Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
Panaji, 24th March, 2023 (Chaitra 3, 1945) SERIES III No. 51 PUBLISHED BY AUTHORITY
EXTRAORDINARY
GOVERNMENT OF GOA
Department of Home
Home—General Division
Office of the District Magistrate, North Goa, Magisterial Branch
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And whereas, I am satisfied that the circumstances do not permit the serving, in due time, of the notices individually upon the persons against whom this order is directed and therefore, under the powers vested in me under sub section (2) of Section 144 of the Code of Criminal Procedure, 1973 I hereby pass the order ex-parte.
Order
No. 8/8/2022-MAG/L&O/V.P. Velg. & Ona Maul. kudch./Liquor/776
Now therefore, I, Mamu Hage, IAS, District Magistrate, North Goa District, in exercise of the powers vested in me under sub section (1) of section 144 of Code of Criminal Procedure, 1973 hereby issue following Prohibitory orders:
U/S 144 of the Code of Criminal Procedure of 1973
Whereas, the Goa State Election Commission has announced the Bye Election to Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona-Maulinguem-Kudchirem of Bicholim Taluka of North Goa District is scheduled to be held on 25-03-2023 and Counting of polled votes fixed on 27-03-2023. The Model Code of Conduct has already come into force with immediate effect. The Goa State Election Commission has issued directions to ensure free, fair, and peaceful Election;
And whereas, there is possibility of political disputes, confrontation, violence and breach of peace mainly due to misuse of Hotels, Restaurants, Tea Shops, Pan Shops and other food shops/joints (Dhabas, Gaddas) etc., due to gathering of crowd at places within the vicinity of 200 meters of the polling stations which creates nuisance and law and order problems.
And whereas, Sections 171-B and 171-C of the Indian Penal Code (IPC) clearly disallow attempts of bribery and undue influence on any person or voter and whoever commits offence of bribery is punishable under section 171-E of IPC and whoever commits the offence of undue influence or impersonation at an election is punishable under section 171-F of IPC.
1. "That all Restaurants, Bars, Tea shops, Pan shops, Eateries and other Food shops/joints (Dhabas, Gaddas) etc., situated in Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona-Maulinguem- Kudchirem of Bicholim Taluka of North Goa District jurisdiction within 200 mtrs. of the polling station on day of poll i.e. on 25-03-2023 from 06.00 a.m. to 06.00 p.m. and Counting Centre on day of counting i.e. on 27-03-2023 from 06.00 a.m. till end of counting of votes of Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona- -Maulinguem-Kudchirem of Bicholim Taluka of North Goa District shall remain closed".
2. Ban any gathering or crowd comprising of more than 5 persons within 200 meters of polling stations with in the area of Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona-Maulinguem- Kudchirem of Bicholim Taluka of North Goa District.
I further direct that the above restrictions shall not apply to public servants on duty and to bonafide marriage or funeral processions or religious processions/functions. Also, the above order shall not apply to the authorized officers on OFFICIAL GAZETTE — GOVT. OF GOA SERIES III No. 51 (EXTRAORDINARY) 24TH MARCH, 2023 Election Duty by the State Government, including the polling officials, Magistrates, Police officials and Government staff.
Failure to comply with this order shall be liable for penal action under section 188 of Indian Penal Code and other relevant provisions of laws in force.
Given under my hand and seal of this office on
this 20th day of March, 2023.
Panaji.— The District Magistrate (North), Mamu
Hage, IAS.
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/Additional District Magistrate/Sub-Divisional Magistrates, are genuine and for which prior permission in writing has/have been be obtained from the District Magistrate/Additional District Magistrate or the Sub-Divisional Magistrate concerned.
This order shall come into force w.e.f. 10.00 a.m. on 27-03-2023 and shall remain in force till the Assembly Session is over.
Given under my hand and seal, this 20th day of
March, 2023.
Panaji.— The District Magistrate (North), Mamu
Order
No. 8/8/2021-MAG/L&O/(Vol.II)/781 Hage, IAS.
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Order
U/S 144 of Criminal Procedure Code, 1973
Whereas it is apprehended that assemblies, processions and morchas are likely to be carried out during the 4th Session of the Eight Legislative Assembly of the State of Goa convened from 27-03-2023 to 31-03-2023.
And whereas such activities are likely to create not only traffic congestion but also disturbance to the smooth and peaceful functioning of the Assembly;
And whereas I am satisfied that adoption of immediate preventive measures are necessary for the maintenance of public peace, order and tranquility;
And whereas I am satisfied that there are sufficient grounds for proceeding under Section 144 (1) of the Code of Criminal Procedure, 1973 and that the circumstances do not allow the serving of notice individually.
Now, therefore, in exercise of the powers vested in me under Section 144 (1) of the Code of Criminal Procedure, 1973, I, Mamu Hage, IAS, District Magistrate, North Goa, do hereby prohibit:-
1. Assembly and gathering of five or more persons and taking out or organizing of processions.
2. The carrying of firearms or weapons of offences
such as lathis, swords, daggers or spears.
3. The use of loudspeakers.
4. The shouting of slogans.
5. Burning of fire.
in any public place, street, road, square, thoroughfare, by lane or in any open space within the radius of 500 meters around the Assembly Complex at Porvorim and the area under the jurisdiction of Panaji Police Station. I further direct that the above restriction shall not apply to public servants on duty and to bonafide marriage or funeral processions or any special occasion or occasions which in the opinion of the District Magistrate/ No. 23/5/2023-MAG/TISW/785
Read: 1. Order No. 23/5/2023-MAG/TISW/753 dated
17-03-2023.
2. Report No. SP/TRF/PAN/283/2023 dated 20-03-2023 of the Supdt. of Police, Traffic, North, Panaji-Goa.
Whereas, the District Magistrate, North vide order referred at (1) read above, has ordered for Closure of the Atal Setu Bridge during day & night time to shift heavy machines used for mastic cooking and resurfacing works for vehicular traffic from 17th March, 2023 to 27th March, 2023.
And whereas, the Superintendent of Police, Traffic, Panaji-Goa vide report read at (2) above has informed that the closure of the Atal Setu Bridge has led to unwarranted traffic congestion on Panaji side as well as Porvorim side.
And whereas, it has further reported that, due to the closure of Atal Setu bridge, heavy/multi axel vehicles are forced to use Mandovi Bridge, which has led to traffic congestion on NH 66 at Porvorim and Panaji. The general public and ambulance carrying patients are also found stuck in the traffic congestion for long hours, causing inconvenience to the general public.
And whereas, it has further requested this office to issue order for restriction of movement of Heavy Vehicles and Multi-axel vehicles coming from Sawantwadi side towards Panaji side on NH 66 and from Banastarim side towards Panaji side from 07.00 hrs. to 20.00 hrs. till the completion of repairing work of Atal Setu Bridge. As there is no any holding space along NH 66 from Patradevi to Porvorim, the Heavy Vehicles and Multi-axel vehicle be stopped at Banda (Maharashtra) and the vehicles coming from Banastarim side towards Panaji be diverted at Banastarim Bridge.
Now therefore, in exercise of the powers conferred upon me under Sections 115 & 116 of the Motor Vehicles Act, 1988, I, Mamu Hage, IAS, District OFFICIAL GAZETTE — GOVT. OF GOA SERIES III No. 51 (EXTRAORDINARY) 24TH MARCH, 2023 Magistrate, North Goa do hereby restrict of movement of Heavy Vehicles and Multi-axel vehicles coming from Sawantwadi side towards Panaji side on NH 66 and from Banastarim side towards Panaji side from 07.00 hrs. to 20.00 hrs. As there is no any holding space along NH 66 from Patradevi to Porvorim, the Heavy Vehicles and Multi-axel vehicle shall be stopped at Banda (Maharashtra) and the vehicles coming from Banastarim side towards Panaji shall be diverted at Banastarim Bridge.
The above restrictions shall be in force upto
27-03-2023.
Panaji, 21st March, 2023.— The District
Magistrate (North), Mamu Hage, IAS.
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Order
No. 8/8/2022-MAG/L&O/V.P. Velg. & Ona Maul. kudch./Liquor/786
U/S 144 of Criminal Procedure Code, 1973
Whereas, the Goa State Election Commission has announced the Bye Election to Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona-Maulinguem-Kudchirem of Bicholim Taluka of North Goa District is scheduled to be held on 25-03-2023 and Counting of polled votes fixed on 27-03-2023. The Model Code of Conduct has already come into force with immediate effect. The Goa State Election Commission has issued directions to ensure free, fair and peaceful Election;
And whereas, the Government of Goa vide Notification No. 2/2/2022- Fin(R&C)(A)/3270 dated 16-03-2023 has directed that all the licensed premises "for the sale of liquor" shall be closed on 24-03-2023, 25-03-2023 and 27-03-2023 within the jurisdiction of Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona- Maulinguem-Kudchirem of Bicholim Taluka of North Goa District in view polling and counting of votes;
And whereas, Section 29(A) of Goa Excise Duty Act, 1964 empowers the District Magistrate to order the closure of the licensed premises "for the sale of liquor" within his/her jurisdiction for such period as may be necessary and appropriate for maintenance of law and order.
And whereas in my considered opinion, there is sufficient grounds for proceeding under sub section (1) of section 144 of Code of Criminal Procedure, 1973 for closure of all the licensed premises "for the sale of liquor" within the jurisdiction of Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona-Maulinguem-Kudchirem of Bicholim Taluka of North Goa District on 24-03-2023, 25-03-2023 and 27-03-2023, in view polling and counting of votes;
And whereas, I am satisfied that the circumstances do not permit the serving, in due time, of the notices individually upon the persons against whom this order is directed and therefore, under the powers vested in me under sub section (2) of Section 144 of the Code of Criminal Procedure, 1973 I hereby pass the order ex-parte.
Now therefore, I, Mamu Hage, IAS, District Magistrate, North Goa District, in exercise of the power vested in me under sub section (1) of section 144 of Code of Criminal Procedure, 1973 read with section 29A of the Goa Excise Duty Act, 1964 do hereby order that all the licensed premises "for the sale of liquor" shall remain closed on 24-03-2023, 25-03-2023 and 27-03-2023, in view of polling and counting of votes for Bye Election to Ward No. V of Village Panchayat Velguem and Ward No. VI of Village Panchayat Ona-Maulinguem-Kudchirem of Bicholim Taluka of North Goa District;
Further, the licensed premises having license for Bar and Restaurant are allowed to keep the Restaurant open for serving food only and the Bar counter shall be closed and no liquor shall be allowed to be served on the above mentioned days and time. The owners of the licensed premises having Bar and Restaurant shall display a board in the premises stating that No Liquor will be served on the said days and time and that only the Restaurant is open for serving food.
Failure to comply with this order shall result in the cancellation of licences and the owner or offender shall be liable for penal action under section 188 of Indian Penal Code, section 30 of the Excise Duty Act, 1964 and other relevant provisions of laws in force.
Given under my hand and seal of this office, this
21st day of March, 2023.
Panaji.— The District Magistrate (North), Mamu
Hage, IAS.
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