Goa Gazette, No. 2223-42, 19 January 2023

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RNI No. GOAENG/2002/6410 Reg. No. RNP/GOA/32/2021-2023

Panaji, 19th January, 2023 (Pausa 29, 1944) SERIES I No. 42 PUBLISHED BY AUTHORITY

NOTE

There are two Extraordinary issues to the Official Gazette, Series I No. 41 dated 12-01-2023, as follows:

(1) Extraordinary dated 12-01-2023 from pages 1341 to 1358, Notifications from Department of Home regarding amendment of Notification dated 9-11-1995; and Department of Finance regarding GST.

(2) Extraordinary (No. 2) dated 13-1-2023 from pages 1359 to 1362, Notifications from Department of Town and Country Planning regarding declaration of Planning Area.

INDEX

Department Notification/Ord. Subject Pages

1

2

3 4

1. a. Civil Supplies Not.- DCS/ADCS/CC/AMEND/100/ Consumer Protection (Consumer Dispute 1363 /2022-23/3483 Redressal Commission) Amendment

Rules, 2022.

b. —do— Not.- DCS/ADCS/CC/AMEND/100/ Consumer Protection (Qualification for 1364 /2022-23/3484 appointment, method of recruitment, procedure

of appointment, term of office, resignation and removal of the President and Member of the State Commission and District Commission) (Amendment) Rules, 2022.

2. Revenue Not.- 1/1/3/2022-RD/4454 Amendment to Notification dated 25-5-2022. 1365

3. a. Tourism Ord.-Cabinet/2012-13/GTDC- Pattern of Assistance—GTDC (SPV) for 1365 SPV/3633 Development of Tourism related Infrastructure

in State of Goa.

b. —do— Not.- N5/3(388)/2023-DT/237 Demarcation of additional area for Water 1369

Sport Activities-North Goa Beaches.

4. Tribal Welfare Not.- 1-285(702018-19/ADMN/DTW/ Amendment to the Short Term Loan Scheme. 1370 /7055 dated 24-12-2018

5. Mormugao Port — Berthing Policy for Dry Bulk Cargo-Implementa- 1371 Authority

tion of Penalty and Incentives-2023.

GOVERNMENT OF GOA

published for the general information of the public, namely:—

Department of Civil Supplies & Consumer Affairs

––––

1. (1) These rules may be called the Consumer Protection (Consumer Dispute Redressal Commission) Amendment Rules, 2022.

Notification

(2) They shall come into force on the date DCS/ADCS/CC/AMEND/100/2022-23/3483

of their publication in the Official Gazette.

The Consumer Protection (Consumer Dispute Redressal Commission) Amendment Rules, 2022, which has been notified in the Gazette of India (Extraordinary) vide G.S.R. 892(E) dated 20th December, 2022 is hereby

2. In the Consumer Protection (Consumer Dispute Redressal Commission) Rules, 2020, in rule 7, in sub-rule (2), for the Table, the following Table shall be substituted, namely:—

"TABLE

SI. No. Value of goods or services paid Amount of as consideration fee payable

(1) (2)

(3)

District Commission

1. Upto rupees five lakh Nil

2. Above rupees five lakh and Rs. 200

upto rupees ten lakh

3. Above rupees ten lakh and Rs. 400

upto rupees twenty lakh

4. Above rupees twenty lakh Rs. 1000

and upto rupees fifty lakh

State Commission

5. Above rupees fifty lakh Rs. 2000

and upto rupees one crore

6. Above rupees one crore Rs. 2500

and upto rupees two crore

National Commission

7. Above rupees two crore Rs. 3000

and upto rupees four crore

8. Above rupees four crore Rs. 4000

and upto rupees six crore

9. Above rupees six crore Rs. 5000

and upto rupees eight crore

10. Above rupees eight crore Rs. 6000

and upto rupees ten crore

11. Above rupees ten crore Rs. 7500

By order and in the name of the

Governor of Goa.

Gopal A. Parsekar, Director of Civil Supplies

& Consumer Affairs & ex officio Joint

Secretary.

Panaji, 12th January, 2023.

———

Notification

DCS/ADCS/CC/AMEND/100/2022-23/3484

The Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and Member of the State Commission and District Commission) (Amendment) Rules, 2022, published in the Gazette of India (Extraordinary) vide G.S.R. 704(E) dated 15th September, 2022 is hereby published for the general information of the public, namely:—

1. (1) These rules may be called as the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and Member of the State Commission and District Commission) (Amendment) Rules, 2022.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. In the Consumer Protection (Qualifica- tion for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and Member of the State Commission and District Commission) Rules, 2020, for rule 10, the following rule shall be substituted, namely:—

10. Term of office of President or Member.— (1) The President of the State Commission shall hold office for a term of four years or upto the age of sixty-seven years, whichever is earlier and shall be eligible for reappointment for another term of four years subject to the age limit of sixty- seven years, and such reappointment shall be made on the basis of the recommendation of the Selection Committee.

(2) Every member of the State Commission and the President and every member of the District Commission shall hold office for a term of four years or upto the age of sixty-five years, whichever is earlier and shall eligible for reappointment for another term of four years subject to the age limit of sixty-five years, and such reappointment shall be made on the basis of the recommendation of the Selection Committee.

By order and in the name of the

Governor of Goa.

Gopal A. Parsekar, Director of Civil Supplies & Consumer Affairs & ex officio Joint Secretary.

Panaji, 12th January, 2023.

Department of Revenue

–––

destination to national and international tourists.

Notification

1/1/3/2022-RD/4454

Read: 1. Office Memorandum No. 33-4/2015-

-NDM-I dated 20th March, 2015.

2. Notification No. 19-3-2014-RD-SEC/

/716 dated 06-04-2018.

3. Notification No. 1/1/3/2022-RD/

/3466 dated 25-05-2022.

In pursuant to above Notification read at preamble (3) the Government of Goa is pleased to notify "Fire" as a Human Induced Disaster.

By order and in the name of the

Governor of Goa.

Sapna S. N. Bandodkar, Under Secretary

(Revenue-II).

Porvorim, 12th January, 2023.

The Goa Tourism Development Corporation (GTDC) a Government of Goa undertaking was formed in the year 1982. The Corporation currently manages various properties which were transferred from the Tourism Department on commercial basis. As per the Memorandum and Articles of Association, the GTDC can undertake development of various Tourism Infrastructure in the State of Goa. The GTDC can also undertake the execution of Military/Civil or other private contracts or otherwise enter into agreement to tender for civil works.

———uuu———

Department of Tourism

–––

Order

Cabinet/2012-13/GTDC-SPV/3633

Ref.: Read Order No. Cabinet/2012-13/

/GTDC-SPV/1339 dated 02-07-2013.

Pattern of Assistance to Goa Tourism Development Corporation (Special Purpose Vehicle) for development of Tourism related Infrastructure in State of Goa.

Preamble.— The Department of Tourism, hereinafter referred to as 'Department', currently executes works pertaining to various tourism infrastructure related projects in the State, out of grants provided by Ministry of Tourism, Government of India, through Central Financial Assistance Scheme. Similarly, the Department is also responsible for creating tourism infrastructure in the State out of the State's sector funds and also under takes various promotional and marketing strategies in order to market Goa as an attractive and year round tourist The Government of Goa desires to have faster and holistic development of Tourism Infrastructure at various places in Goa, by availing Central Financial Assistance/ /Assistance from State Government. The GTDC shall/function as an agency of Department of Tourism, Government of Goa to create Tourism Infrastructure by following prescribed norms laid down by the Government from time to time. In order to offer a certain degree of autonomy in creation of tourism infrastructure related projects in various destination/circuits in the State, a need was felt, to designate the Corporation as "Special Purpose Vehicle" (SPV) for the execution of Central and State funded tourism infrastructure and related projects.

The Council of Ministers in its XXVIth Cabinet meeting held on 08-01-2013 had approved the proposal and the SPV has now been formally constituted vide Order No. Cabinet/2012-13/GTDC.SPV/6085 dated 05-02-2013.

Scope of Scheme.— (i) The scheme will include development of civil infrastructure works for upgradation of places of tourist interest, tourism infrastructure, illumination and preservation of monuments, operation and maintenance of assets development of cruise terminals/jetties/parking lots/parks/ /MICE facilities/wellness facilities/signages/ /illumination/CCTV coverage etc. Integrated development for heritage and hinterland tourism, development of properties under1365 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 42 19TH JANUARY, 2023 PPP/JV mode, operation and maintenance related expenses, tourism circuits/clusters in Goa and other related Tourism infrastructure would qualify for financial assistance under the scheme. The focus would be on development of World Class tourism infrastructure and development projects, which will give emphasis on development of infrastructure at prominent tourism places in the State. The aim would be to provide and upgrade necessary infrastructure facilities required by tourists.

(ii) The Special Purpose Vehicle (SPV) is undertaking various Civil, Electrical, Tourism related works for development of tourism infrastructure in the State, under both major and minor categor y. A panel of Project Management Consultants which have been empaneled by the Department of Tourism is being utilized for preparing various Detailed Project Reports (DPR's) and other integrated project consultancy related services. Various projects are being identified and approved by the Board of Directors of GTDC. The duly recommended projects by the Board of Directors of GTDC are being referred to State Government for administrative approval. After formation of Goa Tourism Board (GTB), all infrastructure projects will be placed before GTB or before Empowered Committee of GTB for their recommendation. Thereafter the said projects will be executed by the Project Cell by following normal codal formalities. The amounts received from Central Financial Assistance and State Budgetary support will be credited to a separate account which is maintained by the GTDC for smooth implementation of the project. Utilization certificates in the prescribed format will be submitted to the Department by the GTDC as SPV from time to time.

(iii) The functioning pattern of the project of various activities included in the scope of the scheme is funded 100% by the Department of Tourism, Government of Goa and GTDC as SPV is serving as implementing agency of these tourism projects. The project cost includes project plans and estimates, cost of advertisements, cost incurred for tender, cost of Project Cell setup for this purpose by GTDC, including salaries/allowances/honorarium, payment of water/electricity bills, stationery, hiring of vehicles for office use, legal expenses, office expenses, office rentals, consultant charges, etc., and all other incidentals which are involved in the implementation of the Tourism Projects. In order to cover administrative, salary, leave contribution, pension contribution of staff etc., and other items of contingent expenditure incurred in the smooth running of the SPV, the GTDC as SPV is entitled to levy administrative charges of 7.5% on the total value of the Project/work actually implemented/executed during the year. In case there is any surplus which remains out of the administrative charges and the actual expenditure therein, the same will be adjusted/used for the purpose of capital expenditure as envisaged under this scheme. None of the funds under this scheme shall form part of profit/loss account of the GTDC.

(iv) The Goa Tourism Development Corporation (SPV) is entitled to Government Grant based on the estimate and expenditure as approved by the Government in the Budget Estimate during the financial year. The SPV is following the norms of GSWB/EFC as applicable in terms of Order No.7-5-2012/ /Fin(Exp)-I and Order No. 7-5-2012/Fin(Exp)-II both dated 23-05-2012.

Responsibility of the Department of Tourism.— The Department will be responsible for following components of the project.

1. Acquiring land, identifying tourists' clusters and making the same available for Development.

2. Implementing of Rehabilitation Policy, where shifting of dwelling and commercial units is required.

3. Providing funds for construction of tourism infrastructure, operations, maintenance and management of assets created.

4. To place proposals before Goa Tourism

Board for recommendation.

5. To appoint a Monitoring Committee comprising of such members appointed by1366 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 42 19TH JANUARY, 2023 the Government for overall monitoring and implementation of various projects.

Responsibility of Goa Tourism Dev. Corp. Ltd. as SPV.— 1. To judiciously utilize the funds in a time bound manner for creating good quality tourism Infrastructure Projects in the State by following Codal procedures.

2. To ensure proper operation and maintenance of assets so created either through Government funding or by appointing and O&M agency under revenue model.

3. To strive to obtain funds from Central

Government under various schemes.

4. Identify requirements of funds and propose provision in the subsequent budget.

5. To submit Utilization Certificates from

time to time.

Funding pattern.— The expenditure shall be booked/released to the GTDC/SPV by making relevant provision in the following Budget Head.

Demand No. 78

Budget Head 5452 Capital Outlay on Tourism

01 — Tourist Infrastructure;

800 — Other Expenditure;

09 — Contribution to GTDC (SPV) for Tourism Infrastructure Develop- ment (P);

53 — Major works.

The funds will be released in the following stages, subject to furnishing of the Utilization Certificate:

1. First installment would be 20% of the total budget provision during the financial year.

2. Second installment would be 30% of the total budget provision during the financial year after providing Utilization Certificate for the first installment.

3. Third installment would be 40 % of the total budget provision during the financial year after providing Utilization Certificate for the second installment.

4. Fourth installment would be 10% of the total budget provision, after submission of Utilization Certificate of the first installment after providing Utilization Certificate for the third installment:

Codal formalities.— The GTDC as SPV shall follow all codal formalities, by awarding contracts and procurement of equipment, and ensure complete transparency in its transaction. Various guidelines regarding tendering, etc. issued by State Government from time to time would be adhered to.

The above Grant-in-Aid shall be governed as per the terms and conditions detailed below:

1. The entire amount of grant should be utilized within a period of one year from the date of sanction and only for the purpose for which it is sanctioned.

2. The GTDC as SPV should furnish a utilization certificate along with perfor- mance cum achievement reports with audited statement of accounts to the Department of Tourism, Panaji within three months on expiry of the sanctioned period.

3. The unspent balance of the Grant-in- -Aid shall be surrendered to the Government/will be adjusted towards the Grant-in-Aid payable during the next year with the prior approval of the Director of Tourism.

4. The grantee should maintain a separate audited account for the purpose.

5. The Accountant General/Statutory Auditors shall have the right to access and audit all the books and accounts of the grantee/implementing agency for the purpose of auditing.

6. The Department of Tourism may depute their person to visit the1367 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 42 19TH JANUARY, 2023 implementing agency for the purpose of

monitoring the work and GTDC shall

provide full co-operation to the person

deputed by the Director of Tourism.

7. The grantee should maintain register

of assets acquired/created out of the grants

in Form GFR-19 and exclusive used for the

purpose of which the grant is sanctioned.

8. No assets created under this scheme

shall be disposed off without prior approval

of the sanctioning authority.

Management of facilities and assets.— The

funding under the scheme shall also cover

maintenance and proper management of

Tourism Infrastructure/assets created under

this scheme. The GTDC shall strive to recover

the costs of by levying user fees, entry fees,

maintenance charges, etc. from the

beneficiaries/users of these Infrastructure

Projects. The Projects created under this

scheme, would be eligible for Subsidy or

Financial Assistance from other schemes of

Central and State of Goa.

The Goa Tourism Board and the Depart-

ment of Tourism will review the implemen-

tation of the project periodically, and the GTDC

as SPV shall submit annual report regarding

progress of the projects and attempts made

by the GTDC as SPV to make the projects

self-sustaining.

Project Cell under SPV (GTDC).— The

GTDC has created a Project Cell under SPV

headed by the Chief Engineer and comprising

of supportive staff to implement the projects

of Tourism Infrastructure Development/

/maintenance of tourism facilities/up-

gradation of tourism infrastructure as per the

Order No. Cabinet/2012-12/GTDC-SPV/6085

dated 05-02-2013. The Managing Director,

GTDC shall be the overall in-charge of the

Project Cell and shall be authorized to accord

expenditure sanction/approval/RA bills, etc. as per the expenditure sanction and

approvals granted by the Board of Directors

of GTDC.

The Chief Engineer shall be the technical

head of Project Cell and shall be responsible

for implementation of projects in all respects.

The Board of Directors of GTDC/Project Cell

will have all the powers as per the CPWD

manual for technical sanction of estimates,

expenditure sanctions, floating of tenders,

tender scrutiny, accepting the tenders,

issuing work orders, R.A. bills and sanction

of extra items/substitute items/deviation of all

other work activities, etc. The Board of

Directors of GTDC shall be vested with full

powers in accepting/rejecting any tender,

after following necessary codal formalities as

per CPWD Manual. The Department can also

refer various projects to GTDC for timely

completion including existing repair and

maintenance projects. All projects must have

prior administrative approval from the

Government and recommendation from GTB.

The posts in the Project Cell will be filled

either on deputation from Government

Departments or by giving additional charge,

or by recruitment on contract basis from open

market, for initial period of 5 years as per the

salary/recruitment terms and conditions to

be decided by the Board of Directors of GTDC.

The Board of Directors will decide on the

staffing pattern of temporary employees,

salary and pay and other related conditions

belonging to the Project Cell in accordance

with OM's/Circulars issued by Government

from time to time.

The Special Purpose Vehicle will undertake

various civil, electrical, tourism related works

for development of tourism infrastructure in

the State, under both major and minor

category. A panel of Project Management

Consultants which have been empaneled by

the Department of Tourism will be utilized

for preparing various Detailed Project Reports1368 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 42 19TH JANUARY, 2023 (DPR's) and other integrated project

consultancy related services. Various projects

will be identified and approved by the

Empowered Committee of GTB and

recommended to the State Government for

execution. These projects will be referred to

State Government for Administrative

approval. Thereafter the projects will be

executed by the Project Cell by following

normal codal formalities. The amount

received from Central Financial Assistance

and State Budgetary support, shall be created

to a separate account to be maintained by

GTDC for smooth implementation of the

project. Utilization cer tificates in the

prescribed format shall be submitted to the

Department by GTDC from time to time. The

functioning pattern of the project of various

activities included in the scope of the scheme

would be funded 100% by the Department of

Tourism, Government of Goa and GTDC would

serve as implementing agency of these

tourism projects. The project cost would

include project plans and estimates, cost of

advertisements, cost incurred for tender, cost regarding progress of the projects and

attempts made by the GTDC to make the

projects self-sustaining.

The pattern of assistance is approved by

Finance (Exp.) Department vide U. O.

No. 1400088712 dated 30-11-2022.

This supersedes the earlier Order No.

Cabinet/2012-12/GTDC-SPV/1339 dated

02-07-2013.

By order and in the name of the

Governor of Goa.

Nikhil U. Desai, IAS, Director of Tourism &

ex officio Joint Secretary.

Panaji, 17th January, 2023.

———

Notification

N5/3(388)/2023-DT/237

Read: Notification No. N5/3(388)/2020-DT

dated 07-01-2021 &

of Project Cell setup for this purpose by GTDC,

operations and maintenance of assets,

including salaries/allowances/honorarium,

office expenses, office rentals, consultant

charges, etc. and all other incidentals which

are involved in the implementation of the

Tourism Projects.

A monitoring and review committee shall

be set up under Secretary (Tourism) and

comprising of the Director of Tourism, MD,

GTDC, CE, GTDC (SPV), Dy. Director

(Accounts), Depar tment of Tourism and

Deputy Director (Planning), Department of

Tourism shall be the Member Secretary. The

powers and responsibilities of the monitoring

and review committee shall be as specified

by Government from time to time. The

monitoring and review committee will review

the implementation of the project periodically,

and the GTDC shall submit annual report Notification No. N5/3(388)/2020-DT

dated 06-01-2022.

In addition to areas notified vide the above

read notifications, Government of Goa is

hereby pleased to notify the demarcation of

additional areas for water sports activities on

North Goa beaches, with a view to regulate

and monitor these activities in the State of

Goa, in terms of Clauses 24(b) of "the policy

for regulation of water spor ts in Goa"

published in Official Gazette, Series I No. 34

dated 19th November, 2020 and the same is

published herewith for information of

concerned stakeholders/general public. The

Goa Electronics Limited will be operating

Single Window Counter for proper

management of water sports Q system, in

below notified zones.

Demarcation of additional area for Water Sport Activities-North Goa Beaches

Sr. No. Beach Location allotted for Water sports activities Remarks

water sports with GPS

1 2 3 4

5

Miramar Miramar right side: Dolphin trips/Tourist 1. Only "PNJ" registered boats will Beach 15º 29'11.0"N73º48'30.5"E boat ride be allowed to operate and no other registered boats (eg. WS) are allowed to operate from site, due to strong Miramar left side: 15º 29'08.5"N73º48'27.9"E current and barges operating through

the river.

2. Ticket counter should be at the entry point of Miramar beach. 3. Lifejacket, floating devices, fire extinguisher and First Aid box should be mandatory on boats.

2. Querim Querim right side Jetski rides, Boat rides, 1. Only winch parasailing to be Beach 15º42'48.8"N73º41'29.7"E Inflatable Banana & allowed to operate and no beach

Bump rides, Winch parasailing, due to the rocky area.

Querim left side parasailing, Island trips, 2. The water sport operators are 15º 42'45.5"N73º41'30.6"E Kayaking, Stand Up advised not to allow their customers

Surf Boards to swim inside water sport zones.

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

Nikhil U. Desai, Director of Tourism.

Panaji, 16th January, 2023.

———uuu———

Department of Tribal Welfare

Directorate of Tribal Welfare

–––

Notification

GSSTFDCL/171/2018-19/LA/2022-23/4991

1-285(7)/2018-19/ADMN/DTW/7055 dated 24-12-2018.

Read:- "Short Term Loan Scheme" of Goa State Scheduled Tribes Finance and Development Corporation Limited, Panaji.

Whereas, the Government has notified a scheme "Short Term Loan Scheme" of Goa State Scheduled Tribes Finance and Development Corporation Ltd., Panaji vide Notification No. 1-285(7)/2018-19/ADMN/DTW/346 notified in Official Gazette, Series I No. 11 dated 14th June, 2018.

And whereas, Government has also amended the clause 7 (f) of the scheme "Short Term Loan Scheme" of Goa State Scheduled Tribes Finance and Development Corporation Ltd., Panaji vide Notification No. 1-285(7)/2018-19/ADMN/DTW/7055 notified in Official Gazette, Series I No. 39 dated 27th December, 2018.

And whereas, Government desires to amend the clause 6(c) of the scheme "Short Term Loan Scheme" of Goa State Scheduled Tribes Finance and Development Corporation Ltd., Panaji.

Now therefore, the clause 6(c) of the scheme "Short Term Loan Scheme" of Goa State Scheduled Tribes Finance and Development Corporation Ltd., Panaji is amended to read as under:

Clause 6(c) Salary certificate of one surety along with affidavit of surety on Rs. 100/- Stamp Paper, one photo and ID proof of surety.

All other clauses in the above mentioned scheme remain unchanged.

This issues with the approval of Government vide U. No. 4372/F dated 26-12-2022.

This amendment shall come into force with immediate effect from the date of publication in the Official Gazette.

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

Triveni Velip, Director of Tribal Welfare.

Panaji, 16th January, 2023.

———uuu———

MORMUGAO PORT AUTHORITY

Mormugao Port Authority (Berthing Policy for Dry Bulk Cargo-Implementation of Penalty and Incentives), 2023

GOA Dated: January, 2023

Notification

In exercise of the powers conferred under Section 27 read with Section 72 of the Major Port Authorities Act, 2021 (1 of 2021), pursuant to Communication No. PD-11033/73/2013-PT(Pt) dated 16th June, 2016 of the Ministry of Ports, Shipping and Waterways (the then Ministry of Shipping), Government of India, the Board of Mormugao Port Authority hereby makes the Mormugao Port Authority (Berthing Policy for Dry Bulk Cargo – Implementation of Penalty and Incentives), 2023 and as set out in the schedule annexed to this Notification.

Sd/-

Chairperson of the Board of Mormugao Port Authority.

———

SCHEDULE

Mormugao Port Authority (Berthing Policy for Dry Bulk Cargo-Implementation of Penalty and Incentives), 2023

In exercise of the powers conferred under Section 27 read with Section 72 of the Major Port Authorities Act, 2021 (1 of 2021), pursuant to Communication No. PD-11033/73/2013-PT(Pt) dated 16th June, 2016 of the Ministry of Ports, Shipping and Waterways (the then Ministry of Shipping), Government of India, the Board of Mormugao Port Authority hereby makes the Mormugao Port Authority (Berthing Policy for Dry Bulk Cargo– Implementation of Penalty and Incentives), 2023 and as set here as under:

Ministry of Ports, Shipping and Waterways (the then Ministry of Shipping) vide its Communication No. PD- 11033/73/2013-PT(pt) dated 16-06-2016 had issued a berthing policy for dry bulk cargo for Major Ports. Accordingly, Tariff Authority for Major Ports (TAMP) vide Notification under reference No. TAMP/35/2016- Misc dated 20-02-2020 notified the approval of the implementation of the modified performance norms and penalty/incentive scheme for levy of penal berth hire charges for all the Major Port Authorities except Mormugao Port Authority, New Mangalore Port Authority and Kolkata Port Authority, wherein, Mormugao Port, New Mangalore Port and Kolkata Port had been directed to amend their respective policies according to the local conditions.

Hence, to implement the output norms in line with the policy made by the Ministry, the following modified penalty/incentive scheme, suiting local conditions, will come in force from the 30 days after the date of its notification in the Official Gazette by the Mormugao Port. All vessels arriving at berth on or after the date of these norms coming into force will be subjected to the policy.

The performance (productivity) norms shall be stipulated as per the formula prescribed at para 4.1 and 4.2 of the policy guidelines issued by the Ministry. On basis of the said formula, the prescribed performance norm for the dry bulk cargo handled at Mormugao Port is as under:

The penalty/incentive linked with the performance, suiting the local constraints and restrictions are as under:

Performance norms slab

Penalty/Incentive

If the ship stays upto 5% (higher or lower) of the Nil stipulated time for that commodity as specified in productivity norms.

If berth stay is more than 5% beyond the stipulated Rs. 500/- per hour or part thereof for every additional time for that Commodity as specified in productivity hour. norms.

If berth stay is 5% lower than the stipulated time Rs. 50/- per hour or part thereof for every additional for that commodity as specified in productivity hour of saving in berth time beyond 5% norms

Note:- Factors such as the delays that are attributable to the port viz., break-down/non-availability of port provided equipment, and weather related stoppages (tide, rain, rolling & pitching due to heavy wind, underwater currents, etc.) shall be considered as stoppages.

The following work/operation stoppages, which are unique to Mormugao Port shall be considered:

(a) Delays due to shifting of vessels, etc. (with any two berths shifting for vessels enjoying ousting/ /priority berthing, container vessels and cruise vessels is in routine);

(b) Tidal conditions, heavy wind leading to stoppage of work to avoid flowing of dust to the fisher folks' habitation;

(c) Delay in evacuation of cargo due to movement restrictions imposed by the local authorities, labour unrest, local unrest/functions-festivals, transport strike, bandh, etc. and delay in receipt of cargo due to non-availability of railway rakes (to be provided by South West Railways) which are beyond the control of the Stevedore.

The penalty/incentive provisions shall be applicable to Stevedores, with the provision that the amount can be claimed by the Stevedores from the cargo interests (Importer/Exporter) or vessel owners through their agents, depending on the reasons thereof.

Cargo handled at Mooring Dolphins which are unloaded using ships cranes is not covered under this proposal since imposition of these norms to mooring dolphins operations would straight away divert the cargo handling to the Panjim Port which has no such stipulation/requirement.

In case where in cargo/performance is not specified above (in Resolution 48 dated 30-08-2018), SoR Committee, MPA shall decide on to merge the cargo with similar descriptions to bring uniformity in implementation of the modified performance norms and penalty/incentive scheme for levy of penal berth hire charges.

Sd/-

Chairperson of the Board of Mormugao Port Authority1372 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 42 19TH JANUARY, 2023

V. No. AP-1096/2023.

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Government Printing Press

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on page 1360, before Annexure, the date may be corrected to read as "13th January, 2023" instead of "13th December, 2023." Corrigendum

All other contents of the Notification

remains unchanged.

Publication Division.

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