GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the District Magistrate,

North Goa, Magisterial Branch

–––

Order

U/S 144 of the Code of Criminal Procedure of 1973

No. 40/08/2023-MAG/Bye-Election/Parcem VP/1713

Whereas, the Goa State Election Commission

Altinho, Panaji-Goa, has announced the Bye-Election

of Ward VII of Parcem Village Panchayat of Pernem

Taluka and the Model Code of Conduct has come

into force on announcement of the said schedule.

The Goa State Election Commission, has directed to

ensure free, fair and peaceful conduct of Bye-Election

of Ward VII of Parcem Village Panchayat of Pernem

Taluka in the North Goa District;

And whereas, in my considered opinion there is

sufficient ground for proceeding under sub-section

(1) of section 144 of Criminal Procedure Code, 1973,

to impose complete ban for carrying of all types of

arms and fire arms and lethal weapons within the

areas under the jurisdiction of Village Panchayat

Parcem, Pernem-Goa, to ensure a free, fair, peaceful

and orderly conduct of the Bye-Election process and

to prevent any sort of obstructions, annoyance or

injury to any person lawfully employed or for conduct

of bye-election to prevent any danger to human life,

or safety, or disturbance of public tranquility or riot,

of any affray during the electioneering period.

And whereas, I am satisfied that the

circumstances do not permit serving of the notices

individually in time to all the licensed Arms Holders

in the jurisdiction of Village Panchayat Parcem,

Pernem Taluka.

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

SERIES III No. 12

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

361

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

EXTRAORDINARY

Now therefore, in exercise of the powers vested

in me under section 144 of Cr. P. C. 1973, I, Mamu

Hage, IAS, District Magistrate, North Goa District,

Panaji, do hereby prohibit the carrying of all types

of arms, fire arms, ammunition, lethal weapons, in

any public place, street, road squares, thorough

fare, by lanes or in any open place in entire

jurisdiction of Village Panchayat Parcem, Pernem,

Goa with immediate effect until further orders;

Further, all the Arms license holders in

jurisdiction of Village Panchayat Parcem, Pernem,

North Goa District are directed to deposit all their

fire arms at the nearest Police Stations of their

respective jurisdiction immediately, on or before

27-06-2023. All the firearms deposited will be

returned to the license holders after five days from

counting i.e. after the election process is over;

Further, it is also made known that, if any person

has a real threat to his or her person/property,

he/she should approach the Director General of

Police for providing necessary security by the

Police, but under no circumstances will any person

be allowed to carry his own personal firearm/s

license or otherwise except with special

permission from the undersigned.

However, the above restrictions shall not apply

to Public Servants/Police/Defence Personnel and

Security Personnel on duty/Sports persons who are

members of National Rifle Association of India,

unless they are found to be indulging in violence

or posing a threat to the maintenance of law and

order and peaceful conduct of elections.

Given under my hand and seal of this office on

this 21st day of June, 2023.

Panaji.— The District Magistrate & DEO (North),

Mamu Hage, IAS.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 12

(EXTRAORDINARY)

22ND JUNE, 2023

362

Order

U/S 144 of the Code of Criminal Procedure of 1973

No. 40/08/2023-MAG/Bye-Election/Parcem VP/1714

Whereas, the Goa State Election Commission

Altinho, Panaji-Goa, has announced the Bye-

Election to Ward No. VII of Parcem Village

Panchayat in Pernem Taluka in North Goa District

scheduled to be held on 02-07-2023 and the Election

Model Code of Conduct has already come into force

with immediate effect for Bye-Elections.

And whereas, to prevent undue influence of

voters through distribution of liquor and to ensure

free, fair, peaceful and orderly conduct of the

election process, it is felt appropriate that the

timings for closure of all liquor bars/shops, pubs,

provision stores etc., needs to be curtailed;

And whereas, section 29(A) of the Goa Excise

Duty Act, 1964 and Rules there under empowers

the District Magistrate to order the closure of liquor

bars, restaurants serving liquor, liquor shops, pubs,

provision stores etc., at such times and for such

period as may necessary and appropriate for

preservation of public peace and tranquility.

And whereas, in my considered opinion, there is

sufficient ground for proceeding under sub-section

(1) of section 144 of Code of Criminal Procedure,

1973 for closure of all bars and all shops, pubs,

provision stores, restaurants where liquors are being

served or sold in the jurisdiction of Village

Panchayat Parcem, Pernem Taluka.

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 in exercise of the powers vested

in me under section 144 of Code of Criminal

Procedure, 1973 read with section 29A of the Goa

Excise Act, 1964, I, Mamu Hage, IAS, District

Magistrate, North Goa District, do hereby order that

serving or selling of liquor in all the liquor bars,

pubs, shops, clubs, shacks, or any establishment in

the jurisdiction of Parcem Village Panchayat in

Pernem Taluka, North Goa District shall be closed

everyday by 10:00 p.m., with immediate effect till

the election Model Code of Conduct is in force.

However, this order shall not apply to those

establishments, provision stores etc., which are

required by law to be closed before 10:00 p.m.

Only the sale and service of liquor in all liquor

bars, shops, pubs, shacks, clubs, provision stores or

any establishment in the jurisdiction of Parcem

Village Panchayat in Pernem Taluka, North Goa

District shall be stopped every day by 10:00 p.m. till

election Model Code of Conduct is in force. Such

establishments can remain open and continue to

operate without the sale and service of liquor

beyond 10:00 p.m. Any violations of the above

directions may be reported to the office of the

District Election Officer, Panaji.

If any liquor shop/bar, pub or any establishment

is found serving liquor beyond the aforesaid

timings, during the said period, it shall result in

cancellation of licenses and the owner or offender

shall be liable for penal action under section 188 of

Indian Penal Code, 1908, section 30 of the Excise

Duty Act, 1964 and other relevant provisions of laws

in force.

The Flying Squads, officials of the Excise

Department, Sector Magistrate, Police or any other

authorized officers/officials shall act immediately in

case any violation comes to their notice or reported

to them and should forthwith report such cases to

the Commissioner of Excise and/or the Returning

Officer concerned.

Given under my hand and seal of this office on

this 21st day of June, 2023.

Panaji.— The District Magistrate & DEO (North),

Mamu Hage, IAS.

_________

Order

U/S 144 of the Code of Criminal Procedure of 1973

No. 40/08/2023-MAG/Bye-Election/St. Estevam

VP/1715

Whereas, the Goa State Election Commission,

Altinho, Panaji-Goa, has announced the Bye-

Election of Ward V of St. Estevam Village Panchayat,

Tiswadi Taluka and the Model Code of Conduct has

come into force on announcement of the said

schedule. The State Election Commission, has

directed to ensure free, fair and peaceful conduct of

Bye-Election of Ward V of St. Estevam Village

Panchayat of Tiswadi Taluka in the North Goa

District;

And whereas, in my considered opinion there is

sufficient ground for proceeding under sub-section

(1) of section 144 of Criminal Procedure Code, 1973,

to impose complete ban for carrying of all types of

arms and fire arms and lethal weapons within the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 12

(EXTRAORDINARY)

22ND JUNE, 2023

363

areas under the jurisdiction of Village Panchayat

St. Estevam, Tiswadi-Goa, to ensure a free, fair,

peaceful and orderly conduct of the Bye-Election

process and to prevent any sort of obstructions,

annoyance or injury to any person lawfully employed

or for conduct of bye-election to prevent any danger

to human life or safety or disturbance of public

tranquility or riot, of any affray during the

electioneering period.

And whereas, I am satisfied that the

circumstances do not permit serving of the notices

individually in time to all the licensed Arms Holders

in the jurisdiction of Village Panchayat St. Estevam,

Tiswadi-Goa.

Now therefore in exercise of the powers vested in

me under section 144 of Cr. P.C. 1973, I, Mamu Hage,

IAS, District Magistrate, North Goa District, Panaji,

do hereby prohibit the carrying of all types of arms,

fire arms, ammunition, lethal weapons, in any public

place, street, road squares, thorough fare, by lanes,

or in any open place in entire jurisdiction of Village

Panchayat St. Estevam, Tiswadi-Goa with immediate

effect until further orders;

Further, all the Arms license holders in

jurisdiction of Village Panchayat St. Estevam,

Tiswadi, North Goa District are dircted to deposit all

their fire arms at the nearest Police Stations of their

respective jurisdiction immediately, on or before

27-06-2023. All the firearms deposited will be

returned to the license holders after five days from

counting i.e. after the election process is over;

Further, it is also made known that, if any person

has a real threat to his or her person/property,

he/she should approach the Director General of

Police for providing necessary security by the Police,

but under no circumstances will any person be

allowed to carry his own personal firearm/s license

or otherwise except with special permission from

the undersigned.

However, the above restrictions shall not apply to

Public Servants/Police/Defence Personnel and

Security Personnel on duty/Sports persons who are

members of National Rifle Association of India,

unless they are found to be indulging in violence or

posing a threat to the maintenance of law and order

and peaceful conduct of elections.

Given under my hand and seal of this office on

this 21st day of June, 2023.

Panaji.— The District Magistrate & DEO (North),

Mamu Hage, IAS.

Order

U/S 144 of the Code of Criminal Procedure of 1973

No. 40/08/2023-MAG/Bye-Election/St. Estevam

VP/1716

Whereas, the Goa State Election Commission,

Altinho, Panaji-Goa has announced the Bye-Election

to Ward No. V of St. Estevam Village Panchayat in

Tiswadi Taluka in North Goa District scheduled to

be held on 02-07-2023 and the Election Model Code

of Conduct has already come into force with

immediate effect for Bye-Elections.

And whereas, to prevent undue influence of

voters through distribution of liquor and to ensure

free, fair, peaceful and orderly conduct of the

election process, it is felt appropriate that the

timings for closure of all liquor bars/shops, pubs,

provision stores etc., needs to be curtailed.

And whereas, section 29(A) of the Goa Excise

Duty Act, 1964 and Rules there under empowers

the District Magistrate to order the closure of liquor

bars, restaurants serving liquor, liquor shops, pubs,

provision stores etc., at such times and for such

period as may necessary and appropriate for

preservation of public peace and tranquility.

And whereas, in my considered opinion, there is

sufficient ground for proceeding under sub-section

(1) of section 144 of Code of Criminal Procedure,

1973 for closure of all bars and all shops, pubs,

provision stores, restaurants where liquors are being

served or sold in the jurisdiction of Village

Panchayat, St. Estevam, Tiswadi Taluka.

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, in exercise of the powers vested

in me under section 144 of Code of Criminal

Procedure, 1973 read with section 29A of the Goa

Excise Act, 1964, I, Mamu Hage, IAS, District

Magistrate, North Goa District, do hereby order that

serving or selling of liquor in all the liquor bars,

pubs, shops, clubs, shacks or any establishment in

the jurisdiction of St. Estevam Village Panchayat in

Tiswadi Taluka shall be closed everyday by 10:00 p.m.,

with immediate effect till the election Model Code

of Conduct is in force. However, this order shall not

apply to those establishments, provision stores etc.,

which are required by law to be closed before

10:00 p.m.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 12

(EXTRAORDINARY)

22ND JUNE, 2023

364

Only the sale and service of liquor in all liquor

bars, shops, pubs, shacks, clubs, provision stores or

any establishment in the jurisdiction of St. Estevam

Village Panchayat in Tiswadi Taluka, North Goa

District shall be stopped every day by 10:00 p.m. till

election Model Code of Conduct is in force. Such

establishments can remain open and continue to

operate without the sale and service of liquor

beyond 10:00 p.m. Any violations of the above

directions may be reported to the office of the

District Election Officer, Panaji.

If any liquor shop/bar, pub or any establishment

is found serving liquor beyond the aforesaid

timings, during the said period, it shall result in

cancellation of licenses and the owner or offender

shall be liable for penal action under section 188 of

Indian Penal Code, 1908, section 30 of the Excise

Duty Act, 1964 and other relevant provisions of laws

in force.

The Flying Squads, officials of the Excise

Department, Sector Magistrate, Police or any other

authorized officers/officials shall act immediately in

case any violation comes to their notice or reported

to them and should forthwith report such cases to

the Commissioner of Excise and/or the Returning

Officer concerned.

Given under my hand and seal of this office on

this 21st day of June, 2023.

Panaji.— The District Magistrate & DEO (North),

Mamu Hage, IAS.

______________________________

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

Price–Rs. 4.00

PRINTED AT GOVERNMENT PRINTING PRESS, PANAJI-GOA—109/160—6/2023.