a) Unpaid Salary:

8. The Applicant claimed from the Opponent an amount of Rs. 1,35,072/- towards his pending salaries for the period from October, 2019 to 3rd February, 2020.

The evidence on record indicates that the Applicant joined in the services of the Opponent No.1 as 'Accounts Officer' on 26-05-2003 and was subsequently re-designated as 'Accounts Executive' w.e.f. 01-04-2012 and was promoted as 'Asstt. Accounts Manager' w.e.f. 01-04-2018. The evidence on record indicates that the monthly net salary of the Applicant was Rs. 32,893/- after deducting the P.F. amounting to Rs. 2107/- in the month of August, 2019.

9. The evidence on record indicates that the Applicant resigned, vide his letter dated 04-01-2020 (Exb. 7) and was relieved on 20-03-2020 (Exb. 8) at the close working hours of 03-02-2020. The evidence on record indicates that the Applicant has not been paid his earned salaries for the month from October, 2019 till 03-02-2020. The evidence on record indicates that the monthly total net salary of the Applicant1183 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 was Rs. 32,893/-. Thus, the Applicant is entitled to

receive from the Opponent a sum of Rs. 1,34,860/-

(Rupees One lakh thirty four thousandeight hundred

and sixty only) towards his unpaid salaries for the

period from October, 2019 till 03-02-2020.

(b) Bonus:

10. The Applicant claimed a bonus of an amount

of Rs. 32,181/- for the year 2018-2019 and for the year

2019-2020.

The bonus is paid to the employee under the

Payment of Bonus Act, 1965. Section 8 of the Act

provides for the eligibility of the bonus. Section 9 of

the Act provides for disqualification for the bonus.

Section 10 of the Act, provides for minimum bonus.

The provisions of Section 10 provides for the minimum

bonus of 8.33% of the salary or wage earned by the

employee during the accounting year or Rs.100/-,

whichever is higher, whether or not the Employer

has any allocable surplus in the accounting year.

Similarly, Section 11 of the Act, provides for payment

of maximum bonus.

11. The evidence on record indicates that the

Applicant has failed to produce on record relevant

materials to grant maximum bonus. In the

circumstances, the Applicant is entitled for minimum

bonus @ 8.33% of the salary or wage earned by the

employee during the accounting year or Rs. 100/-

whichever is higher, whether or not the Employer

has any allocable surplus in the accounting year.

12. The Applicant claimed from the Opponent an amount of Rs. 32,181/- for the year 2018-19 and for the year 2019-20 towards bonus. Taking into consideration the monthly salary of the Applicant of Rs. 32,893/-, the minimum bonus for the year 2018-19 and for the year 2019-20 @8.33% amounts to

Rs. 5,480/- (Rupees Five thousand four hundred and eighty only).

Thus, the Applicant proved that he is entitled to receive from the Opponent No. 1 a total amount of Rs. 5,480/- (Rupees Five thousand four hundred and eighty only) towards bonus for the year 2018-19 and for the year 2019-20.

(c) Medical Allowance and LTA.

The Applicant claimed LTA and medical allowance for the year 2018-2019 and for the year 2019-2020 for an amount of Rs. 22,000/- (Rupees

Twenty two thousand only).

13. The Applicant has however, failed to produce

on record any material evidence to show that he is

entitled for Medical Allowance. In the absence of

any material evidence on record, this Court cannot

grant any amount towards Medical Allowance to

the Applicant. Hence, it is held that the Applicant

failed to prove that he is entitled for medical

allowance and as such his claim towards Medical

Allowance stands rejected.

14. The Applicant has produced on recordletter

dated 26-12-2018 issued by the Opponent No.1

(Exb.06). As per the said letter at Exb. 06 issued by

the Opponent No. 1, he is eligible for Leave Travel

Allowance of Rs. 12,000/- per annum. The Applicant

is therefore, entitled for LTA of Rs. 12,000/- per annum

for the year 2018-19 and for the year 2019-20

amounting to Rs. 24,000/-. Hence, the Applicant has

proved that he is entitled for LTA for an amount of

Rs. 24,000/- (Rupees Twenty four thousand only).

(d) Salary Increase Arrears:

15. The Applicant claimed an amount of

Rs. 1,43,296/- towards the arrears in his increase in

salary from 01-04-2017 till 30-11-2018.

The evidence on record indicates that the net

salary of the Applicant was Rs. 29,883/- w.e.f.

01-04-2017 which was subsequently increased to

Rs. 35,000/- w.e.f. 01-04-2018 as per the salary revision

for the year 2016-17 and 2017-18 dated 26-12-2018

(Exb. 6). Thus, there was increase in salary of Rs. 5,117/-

per month from 01-04-2017 till 30-11-2018 (for 20

months) which comes to Rs. 1,02,340/-. Thus, the

Applicant is entitled to receive from the Opponent

No. 1 a sum of Rs. 1,02,340/- (Rupee One lakh two

thousand three hundred and forty only) towards

arrears of increase in salary.

(e) Unutilized Privileged Leave:

16. The Applicant claimed an amount of

Rs. 2,21,666/- towards 90 days of his unutilized

privileged leave. The net salary of the Applicant was

Rs. 32,893/- per month. Taking into consideration the

monthly salary of the Applicant, the Applicant is

entitled for an amount of Rs. 98,679/- towards his

unutilized privileged leave. Thus, the Applicant is

entitled to receive from the Opponent a sum of

Rs. 98,679/-(Rupees Ninety eight thousand six

hundred and seventy nine only) towards his

unutilized privileged leave.

1184 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

17. In the case of New Standard Engineering Company Limited v/s. Ashok H. Hire and Anr.,

reported in 2004 II CLR 574, the Hon'ble High Court

of Bombay, after relying upon a judgment of Hon'ble Supreme Court of India, in the case of Suresh Sakharam Chowgule and Anr. v/s. M/s. Parel Cotton

Press Factory (1994 SUPP. (3) SCC 704), held that "though the provisions of Industrial Disputes Act, do not expressly empowered the Industrial Court to grant

interest, the court is entitled to grant interest

depending upon facts of each case".

18. In the case of Haryana State Federation of Consumer Co-operative Wholesale Stores Ltd. v/s. SiriKishan and Anr., reported in 1996 II CLR 688, the

Hon'ble High Court of Punjab and Haryana has held that "where the Employer has retained what was required to be disbursed to the Workman, by denying their rightful dues for almost a period of 12 years, during which the value of their money has considerably diminished due to inflation i.e. prevalent

in the country, the Labour Court is perfectly entitled to say that the workman should be compensated by way of payment of interest."

19. Thus, it is settled principle of law that the Labour Court or Industrial Tribunal is empowered to grant interest depending upon the facts and

circumstances of each case. In the instant case as stated above, it has been proved that the Applicant is entitled to receive from the Opponent No.1 a total amount of Rs. 3,65,359/- (Rupees Three lakhs sixty five thousand three hundred and fifty nine only) towards unpaid salaries, bonus, arrears of salary

increase, unutilized privileged leave and LTA. The Applicant is therefore entitled to receive from the Opponent No.1 being Employer and Opponent No. 2 and Opponent No. 3 being partners of the Opponent No. 1 the said amount of Rs. 3,65,359/- (Rupees Three lakhs sixty five thousand three hundred and fifty

nine only) alongwith simple interest @ 9% p.a. from the date of passing the present order till its actual realization.

Rs. 3,65,359/- (Rupees Three lakhs sixty five thousand

three hundred and fifty nine only) along with simple interest @9% p.a. from the date of passing of the present order till the actual realization of the said amount.

2. No order as to cost.

Pronounced in the Open Court.

Sd/-

(Suresh N. Narulkar), Presiding Officer,

Labour Court - II.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division ––– Order

No. 8/60/2022-LD(Estt)/446

Smt. Malini Sawant, Upper Division Clerk is hereby given charge of the post of Jt. Civil Registrar- -cum-Sub Registrar-I, Bardez and Smt. Soniya S. Halarnakar, Jt. Civil Registrar-cum-Sub Registrar-I, Bardez is hereby directed to take charge of Civil

Registrar-cum-Sub Registrar, Bardez, with immediate effect, in public interest.

Smt. Malini Sawant, Upper Division Clerk shall continue to draw her salary against her incumbent post of Upper Division Clerk, Ponda.

This issues with the approval of the Government.

By order and in the name of the Governor of

Goa.

Amir Y. Parab, Under Secretary (Law-Estt.).

Porvorim, 21st April, 2022.

———uuu———

Department of Legal Metrology –––

Notification

In view of above and with regards to the facts and circumstances of the case, I pass the following order:

O R D E R

1. The present claim application of the Applicant filed u/s 33-C (2) of the I.D. Act, 1947 is hereby allowed. The Opponents are hereby directed to pay to the Applicant, Mr. Shivnath P. Hoble, a sum of No. 1/2/12-CLM/2022/212/488

In exercise of the powers conferred under Section

14 sub-section (1) of the Legal Metrology Act, 2009 (Central Act No. 1 of 2010), the Government of Goa hereby appoints the persons mentioned in column (2) of the Schedule hereinbelow (hereinafter called as the "said Schedule") and give them the1185 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 designations as specified in corresponding entries in column (3) of the said Schedule for carrying out the purposes of the said Act, with effect from the date of their joining the respective posts as indicated in the column (4) against their names in the Schedule below.

SCHEDULE

Designation Date of joining Sr. Name of the No. Officer

the post

(1) (2)

(3)

(4)

1. Shri Aditya R. Parab Inspector Legal Metrology 23-12-2021. 2. Kum. Swezel U. Colaco Inspector Legal Metrology 23-12-2021. 3. Shri Azen R. Rodrigues Inspector Legal Metrology 23-12-2021. 4. Shri Sidhesh V. Shirgaonker Inspector Legal Metrology 23-12-2021. 5. Shri Rajat R. Karapurkar Inspector Legal Metrology 23-12-2021. 6. Shri Melshawn Dias Inspector Legal Metrology 23-12-2021. 7. Shri Keshavraj G. Govenkar Inspector Legal Metrology 23-12-2021. Inspector Legal Metrology 27-12-2021. 8. Shri Bhupendra U. Dessai

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

P. S. Shirodkar, Controller & ex officio Under Secretary (Legal Metrology).

Porvorim, 19th April, 2022.

—––––

Notification

No. 1/2/12-CLM/2022/213/489

In exercise of the powers conferred under Section 14 sub-section (1) of the Legal Metrology Act, 2009 (Central Act No. 1 of 2010), the Government of Goa hereby appoints the persons mentioned in column (2) of the Schedule hereinbelow (hereinafter called as the "said Schedule") and give them the designations as specified in corresponding entries in column (3) of the said Schedule for carrying out the purposes of the said Act, with effect from the date of their joining the respective posts as indicated in the column (4) against their names in the Schedule below.

SCHEDULE

Designation Date of joining Sr. Name of the No. Officer

the post (1) (2)

(3)

(4)

1. Shri Vikas V. Kandolkar Inspector Legal Metrology 21-06-2011. 2. Shri Shubert J. D'costa Inspector Legal Metrology 24-06-2011. 3. Shri Sujan V. Rane Sardessai Inspector Legal Metrology 06-11-2014. 4. Shri Liladhar V. Kumbharjuvekar Inspector Legal Metrology 10-05-2016. 5. Shri Satish D. Gawas Inspector Legal Metrology 04-05-2016. 6. Shri Rajesh S. Vengurlekar Inspector Legal Metrology 04-05-2016.

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

P. S. Shirodkar, Controller & ex officio Under Secretary (Legal Metrology).

Porvorim, 19th April, 2022.

_______

Notification

No. 1/2/12-CLM/2022/215/491

In exercise of the powers conferred under Section 14 sub-section (1) of the Legal Metrology Act, 2009 (Central Act No.1 of 2010), the Government of Goa hereby appoints the persons mentioned in column (2) of the Schedule hereinbelow (hereinafter called as the "said Schedule") and give them the designations as specified in corresponding entries in column (3) of the said Schedule for carrying out the purposes of the said Act, with effect from the date of their joining the respective posts as indicated in the column (4) against their names in the Schedule below.

1186 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

SCHEDULE

Sr. Name of the No. Officer

(1) (2)

Designation Date of promotion joining of the post

(3)

(4)

1. Shri Arun N. Panchwadkar Assistant Controller Legal Metrology 09-06-2014. 2. Smt. Ranjan M. Borkar Assistant Controller Legal Metrology 12-11-2018. 3. Shri Gulam A. Gulburg Assistant Controller Legal Metrology 21-11-2019. 4. Shri Nitin P. Purushan Assistant Controller Legal Metrology 01-06-2020. 5. Shri Demu N. Mapari Assistant Controller Legal Metrology 01-12-2020.

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

P. S. Shirodkar, Controller & ex officio Under Secretary (Legal Metrology).

Porvorim, 19th April, 2022.

—––––

Notification

No. 1/2/12-CLM/2022/218/494

In exercise of the powers conferred under Section 14 sub-section (1) of the Legal Metrology Act, 2009 (Central Act No.1 of 2010), the Government of Goa hereby appoints Shri Prasad S. Shirodkar as the Controller Legal Metrology w.e.f. 21-11-2019, i.e. from the date of taking over the charge of the post of Controller Legal Metrology for the purposes of the said Act.

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

P. S. Reddy, Secretary (Legal Metrology).

Porvorim, 20th April, 2022.

———uuu———

Department of Mines & Geology

Directorate of Mines & Geology ––

Department of Personnel ––– Order

No. 5/8/2022-PER/785

Notification

No. 03/05/2022/Major/Mines/148

In exercise of the powers conferred by sub- section (2) of Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and in partial modification of the Government Notification No. DMG/MMDR/SPJ/30B/ /2018/7858 dated 25-01-2019, published in the Official Gazette, Series II No. 44 dated 31-01-2019, and with the concurrence of the High Court of Bombay, conveyed vide letter No. A. 1239/2021/ /1436 dated 23rd July, 2021, the Government of Goa hereby appoints Shri Vincent M. D'Silva, District Judge-I and Additional Sessions Judge, South-Goa, Margao, as the Judge of the Special Court constituted under sub-section (1) of Section 30B of said Act vide said Notification dated 25-01-2019.

This notification shall come into force on the

date of its publication in Official Gazette.

By Order and in the name of the Governor of

Goa.

Vivek H. P. (IAS), Director (Mines & Geloogy).

Panaji, 22nd April, 2022.

Read: Order No. 5/16/2021-PER/725 dated 05-04-2022.

In pursuance to Rule 23 of the Goa Civil Service Rules, 2016, the following Junior Scale Officers of Goa

Civil Service (direct recruits) appointed vide order read in preamble and on probation is hereby drafted for Departmental Training to be conducted at the Goa Institute of Public Administration and Rural Development, Ella Farm, Old-Goa for 33 days with effect from 18-04-2022 (all working days including

Saturdays):-

1. Shri Shreyas Dsilva.

2. Dr. Medora Eromilla D Costa.

3. Dr. Mriselda Velika Monteiro.

4. Shri Velton Peter Tellis.

5. Shri Prajeet Ramdas Chodankar.

6. Shri Vinayak Suresh Chari.

7. Ms. Diksha Namdev Tari.

The training shall be held from 9.30 a.m. to 5.30

p.m. The Officers shall directly report to Ms. Seema

Fernandes, Assistant Director, GIPARD at 9.00 a.m.

1187 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

Instructions to the probationers trainees:-

1. The trainee shall abide by the instructions issued by GIPARD from time to time during the period of training.

2. Punctuality during the entire course, discipline and decorum in the Institute as well as during study visits, etc. shall be maintained by the trainees.

3. Every trainee shall maintain a daily diary, compulsorily.

4. No errant behaviour, on part of the trainee, shall be tolerated during the training and if such behaviour is noticed deemed fit action shall be initiated against the trainee.

5. No leave shall be granted during the period of training except in unavoidable circumstances. Absence from training will have to be justified in writing.

6. Attendance of the trainee for the entire training programme is compulsory.

7. All trainees shall be under the control of the Goa Institute of Public Administration and Rural Development during the entire training period.

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

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 13th April, 2022.

–––––––– Order

No. 7/5/2018-PER/831

Read: Letter No. 12026/06/2021-IFS-I dated 02-03-2022.

The Governor of Goa is pleased to relieve Shri Anisha Kalkoor M., IFS Dy. Conservator of Forests, Working Plan Division from the State Administration w.e.f. 31-05-2022 (a.n.), to join the post of Lecturer, at the Central Academy for State Forest Service, Coimbatore on tenure deputation basis under the Central staffing Scheme.

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

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 19th April, 2022.

––––––––

Order

No. 6/34/2014-PER/Part/842

On the recommendation of the Goa Services Board, the Governor of Goa is pleased to order transfer of the following Junior Scale Officer of Goa Civil Service, in public interest, with immediate effect:-

Posted as

Sr. Name of the Officer & present post No.

1. Shri Madhu G. Narvekar, Chief Officer, Quepem Dy. Collector and SDO, Canacona with additional Municipal Council with additional charge of Project charge of Chief Officer, Canacona Municipal Officer, DRDA, South Council and Project Officer, DRDA, South.

2. Shri Uday Rama Prabhu Dessai, Dy. Collector Dy. Commissioner of State Taxes.

and SDO, Canacona

3. Shri Ganesh Krishnakumar Barve, Chief Officer, Chief Officer, Quepem Municipal Council with Canacona Municipal Council with additional additional charge of Forest Settlement Officer, charge of Forest Settlement Officer, South South.

4. Shri Ravishekhar G. Nipanikar, Deputy Registrar Dy. Collector and SDO, Mormugao.

of Co-operative Societies (Tech.)1188 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 5. Shri Dattaraj Krishna Gauns Dessai Dy. Collector Deputy Registrar of Co-operative Societies (Tech.) and SDO, Mormugao with additional charge of with additional charge of Member Secretary, Member Secretary, Ravindra Bhavan, Mormugao Ravindra Bhavan, Mormugao.

6. Shri Antonio Savio Lourenco, Under Secretary, Under Secretary to Honble Minister for Fisheries, Forest with additional charge of Deputy Director AH & VS and Factories & Boilers. (Development), Higher Education

7. Shri Kuldeep Arolkar, Deputy Director (Admn.), Under Secretary to Hon'ble Minister for Tourism, Electricity Department with additional charge IT and Printing & Stationery. of Deputy Director (Admn.), DFDA

Smt. Nathine S. Araujo, Under Secretary, Personnel-II shall hold the charge of Under Secretary, Forest in addition to her own duties.

Shri Tushar T. Halarnkar, Deputy Director (Admn.), Higher Education holding additional charge of Under Secretary, Higher Education shall also hold additional charge of Deputy Director (Development), Higher Education in addition to his own duties.

The SLAO, PWD shall hold the additional charge of Dy. Director (Admn.), DFDA and Dy. Director (Admn.), PWD shall hold the additional charge of Dy. Director (Admn.), Electricity Department as per standard link arrangement in addition to their own duties, until further orders.

The officers appointed on ex-cadre deputation posts shall be governed by the standard terms of deputation, as amended from time to time.

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.

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 20th April, 2022.

–––––––

Order

No. 7/3/2019-PER/840

Shri Prasad Lolayekar, IAS, Director (Higher Education) shall hold the charge of the post of Executive Director, Sports Authority of Goa, in addition to his duties, with immediate effect.

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

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 20th April, 2022.

———–

Corporation and shall be governed by the standard terms of deputation as amended from time to time.

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

Vishal C. Kundaikar, Under Secretary (Personnel-I).

Porvorim, 20th April, 2022.

———uuu———

Department of Public Health –– Notification

No. 47/5/2011-I/PHD/Part/(Vol.I)/518

Order

No. 6/10/2017-PER/Part/844

On the recommendation of the Goa Services Board, the Governor of Goa is pleased to transfer and post Shri Dipak Dessai as Director of Skill Development & Entrepreneurship with additional charge of Managing Director, Goa Education Development Corporation, with immediate effect, in public interest.

Shri Dessai shall draw salary against the post of Managing Director, Goa Education Development In exercise of the powers conferred by Section 7 of the Goa Clinical Establishments (Registration and Regulation) Act, 2019 (Goa Act 19 of 2019), the Government of Goa hereby sets up the North Goa District Registering Authority consisting of the following members, namely:-

1. Collector, North Goa District — Chairperson. 2. Dr. Sandip Naik — Member. 3. Dr. Mithun Mahatme, — Member.

Bicholim-Goa

4. Dr. Dharmendra Prabhudesai — Member. 5. Dr. Amit Kalangutkar — Member.

1189 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

6. Shri Santosh Fondekar — Member. 7. Dr. Ridhima Gaunkar, Asst. Prof. — Member.

Goa Dental College and Hospital

8. Clevy D'Souza, Ward Incharge, — Member.

North Goa District Hospital

9. Dr. Rajeshwar Naik — Member. 10. Medical Superintendent of the — Member

Asilo Hospital, North Goa Secretary. District Hospital

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.

Vikas Gaunekar, Additional Secretary (Health).

Porvorim, 25th April, 2022.

–––––––––

Council for Clinical Establishments consisting of the following members, namely:-

1. Secretary (Health) — Chairman. 2. Dean, Goa Medical College — Member. 3. Dr. Rajeshwar Vishnudas Naik, — Member.

Member of Goa Medical

Council

4. Dr. Suresh B. Shetye, President — Member.

of Goa State Dental Council, Bambolim

5. Dr. Wilson N. Fernandes, — Member.

Professor, INE, Bambolim

6. Mr. Raj X. Vaidya — Member. 7. Dr. Sneha Bhagwat, President — Member.

of Goa Council of Ayurvedic and Other Allied Systems of Medicine

Notification

No. 47/5/2011-I/PHD/Part/(Vol.II)/(a)/520

In exercise of the powers conferred by Section 7 of the Goa Clinical Establishments (Registration and Regulation) Act, 2019 (Goa Act 19 of 2019), the Government of Goa hereby sets up the South-Goa District Registering Authority consisting of the following members, namely:-

1. Collector, South Goa District — Chairperson. 2. Dr. Jean Louis De Menezes — Member. 3. Dr. Shailesh Kamat, Vasco-Goa — Member. 4. Dr. Joy Pereira — Member. 5. Dr. Vishal Gude — Member. 6. Mr. Jyotindra Sambari — Member. 7. Dr. Ivy Coutinho, Prof. Goa — Member. Dental Council and Hospital — Member. 8. Vandana Desai, Ward Incharge, — Member.

Hospicio Hospital

9. Dr. Rajeshwar Naik — Member. 10. Medical Superintendent of — Member.

the Hospicio Hospital, South Secretary. Goa District Hospital

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.

Vikas Gaunekar, Additional Secretary (Health).

Porvorim, 25th April, 2022.

————

8. Dr. Bipin Salkar, President of — Member.

Goa Board of Homeopathy

9. Dr. Shivanand Gaus — Member. 10. Dr. Mohan Pai Raikar — Member. 11. Dr. Vinayak Buvaji — Member. 12. Margarette Luci D'Mello, — Member.

Ward Sister, Hospicio

Hospital, Margao

13. Dr. Govind G. Kamat — Member. 14. Dr. Gregory Pereira — Member. 15. Dr. Virendra Gaonkar — Member 16. Director of Health Services, Secretary.

Government 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.

Vikas Gaunekar, Additional Secretary (Health).

Porvorim, 25th April, 2022.

———uuu———

Department of Tourism –– Notification

No. 3/3(922)/2022-DT/180

Notification

No. 47/5/2011-I/PHD/Part/(Vol.II)/(a)/519

In exercise of the powers conferred by Section 3 of the Goa Clinical Establishments (Registration and Regulation) Act, 2019 (Goa Act 19 of 2019), the Government of Goa hereby constitutes the Goa In terms of Article 107 of the Articles of Association of Goa Tourism Development Corporation Ltd. (hereinafter called the said "Corporation"), the Governor of Goa is pleased to appoint the following persons as Directors of the Goa Tourism Development Corporation Ltd., with immediate effect, namely:

1190 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

1. Shri Ganesh Gaonkar, — Director.

(MLA–Sanvordem Constituency)

2. Secretary (Finance) — Director.

3. Secretary (Tourism) — Director.

4. Director of Tourism — Director.

5. President, Travel & Tourism — Director.

Association of Goa (TTAG)

6. Managing Director, Goa — Director.

The officers shall exercise their option for fixation of pay in promotional grade in terms of F.R. 22(I)(a)(1), within a period of one month from the date of issue of the Order.

By order and in the name of the Governor of

Goa.

Puneet Kumar Goel, Chief Secretary/HOD (TCP).

Panaji, 20th April, 2022.

—–––––

Order

Tourism Development Corporation (GTDC)

In terms of Article 117 of the Article of Association of said Corporation, the Governor of Goa further nominates Shri Ganesh Gaonkar, MLA–

Sanvordem Constituency, Director as Chairman of the Corporation.

This supersedes all earlier Notifications issued

in this regards from time to time.

By order and in the name of the Governor of

Goa.

Menino D'Souza (IAS), Director & ex officio Addl.

Secretary (Tourism).

Panaji, 21st April, 2022.

———uuu———

Department of Town & Country Planning –– Order

No. 1/6/TCP/RR's/Part/2011-18/595 No. 1/7/TCP/2022(Part)/601

On recommendation of the Departmental Promotion Committee meeting held on 13-04-2022 conveyed by Goa Public Service Commission vide its letter No. COM/II/11/50(1)/09/38 dated 13-04-2022, sanction of the Government is hereby conveyed for promotion of following Town Planners to the post of Senior Town Planner in the level 11 of CCS (RP) Rules, 2016 with effect from the date of Departmental Promotion Committee meeting i.e. 13-04-2022 in the order of seniority within their respective grading as on 13-04-2022.

Sr. No. Name of the Officer

1. Shri Ranjit M. Borkar.

2. Ms. Vertika Dagur.

3. Shri Rajindar Kumar Pandita.

The officers shall exercise their option for fixation of pay in promotional grade in terms of F.R. 22(I)(a)(1), within a period of one month from the date of issue of the Order.

By order and in the name of the Governor of

Goa.

Puneet Kumar Goel, Chief Secretary/HOD (TCP).

Panaji, 21st April, 2022.

________

Notification

On recommendation of the Departmental Promotion Committee meeting held on 13-04-2022 conveyed by Goa Public Service Commission vide its letter No. COM/II/11/50(1)/2022/36 dated 13-04-2022, sanction of the Government is hereby conveyed for promotion of following Senior Town Planners to the post of Chief Town Planner (Administration), Chief Town Planner (Land Use) and Chief Town Planner (Planning) in the level 12 of CCS (RP) Rules, 2016 with effect from the date of Departmental Promotion Committee meeting i.e. 13-04-2022 in the order of seniority within their respective grading as on 13-04-2022.

Sr. Name of the Officer Designation No.

1. Shri James Mathew Chief Town Planner

(Administration).

2. Shri Siddappa Chief Town Planner

M. Byakod (Land Use).

3. Shri Rajesh J. Naik Chief Town Planner

(Planning).

No. 28/11/TCP/2017-19(Part)/639

In exercise of the powers conferred by sub-sections (1) and (3) of Section 20 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975), read with Rule 3 of the Goa, Daman and Diu Town and Country Planning (Planning and Development Authorities) Rules, 1977 and in supersession of the Government Notification No. 28/11/TCP/2017- 19(Part)/1178 dated 20-07-2021, the Government of Goa hereby reconstitutes in respect of the Margao Planning Area and Ponda Planning Area, both declared as such vide the Government Notification No. 4-5-2-84-UDD(Part)/05/27371191 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

Notification

dated 27-9-2005, published in the Official Gazette, Extraordinary No. 3, Series I No. 25 dated 27-09-2005 read with the Government Notification No. 4-5-2-84-UDD (Part)/TCP/2011/4368 dated 20-10-2011, published in the Official Gazette, Extraordinary, Series III No. 29 dated 20-10-2011, Notification No. 4-5-2-84-UDD/(Part)/TCP/2011/4504 dated 3-11-2011, published in the Official Gazette, Series III No. 32 dated 10-11-2011 and Notification No. 4-5-2-84-UDD(Part)/TCP/2012/1616 dated 11-05-2012, published in the Official Gazette, Series III No. 7 dated 17-05-2012, an authority to be called the South Goa Planning and Development Authority consisting of the following members, namely:-

1. Shri Krishna Salkar, — Chairman.

Hon'ble MLA of Vasco Assembly Constituency

2. Shri Digambar Kamat, — Member.

Hon'ble MLA, Margao Assembly Constituency

3. Shri Vijay Sardesai, — Member.

Hon'ble MLA, Fatorda Assembly Constituency

4. Shri Ravi Naik, — Member.

Hon'ble MLA, Ponda Assembly Constituency

5. Shri Sadanand Rajaram Naik, — Member.

Councillor of Margao Municipal Council

6. Shri Vishwanath Dalvi, — Member.

Councillor of Ponda Municipal Council

7. Shri Anand Pandurang Naik, — Member.

Councillor of Ponda Municipal Council

8. Shri Rupesh Mahatme, Margao — Member.

No. 28/11/TCP/2017-19/644

In exercise of the powers conferred by sub-

-sections (1) and (3) of Section 20 of the Goa Town

and Country Planning Act, 1974 (Act 21 of 1975), read

with Rule 3 of the Goa, Daman and Diu Town and

Country Planning (Planning and Development

Authorities) Rules, 1977 and in supersession of the

Government Notification No. 28/11/TCP/2017-19/

/2948 dated 13-11-2019, published in the Official

Gazette, Series II No. 33 dated 14-11-2019, the

Government of Goa, in consultation with the Goa

Town and Country Planning Board, hereby

re-constitutes in respect of (i) Mapusa Planning Area

declared as such vide the Government Notification

No. 4-5-2-84-UDD/Pt/TCP/2012-15/4928 dated

09-12-2015, published in the Official Gazette,

Series I No. 38 dated 17-12-2015; (ii) Calangute-

Candolim Planning Area declared as such vide the

Government Notification No. 4-5-2-84-UDD/pt/TCP/

/15/60 dated 08-01-2015, published in the Official

Gazette, Series II No. 42 dated 15-01-2015, read with

the Government Notification No. 4-5-2-84-UDD/Pt/

/TCP/2016/4297 dated18-10-2016, published in the

Official Gazette, Series II No. 29 dated 20-10-2016;

and (iii) Arpora-Nagoa-Parra Planning Area declared

as such vide the Government Notification No. 28/

/10/TCP/2018/163 dated 24-01-2018, published in the

Official Gazette, Series III No. 43 dated 25-01-2018,

an authority to be called the North Goa Planning

and Development Authority consisting of the

following members, namely:-

1. Smt. Jennifer Monserrate, — Chairperson.

Hon'ble MLA of

9. Shri Ramnath Dangui, Usgao — Member.

Taleigao Constituency

10. Shri Saluzinho Esteven — Member.

Barretto, Vasco

2. Hon'ble MLA, Calangute — Member.

Assembly Constituency

11. Shri Girish Borkar, Vasco — Member.

12. Shri Maruti Dharmu — Member.

3. Hon'ble MLA, Mapusa — Member.

Assembly Constituency

Desai, Cuncolim

13. Town Planning Officer — Member

Secretary.

4. Hon'ble MLA, Saligao — Member.

Assembly Constituency

This Notification shall come into force on the

date of its publication in the Official Gazette.

5. Hon'ble MLA, Thivim — Member.

Assembly Constituency

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

James Mathew, Chief Town Planner & ex officio 6. Hon'ble MLA, Siolim — Member.

Assembly Constituency

Joint Secretary (Administration).

Panaji, 25th April, 2022.

7. Hon'ble MLA, Aldona — Member.

Assembly Constituency

1192 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

8. Shri Sushant Harmalkar, — Member.

Councillor, Mapusa

Municipal Council

9. Shri Aashirwad Khorjuvekar,

Councillor, Mapusa

Municipal Council

10. Shri Rupesh Kamat, — Member.

Mapusa

11. Shri Pedro Coutinho, Taleigao — Member.

12. Shri Sagar Naik, Mapusa — Member.

13. Shri Mario Fernandes, Taleigao — Member.

14. Shri Gurudas Shirodkar, — Member.

Calangute

15. Town Planning Officer — Member

Secretary.

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.

James Mathew, Chief Town Planner & ex officio Joint Secretary (Administration).

Panaji, 27th April, 2022.

_______

Office of the Chief Town Planner (Admn.)

––

Order

No. 17/01/TC-UD/TCP/2015/602

Government is pleased to order transfer of the following officers of the Town and Country Planning Department, in public interest, with immediate effect:

Sr. Name & Designation Present posting Proposed posting No.

1 2

3

4

1. Shri R. M. Borkar, Sr. Town Planner Member Secretary, Senior Town Planner, South

South Goa PDA Goa District office, Margao.

2. Ms. Vertika Dagur, Sr. Town Planner Headquarters, Panaji Senior Town Planner, North Goa

District Office, Mapusa and addl. charge Headquarters, Panaji.

3. Shri Vinod Kumar Chandra, South Goa District office, Margao Member Secretary, South Goa PDA.

Town Planner

4. Shri Sandip P. Surlakar, Tiswadi Taluka Office, Panaji South Goa District office, Margao.

Dy. Town Planner

5. Shri K. Ashok Kumar, Mormugao PDA, Additional Tiswadi Taluka Office, Panaji.

Dy. Town Planner charge Quepem Taluka office

6. Shri Prakash Bandodkar, North Goa District office Pernem Taluka Office, Pernem.

Dy. Town Planner

7. Shri Zaidev Aldonkar, Bicholim Taluka office North Goa District Office, Mapusa.

Dy. Town Planner1193 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 1 2

3

4

8. Shri Ritesh Shirodkar, Headquarters, Panaji additional Member Secretary, Mormugao Dy. Town Planner charge of Mormugao Taluka PDA and additional charge of

office Mormugao Taluka office.

9. Shri Shivprasad Murari, Pernem Taluka Office, Pernem Bicholim Taluka office, Bicholim.

Dy. Town Planner

10. Smt. Sampurna Bhagat, Headquarters, Panaji GIDC & RERA.

Dy. Town Planner

11. Shri Yugandaraj Redkar, Canacona Taluka Office, Quepem Taluka Office, Quepem Dy. Town Planner additional charge RERA a n d addl. ch a r g e C a n a c o n a

Taluka Office, Canacona.

The officers shall join the new place of posting with immediate effect without availing joining time.

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.

James Mathew, Chief Town Planner (Administration).

Panaji, 21st April, 2022.

–––––––

Corrigendum

No. 17/01/TC-UD/TCP/2015-17/626

Ref No.: 1/7/TCP/2022 (Part)/601 dated 21-04-2022.

In the Order read at preamble, the designation of Shri R. M. Borkar and Ms. Vertika Dagur may be read as "Senior Town Planner" instead of "Town Planner".

All other contents of the Order shall remain unaltered.

James Mathew, Chief Town Planner (Administration).

Panaji, 25th April, 2022.

–––––––

Office of the Chief Town Planner (Planning)

––

Order

No. 47/5/TCP/2022-23/1026

In exercise of the powers conferred by sub-section (1) of Section 132 of the Goa Town and Country Planning Act, 1974 (Act No. 21 of 1975), the Government of Goa hereby directs the Planning and Development Authorities specified in column (2) of the Table below to keep on hold their respective draft Outline Development Plans as specified in the corresponding entries in column (3) of the Table below and further directs them to prepare fresh Outline Development Plans for their respective Planning areas in consultation with the consultants/ /experts as may be decided by the Government and the Goa Town and Country Planning Board.

TABLE

Sr. Name of the Planning and Name of the Draft Outline No. Development Authority

Development Plan

1 2

3

1. Greater Panaji Planning and Development Authority Draft Outline Development Plan of

Panaji-2031.

2. Greater Panaji Planning and Development Authority Draft Outline Development Plan of Kadamba

Planning Area-2031.

3. North Goa Planning and Development Authority Draft Outline Development Plan for Mapusa

Planning Area.

1194 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022

1 2

3

4. South Goa Planning and Development Authority Draft Outline Development Plan of Margao

Planning Area-2031.

5. South Goa Planning and Development Authority Draft Outline Development Plan of Ponda

Planning Area-2031.

This Order shall come into force with immediate effect.

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

Rajesh J. Naik, Chief Town Planner & ex Officio Joint Secretary (Planning).

Panaji, 27th April, 2022.

–––––––

Notification

No. 47/5/TCP/2022-23/1025

In exercise of the powers conferred by Section 40 of the Goa Town and Country Planning Act, 1974 (Act No. 21 of 1975), the Government of Goa, being satisfied that a grave emergency exists which necessitates the suspension of certain Outline Development Plans, hereby suspends the following Outline Development Plans for a period of sixty days from the date of commencement of this Notification, namely:-

(i) Outline Development Plan for Calangute-Candolim Planning area-2025.

(ii) Outline Development Plan for Arpora-Nagoa-Parra Planning area-2030.

(iii) Outline Development Plan-2030 for Vasco-da-Gama Planning area.

Further, in exercise of the powers conferred by sub-section (1) of Section 132 of the said Act, the Government of Goa hereby directs that,—

(I) the aforesaid Outline Development Plans shall be reviewed and examined in detail by the Committee consisting of the following members, namely:-

(i) Shri Rajesh J. Naik, — Chairman.

Chief Town Planner (Planning)

(ii) Senior Town Planner (North) — Convener.

(iii) Senior Town Planner

— Member.

(South)

(iv) Shri Avez Azim Shaikh — Member.

Joint Secretary of Confederation of Real Estate Developers Association of India, CREDAI (Representative of CREDAI)

(v) Shri Amit Sukhthnkar — Member.

Chairman of Indian Institute of Architects (IIA) (Representative of IIA)

(vi) Shri Akash Khaunte, — Member.

Confederation of Indian Industry (CII) (Representative of CII)

(vii) Shri Gajanan Karkare — Member.

Chairman of Institution of Engineers (India), IEI (Representative of IEI)1195 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 4 28TH APRIL, 2022 (viii) Smt. Snehalata Pednekar — Member.

Member, Institute of Town Planners, India, Goa Regional Chapter [ITPI (GRC)] [Representative of ITPI (GRC)]

(ix) Member Secretary of — Member.

North Goa Planning and Development Authority

(x) Member Secretary of — Member.

the Mormugao Planning, Planning and Development Authority

II. The Regional Plan Goa – 2021 shall be applicable in respect of Calangute-Candolim Planning Area and Arpora-Nagoa-Parra Planning Area and Outline Development Plan–2026 for Vasco-da-Gama Planning Area shall be applicable in respect of Vasco-da-Gama Planning Area, until further order of the Government.

The above Committee shall submit report to the Government within a period of sixty days from the date of issue of this Notification.

This Notification shall come into force with immediate effect.

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

Rajesh J. Naik, Chief Town Planner & ex officio Joint Secretary (Planning).

Panaji, 27th April, 2022.

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1196
Cite this issue. Goa Gazette, Government of Goa, 28 April 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.2223-4.SII/2223-4-SII-OG-0/. Archive identifier in.goa.egaz.2223-4.SII/2223-4-SII-OG-0.