1363

Panaji, 19th January, 2023 (Pausa 29, 1944)

SERIES I No. 42

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

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. 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.

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.

Tribal Welfare

Not.- 1-285(702018-19/ADMN/DTW/

Amendment to the Short Term Loan Scheme.

1370

/7055 dated 24-12-2018

Mormugao Port

—

Berthing Policy for Dry Bulk Cargo-Implementa- 1371

Authority

tion of Penalty and Incentives-2023.

GOVERNMENT OF GOA

Department of Civil Supplies &

Consumer Affairs

––––

Notification

DCS/ADCS/CC/AMEND/100/2022-23/3483

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

published for the general information of the

public, namely:—

1. (1) These rules may be called the

Consumer Protection (Consumer Dispute

Redressal 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 (Consumer

Dispute Redressal Commission) Rules, 2020,

in rule 7, in sub-rule (2), for the Table, the

following Table shall be substituted, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1364

“TABLE

SI. No. Value of goods or services paid

Amount of

as consideration

fee payable

(1)

(2)

(3)

District Commission

Upto rupees five lakh

Nil

Above rupees five lakh and

Rs. 200

upto rupees ten lakh

Above rupees ten lakh and

Rs. 400

upto rupees twenty lakh

Above rupees twenty lakh

Rs. 1000

and upto rupees fifty lakh

State Commission

Above rupees fifty lakh

Rs. 2000

and upto rupees one crore

Above rupees one crore

Rs. 2500

and upto rupees two crore

National Commission

Above rupees two crore

Rs. 3000

and upto rupees four crore

Above rupees four crore

Rs. 4000

and upto rupees six crore

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

the

Gazette

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

made

the

basis

the

recommendation

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1365

Department of Revenue

–––

Notification

1/1/3/2022-RD/4454

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

-NDM-I dated 20th March, 2015.

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

/716 dated 06-04-2018.

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.

———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

undertakes

various

promotional

and

marketing strategies in order to market Goa

as an attractive and year round tourist

destination to national and international

tourists.

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.

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 under

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1366

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 category. 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

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

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 by

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1367

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

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

visit

the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1368

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 Reports

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1369

(DPR’s) and other integrated project

consultancy related services. Various projects

will be identified and approved by the

Empowered

Committee

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 certificates 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

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), Department 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

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 &

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 sports 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1370

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

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

Miramar left side:

to operate from site, due to strong

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.

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:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1371

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:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1372

PRODUCTIVITY NORMS (Tons/day/hook)

CARGO

HMC 1

HMC 2

SHIP’S CRANE

GRAB CAPACITY (CBM)

Mop

3400

3700

2300

1900

Gypsum

9100

10100

6100

5100

Iron lumps

9800

10900

6600

5500

Wood chips

—

3200

5600

6800

2000

1600

Limestone

10000

11100

6700

5600

Sand

9800

10100

6600

5500

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;

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 Authority

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 42

19TH JANUARY, 2023

1375

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–––

Corrigendum

In Official Gazette, Series I No. 41

(Extraordinary No. 2) dated 13-1-2023 for

Notification No. 36/1/TCP/478/2022/164 of

Department of Town and Country Planning

———ttt———

on page 1360, before Annexure, the date may

be corrected to read as “13th January, 2023”

instead of “13th December, 2023.”

All other contents of the Notification

remains unchanged.

Publication Division.