1019

Panaji, 22nd June, 2023 (Asadha 1, 1945)

SERIES I No. 12

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 three Extraordinary issues to the Official Gazette, Series I No. 11 dated 15-6-2023 namely:—

1. Extraordinary dated 15-6-2023 from pages 1009 to 1010, Notification from Department of Finance, regarding Value

Added Tax.

2. Extraordinary (No. 2) dated 20-6-2023 from pages 1011 to 1016, Notifications from Home, Power and Directorate of

Skill Development & Entrepreneurship.

3. Extraordinary (No. 3) dated 21-06-2023 from pages 1017 to 1018, Notification from Directorate of Transport

regarding the Goa Motor Vehicles (Amendment) Rules, 2023.

INDEX

Department

Notification

Subject

Pages

Law

Not.- 10/7/2023-LA

The Government of National Capital Territory

1019

of Delhi (Amendment) Ordinance, 2023.

Mines & Geology

Not.- 3/96/2023/Major/Mines

Goa District Mineral Foundation (Trust) (Fourth 1028

/957

Amendment) Rules, 2023.

Public Health

Ord.- 21/19/2003-I/PHD/

Revision of fees

1029

/Part 2/840

Tribal Welfare

Not.- GSSTFDCL/171/2018-19/

Amendment of Ashraya Adhar Scheme

1030

/LA/2023-24/1038

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

–––

Notification

10/7/2023-LA

The Government of National Capital

Territory of Delhi (Amendment) Ordinance,

2023 (1 of 2023), which has been Promulgated

by the President in the Seventy-fourth Year

of the Republic of India and published in the

Gazette of India, Extraordinary, Part II,

Section I, dated 19-05-2023, is hereby published

for the general information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 12th June, 2023.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th May, 2023/Vaisakha

29, 1945 (Saka)

The Government of National Capital

Territory of Delhi (Amendment)

Ordinance, 2023

No. 1 of 2023

Promulgated by the President in the

Seventy-fourth Year of the Republic of India.

An Ordinance further to amend the

Government of National Capital Territory of

Delhi Act, 1991.

Whereas Delhi being the Capital of India

had been administered by the President of

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India directly. A sui generis status was,

however, conferred upon Delhi whereby it

was retained as Union Territory but with

legislature.

And Whereas, Article 239AA came to be

introduced into the Constitution of India

providing for various functional-administrative

networked issues balancing the legitimate

participation of the Union Government while

conferring democratic existence of a

legislature and a Council of Ministers having

curtailed powers.

And Whereas, keeping in mind various

reports of various Commissions and since

Delhi is the capital city of the nation, the

Constitution retained certain exclusive and

plenary jurisdiction in the Parliament while

incorporating Article 239 AA in general and

Article 239AA[3][b] read with Article

239AA[7] in particular.

And Whereas, several important National

and international institutions and authorities

like the President, the Parliament, the

Supreme Court, etc. and various constitutional

functionaries, etc., as well as all foreign

diplomatic missions, international agencies,

etc., are located in Delhi. It is also a place to

which high dignitaries from other nations pay

official visits frequently and it is in the national

interest that the highest possible standards

should be maintained in the administration

and governance of the national capital.

And Whereas, any decision taken or any

event in the capital of the nation not only

affects the residents of the national capital

but also the rest of the country and at the

same time has the potential of putting the

national reputation, image, credibility and

prestige at stake in the international global

spectrum.

And Whereas, the national capital belongs

to the entire nation and the entire nation is

vitally interested in the Governance of the

national capital. It is in the larger national

interest that the people of entire country have

some role in the administration of the national

capital through the democratically elected

Central Government.

And Whereas, Delhi as the national capital

has a unique status and certain distinguishing

features. There is a need to promote the

national interests without compromising on

the democratic aspirations of the residents of

Delhi.

And Whereas, Article 1 of the Constitution

declares that India, that is Bharat, shall be a

Union of States and Union territories specified

in the First Schedule;

And Whereas, clause (1) of article 239

empowers the President to administer every

Union territory, to such extent as he thinks

fit, acting through an administrator appointed

by him with such designation as he may

specify.

And Whereas, clause (1) of article 239AA

of the Constitution, interalia, mandates that

the administrator of the Union territory of

Delhi, shall be designated as the Lieutenant

Governor of the National Capital Territory of

Delhi.

And Whereas, in absence of any

Parliamentary legislation dealing with the

subject of services as contained in Entry 41

of List II of the Seventh Schedule in the

National Capital Territory of Delhi (hereinafter

referred to as NCTD) either under Article

239AA[3][b] or under Article 239AA[7] of the

Constitution of India, the Hon’ble Supreme

Court was required to consider a reference

concerning the subject of services in NCTD.

And Whereas, in absence of any specific

Parliamentary legislation dealing with the

subject of services as contained in Entry 41

of List II of the Seventh Schedule specifically

and in detail, the Hon’ble Supreme Court was

pleased to pass judgment dated 11-05-2023

in C.A. No. 2357/2017 in the matter of Govt.

of NCT of Delhi versus Union of India.

And Whereas, in view of its special status

as a national capital, a scheme of administration

has to be formulated by Parliamentary law,

to balance both local and national democratic

interests which are at stake, which would

reflect the aspirations of the people through

joint and collective responsibility or both the

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Government of India and the Government of

National Capital Territory of Delhi (hereinafter

referred to as GNCTD).

And Whereas, with a view to give effect to

the intent and purpose behind the provisions

of Article 239AA, a permanent authority

headed by the democratically elected Chief

Minister of Delhi along with Chief Secretary,

GNCTD the head of the administration

representing the will of the officers of GNCTD

and the Principal Secretary Home, GNCTD is

being introduced to make recommendations

to the Lieutenant Governor regarding matters

concerning transfer posting, vigilance and

other incidental matters. This would

statutorily balance the interest of the nation

with the interest of Union Territory of Delhi

in administration of the capital by giving

purposeful meaning to the manifestation of

democratic will of people reposed both in the

Central Government as well as the GNCTD.

And Whereas, with a view to give effect to

the very intent and purpose behind the

provisions of Article 239AA and retaining the

active, meaningful and effective participation

of the President of India in national interest,

which is also a democratic will of the nation

in the matter of governance of its capital in

the question of posting, transfer and other

allied matters relating to the officers/

/employees employed in the functioning of

the GNCTD and while providing for the

democratic governance of the Council of

Ministers of the GNCTD, provisions are

required to be made.

And Whereas, for the purpose giving effect

to Article 239(1) read with Article 239AA and

in exercise of powers of Article 239(1). Article

239AA[3][b] and Article 239AA[7] of the

Constitution of India, which includes the

power to supplementing the provisions under

Article 239AA including the power to make

suitable amendments thereof, an Ordinance

namely the Government of National Capital

Territory of Delhi (Amendment) Ordinance,

2023 is proposed to provide for a comprehensive

scheme of administration of services deployed

in the functioning of NCTD and other allied

issues thereby balancing the local and

domestic interests of the people staying in

the NCTD with the democratic will of the

entire nation reflected through the President

of India.

And Whereas, Parliament is not in session

and the President is satisfied that circumstances

exist which render it necessary for him to

take immediate action.

Now, Therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

1. Short title and commencement.— (1) This

Ordinance may be called the Government of

National Capital Territory of Delhi (Amendment)

Ordinance, 2023.

(2) It shall come into force at once.

2. Amendment of section 2.— In

the Government of National Capital

Territory of Delhi Act, 1991

(hereinafter referred to as the

principal Act), in section 2, after

clause (e), the following clauses

shall be inserted, namely:—

‘(ea) “Lieutenant Governor” means the

administrator appointed under article 239

of the Constitution for the National Capital

Territory of Delhi and designated as

Lieutenant Governor by the President;

(eb) “Minister” means a member of the

Council of Ministers referred to in clause

(4) of article 239AA of the Constitution, by

whatever name called and includes a

Deputy Minister;’.

3. Insertion new section 3A.— After section

3, the following section shall be inserted,

namely:—

“3A. Additional provisions with regard

to Legislative Assembly.— Notwithstanding

anything contained in any judgement, order

or decree of any Court, the Legislative

Assembly shall have the power to make

laws as per Article 239AA except with

respect to any matter enumerated in Entry

41 of List II of the Seventh Schedule of the

61 of 1991.

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Constitution of India or any matter

connected

therewith

incidental

thereto.”.

4. Amendment of section 41.— In section

41 of the principal Act,-

(A) in the marginal heading for the words

“act in his discretion”, the words “act in

his sole discretion” shall be substituted;

(B) in sub-section (1),—

(a) in the opening paragraph, for the

words “act in his discretion”, the words

“act in his sole discretion” shall be

substituted;

(b) in clause (ii), the word “; or” shall

be inserted at the end;

clause shall be inserted, namely:—

“(iii) in discharge of his functions

under Part IV-A of this Act.”.

a matter as respects”, the words “not a

matter in respect of” shall be substituted;

5. Insertion of new Part IV-A.— After Part

IV, the following Part shall be inserted,

namely:—

‘PART IV-A

Provisions relating to the maintenance of

the Democratic and Administrative Balance

in the Governance of National Capital

Territory of Delhi

45A. Definition.— In this part, unless the

context otherwise requires—

(a) “All India Services” means

any service created under the all

India Services Act, 1951, except

the Indian Police Service;

(b) “Authority” means the National

Capital Civil Service Authority constituted

under sub-section (1) of section 45E;

of the Authority appointed under sub-

section (2) of section 45D;

(d) “Chief Secretary” means the Chief

Secretary of the Government of National

Capital Territory of Delhi appointed by the

Central Government;

(e) “Council” means the Council of

Ministers referred to in clause (4) of Article

239AA of the Constitution;

(f) “DANICS” means the Delhi, Andaman

and Nicobar, Lakshadweep, Daman and Diu

and Dadra and Nagar Haveli (Civil)

Services;

(g) “Delhi Subordinate Services Selection

Board” means the Delhi Subordinate

Services Selection Board constituted by the

Government of National Capital Territory

of Delhi through its Resolution of. F-3(7)193-S.

III, dated 4th October, 1996 read with

Resolution F. 3(24)/DSSSB/2008-S.III/1764,

dated 12th May, 2008;

(h) “Department” means a Department

or office specified in the Schedule to the

Business of Delhi (Allocation) Rules, 1993;

(i) “Group ‘A’ officers” means the officers

serving in the affairs of Government of

National Capital Territory of Delhi—

(a) belonging to All India Services,

except the officers of the Indian Police

Service;

(b) who are classified as Group ‘A’

officers, under rule 4 of the Central Civil

Services (Classification, Control and

Appeal) Rules, 1965,

but shall not include the officers who are

serving in connection with any subject

matter, whether fully or in part connected

with Entries 1, 2 and 18 of List II of the

Seventh Schedule to the Constitution, and

Entries 64, 65 and 66 of List II of the Seventh

Schedule to the Constitution insofar as they

relate to the Entries 1, 2 and 18, or any other

subject matter which is connected therewith

or incidental thereto;

(j) “Group ‘B’ officials” means the Group

‘B’ officials, as classified under rule 4 of the

Central Civil Services (Classification,

Control and Appeal) Rules, 1965, but shall

61 of 1951.

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not include the officials who are serving in

connection with any subject matter,

whether fully or in part connected with

Entries 1, 2 and 18 of List II-State List of

the Seventh Schedule to the Constitution,

and Entries 64, 65 and 66 of List II-State

List of the Seventh Schedule to the

Constitution in so far as they relate to the

Entries 1, 2 and 18, or any other subject

matter which is connected therewith or

incidental thereto;

(k) “Group ‘C’ officials” means Group ‘C’

officials as such classified under rule 4 of

the Central Civil Services (Classification,

Control and Appeal) Rules, 1965, but shall

not include the officials who are serving in

connection with any subject matter,

whether fully or in part connected with

Entries 1, 2 and 18 of List II—State List of

the Seventh Schedule to the Constitution,

and Entries 64, 65 and 66 of List II—State

List of the Seventh Schedule to the

Constitution insofar as they relate to the

Entries 1, 2 and 18, or any other subject

matter which is connected therewith or

incidental thereto;

(l) “National Capital Territory of Delhi”

means the Union Territory of Delhi as

defined in clause (1) of article 239AA of

the Constitution;

(m) “Member” means a member of the

Authority and includes the Chairperson;

(n) “Principal Home Secretary” means

the Principal Home Secretary of the

Government of National Capital Territory

of Delhi appointed by the Central

Government;

(o) “Secretary” means a Secretary of the

Department to the Government of National

Capital Territory of Delhi.

45B. Public Service Commissions for

National Capital Territory of Delhi.— (1) The

following shall be the Public Service

Commissions for National Capital Territory of

Delhi, namely:—

(i) The Union Public Service Commission

for appointment to the posts in Group ‘A’

and Group ‘B’ gazetted posts; and

(ii) The Delhi Subordinate Services

Selection Board for appointment to the

Group ‘B’ non-gazetted and Group ‘C’

non-Gazetted posts.

45C. Power of Central Government to make

rules under this Part.— The Central

Government may make rules to provide for

anyone or more of the following matters, in

connection with the affairs of the Government

of National Capital Territory of Delhi under

this Part, namely:—

(a) the tenure of office, salaries and

allowances, provident funds, pensions,

gratuities, leave of absence and other

conditions of service of officers and other

employees appointed or posted;

(b) the powers, duties and functions of

officers and other employees appointed or

posted;

appointment to the posts and the manner

of selection for the appointments:

(d) transfer or posting of the officers and

other employees posted;

(e) the procedure to be followed in

imposing any penalty, suspension pending

departmental

inquiries

before

the

imposition of such penalty and the authority

by whom such suspension or penalty may

be ordered; and the officer or authority to

whom an appeal or revision shall lie;

(f) any other matter which is incidental

to or necessary for the purpose of

regulating the appointment and conditions

of service of persons appointed to services

and posts; and

(g) any other matter for which, in the

opinion of the Central Government,

provisions to be made by rules.

45D. Constitution of authorities, boards,

commissions

statutory

bodies.—

Notwithstanding anything contained in any

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other law for the time being in force, any

authority, board, commission or any statutory

body, by whatever name it may be called, or

any office bearer or member thereof,

constituted or appointed by or under any law

for the time being in force, in and for the

National Capital Territory of Delhi, shall be

constituted or appointed or nominated by the

President.

45E. Constitution of National Capital Civil

Service Authority.— (1) There shall be an

Authority to be known as the National Capital

Civil Service Authority to exercise the powers

conferred on, and discharge the functions

assigned to it under this Part.

(2) The Authority, referred to in sub-section

(1), shall consist of the following members,

namely:—

(a) the Chief Minister of Government of

National Capital Territory of Delhi, who shall

be the Chairperson of the Authority,

ex officio;

(b) the Chief Secretary of Government of

National Capital Territory of Delhi, Member,

ex officio,

Government of National Capital Territory

of Delhi, who shall be the Member

Secretary to the Authority, ex officio.

(3) All matters required to be decided by

the Authority shall be decided by majority of

votes of the members present and voting.

(4) All recommendations of the Authority

shall be authenticated by the Member

Secretary.

(5) The head office of the Authority shall

be at Delhi.

45F. Meeting of National Capital Civil

Service Authority.— (1) The National Capital

Civil Service Authority shall meet at such time

and place as the Member Secretary may

decide with approval of the Chairperson of

the Authority, as and when so required.

(2) The Chairperson of the Authority shall

preside over the meetings of the Authority.

(3) The quorum for the meeting of the

Authority shall be of two members.

45G. Appiontment of officer and other staff

of National Capital Civil Service Authority.—

(1) The Central Government, in consultation

with the Authority, shall determine the nature

and the categories of officers and other

employees required to assist the authority in

the discharge of its functions and provide the

authority with such officers and employees,

as it may deem fit.

(2) The officers and other employees of the

Authority shall discharge their duties and

functions under the general superintendence

and control of the Authority.

(3) The salaries, allowances and conditions

of service of the officers and other employees

appointed under sub-section (1) shall be

by rules made by the Central Government.

45H. Powers and functions of National

Capital Civil Service Authority.— (1)

Notwithstanding anything contained in any

law for the time being in force. The National

Capital Civil Service Authority shall have

the responsibility to recommend the transfers

and postings of all the Group ‘A’ officers

and officers of DANICS serving in the affairs

of the Government of National Capital

Territory of Delhi but not officers serving

in connection with any subject matter, either

fully or in part, connected with Entries

1, 2, and 18 of List II- State List of the Seventh

Schedule to the Constitution, and Entries

64, 65 and 66 of List II- State List of the

Seventh Schedule to the Constitution in so

far as they relate to the entries 1, 2 and 18,

or any other subject matter which is

connected therewith or incidental thereto, to

the Lieutenant Governor:

Provided that Authority may, if it deems

appropriate, by way of a recommendation,

delegate the responsibility to any other

authority or department of the Government

of National Capital Territory of Delhi.

(2) The National Capital Civil Service

Authority shall have the responsibility to

recommend for all matters connected

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with and falling under the subject of vigilance

and non-vigilance matters for the purpose

of disciplinary proceedings and prosecution

sanctions against all the Group ‘A’ officers,

including the officers of the All India Services

and DANICS, serving in the affairs of

the Government of National Capital Territory

of Delhi but not officers serving in connection

with any subject matter, either fully or

in part, connected with Entries 1, 2, and 18

of List II-State List of the Seventh Schedule to

the Constitution, and Entries 64, 65 and 66

of list II-State List of the Seventh Schedule

to the Constitution in so far as they relate

to the entries 1, 2, and 18, or any other subject

matter which is connected therewith

or incidental thereto, to the lieutenant

Governor:

Provided that the Authority may, if it deems

appropriate, by way of a recommendation,

delegate the responsibility in respect to such

officers serving in the affairs of the

Government of National Capital Territory of

Delhi to an officer of All India Services.

(3) The Lieutenant Governor, after the

receipt of such recommendation under sub-

section (1) or sub-section (2) of this section,

may pass appropriate orders giving effect to

the recommendation made:

Provided that the Lieutenant Governor,

before passing appropriate orders on such

recommendation, may ask for any relevant

material regarding the Group ‘A’ officers,

including the officers of the All India Services

and DANICS, serving in the affairs of the

Government of National Capital Territory of

Delhi;

Provided further that in case the Lieutenant

Governor differs with the recommendation

made, whether based upon the material so

called for or otherwise, the Lieutenant

Governor may, for reasons to be recorded in

writing, return the recommendation to the

Authority for reconsideration by the

Authority;

Provided also that in case of difference of

opinion, the decision of the Lieutenant

Governor shall be final.

(4) Without prejudice to generality of the

provisions contained in sub-section (1), the

National Capital Civil Service Authority

shall—

(a) make recommendations for-

(i) stability of tenure of posting of

officers and other employees;

(ii) rotational transfers and postings

from sensitive to non-sensitive posts and

vice-versa;

(iii) determining suitability of officer

for posting as Head of the Department;

(iv) transfers and postings of all officers

and other employees serving in the

affairs of the Government of National

Capital Territory of Delhi;

(b) make policy insofaras it relates to—

(i) the capacity building of the officers

and other employees serving in the

affairs of the Government of National

Capital Territory of Delhi:

(ii) ensuring effectiveness in public

services delivery in the Government or

National Capital Territory of Delhi;

(iii) ensuring good governance and

e-governance in public administration in

the Government of National Capital

Territory of Delhi;

(iv) ensuring greater transparency in

the administration of the Government of

National Capital Territory of Delhi;

(v) ensuring the presence of a citizen

centric administration in the Government

of National Capital Territory of Delhi; and

(vi) any other matter connected

therewith or incidental thereto.

45I. Annual report.— (1) The Authority

shall furnish to the Central Government and

the Government of the National Capital

Territory of Delhi an annual report containing

such details of the steps taken, proposals

made and other measures undertaken by it

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in pursuance of its functions, in such form

and manner as may be prescribed.

(2) The Central Government shall cause the

annual report furnished under sub-section (1)

to be laid, as soon as may be after it is

received, before each House of Parliament

while it is in session for a total period of thirty

days which may be comprised in one session

or in two or more successive sessions.

(3) The Government of National Capital

Territory of Delhi shall cause the annual

report furnished under sub-section (1) to be

laid, as soon as may be after it is received,

before the Legislative Assembly of National

Capital Territory of Delhi within a total period

of thirty days while it is in session, or in its

forthcoming session.

45J. Disposal of matters by Minister.— (1)

The Minister in-charge may, by means of

standing orders, give such directions as

deems thinks fit for the disposal of proposals

or matters in his Department:

Provided that no such standing order shall

be issued in contravention of the provisions

of the Constitution or any other law for the

time being in force including the provisions

of this Act or Rules made thereunder or the

statutory powers conferred under any law

upon the officials, and financial powers

delegated under the Delegation of the

Financial Powers Rules, 1978.

(2) The Minister, in consultation with the

Secretary concerned, may issue standing

orders, concerning the matters or classes of

matters which are to be brought to the

personal notice of the Minister:

Provided that no such standing order shall

be issued in contravention of the provisions

of the Constitution or any other law for the

time being in force including the provisions

of this Act or Rules made thereunder or the

statutory powers conferred under any law

upon the officials, and financial powers

delegated under the Delegation of the

Financial Powers Rules, 1978.

(3) The copies of directions and standing

orders shall be forwarded to the Lieutenant

Governor and the Chief Minister.

(4) Notwithstanding anything contained in

sub-sections (1) and (2), in addition to the

proposals or matters required to be placed

before the Lieutenant Governor under any

law for the time being in force, the following

proposals or matters shall be submitted to

the Lieutenant Governor and the Chief

Minister through the Chief Secretary for their

opinion, before issuing any orders thereon,

namely:—

(i) matters which affect or are likely to

affect the peace and tranquility of the

National Capital Territory of Delhi;

(ii) matters which affect or are likely to

affect the interest of any particular

community, the Scheduled Castes, the

Scheduled Tribes and the socially and

educationally backward classes or any

other class of persons;

(iii) matters which affect the relations of

the Government of National Capital

Territory of Delhi with the Central

Government, or any State Government, the

Supreme Court of India or the High Court

of Delhi and such other authorities as may

be determined;

(iv) proposals or matters required to be

referred to the Central Government under

this Act;

(v) matters pertaining to the Secretariat

of the Lieutenant Governor and personnel

establishment and other matters relating

to his office;

(vi) matters on which Lieutenant

Governor is required to make an order

under any law or instrument in force in his

sole discretion;

(vii) matters specified under general or

special order issued by the Lieutenant

Governor under proviso to sub-section (2)

of section 44;

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(viii) petitions for mercy from persons

under sentence for death and other

important cases in which it is proposed to

recommend any revision of a judicial

sentence;

(ix) matters relating to summoning,

prorogation and dissolution of the

Legislative

Assembly,

removal

disqualification of voters at elections to the

Legislative Assembly, Local Self Government

Institutions and other matters connected

therewith; and

(x) any other matter of administrative

importance which the President of India

or the Chief Minister may consider

necessary.

45K. Duties of Secretaries.— (1) The

Secretary of the Department concerned shall

be responsible for preparing and authenticating

every memorandum including the Cabinet

Notes, for consideration or the Council of

Ministers and for obtaining approval of the

Minister in-charge and the Chief Minister.

(2) In case of proposals involving more

than one Department, the views of all

concerned Secretaries and the Ministers of

all Departments consulted on the proposal

shall be clearly and separately reflected in

writing and signed by the Minister and the

Secretary in the memorandum so as to ensure

that in case of disagreement, the Council of

Ministers shall take a decision.

(3) In case the Secretary to the Council of

Ministers is of the opinion that the proposal

considered and decided by the Council of

Ministers is not in accordance with the

provisions of the law for the time being in

force or any rules of procedure made under

section 44, it shall be the duty of the Secretary

to the Council of Ministers to bring it to the

notice of Lieutenant Governor for taking a

decision thereon.

(4) Any matter which is likely to bring the

Government of the National Capital Territory

of Delhi into controversy with the Central

Government or with any State Government,

the Supreme Court of India or the High Court

of Delhi and such other Authorities as may

be prescribed, the Secretary to the

Department concerned shall, as soon as

possible, bring it to the notice of the

Lieutenant Governor, Chief Minister and the

Chief Secretary in writing.

(5) The Chief Secretary and the Secretary

to the Department concerned shall be

responsible for compliance with the

provisions of this Act and the rules framed

under section 44, and when either of them

considers that there has been any material

departure from the same, instead of giving

effect to such departure, he or they shall

personally bring it to the notice of the

Minister-in-charge, Chief Minister and the

Lieutenant Governor immediately in writing.

45L. Power to make rules.— (1) The Central

Government may, by notification published

in the Official Gazette, make rules for carrying

out the provisions of this Part.

(2) Every rule made by the Central

Government under this Ordinance shall be

laid, as soon as may be after it is made, before

each House of Parliament while it is in session

for a total period of thirty days which may be

comprised in one session or in two or more

successive sessions, and if, before the expiry

of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the rules or both Houses agree that the rules

should not be made, the rules shall thereafter

have effect only in such modified form or be

of no effect, as the case may be; so, however,

that any such modification or annulment shall

be without prejudice to the validity of

anything previously done under that rule.

45M. Power to remove difficulties.— (1) If

any difficulty arises in giving effect to the

provisions of this Part, the President may, by

order, published in the Official Gazette, make

such provisions not inconsistent with the

provisions of this Part as may appear to him

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 12

22ND JUNE, 2023

1028

to be necessary or expedient for the purposes

of removing the difficulty:

Provided that no order shall be made under

this section after the expiry of two years from

the commencement of this Act.

(2) Every order made under this section

shall be laid, as soon as may be after it is

made, before each House of Parliament.’.

DROUPADI MURMU

President.

Dr. REETA VASISHTA

Secretary to the

Government of India.

———ttt———

Department of Mines & Geology

Directorate of Mines & Geology

–––

Notification

03/96/2023/Major/Mines/957

In exercise of the powers conferred by

section 15 read with sub-section (2) and (3)

of section 9B of the Mines and Minerals

(Development and Regulation) Act, 1957

(Central Act 67 of 1957) and all other powers

enabling it in this behalf, the Government of

Goa hereby makes the following rules so as

to further amend the Goa District Mineral

Foundation (Trust) Rules, 2018, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa District

Mineral

Foundation

(Trust)

(Fourth

Amendment) Rules, 2023.

They shall come into force on the date of

their publication in the Official Gazette.

2. Amendment of rule 4.— In the Goa

District Mineral Foundation (Trust) Rules,

2018 (hereinafter referred to as the “Principal

Rules”) in place of Rule 4 for clause (d) the

following clause shall be substituted,

namely:—

(d) The Governing Council shall consist

of the following members, namely:—

Sr.

Name/Designation Designation in the

No.

Governing Council

1. Collector/District Magis-

Chairperson/

-trate

Trustee.

2. Members of Parliament,

Members/Trustees.

Lok Sabha of the respective

Districts of the State of Goa

3. Members of Parliament,

Members/Trustees.

Rajya Sabha of the State of

Goa (The Rajya Sabha MP

shall intimate name of the

district selected by him/her

to the Secretary in charge

of Mining Department of the

State who in turn shall

inform the concerned District

Magistrate/District Collector)

4. Members of the Legislative Members/Trustees

Assembly of Goa from the

mining affected areas in the

State of Goa.

5. The Deputy Director, Directo-

Member

-rate of Mines and Geology

Secretary/Trustee

6. The Executive/Assistant

Ex Officio

Engineer, Public Works

Member/Trustee

Department

7. The Deputy Director,

Ex Officio

Directorate of Health

Member/Trustee

Services

8. The Deputy Director, Direc-

Ex Officio

-torate of Education or any

Member/Trustee

Officer not below the rank

of Assistant Director/Deputy

Director nominated by the

Directorate

9. The Deputy Director, Direc-

Ex Officio

-torate of Social Welfare or

Member/Trustee

any Officer not below the

rank of Assistant Director/

/Deputy Director nominated

by the Directorate

10. The Deputy Director, Direc-

Ex Officio

-torate of Women and Child

Member/Trustee

Development or any Officer

not below the rank of Assis-

-tant Director/Deputy Direc-

-tor nominated by the

Directorate

OFFICIAL GAZETTE — GOVT. OF GOA

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22ND JUNE, 2023

1029

11. The Deputy Director, Direc- Ex Officio

-torate of Agriculture

Member/Trustee

12. The Executive/Assistant

Ex Officio

Engineer, Water Resources

Member/Trustee

Department

13. The Executive/Assistant

Ex Officio

Engineer, Department of

Member/Trustee

Electricity

14. The Representative of

Ex Officio

Finance Department

Member/Trustee

(Budget), not below the rank

of Under Secretary

15. The Director/Deputy

Ex Officio

Director, Directorate of

Member/Trustee

Panchayats

16. Representative of the

Members/Trustees

Centre for Environment

Education

17. Two Representatives of

Members/Trustees

the mineral lease holders/

/industry representative/Goa

Mineral Ore Exporters Asso-

-ciation as nominated by

the Government

18. Any other Official/person

Member/Trustee

as nominated by the

Government

19. Member Secretary Goa State

Ex Officio

Pollution Control Board

Member/Trustee

20. Two Representatives of

Members/Trustees

the persons from the areas

affected by mining related

operations as nominated by

the Government

3. Substitution of rule 14.— In the principal

rules, for rule 14, the following rule shall be

substituted, namely:—

“14. Utilisation of fund by District

Mineral foundation Trust:— The entire

amount collected under sub-sections (5)

and (6) of section 9B of the Act including

the interest generated thereon shall be

utilized exclusively for carrying out the

works activities as specified in rule 13, and

such utilization shall be in accordance with

the Pradhan Mantri Khanij Kshetra Kalyan

Yojana (PMKKKY):

Provided that an amount not exceeding

5% of the total annual receipts of such

amount or such upper limit fixed by the

Government,

may

utilized

for

administrative, supervisory and overhead

costs of the District Mineral Foundation.”

By order and in the name of the

Governor of Goa.

Dr. S. Shanbhogue, Director & ex officio

Joint Secretary.

Panaji, 16th June, 2023.

———ttt———

Department of Public Health

–––

Order

21/19/2003-I/PHD/Part 2/840

Sanction of the Government is hereby conveyed

for the revision of the fees to be charged from

the Private Institutions for taking Clinical

Training/Experience by their Students in

Government Hospitals and Community/

/Urban/Primary Health Centres as per the fee

structure as below with immediate effect:

1) Rs. 600/- per month/per person for

Degree Candidates.

2) Rs. 400/- per month/per person for

Diploma candidates.

3) Rs. 300/- for Certificate Courses/and

other short term courses per month/

/per person.

The fees shall be collected at the beginning

of each academic year in advance from

Institutes/Colleges. The fees will be applicable

during the months of training only. Part of

any training month will be treated as full

month for the purpose of the levy of fees.

By order and in the name of the

Governor of Goa.

Gautami Parmekar, Under Secretary

(Health).

Porvorim, 8th June, 2023.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 12

22ND JUNE, 2023

1030

Department of Tribal Welfare

Directorate of Tribal Welfare

–––

Notification

GSSTFDCL/171/2018-19/LA/2023-24/1038

No. DTW/ADMN/GSSTFDCL/171/2018-

19/LA/6911 dated 20-12-2018.

No. GSSTFDCL/171/2018-19/LA/2022-

23/4780 dated 05-01-2023.

Read: “Ashraya Adhar Scheme” of Goa

State Scheduled Tribes Finance and

Development Corporation Limited,

Panaji.

Whereas, the Government has notified a

scheme “Ashraya Adhar Scheme” of Goa

State Scheduled Tribes Finance and

Development Corporation Ltd, Panaji vide

Notification No. DTW/ADMN GSSTFDCL/171/

/2018-19/LA/6911 notified in Official Gazette,

Series I No. 39 dated 27th December,

2018 and also notified the amendment to

clause 5.E.(g) of the scheme “Ashraya

Adhar Scheme” of Goa State Scheduled Tribes

Finance and Development Corporation Ltd,

Panaji vide notification No. GSSTFDCL/171/

/2018-19/LA/2022-23/4780 notified in Official

Gazette, Series I No. 41 dated 12th January

2023.

And whereas, Government desires to

amend clause 5.E.(g) of the scheme “Ashraya

Adhar Scheme” of Goa State Scheduled Tribes

Finance and Development Corporation Ltd,

Panaji.

Now therefore, the clause 5.E.(g) of the

scheme “Ashraya Adhar Scheme” of Goa

State Scheduled Tribes Finance and

Development Corporation Ltd., Panaji is

amended to read as under:

Clause: 5.E.(g) 02(Two) sureties with

one passport size photo of each surety,

latest salary certificate or last three

(03) months payslips along with last (06)

months bank statement or Form 16,

affidavit of surety on Rs. 100/- Stamp Paper

duly notarized 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. 1225/F dated

15-05-2023.

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.

Dasharath M. Redkar, Director of Tribal

Welfare.

Panaji, 13th June, 2023.

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