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. 8/8/2023-MAG/L&O/Sanq.Mun.Elect./Liquor/1010

Whereas, the Goa State Election Commission has

announced the General Elections to the Sanquelim

Municipal Council in North Goa District is scheduled

to be held on 5-05-2023 and the Model Code of

Conduct has come into force with immediate effect.

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 thereunder 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 within the jurisdiction of Sanquelim Municipal

Council in North Goa District.

Panaji, 19th April, 2023 (Chaitra 29, 1945)

SERIES III No. 2

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

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

EXTRAORDINARY

And whereas I am satisfied that the

circumstances do not permit the serving in due

time, of the notices individually upon the persons

against whom this order is directed and therefore,

under the powers vested in me under sub section

(2) of Section 144 of the Code of Criminal Procedure,

1973 I hereby pass the order ex-parte.

Now therefore, I Mamu Hage, IAS, District

Magistrate, North Goa District in exercise of the

powers vested in me under section 144 of Code of

Criminal Procedure, 1973 read with section 29A of

the Goa Excise Act, 1964 do hereby order that

serving or selling of liquor in all the liquor bars,

pubs, shops, clubs, shacks, or any establishment

within the jurisdiction of Sanquelim Municipal

Council in 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 within the jurisdiction of

Sanquelim Municipal Council in North Goa District

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

/Zilla Panchayat 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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES III No. 2

(EXTRAORDINARY)

19TH APRIL, 2023

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 13th day of April, 2023.

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

Mamu Hage, IAS.

_________

Order

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

No. 8/8/2023-MAG/L&O/Sanq.Mun.Elect./1011

Whereas, the Goa State Election Commission has

announced the General Elections to the Sanquelim

Municipal Council in North Goa District is

scheduled to be held on 05-05-2023 and the Model

Code of Conduct has come into force on

announcement of the said schedule. As required by

the directions of the Goa State Election Commission,

District Administration is required to ensure free,

fair and peaceful conduct of the Sanquelim

Municipal Council 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

jurisdiction of Sanquelim Municipal Council in

North Goa District, to ensure a free, fair, peaceful

and orderly conduct of the Election process and to

prevent any sort of obstructions, annoyance or

injury to any person lawfully employed or for

conduct of 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 District.

Now Therefore, I, Mamu Hage, IAS, District

Magistrate, North Goa District, Panaji, in exercise of

the powers vested in me under Section 144 of Cr.

P.C. 1973 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 within the jurisdiction

of Sanquelim Municipal Council in North Goa

District with immediate effect until further orders;

Further, all the Arms License holders within the

jurisdiction of Sanquelim Municipal Council in

North Goa District are directed to deposit all their

fire arms at the nearest Police Stations of their

respective Jurisdiction immediately, on or before

21-04-2023. 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/sportspersons 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 13th day of April, 2023.

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

Mamu Hage, IAS.

______________________________

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

Price–Rs. 2.00

PRINTED AT GOVERNMENT PRINTING PRESS, PANAJI-GOA—24/160—4/2023.