Panaji, 20th July, 2023 (Asadha 29, 1945)
SERIES I No. 16
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. 15 dated 13-07-2023, namely:—
1. Extraordinary dated 14-07-2023 from pages 1579 to 1580, Notification from Department of Finance, regarding
Market Borrowing Programme of State Government.
2. Extraordinary (No. 2) dated 18-07-2023 from pages 1581 to 1584, Notification from Department of Civil Supplies
and Consumer Affairs regarding Removal of Licensing Requirement, Stock Limits and Movement Restriction on Specified
Foodstuff Order, 2016.
3. Extraordinary (No. 3) dated 18-07-2023 from pages 1585 to 1586, Notification from Department of Transport
regarding Amendment to Goa Rural Improvement and Welfare Cess Act, 2000.
INDEX
Department
Notification
Subject
Pages
1
2
3
4
-
1. a. Agriculture
Not.- 3/1/Agri.Mech/AD(AE)/
Amendment to the scheme—Promotion of
1588
/2023-24/D.Agri/108
Mechanization in Agriculture.
b. —do—
Not.- 3/1/Agri.Mech/AD(AE)/
Financial Assistance for purchase of “Kisan
1588
/2023-24/D.Agri/110
Drone”.
2.
Civil Supplies and
Not.- DCS/S/AAY-LPG Scheme/
The Chief Minister’s Financial Assistance for
1589
Consumer Affairs
/2023-24/1580
refilling of LPG Cylinder Scheme, 2023.
3.
Co-operation
Not.- 15/270/AD/RCS/2015/1464
Exemption of Lift Irrigation/Flow Irrigation
1589
Societies & Self Help Groups Societies from
Goa Co-op. Societies Act, 2001.
4.
Education
Not.- DE/Accts/Bal Rath/2023/470
Scheme to provide School Buses to the Aided
1590
Schools (Balrath).
5. a. Personnel
Not.- 1/4/2008-PER (P.F.I)
R.Rs.— Directorate of Women & Child
1593
Development.
b. —do—
Not.- 1/14/2014-PER
R.Rs.— Common post (outside the Secretariat).
1595
6.
Public Works
Not.- 24-17/PWD/PCE-EO/
Water tankers supplying portable water to be
1597
/2023-24/73
mandatorily registered with P.W.D.
7. a. Women & Child
Not.- 2-107(37)2023-24/DWCD/
Protection of Children from Sexual Offences
1598
Development
/POCSO/Part I/3245
(POCSO) Rules, 2020.
1587
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1588
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
––
Notification
3/1/Agri.Mech/AD(AE)/2023-24/
/D.Agri/108
Read: Notification No. 3/1/AD (AE)/2017-18/
/D.Agri./120 dated 7-9-2017, Series
I No. 23.
Short title and commencement.— The
scheme shall be called “Promotion of
Mechanization in Agriculture.”
Amendment
The pattern of assistance at clause 3(x) in
the above referred notification is as amended
below:—
“The machinery/equipments shall be
purchased from approved Agriculture
Machinery dealer registered with the
Department of Agriculture or any Agriculture
Machinery Dealers from outside the State. If
any machinery/equipments is purchased
from outside State, in such cases the
beneficiary
shall
obtain
from
that
manufactures/dealer a letter of assurance of
after sales service/Warranty and Guarantee
terms for the machine being purchased. Any
disputes arising after sales, service/Warranty
and Guarantee terms for the machine
purchased from outside State shall be sole
responsibility of the beneficiary for settling
the disputes with the respective dealer/
/manufacturer at their end.”
Other contents of the scheme notification
remains the same.
This issues with the approval of the
Government and concurrence of the Finance
(Expenditure) Department, Government of Goa
vide U. O. No. 1400092679 dated 16-05-2023.
By order and in the name of the
Governor of Goa.
Sd/- (Nevil Alphonso) Director & ex officio
Joint Secretary (Agriculture).
Tonca-Caranzalem, 12th July, 2023.
Notification
3/1/Agri.Mech/AD(AE)/2023-24/
/D.Agri/110
Read: Notification No. 3/1/AD (AE)/2017-18/
/D.Agri./120 dated 7-9-2017, Series I
No. 23.
Short title and commencement.— The
scheme shall be called “Promotion of
Mechanization in Agriculture.”
Financial assistance for purchase of “Kisan
Drone” is approved as under:
“To popularize the use of Kisan Drone
(Unmanned aircraft system) for spraying
Agro-chemicals (Pesticides & Soil & Crop
nutrients), a top up subsidy of 10% of the
cost limited to Rs. 1.00 lakhs will be provided
from State Government Scheme budget for
purchase of Kisan Drone by individual
farmers, Custom Hiring Centers (CHC)/Hi tech
Hubs established by the Co-operative
Societies of farmers, FPOs and Rural
Entrepreneurs, in addition to the 40% of the
cost limited to Rs. 4.00 lakhs whichever is
less provided by Central Government under
Sub Mission of Agriculture Mechanization
Scheme guidelines.
Other content of the scheme notification
remains the same.
This issues with the approval of the
Government and concurrence of the Finance
(Expenditure) Department, Government of
Goa vide. U. O. No. 1400092000 dated
25-06-2023.
By order and in the name of the
Governor of Goa.
Sd/- (Nevil Alphonso), Director & ex officio
Joint Secretary (Agriculture).
Tonca-Caranzalem, 12th July, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1589
Department of Civil Supplies and
Consumer Affairs
––
Notification
DCS/S/AAY-LPG Scheme/2023-24/1580
Preamble.— a) The scheme aims to redress
the issues arising out of escalating cost of
Liquefied Petroleum Gas due to rise in
international crude oil prices and other
factors.
b) To provide relief to the lower income
group of families i.e. AAY Beneficiaries by
providing compensation towards cost of 3
refills of LPG per annum.
c) Under this scheme financial assistance
of an amount of Rs. 275 per month will be
provided to the beneficiaries by cash
transfer directly to the beneficiary Head of
Family.
1. Short title & commencement.— a) The
Scheme shall be called “The Chief Minister’s
Financial Assistance for refilling of LPG
Cylinder Scheme, 2023”.
b) This scheme shall come into force
from the date of its publication in Official
Gazette.
c) This scheme shall be valid initially for a
period of one year.
2. Eligibility.— All Antyodaya Anna Yojana
(AAY) ration card holders in the State of Goa.
3. Financial assistance.— The beneficiary
under this scheme shall be paid an
amount of Rs. 275/- per month, towards
assistance for purchase of LPG directly to the
Bank Account of the beneficiary Head of the
Family listed under Antyodaya Anna Yojana
(AAY).
4. The funds shall be released depending
upon the availability of funds for the purpose
of this scheme.
5. The financial assistance as detailed in
this scheme shall be paid directly into the
saving Bank account of the beneficiary.
6. The funds for the scheme shall be drawn
from Demand No. 70.
7. Power to remove difficulties.— For the
purpose of removal of difficulties in
implementation of the scheme, the matter
shall be referred to Government and the
decision of the Government shall be final and
binding.
8. Power to relax.— The Government shall
have the power to relax, amend, modify and
cancel the whole or any part of the scheme
at any time.
By order and in the name of the
Governor of Goa.
Gopal A. Parsekar, Director, Civil Supplies
& Consumer Affairs & ex officio Joint Secretary.
Panaji, 14th July, 2023.
———ttt———
Department of Co-operation
Office of the Registrar of Co-operative Societies
––
Order
15/270/AD/RCS/2015/1464
(Under Section 126A of the Goa Co-operative
Societies Act, 2001)
In exercise of the powers conferred by
section 126A of the Goa Co-operative Societies
Act, 2001, the Government of Goa is pleased
to exempt the Lift Irrigation/Flow Irrigation
Societies (Panivatap) and Self Help Groups
Societies from the application of section 73
(5) of Goa Co-operative Societies Act, 2001.
By order and in the name of the Governor
of Goa.
Manuel Barreto, Registrar of Co-operative
Societies & ex officio Joint Secretary
(Co-operation).
Panaji, 13th July, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1590
Department of Education, Art & Culture
Directorate of Education
––
Notification
DE/Accts/Bal Rath/2023/470
Sub: Schemes to provide School Buses to
the Aided Schools (Balrath).
In order to cater to the need of the aided
schools, specially in the rural areas, it is
essential to provide school buses to the Aided
Institutions, so as to provide proper
transportation to the students. Therefore,
Government is pleased to revise the scheme
“To provide assistance or Grant-in-Aid to
Govertment Aided Institutions/Special
Schools/Higher Secondary Schools, 2013”.
1. Introduction.— The school going
children of the rural as well as urban area
face difficulties to reach to schools in time
due to lack of transportation facilities available
during the school timings. The children have
to walk pretty long distance to reach to the
schools. By the time they reach the school
and back home, they are tired, which in turn,
affects the learning of the child.
2. Short title and commencement.— i) This
scheme shall be called scheme “To provide
assistance or Grant-in-Aid to Government
Aided High Schools/Special Schools/Higher
Secondary Schools, 2023”.
ii) This scheme shall come into force on
the date the Notification is published in the
Official Gazette.
iii) The scheme shall be applicable to the
entire State of Goa.
3. Aim & Objectives.— The scheme intends
to provide proper transportation to the
students studying in aided schools and
strengthen the educational infrastructure of
the State thereby catering to the need of the
Aided schools.
i) The main objective of the scheme is to
provide transport facility to the school
going children, without any hardship.
ii) To inculcate punctuality in attending
the schools.
iii) To make the children physically and
mentally fit to attend the classes, thereby
enhancing their learning ability.
4. Eligibility.— i) All the Government aided
High Schools, Higher Secondary Schools and
Special Schools recognized by the Directorate
of Education, provided with Bal Rath Buses,
shall be eligible for the scheme.
5. Funding Pattern.— The Director of
Education is the Authority for funding and
implementation of this scheme.
6. Sanction and release of funds.— The
Director of Education, on receipt of the
relevant documents at point 8(i), shall verify
the particulars submitted by the applicant
Institution, and if found in order, release the
amount.
7. Recurring Grants.— Nature & Quantum
of Assistance:-
1. Under the scheme, one Driver with fixed
remuneration of Rs. 12,000/- per month and
one Attendant/Cleaner with remuneration of
Rs. 6,000/- per month, shall be paid by the
Institution from the grants received, with a
break during the month of May. The
remuneration of the Drivers and Cleaners/
/Attendants shall be increased by 5% every
year of service prospectively; provided that
Drivers and Attendants/Cleaners have
worked continuously for 11 months in
previous academic year. As such, the total
grants to be released shall be changing
accordingly by 5% of total remuneration
components of Grants. The remuneration to
the Drivers & Cleaners/Attendants should be
paid by 1st/2nd of every month, without any
further delay.
i) a) The Driver should have valid Driving
License and Badge issued by Competent
Authority. The Driver & Attendant shall be
appointed on Contract Basis by the
Management. The payment to Driver and
Attendant/Cleaner shall be made through
their Bank Accounts.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1591
b) The driver shall maintain a log book
for the vehicle.
c) The copies of log book shall be
submitted to Directorate of Education
every quarter, duly certified by the Head
of Institutions and Chairman of the
Managing Committee. These employees
shall not be entitled for regularization of
services.
d) The Driver and Attendant/Cleaner of
the bus shall take utmost care that the
children
are
protected
from
any
eventualities and disturbances. During the
night, the bus shall be parked near the
respective school building.
e) The attendance of the Driver and
Attendant/Cleaner has to be ascertained
by the School Authority at which they are
placed at the time of payment of
remuneration.
ii) The recurring grant shall include
expenses towards remuneration, P.O.L.
(Fuel), repairs and maintenance and
Insurance of the vehicle, diesel upto
ceiling of 300 liters per month or actual,
whichever is less. For repairs and
maintenance of vehicle, a maximum
amount of Rs. 50,000/- per year or actual
cost, whichever is less. The maintenance
of the vehicle shall be done by the
Management of the Institutions through
dealers recognized by the vehicle
company. An amount of Rs. 50,000/- per
annum or actual, whichever is less, shall
be provided for yearly insurance and tax
to be paid by Institution.
iii) The Directorate of Education shall
release recurring grants of Rs. 04.17
lakhs per annum and shall be released
in the month of July every year on
submission of relevant documents [as
mentioned at point no. 8(i)] of previous
year to the Sanctioning Authority i.e.
Directorate of Education.
8. Procedures to avail benefit under the
Scheme.— i) The management of the School
shall submit separate audited statement of
accounts i.e. Receipts & payment, Utilization
Certificate, duly signed by Chartered
Accountant, for the preceding financial
year latest by 30th June every year, alongwith
Certificate
from
Parent
Teachers
Association certifying that the school bus
was in operation throughout the year and
the bus services was to the satisfaction of
Parent Teachers Association. So also,
Certificate issued by Head of Institute/School
certifying that the Driver and Cleaner/
/Attendant have rendered their services for
entire previous 11 months in the academic
year, countersigned by Management.
ii) On receipt of such application every
year, Education Department shall scrutinize
all the applications and place the same before
Sanctioning Authority.
9. Other Terms.— i) The grant of Financial
Assistance under the Scheme cannot be
claimed as a matter of right.
ii) The Scheme shall not be applicable to
Institution/School/HSS/Special Schools who
have availed school mini buses under Indira
Bal Rath, Gomanth Bal Rath, Suvarna Bal Rath
or similar Government Schemes.
iii) The Grantee Institution shall maintain a
separate account in respect of the grants
released under this scheme. The accounts
shall remain open for Inspection to the
Director of Education or his representative
as and when required. This shall also
be open to test check by the Comptroller and
Auditor General of India. All the payment of
Rs. 100 and above should be settled by
issuing cheque/Bank transfer to the
concerned party.
iv) For misrepresentation of any fact, the
Director of Education reserves the right to
accept or reject the application/grant.
v) The vehicle should be made available
for inspection/check to the officer deputed
by the Government.
vi) The Grantee Institution shall not see or
dispose off the vehicle, without prior
permission by the Government.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1592
vii) The Grantee Institution shall not carry
the vehicle outside the State, without prior
permission of the Government.
viii) The school shall finalize the route on
which bus should ply and place the same
before Parents Teacher Association for
passing resolution on the same. A copy of
resolution passed by the Parent Teacher
Association should be forwarded to the
Director of Education.
10. The Grantee Institution shall maintain
a record of all assets acquired wholly or
substantially from Government grant in the
Stock Register and present these to the
Auditor as and when required.
11. In case of delay in sanctioning the
recurring grants by the Government, the
management of a grantee Institution shall
operate the bus and provide facility to the
students by incurring expenditure from their
own funds.
12. In any case, the management shall not
spend the grants released beyond the
Guidelines/norms framed by the Government.
13. All the traffic rules/guidelines issued
by respective Department/Government from
time to time may be strictly followed.
14. Other conditions and requirements.—
i) To become eligible under the scheme, the
school shall require to produce a Certificate
from the Chartered Accountant, certifying
that there is minimum balance of Rs. 1 lakh
in the Bank in the name of the Society, Trust,
Management running the school and that the
said management running the school is
capable of operating the school bus and
financially sound to bear recurring expenses,
day–to-day expenses to run the school bus,
in eventuality of delayed recurring grants.
ii) The management of the school shall bear
the recurring, day-to-day expenses and run
the school bus if there is delay to release the
recurring grants by the Department of
Education for any reason.
iii) Non-submission of documents mention
at 8 (i) shall amount to the ineligibility of the
institutions to receive any further grants
under this scheme.
iv) Recurring grants not utilized within a
year of its release shall be adjusted in the
subsequent financial year to the tune of non-
spent recurring grants of the preceding
financial year.
15. Transfer/Requisition of Bal Rath Bus.—
The Director of Education reserves the right
to transfer bus from one Institution to another
with prior approval of Government of Goa.
Also, Director of Education reserves right to
depute the bus alongwith the Driver &
Cleaner as and when the requisition is
received from appropriate authority.
16. Framing of Guidelines.— For better
implementation of the Scheme, Department
of Education shall frame guidelines from time
to time with prior approval of the
Government.
17. Interpretation & Relaxation.— i) If any
issue arises regarding interpretation of any
Clause, work, expression or entire scheme,
the decision shall lie with the Government.
ii) The Government may relax all or any of
the Clauses provided in the scheme for the
reasons to be recorded.
18. Re-addressal of grievances and
disputes.— Grievance, if any, arising out of
implementation of the scheme shall be heard
and decided by the Minister of Education and
the decision of the Minister of Education shall
be final and binding.
19. Repeal & Saving.—
Notification 1) No. DE/Acad/Bal Rath/2012-
13/2642 dated 01-10-2012 and
Notification 2) No. DE/Accts/Bal Rath/2012-
13/4822 dated 19-02-2013 are hereby
repealed:
Provided that such repeal shall not affect
anything done, any order issued, any action
taken or any powers exercised before coming
into force to this notification and all sanctions,
orders, declarations or other action taken
before the commencement of this notification
shall continue to be operative and in force
even after the commencement of this
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1593
notification, unless specifically cancelled or
revoked by the authority who accorded such
sanction or issued such order or took such
action.
This issues with the concurrence of the
Finance (Expenditure) Department vide U. O.
No. 4205/F dated 25-01-2023.
By order and in the name of the
Governor of Goa.
Shailesh R. S. Zingde, Director of Education
& ex officio Joint Secretary.
Porvorim, 13th July, 2023.
———ttt———
Department of Personnel
––
Notification
1/4/2008-PER (P.F.I)
In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of
India and in supersession of the existing
recruitment rules for the post of District
Programme Officer notified vide Government
Notification No. 1/4/2008-PER(P.F.I) dated
10-05-2010, published in the Official Gazette,
Series I No. 9 dated 27-05-2010, the Governor
of Goa hereby makes the following rules
to regulate the recruitment to the Goa
General Service, Group ‘B’, Gazetted,
Non-Ministerial post, in the Directorate of
Women and Child Development, Government
of Goa, namely:—
1. Short title, application and commen-
cement.— (1) These rules may be called the
Government of Goa, Directorate of Women and
Child Development, Group ‘B’, Gazetted, Non-
Ministerial post, Recruitment Rules, 2023.
(2) They shall apply to the post specified in
column (1) of the Schedule to these
rules (hereinafter called as the “said Schedule”).
(3) They shall come into force on the
date of their publication in the Official Gazette.
2. Number, classification and level in the
pay matrix.— The number of posts,
classification of the said post and level in the
pay matrix attached thereto shall be as
specified in columns (2) to (4) of the said Schedule:
Provided that the Government may vary
the number of posts as specified in column
(2) of the said Schedule from time to time
subject to exigencies of work.
3. Method of recruitment, age limit and
other qualifications.— The method of
recruitment to the said post, age limit,
qualifications and other matters connected
therewith shall be as specified in columns
(5) to (13) of the said Schedule.
4. Disqualification.— No person who has
entered into or contracted a marriage with a
person having a spouse living or who, having
a spouse living, has entered into or contracted
a marriage with any person, shall be eligible
for appointment to the service:
Provided that the Government may, if
satisfied that such marriage is permissible
under the personal law applicable to such
person and the other party to the marriage
and that there are other grounds for so doing,
exempt any person from the operation of this
rule.
5. Power to relax.— Where, the Government
is of the opinion that it is necessary or
expedient so to do, it may, by order, and for
reasons to be recorded in writing and in
consultation with the Goa Public Service
Commission, relax any of the provisions of
these rules with respect to any class or
category of persons.
6. Saving.— Nothing in these rules
shall affect reservation, relaxation of age limit
and other concessions required to be provided
for Scheduled Castes, Scheduled Tribes,
Other Backward Classes, Ex Servicemen and
other special categories of persons in
accordance with the orders issued by the
Government from time to time in that
regard.
These rules are issued in consultation with
the Goa Public Service Commission conveyed
vide their letter No. COM/II/13/66 (1)/2010/
/532 dated 04-07-2023.
By order and in the name of the
Governor of Goa.
Eshant V. Sawant, Under Secretary,
(Personnel-I).
Porvorim, 10th July, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1594
Name/
/desig-
nation of
post
Age limit
for direct
recruits
Period of
proba-
tion, if
any
Method of
recruitment,
whether by
direct recruit-
ment or by
promotion or
by deputation/
transfer/
contract and
percentage
of the vacancies
to be filled by
various
methods
In case of
recruit-
ment by
promotion/
deputation/
/transfer,
grades
from which
promotion/
/deputation/
/transfer is to
be made
Educational
and other qualifica-
tions required for
direct recruits
Classifi-
cation
Whether age & educational qualifica-
tions prescribed for the direct recruits
will apply in the case of promotees
Number
of
posts
Level
in the
pay
matrix
If a
D.P.C./
/D.S.C.
exists,
what is its
compo-
sition
Whether
selec-
tion
post or
non-
selec-
tion
post
SCHEDULE
Circumstances
in which the
Goa Public
Service
Commission
is to be
consulted in
making
recruitment
1
2
3
4
5
6
7
8
9
10
11
12
13
02
(2023)
(Subject
to varia-
tion dep-
endent
on work-
load).
Selec-
tion.
Goa
General
Service,
Group ‘B’,
Gazetted,
Non-
Minis-
terial.
L-8.
Progra-
mme
Officer/
District
Progra-
mme
Officer.
Group ‘B’,
D.P.C. consis-
ting of:
(1) Chairman/
/Member,
Goa Public
Service
Commi-
ssion—
Chairman.
(2) Chief
Secretary or
his
nominee—
Member.
(3) Admini-
strative
Secretary/
Head of
the
Depart-
ment—
Member.
(For promotion
and
confir-
mation).
No
Two
years
(For direct
recruits).
Consultation
with the Goa
Public Service
Commission is
necessary for
making direct
recruitment,
p r o m o t i o n ,
confirmation,
and for amen-
ding/relaxing
any of the
provisions of
these rules.
Promotion:
Superinten-
dent/Superin-
tendent cum
Probation Of-
ficer/Probation
Officer/Proba-
tion
Officer
(Female) with
five years regu-
lar service in
the grade.
Not
exceed-
ing
45 years
(Relaxable
for
Govern-
ment
servants
upto five
years in
accor-
dance
with the
instruc-
tions or
orders
issued
by the
Govern-
ment
from time
to time).
By promo-
tion, failing
which by
direct
recruit-
ment.
Essential:
(1) At least Second
Class Master’s
Degree in Social
Work/Home Science/
Child Development.
(2) Five years experience
in conducting
training,
implementation,
monitoring and
supervision of service
for children and
women.
(3) Knowledge of
Konkani.
Desirable:
(1) Two years experience
in administration in
Government/Semi
Government
Organization/
Research experience.
(2) Knowledge of
Marathi.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1595
Notification
1/14/2014-PER
In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of
India and in supersession of the existing
recruitment
rules
for
the
post
of
Superintendent (Outside Secretariat), notified
vide Government Notification No. 1/6/83-PER
dated 20-05-1986, published in the Official
Gazette, Series I No. 12 dated 19-06-1986, the
Governor of Goa hereby makes the following
rules to regulate the recruitment to the Goa
General Service, Group ‘B’, Gazetted,
Ministerial Common post (Outside the
Secretariat) under the Government of Goa,
namely:—
1. Short title, application and commen-
cement.— (1) These rules may be called the
Government of Goa, Group ‘B’, Gazetted,
Ministerial Common post (outside the
Secretariat), Recruitment Rules, 2023.
(2) They shall apply to the post specified in
column (1) of the Schedule to these rules
(hereinafter called as the “said Schedule”).
(3) They shall come into force on the
date of their publication in the Official
Gazette.
2. Number, classification and level in the
pay matrix.— The number of posts,
classification of the said post and level in the
pay matrix thereof shall be as specified in
columns (2) to (4) of the said Schedule:
Provided that the Government may vary
the number of posts as specified in column
(2) of the said Schedule from time to time
subject to exigencies of work.
3. Method of recruitment, age limit and
other qualifications.— The method of
recruitment to the said post, age limit,
qualifications and other matters connected
therewith shall be as specified in columns
(5) to (13) of the said Schedule.
4. Disqualification.— No person who has
entered into or contracted a marriage with a
person having a spouse living or who, having
a spouse living, has entered into or contracted
a marriage with any person, shall be eligible
for appointment to the service:
Provided that the Government may, if
satisfied that such marriage is permissible
under the personal law applicable to such
person and the other party to the marriage
and that there are other grounds for so doing,
exempt any person from the operation of this
rule.
5. Power to relax.— Where, the Government
is of the opinion that it is necessary or
expedient so to do, it may, by order, for
reasons to be recorded in writing and in
consultation with the Goa Public Service
Commission, relax any of the provisions of
these rules with respect to any class or
category of persons.
6. Saving.— Nothing in these rules shall
affect reservation, relaxation of age limit
and other concessions required to be provided
for Scheduled Castes, Scheduled Tribes,
Other Backward Classes, Ex-servicemen and
other
special
categories
of
persons
in accordance with the orders issued by
the Government from time to time in that
regard.
These rules are issued in consultation with
the Goa Public Service Commission vide their
letter No. COM/II/13/42(1)/2023/539 dated
04-07-2023.
By order and in the name of the
Governor of Goa.
Eshant V. Sawant, Under Secretary
(Personnel-I).
Porvorim, 10th July, 2023.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1596
Superin-
tendent
(Outside
Secre-
tariat).
Name/
/desig-
nation of
post
Age limit
for direct
recruits
Period of
proba-
tion, if
any
Method of
recruitment,
whether by direct
recruitment or by
promotion or by
deputation/
/absorption and
percentage
of the vacancies
to be filled by
various methods
In case of recruit-
ment by promo-
tion/deputation/
/absorption, grades
from which
promotion/
/deputation/
/absorption is to
be made
Educational
and other
qualifications
required for
direct recruits
Classifi-
cation
Whether age & educational qualifica-
tions prescribed for the direct recruits
will apply in the case of promotees
Number
of
posts
Level
in the
pay
matrix
If a
D.P.C./
/D.S.C.
exists,
what is its
compo-
sition
Whether
selection
post or
non-
-selection
post
SCHEDULE
Circumstances in
which the Goa
Public Service
Commission is
to be consulted in
making
recruitment
1
2
3
4
5
6
7
8
9
10
11
12
13
66
(2023)
(Subject
to varia-
tion dep-
endent
on work-
load).
Selec-
tion.
Group ‘B’,
Gazetted,
Minis-
terial.
L-7.
Group ‘B’,
D.P.C. consis-
ting of:
(1) Chairman/
Member, the
Goa Public
Service
Commission—
Chairman.
(2) Chief Secretary
or his
nominee—
Member.
(3) Admini-
strative
Secretary/
Head of
Department—
Member.
(For promotion
and
confirmation).
N.A.
Two years
(Lifting of
probation
period shall
be subject to
passing of
departmen-
tal examina-
tion during
probation
period/
extended
probation
period).
Consultation
with the Goa
Public Service
Commission is
necessary while
making promo-
tion,
confir-
mation, selecting
an Officer for
appointment by
deputation and
for amending/
/relaxing any of
the provisions of
these rules.
Promotion:
Head Clerks/
Tax Inspector
and Sr. Stenog-
rapher (Outside
Secretariat) of
Departments in
the Administra-
tion with five
years regular
service in the
grade.
Deputation:
Official holding
analogous posts
under the State
Government.
N.A.
By promo-
tion, failing
which, by
deputation.
N.A.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1597
Department Public Works
––
Notification
24-17/PWD/PCE-EO/2023-24/73
Whereas, it has been decided by the
Government that all the water tankers
supplying potable water in the State for
drinking purposes only are to be mandatorily
registered with Public Works Department.
And whereas, in order to successfully
implement the above decision of the
Government, guidelines are required to be
framed.
And now, therefore, the guidelines are
framed as under in respect to water tankers
supplying potable water for drinking
purposes only.
1. The Water Tanker shall have a certificate
from the Directorate of Transport, that the
body of the said tanker transporting potable
water for drinking purposes has internal
stainless-steel linings and other mandatory
conditions as stipulated.
2. The Water Tanker shall be registered by
the owner with Public Works Department
through electronic application only and on
payment of a one-time non-refundable
registration fee of Rs. 5000/- and shall be
renewed before the end of each financial year
on payment of Rs. 3000/-.
3. Each water tanker upon successful
registration will be issued an Online
Registration Certificate and a QR code will
be generated by PWD which shall be
prominently displayed/pasted on the water
tanker. The QR code will have all the details
of the registered tanker, drinking water
quality tests conducted, and all other relevant
information.
4. The water tanker in use for supplying
water for drinking purposes shall be installed
with a GPS tracking device and the vehicle
will be tracked by PWD in the event that any
malpractice is found the tanker will be
de-registered with PWD and will not be
registered for a minimum period of 1 year
from the date of de-registration. The
installation of the GPS device shall be as per
the specifications provided by PWD and shall
be installed through an authorized agency
appointed by PWD for the said purpose.
5. Regular water quality tests will be
conducted by PWD with a minimum of once
a month as per prescribed fees and if the test
results are within permissible limits as per
standards, then the water tanker will be
allowed to supply drinking water. All the
Drinking Water Quality tests conducted by
PWD will be made available in the public
domain.
6. Additionally, surprise/on-the-spot water
quality tests will also be conducted by PWD
to ensure the quality of potable water being
supplied.
7. The above mechanism will be applicable
only to those water tankers which are being
used for supplying water for drinking
purposes and including water tankers hired/
/deployed by PWD. However, no charges will
be applicable for drinking water quality tests
for water tankers hired by PWD.
8. In addition to the above, the general
public will also be advised to procure Field
Test Kits as per the specifications provided
by PWD or purchase from PWD on payment
as per actual derived through a tender
process with an additional 10% as
Administrative Fees for imparting training and
providing necessary training modules.
9. Any tankers found supplying drinking
water without due registration as per this
guidelines will be prosecuted under due
provision of law.
The guidelines shall be suitably adjusted,
with the approval of the Government of Goa,
in order to keep the guidelines dynamically
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1598
responsive
to
changing
technology,
regulatory regime, or any other unforeseen
development. If any question arises regarding
the interpretation of any clause, word, or
expression of the guidelines, or difficulty in
the execution of the guidelines, then the
matter shall be referred to the Chief
Engineer-I, PWD, and decision/opinion of the
Chief Engineer-I, PWD shall be final and
binding and no claim financial or legal shall
be entertained.
This issues with the approval of the
Government vide U. O. No.1681/F dated
30-05-2023.
By order and in the name of the
Governor of Goa.
U. P. Parsekar, Principal Chief Engineer
(PWD) & ex officio Addl. Secretary.
Panaji, 11th July, 2023.
———ttt———
Department of Women & Child
Development
Directorate of Women & Child Development
––
Notification
2-107(37)2023-24/DWCD/POCSO/
/Part I/3245
The notification of the Protection of Children
from Sexual Offences (POCSO) Rules, 2020,
issued by the Ministry of Women and Child
Development, New Delhi is republished for
the general information of the public.
This notification shall come into force with
immediate effect.
By order and in the name of the
Governor of Goa.
Sangeeta M. Porob, Director & ex officio
Jt. Secretary (W&CD).
Panaji, 12th July, 2023.
Ministry of Women and Child
Development
(Department of Women & Child
Development)
New Delhi, the 9th March, 2020
Notification
G.S.R. 165(E).— In exercise of the powers
conferred by section 45 of the Protection of
Children from Sexual Offences Act, 2012 (32
of 2012), the Central Government hereby had
made the following rules, namely:—
1. (1) Short title and commencement.—
These rules may be called the Protection of
Children from Sexual Offences Rules, 2020.
(2) They shall come into force on the date
of their publication in the Official Gazette.
2. Definitions.— (1) In these rules, unless
the context otherwise requires,—
(a) “Act” means the Protection of
Children from Sexual Offences Act, 2012
(32 of 2012);
(b) “District Child Protection Unit”
(DCPU) means the District Child Protection
Unit established by the State Government
under section 106 of the Juvenile Justice
(Care and Protection of Children) Act, 2015
(2 of 2016);
(c) “expert” means a person trained in
mental health, medicine, child development
or other relevant discipline, who may be
required to facilitate communication with
a child whose ability to communicate has
been affected by trauma, disability or any
other vulnerability;
(d) “special educator” means a person
trained in communication with children
with disabilities in a way that addresses
OFFICIAL GAZETTE — GOVT. OF GOA
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1599
the child’s individual abilities and needs,
which include challenges with learning
and communication, emotional and
behavioral issues, physical disabilities,
and developmental issues.
Explanation.— For the purposes of this
clause, the expression “disabilities”, shall
carry the same meaning as defined in
clause (s) of section 2 of the Rights of Persons
with Disabilities Act, 2016 (49 of 2016);
(e) “Person familiar with the manner of
communication of the child” means a
parent or family member of a child or a
member of child’s shared house hold or
any person in whom the child reposes trust
and confidence, who is familiar with that
child’s unique manner of communication,
and whose presence may be required for
or be conducive to more effective
communication with the child;
(f) “support person” means a person
assigned by the Child Welfare Committee,
in accordance with sub-rule (7) of rule 4,
to render assistance to the child through
the process of Investigation and trial, or
any other person assisting the child in the
pretrial or trial process in respect of an
Offence under the Act;
(2) Words and expressions used and not
defined in these rules but defined in the Act
shall have the meanings respectively assigned
to them under the Act.
3. Awareness generation and capacity
building.— (1) The Central Government, or
as the case may be, the State Government
shall prepare age-appropriate educational
material and curriculum for children,
informing them about various aspects of
personal safety, including—
(i) measures to protect their physical,
and virtual identity; and to safeguard their
emotional and mental wellbeing;
(ii) prevention and protection from
sexual offences;
(iii) reporting mechanisms, including
Child helpline-1098 services;
(iv) inculcating gender sensitivity, gender
equality and gender equity for effective
prevention of offences under the Act.
(2) Suitable material and information may
be
disseminated
by
the
respective
Governments in all public places such as
Panchayat bhavans, community centers,
Schools and Colleges, Bus terminals, Railway
stations, places of congregation, Airports, Taxi
stands, Cinema halls and such other
prominent places and also be disseminated
in suitable form in virtual spaces such as
internet and social media.
(3) The Central Government and every State
Government shall take all suitable measures
to spread awareness about possible risks and
vulnerabilities, signs of abuse, information
about rights of children under the Act along
with access to support and services available
for children.
(4) Any institution housing children or
coming in regular contact with children
including schools, creches, sports academies
or any other facility for children must ensure
a police verification and background
check on periodic basis, of every staff,
teaching or non-teaching, regular or
contractual, or any other person being an
employee of such Institution coming in contact
with the child. Such Institution shall also
ensure that periodic training is organised
for sensitising them on child safety and
protection.
(5) The respective Governments shall
formulate a child protection policy based
on the principle of zero-tolerance to violence
against children, which shall be adopted
by all institutions, organizations, or any other
agency working with, or coming in contact
with children.
(6) The Central Government and every
State Government shall provide periodic
trainings including orientation programmes,
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1600
sensitization workshops and refresher courses
to all persons, whether regular or contractual,
coming in contact with the children, to
sensitize them about child safety and
protection and educate them regarding their
responsibility under the Act. Orientation
programme and intensive courses may also
be organized for police personnel and forensic
experts for building their capacities in their
respective roles on a regular basis.
4. Procedure regarding care and protection
of child.— (1) Where any Special Juvenile
Police Unit (hereafter referred to as “SJPU”)
or the local police receives any information
under sub-section (1) of section 19 of the Act
from any person including the child, the SJPU
or local police receiving the report of such
information shall forthwith disclose to the person
making the report, the following details:—
(i) his or her name and designation;
(ii) the address and telephone number;
(iii) the name, designation and contact
details of the officer who supervises the
officer receiving the information.
(2) If any such information regarding the
commission of an offence under the provisions
of the Act is received by the child helpline-
1098, the child helpline shall immediately
report such information to SJPU or Local
Police.
(3) Where an SJPU or the local police, as
the case may be, receives information in
accordance with the provisions contained
under sub-section (1) of section 19 of the Act
in respect of an offence that has been
committed or attempted or is likely to be
committed, the authority concerned shall,
where applicable,—
(a) proceed to record and register a First
Information Report as per the provisions of
section 154 of the Code of Criminal
Procedure, 1973 (2 of 1974), and furnish a
copy thereof free of cost to the person
making such report, as per sub-section (2)
of section 154 of that Code;
(b) where the child needs emergency
medical care as described under sub-section
(5) of section 19 of the act or under these
rules, arrange for the child to access such
care, in accordance with rule 6;
(c) take the child to the hospital for the
medical examination in accordance with
section 27 of the Act;
(d) ensure that the samples collected for
the purposes of the forensic tests are sent
to the forensic laboratory immediately;
(e) inform the child and child’s parent or
guardian or other person in whom the
child has trust and confidence of the
availability of support services including
counselling, and assist them in contacting
the persons who are responsible for
providing these services and relief;
(f) inform the child and child’s parent or
guardian or other person in whom the
child has trust and confidence as to the
right of the child to legal advice and
counsel and the right to be represented by
a lawyer, in accordance with section
40 of the Act.
(4) Where the SJPU or the local police
receives information under sub-section (1) of
section 19 of the Act, and has a reasonable
apprehension that the offence has been
committed or attempted or is likely to be
committed by a person living in the same or
shared household with the child, or the child
is living in a child care institution and is
without parental support, or the child is found
to be without any home and parental support,
the concerned SJPU, or the local police shall
produce the child before the concerned child
Welfare Committee (hereafter referred to as
“CWC”) within 24 hours of receipt of such
report, together with reasons in writing as to
whether the child is in need of care and
protection under sub-section (5) of section
19 of the Act, and with a request for a detailed
assessment by the CWC.
(5) Upon receipt of a report under sub-rule
(3), the concerned CWC must proceed, in
accordance
with
its
powers
under
sub-section (1) of section 31 of the Juvenile
Justice Act, 2015 (2 of 2016), to make a
determination within three days, either on
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1601
its own or with the assistance of a social
worker, as to whether the child needs to be
taken out of the custody of child’s family or
shared household and placed in a children’s
home or a shelter home.
(6) In making determination under sub-rule
(4), the CWC shall take into account any
preference or opinion expressed by the child
on the matter, together with the best interests
of the child, having regard to the following
considerations, namely:—
(i) the capacity of the parents, or of either
parent, or of any other person in whom
the child has trust and confidence, to
provide for the immediate care and
protection needs of the child, including
medical needs and counseling;
(ii) the need for the child to remain in
the care of parent’s, family and extended
family and to maintain a connection with them;
(iii) the child’s age and level of maturity,
gender, and social and economic background;
(iv) disability of the child, if any;
(v) any chronic illness from which a child
may suffer;
(vi) any history of family violence
involving the child or a family member of
the child; and,
(vii) any other relevant factors that may
have a bearing on the best interests of the
child:
Provided that prior to making such
determination, an inquiry shall be conducted
in such a way that the child is not unnecessarily
exposed to injury or inconvenience.
(7) The child and child’s parent or guardian
or any other person in whom the child has
trust and confidence and with whom the child
has been living, who is affected by such
determination, shall be informed that such
determination is being considered.
(8) The CWC, on receiving a report under
sub-section (6) of section 19 of the Act or on
the basis of its assessment made under
sub-rule (5), and with the consent of the child
and child’s parent or guardian or other person
in whom the child has trust and confidence,
may provide a support person to render
assistance to the child in all possible manner
throughout the process of investigation and
trial, and shall immediately inform the SJPU
or Local Police about providing a support
person to the child.
(9) The support person shall at all times
maintain the confidentiality of all information
pertaining to the child to which he or she
has access and shall keep the child and
child’s parent or guardian or other person in
whom the child has trust and confidence,
informed regarding the proceedings of the
case, including available assistance, judicial
procedures, and potential outcomes. The
Support person shall also inform the child of
the role the support person may play in the
judicial process and ensure that any concerns
that the child may have, regarding child’s
safety in relation to the accused and the
manner in which the Support person would
like to provide child’s testimony, are conveyed
to the relevant authorities.
(10) Where a support person has been
provided to the child, the SJPU or the local
police shall, within 24 hours of making such
assignment, inform the Special Court in
writing.
(11) The services of the support person
may be terminated by the CWC upon request
by the child and child’s parent or guardian
or person in whom the child has trust and
confidence, and the child requesting the
termination shall not be required to assign
any reason for such request. The Special
Court shall be given in writing such information.
(12) The CWC shall also seek monthly
reports from support person till the
completion of trial, with respect to condition
and care of child, including the family situation
focusing on the physical, emotional and
mental wellbeing, and progress towards
healing from trauma; engage with medical
care facilities, in co-ordination with the
support person, to ensure need-based
continued medical support to the child,
including psychological care and counseling;
and shall ensure resumption of education of
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
20TH JULY, 2023
1602
the child, or continued education of the child,
or shifting of the child to a new school, if required.
(13) It shall be the responsibility of the
SJPU, or the local police to keep the child
and child’s parent or guardian or other person
in whom the child has trust and confidence,
and where a support person has been
assigned, such person, informed about the
developments, including the arrest of the
accused, applications filed and other court
proceedings.
(14) SJPU or the local police shall also
inform the child and child’s parents or
guardian or other person in whom the child
has trust and confidence about their
entitlements and services available to them
under the Act or any other law for the time
being applicable as per Form-A. It shall also
complete the Preliminary Assessment Report
in Form-B within 24 hours of the registration
of the First Information Report and submit it
to the CWC.
(15) The information to be provided by the
SJPU, local police, or support person, to the
child and child’s parents or guardian or other
person in whom the child has trust and
confidence, includes but is not limited to the
following:—
(i) the availability of public and private
emergency and crisis services;
(ii) the procedural steps involved in a
criminal prosecution;
(iii)
the
availability
of
victim’s
compensation benefits;
(iv) the status of the investigation of the
crime, to the extent it is appropriate to
inform the victim and to the extent that it
will not interfere with the investigation;
(v) the arrest of a suspected offender;
(vi) the filing of charges against a
suspected offender;
(vii) the schedule of court proceedings
that the child is either required to attend
or is entitled to attend;
(viii) the bail, release or detention status
of an offender or suspected offender;
(ix) the rendering of a verdict after trial;
and
(x) the sentence imposed on an offender.
5. Interpreters, translators, special educators,
experts and support persons.— (1) In each
district, the DCPU shall maintain a register
with names, addresses and other contact
details of interpreters, translators, experts,
special educators and support persons for the
purposes of the act, and this register shall be
made available to the SJPU, local police,
magistrate or Special Court, as and when
required.
(2) The qualifications and experience of the
interpreters, translators, special educators,
experts and support persons engaged for the
purposes of sub-section (4) of section 19, sub-
sections (3) and (4) of section 26 and section
38 of the Act and rule 4 respectively shall be
as indicated in these rules.
(3) Where an interpreter, translator, or
special educator is engaged, otherwise than
from the list maintained by the DCPU under
sub-rule (1), the requirements prescribed
under sub-rules (4) and (5) of this rule may
be relaxed on evidence of relevant experience
or
formal
education
or
training
or
demonstrated proof of fluency in the relevant
languages by the interpreter, translator, or
special educator, subject to the satisfaction
of the DCPU, Special Court or other authority
concerned.
(4) Interpreters and translators engaged
under sub-rule (1) should have functional
familiarity with language spoken by the child
as well as the official language of the state,
either by virtue of such language being
child’s mother tongue or medium of
instruction at school at least up to primary
school level, or by the interpreter or translator
having acquired knowledge of such language
through child’s vocation, profession, or
residence in the area where that language is
spoken.
(5) Sign language interpreters, special
educators and experts entered in the register
under sub-rule (1) should have relevant
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 16
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1603
qualifications in sign language or special
education, or in the case of an expert, in the
relevant discipline, from a recognised
University or an institution recognised by the
Rehabilitation Council of India.
(6) Support person may be a person or
organisation working in the field of child
rights or child protection, or an official of a
children’s home or shelter home having
custody of the child, or a person employed
by the DCPU:
Provided that nothing in these rules shall
prevent the child and child’s parents or
guardian or other person in whom the child
has trust and confidence from seeking the
assistance of any person or organisation for
proceedings under the Act.
(7) Payment for the services of an
interpreter, translator, special educator,
expert or support person whose name is
enrolled in the register maintained under sub-
rule (1) or otherwise, shall be made by the
State Government from the Fund maintained
under section 105 of the Juvenile Justice Act,
2015 (2 of 2016), or from other funds placed
at the disposal of the DCPU.
(8) Any interpreter, translator, special
educator, expert or support person engaged
for the purpose of assisting a child under this
Act, shall be paid a fee which shall be
prescribed by the State Government, but
which, shall not be less than the amount
prescribed for a skilled worker under the
Minimum Wages Act, 1948 (11 of 1948).
(9) Any preference expressed by the child
at any stage after information is received
under sub-section (1) of section 19 of the Act,
as to the gender of the interpreter, translator,
special educator, expert or support person,
may be taken into consideration, and where
necessary, more than one such person may
be
engaged
in
order
to
facilitate
communication with the child.
(10) The interpreter, translator, special
educator, expert, support person or person
familiar with the manner of communication
of the child engaged to provide services for
the purposes of the Act shall be unbiased
and impartial and shall disclose any real or
perceived conflict of interest and shall render
a complete and accurate interpretation or
translation without any additions or omissions,
in accordance with section 282 of the Code
of Criminal Procedure, 1973 (2 of 1974).
(11) In proceedings under section 38, the
Special Court shall ascertain whether the
child speaks the language of the court
adequately, and that the engagement of any
interpreter, translator, special educator,
expert, support person or other person
familiar with the manner of communication
of the child, who has been engaged to
facilitate communication with the child, does
not involve any conflict of interest.
(12) Any interpreter, translator, special
educator, expert or support person appointed
under the Act shall be bound by the rules of
confidentiality, as described under section 127
read with section 126 of the Indian Evidence
Act, 1872 (1 of 1872).
6. Medical aid and care.— (1) Where an
officer of the SJPU, or the local police receives
information under section 19 of the Act that
an offence under the Act has been committed,
and is satisfied that the child against whom
an offence has been committed is in need of
urgent medical care and protection, such
officer, or as the case may be, the local police
shall, within 24 hours of receiving such
information, arrange to take such child to the
nearest hospital or medical care facility
center for emergency medical care:
Provided that where an offence has been
committed under sections 3, 5, 7 or 9 of the
Act, the victim shall be referred to emergency
medical care.
(2) Emergency medical care shall be
rendered in such a manner as to protect the
privacy of the child, and in the presence of
the parent or guardian or any other person
in whom the child has trust and confidence.
(3) No medical practitioner, hospital or
other medical facility center rendering
emergency medical care to a child shall
demand any legal or magisterial requisition
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or other documentation as a pre-requisite to
rendering such care.
(4) The registered medical practitioner
rendering medical care shall attend to the
needs of the child, including:
(a) treatment for cuts, bruises, and other
injuries including genital injuries, if any;
(b) treatment for exposure to sexually
transmitted diseases (STDs) including
prophylaxis for identified STDs;
(c) treatment for exposure to Human
Immunodeficiency Virus (HIV), including
prophylaxis for HIV after necessary
consultation with infectious disease
experts;
(d) possible pregnancy and emergency
contraceptives should be discussed with
the pubertal child and her parent or any
other person in whom the child has trust
and confidence; and, .
(e) wherever necessary, a referral or
consultation for mental or psychological
health needs, or other counseling, or drug
de-addiction services and programmes
should be made.
(5) The registered medical practitioner shall
submit the report on the condition of the child
within 24 hrs. to the SJPU or Local Police.
(6) Any forensic evidence collected in the
course of rendering emergency medical care
must be collected in accordance with section
27 of the Act.
(7) If the child is found to be pregnant,
then the registered medical practitioner shall
counsel the child, and her parents or
guardians, or support person, regarding the
various lawful options available to the child
as per the Medical Termination of Pregnancy
Act, 1971 and the Juvenile Justice (Care and
Protection of Children) Act, 2015 (2 of 2016).
(8) If the child is found to have been
administered any drugs or other intoxicating
substances, access to drug deaddiction
programme shall be ensured.
(9) If the Child is a divyang (person with
disability), suitable measure and care shall
be taken as per the provisions of The Rights
of Persons with Disabilities Act, 2016 (49 of 2016).
7. Legal aid and assistance.— (1) The CWC
shall make a recommendation to District
Legal Services Authority (hereafter referred
to as “DLSA”) for legal aid and assistance.
(2) The legal aid and assistance shall be
provided to the child in accordance with the
provisions of the Legal Services Authorities
Act, 1987 (39 of 1987).
8. Special relief.— (1) For special relief, if
any, to be provided for contingencies such
as food, clothes, transport and other essential
needs, CWC may recommend immediate
payment of such amount as it may assess to
be required at that stage, to any of the
following:—
(i) the DLSA under Section 357 A; or;
(ii) the DCPU out of such funds placed at
their disposal by state or;
(iii) funds maintained under section 105
of the Juvenile Justice (Care and Protection
of Children) Act, 2015 (2 of 2016);
(2) Such immediate payment shall be made
within a week of receipt of recommendation
from the CWC.
9. Compensation.— (1) The Special Court
may, in appropriate cases, on its own or on
an application filed by or on behalf of the
child, pass an order for interim compensation
to meet the needs of the child for relief or
rehabilitation at any stage after registration
of the First Information Report. Such interim
compensation paid to the child shall be
adjusted against the final compensation, if any.
(2) The Special Court may, on its own or
on an application filed by or on behalf of the
victim,
recommend
the
award
of
compensation where the accused is
convicted, or where the case ends in acquittal
or discharge, or the accused is not traced or
identified, and in the opinion of the Special
Court the child has suffered loss or injury as
a result of that offence.
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(3) Where the Special Court, under sub-
section (8) of section 33 of the Act read with
sub-sections (2) and (3) of section 357 A of
the Code of Criminal Procedure, 1973
(2 of 1974) makes a direction for the award of
compensation to the victim, it shall take into
account all relevant factors relating to the
loss or injury caused to the victim, including
the following:—
(i) type of abuse, gravity of the offence
and the severity of the mental or physical
harm or injury suffered by the child;
(ii) the expenditure incurred or likely to
be incurred on child’s medical treatment
for physical or mental health or on both;
(iii) loss of educational opportunity as a
consequence of the offence, including
absence from school due to mental trauma,
bodily
injury,
medical
treatment,
investigation and trial of the offence, or any
other reason;
(iv) loss of employment as a result of the
offence, including absence from place of
employment due to mental trauma, bodily
injury, medical treatment, investigation and
trial of the offence, or any other reason;
(v) the relationship of the child to the
offender, if any;
(vi) whether the abuse was a single
isolated incidence or whether the abuse
took place over a period of time;
(vii) whether the child became pregnant
as a result of the offence;
(viii) whether the child contracted a
sexually transmitted disease (STD) as a
result of the offence;
(ix) whether the child contracted human
immunodeficiency virus (HIV) as a result
of the offence;
(x) any disability suffered by the child as
a result of the offence;
(xi) financial condition of the child
against whom the offence has been
committed so as to determine such child’s
need for rehabilitation;
(xii) any other factor that the Special
Court may consider to be relevant.
(4) The compensation awarded by the
Special Court is to be paid by the State
Government from the Victims Compensation
Fund or other scheme or fund established by
it for the purposes of compensating and
rehabilitating victims under section 357A of
the Code of Criminal Procedure, 1973 or any
other law for the time being in force, or, where
such fund or scheme does not exist, by the
State Government.
(5) The State Government shall pay the
compensation ordered by the Special Court
within 30 days of receipt of such order.
(6) Nothing in these rules shall prevent a
child or child’s parent or guardian or any
other person in whom the child has trust and
confidence from submitting an application for
seeking relief under any other rules or
scheme of the Central Government or State
Government.
10. Procedure for imposition of fine and
payment thereof.— (1) The CWC shall
Co-ordinate with the DLSA to ensure that any
amount of fine imposed by the Special Court
under the Act which is to be paid to the
victim, is in fact paid to the child.
(2) The CWC will also facilitate any
procedure for opening a bank account,
arranging for identity proofs, etc., with the
assistance of DCPU and support person.
11. Reporting of pornographic material
involving a child.— (1) Any person who has
received any pornographic material involving
a child or any information regarding such
pornographic
material
being
stored,
possessed, distributed, circulated, transmitted,
facilitated, propagated or displayed, or is
likely to be distributed, facilitated or
transmitted in any manner shall report the
contents to the SJPU or local police,
or as the case may be, cyber-crime portal
(cybercrime.gov.in) and upon such receipt of
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the report, the SJPU or local police or the
cyber-crime portal take necessary action as
per the directions of the Government issued
from time to time.
(2) In case the “person” as mentioned in
sub-rule (1) is an “intermediary” as defined
in clause (w) of sub-section (1) of section 2 of
the Information Technology Act, 2000, such
person shall in addition to reporting, as
provided under sub-rule (1), also hand over
the necessary material including the source
from which such material may have originated
to the SJPU or local police, or as the case
may be, cyber-crime portal (cybercrime.gov.in)
and upon such receipt of the said material,
the SJPU or local police or the cyber-crime
portal take necessary action as per the
directions of the Government issued from time
to time.
(3) The report shall include the details of
the device in which such pornographic
content was noticed and the suspected
device from which such content was received
including the platform on which the content
was displayed.
(4) The Central Government and every State
Government shall make all endeavors to
create widespread awareness about the
procedures of making such reports from time
to time.
12. Monitoring of implementation of the
Act.— (1) The National Commission for the
Protection of Child Rights (hereafter referred
to as “NCPCR”) or the State Commission for
the Protection of Child Rights (hereafter
referred to as “SCPCR”), as the case may be,
shall in addition to the functions assigned to
them under the Commissions for Protection
of Child Rights Act, 2005 (4 of 2006), perform
the following functions for implementation of
the provisions of the Act—
(a) monitor the designation of Special
Courts by State Governments;
(b) monitor the appointment of the
Special Public Prosecutors by the State
Governments;
(c) monitor the formulation of the
guidelines described in section 39 of the
Act by the State Governments, for the use
of Non Governmental organisations,
professionals and experts or persons having
knowledge of psychology, social work,
physical health, mental health and child
development to be associated with the
pre-trial and trial stage to assist the child,
and to monitor the application of these
guidelines;
(d)
monitor
the
designing
and
implementation of modules for training
police personnel and other concerned
persons, including officers of the Centre and
State Governments, for the effective
discharge of their functions under the Act;
(e) monitor and support the Central
Government and State Governments for the
dissemination of information relating to the
provisions of the act through media
including the television, radio and print
media at regular intervals, so as to make
the General public, children as well as their
parents and guardians aware of the
provisions of the Act.
(f) call for a report on any specific case
of child sexual abuse falling within the
jurisdiction of a CWC.
(g) collect information and data on its
own or from the relevant agencies
regarding reported cases of sexual abuse
and their disposal under the processes
provided under the Act, including
information on the following:—
(i) number and details of offences
reported under the Act;
(ii) whether the procedures prescribed
under the Act and rules were followed,
including those regarding timeframes;
(iii) details of arrangements for care
and protection of victims of offences
under this Act, including arrangements
for emergency medical care and medical
examination; and,
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(iv) details regarding assessment of the need for care and protection of a child by the
concerned CWC in any specific case;
(h) use the information so collected to assess the implementation of the provisions of the
Act. The report on monitoring of the Act shall be included in a separate chapter in the
annual report of the NCPCR or the SCPCR.
(2) The concerned authorities mandated to collect data, under the Act, shall share such
data with the Central Government and every State Government, NCPCR and SCPCRs.
13. Repeal.— The Protection of Children from Sexual Offences Rules, 2012 are hereby
repealed, except as respects things done or omitted to be done before such repeal.
FORM-A
Entitlement of children who have suffered sexual abuse to receive information and services
1. To receive a copy of the FIR.
2. To receive adequate security and protection by Police.
3. To receive immediate and free medical examination by civil hospital/PHC etc.
4. To receive counseling and consultation for mental and psychological well being.
5. For Recording of statement of child by woman police officer at child’s home or any other place
convenient to child.
6. To be moved to a Child Care Institution where offence was at home or in a shared household, to the
custody of a person whom child reposes faith.
7. For Immediate aid and assistance on the recommendation of CWC.
8. For being kept away from accused at all times, during trial and otherwise.
9. To have an interpreter or translator, where needed.
10. To have special educator for the child or other specialized person where child is disabled.
11. For Free Legal Aid.
12. For Support Person to be appointed by Child Welfare Committee.
13. To continue with education.
14. To privacy and confidentiality.
15. For list of Important Contact No.’s including that of the District Magistrate and the Superintendent
of Police.
Duty Officer
Date:
(Name & Designation to be mentioned)
I have received a copy of ‘Form-A’
(Signature of Victim/Parent/Guardian)
(Note: The form may be converted in local and simple Child friendly language)
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FORM-B
Preliminary Assessment Report
Parameters
Comment
(1)
(2)
1.
Age of the victim.
2.
Relationship of child to the offender.
3.
Type of abuse and gravity of the offence.
4.
Available details and severity of mental and physical harm/injury suffered
by the child.
5.
Whether the child is disabled (physical, mental or intellectual).
6.
Details regarding economic status of victim’s parents, total number of child’s
family members, occupation of child’s parents and monthly family income.
7.
Whether the victim has undergone or is undergoing any medical treatment
due to incident of the present case or needs medical treatment on account
of Offence.
8.
Whether there has been loss of educational opportunity as a consequence
of the offence, including absence from school due to mental trauma, bodily
injury, medical treatment, investigation and trial or other reason?
9.
Whether the abuse was a single isolated incident or whether the abuse
took place over a period of time?
10.
Whether the parents of victim are undergoing any treatment or have any
health issues?
11.
Aadhar No. of the child, if available.
Date:
Station House Officer
[F. No. 30/1/2019-Cw-I]
AASTHA S. KHATWANI, Jt. Secy.
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