Panaji, 13th June, 2024 (Jyaistha 23, 1946)

SERIES I No. 11

Reg. No. RNP/GOA/32/2024-2026

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

321

INDEX

Department

Notification/Order

Subject

Pages

1. a. Factories and

Ord.- 1/04(Part-I)/ADM-IFB/22-23/1249

Upgradation of post of Medical Inspector

321

Boilers

of Factories.

b. —do—

Not.- VI/BLR/(2)/A-117/(e)/IFB-2024/

DR–Goa Boilers (Penalty Adjudication and

321

/1256

Appeal) Rules, 2024.

c. —do—

Ord.- II/1/3/VII/BUD/2017-18/IFB/1291

Revision of Fees.

326

Labour

Not.- 24/06/2022/LAB

DR– The Goa Child and Adolescent Labour

328

(Prohibition and Regulation) (Amendment)

Rules, 2024.

Law & Judiciary

Ord.- SS(Law)AG/2007/1137

Modification of Fees.

336

Science and

Ord.- GWMC/Admn/01/2017-18/174

Giving effect to Goa Waste Management

336

Technology &

(Amendment) Act, 2023.

Waste Manage-

ment

Women & Child

Not.- 2-1761-SHW-2023-DW&CD/794

Amendment to the Scheme for Shelter

336

Development

Homes for Women (SHW).

GOVERNMENT OF GOA

Inspectorate of Factories and Boilers

–––

Order

1/04(Part-I)/ADM-IFB/22-23/1249

Sanction of the Government is hereby

accorded to upgrade the classification and pay

scale of the post of Medical Inspector of

Factories in the Inspectorate of Factories and

Boilers, Altinho, Panaji, Goa from Group ‘B’

Gazetted-Level 7 of the Pay Matrix under The

CCS (Revised Pay) Rules, 2016 to Group ‘A’

Gazetted-Level 10 of the Pay Matrix under

The CCS (Revised Pay) Rules, 2016 with

immediate effect.

The issues with the concurrence of the

Finance (Revenue & Control) Department,

under U. O. No. 140008884 dated 01-01-2024.

By order and in the name of the

Governor of Goa.

Anant S. Pangam, Chief Inspector of

Factories and Boilers & ex officio Joint

Secretary.

Panaji, 7th June, 2024.

–––

Notification

VI/BLR/(2)/A-117/(e)/IFB-2024/1256

The following draft rules which the

Government of Goa proposes to make in

exercise of the powers conferred by section

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322

29 read with sections 26A and 26B of the

Boilers Act, 1923 (Act No. 5 of 1923) are

hereby pre-published as required by section

31 of the said Act, for information of all the

persons likely to be affected thereby and

notice is hereby given that the said draft

Rules will be taken into consideration by the

Government after expiry of a period of thirty

days from the date of publication of this

Notification in the Official Gazette.

All objections and/or suggestions to the

said draft Rules may be forwarded to the

Secretary (Factories and Boilers), Government

of Goa, Secretariat, Porvorim, before the

expiry of the said period of thirty days so

that they may be taken into consideration at

the time of finalization of the said draft Rules.

DRAFT RULES

In exercise of the powers conferred by

section 29 of the Boilers Act, 1923 (Act 5 of

1923) and all other powers enabling it in this

behalf, the Government of Goa hereby makes

the following rules, namely:—

1. Short title and commencement.— (1)

These rules may be called the Goa Boilers

(Penalty Adjudication and Appeal) Rules,

2024.

(2) They shall come into force on the date

of their final publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) “Act” means the Boilers Act, 1923

(Act 5 of 1923);

(b) “Adjudicating Officer” means a

person authorized as the Adjudicating

Officer under sub-section (1) of section 26A

of the Act;

authorized as the Appellate Authority

under sub-section (1) of section 26B of the

Act;

(d) “Form” means a form appended to

these rules;

(e) “Inquiry” means the inquiry under

section 26A of the Act;

(f) “Inspector” means a person appointed

to be an Inspector under the Act;

(2) Words and expressions used and not

defined in these rules, but defined in the Act

shall have the same meanings respectively

assigned to them in that Act.

3. Adjudication proceedings under section

26A.— (1) On receipt of a report from the

Inspector, the Chief Inspector shall examine

the case according to the provisions of the

Act, rules and regulations made thereunder

under which the owner has been charged

as to whether the contraventions are

punishable with penalty under sections 22,

23, sub-section (1) of section 25 or section 30

of the Act or no contravention is established.

(2) If the Chief Inspector decides that such

contravention is punishable with penalty

under sections 22, 23, sub-section (1) of

section 25 or section 30 of the Act, he shall

cause and authorize the Inspector to file with

the Adjudicating Officer, an application for

adjudication of the offence alleged to have

been committed by the person in respect of

which the report has been received.

(3) On receipt of the communication from

the Chief Inspector authorizing the filing of

the adjudication application, the Inspector

shall file the application for adjudication with

the Adjudicating Officer for adjudication of

the contravention alleged to have been

committed.

(4) On receipt of the application for

adjudication from the Inspector, the

Adjudicating Officer shall commence the

inquiry proceedings under section 26A of

the Act.

(5) For holding an inquiry for the purpose

of adjudication under section 26A of the Act

as to whether any owner has committed

contravention of any of the provisions of

sections 22, 23, sub-section (1) of section 25

or section 30 the Act in respect of which the

contravention is alleged to have been

committed, the Adjudicating Officer shall, in

the first instance, issue a notice to such

owner giving him an opportunity for hearing

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323

in the matter within a period of thirty days

from the date of receipt of application.

(6) Such notice shall indicate the nature of

offence alleged to have been committed, the

sections of the Act alleged to have been

contravened, and the date of hearing of the

matter. A copy of the report of the Inspector

shall also be annexed to such notice.

(7) On the date fixed for hearing, the

Adjudicating Officer shall explain to the

owner or to his authorized representative, the

offence alleged to have been committed by

such person, indicating the provision of the

Act in respect of which the contravention is

alleged to have taken place.

(8) The Adjudicating Officer shall then give

an opportunity to such owner to produce

such documents or evidence as he may

consider relevant to the inquiry and if

necessary, the hearing may be adjourned to

a future date:

Provided that the Adjudicating Officer shall

pass the final order within 180 days from the

date of first hearing.

(9) If any person fails, neglects or refuses

to appear as required by sub-rule (5) and (6)

before the Adjudicating Officer, the

Adjudicating Officer may proceed with the

inquiry in the absence of such person, after

recording the reasons for doing so.

(10) If upon consideration of the evidence

produced before the Adjudicating Officer,

the Adjudicating Officer is satisfied that

the owner against whom the inquiry has been

conducted, is liable to penalty under any

of the provisions of sections 22, 23,

sub-section (1) of section 25 or section 30 the

Act, he may, by order in writing, impose such

penalty as he thinks fit, in accordance with

the provisions of the relevant section or

sections of the Act.

(11) If, however, the Adjudicating Officer

is satisfied that the owner against whom

the inquiry has been conducted for the

contravention of provisions of the Act, has

not been proved beyond doubt, the

Adjudicating Officer shall dismiss the case.

(12) Every order made under sub-rule (10)

shall specify the provisions of the Act in

respect of which the contravention has taken

place and shall contain brief reasons for

such decision. While imposing penalty,

the Adjudicating Officer shall have due

regard to the provisions of section 26A of the

Act. Such penalty shall be remitted into the

local treasury under the Head of Account

“59—Factories and Boilers; 0230—Labour and

Employment; 103—Fees for Inspection of

Steam Boilers; 01—Fees for Inspection of

Steam Boilers”.

(13) Every such order shall be dated and

signed by the Adjudicating Officer.

(14) The Adjudicating Officer shall send a

copy of the order made under sub-rules (10)

or (11) to the owner against whom the

inquiry was conducted and the inspector

who has filed the application for adjudication.

(15) A notice or an order issued under these

rules shall be served on the owner against

whom the adjudication proceedings were held

or inquiry has been conducted, in any of the

following manner:—

(i) by delivering or tendering it to

that owner or his duly authorized

representative; or

(ii) by sending it to the owner by

registered post or speed post to the address

of his place of residence or his last known

place of residence or the place where he

carried on or last carried on, business or

personally works or last worked for gain; or

(iii) if it cannot be served in the manner

specified under sub-rule (i) or (ii), by

affixing it on the outer door or some other

conspicuous part of the premises in which

that person resides or is known to have

last resided or carried on business or

personally works or has worked for gain

and written report thereof should be

witnessed by two persons.

4. Manner of preferring appeal under

section 26B of the Act.— (1) An appeal under

section 26B of the Act, arising out of a decision

of the Adjudicating Officer appointed under

section 26A of the Act, shall be filed with the

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324

Appellate Authority in Form ‘A’ hereto within

a period of sixty days from the date on which

the copy of the order against which the appeal

is filed, is received by the appellant.

(2) An appeal may be admitted after the

expiry of the period of sixty days if the

appellant satisfies the appellate authority that

he had sufficient cause for not preferring the

appeal within that period.

(3) The appeal shall be accompanied by a

copy of order of Adjudicating Officer issued

under sub-rule (10) of rule 3 and a clear

statement of facts appealed against, the

grounds for appeal and the relevant sections

of the Act.

(4) The appeal shall be presented in

triplicate by the appellant in person or by his

duly authorized agent in writing or by an

advocate duly appointed in this behalf or by

registered post or speed post and shall be

accompanied by fee of five hundred rupees

paid in the form of Court Fee Stamp affixed

on the Memorandum of appeal.

(5) The appeal sent by post shall be

deemed to have been presented to the

Appellate Authority on the day it is received.

(6) If on scrutiny, the appeal is found to be

in order, it shall be duly registered and given

a registration number.

(7) If on scrutiny, the appeal is found to be

defective, the same shall, after notice to the

party, be returned for compliance and if

within 21 days of receipt of such notice or

within such extended time as may be

granted, the defect is not rectified, the

Appellate Authority, may, for reasons to be

recorded in writing, decline to register the

appeal.

(8) A copy of the appeal shall be served by

the Appellate Authority to the Respondent

as soon as it is registered, by hand delivery

or by registered post or speed post.

(9) On admission of the appeal, the

Appellate Authority may call for the records

relating to the proceedings from the

respective Adjudicating Officer.

(10) The Respondent shall within thirty

days of service of notice of appeal, file reply

on the appeal to the Appellate Authority.

(11) The Appellate Authority may, after

giving the parties to the appeal an

opportunity of being heard, pass such orders

as he may think fit, confirming or setting aside

the order appealed against.

(12) The order of the Appellate Authority

shall be signed and dated. The Appellate

Authority shall have powers to pass interim

orders or injunction, subject to reasons to be

recorded in writing, which he considers

necessary in the interest of justice.

(13) A certified copy of every order

passed by the Appellate Authority shall be

communicated to the Adjudicating Officer

and to the parties, as the case may be.

(14) The order passed by the Appellate

Authority under sub-rule (11) shall be final

and binding.

_____

FORM ‘A’

[See rule 4(1)]

Memorandum of Appeal

Before the Appellate Authority

In the matter of The Boilers Act, 1923

AND

In the matter of Appeal against the Order

dated ________ passed by the

Adjudicating Officer, __________ (Place)

Appeal No. ____ of _____

... Appellant

... Respondent

For use in Appellate Authority’s office

Date of presentation of Appeal

Date of receipt by Post

Registration No.

Signature

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SERIES I No. 11

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325

INDEX

(Specimen Index)

Sr. No.

Exhibit Particulars No.

Page

Appeal Memo

Copy of the Show Cause Notice dated ________ issued by the Adjudicating Officer.

Copy of the Reply dated _________ submitted by the Appellant to the Show Cause Notice.

Copy of the Impugned Order dated ________

Appeal Memo

1. Particulars of the Appellant

(i) Name of the Appellant:

(ii) Address of the Appellant:

(iii) Address for service of all notices:

(iv) Mobile No. of the Appellant:

(v) Email address:

2. Particulars of the Respondent

(i) Name of the Respondent:

(ii) Address of the Respondent:

(iii) Address for service of all notices:

3. Jurisdiction of the Appellate Authority

The Appellant declares that the matter of Appeal falls within the jurisdiction of the Appellate

Authority.

4. Limitation

The Appellant further declares that the Appeal is within the limitation as specified in section 26B

of the Boilers Act, 1923.

5. Facts of the case

Here give a concise statement of facts of the case and grounds of Appeal against the specified order,

in a chronological order, each paragraph containing as neatly as possible as separate issue, fact

or otherwise. The facts of the case shall be presented in reference to the documents enclosed at

Sr. No. 10 of Appeal memo.

6. Relief(s) sought

In view of the facts mentioned in paragraph 5 and the grounds on which the impugned order

is challenged, the Appellant prays for the following relief(s) (Here specify the interim relief(s) sought

and the legal provision, if any, relied upon).

7. Interim relief(s) sought (if prayed for)

Pending the final decision in the Appeal, the Appellant seeks the following interim relief(s).

(Here specify the interim relief(s) prayed for and the reasons therefore).

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8. Matters not pending with any other court

The Appellant further declares that the matter regarding which this Appeal has been filed, is not

pending before any court of law or any other authority or any Tribunal.

9. Details of Index

An index containing the details of the documents relied upon is enclosed.

10. List of enclosures

(Signature of the Appellant)

VERIFICATION

I, _______________ son/wife/daughter of Mr. _______________ being the Appellant do hereby verify that

the contents of paragraphs 1 to 10 are true to my personal knowledge and belief and that I have not

suppressed any material fact.

(Signature of the Appellant)

Place:

Date:

By order and in the name of the Governor of Goa.

Anant S. Pangam, Chief Inspector of Factories and Boilers & ex officio Joint Secretary.

Panaji, 7th June, 2024.

_______

Order

II/1/3/VII/BUD/2017-18/IFB/1291

Sanction of the Government is hereby conveyed for revision of fees charged for

conducting industrial hygiene surveys in the factories conducted by Inspectorate of

Factories and Boilers, Altinho, Panaji (hereinafter referred to as the “Department”)

as specified in the Schedule annexed to this Order with immediate effect.

Fees charged for conducting industrial hygiene surveys in the factories conducted

by the Department as specified in the Schedule annexed to this Order shall be

increased by 5% at the beginning of each financial year with effect from 01-04-2025.

This issues with the concurrence of the Finance (Exp.) Department under FMS

No. 1400048407.

By order and in the name of the Governor of Goa.

Anant S. Pangam, Chief Inspector of Factories and Boilers & ex officio Joint Secretary.

Panaji, 12th June, 2024.

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Department of Labour

–––

Notification

24/06/2022/LAB

The following draft Rules which the

Government of Goa proposes to make in

exercise of the powers conferred by section

13 read with section 18 of the Child and

Adolescent

Labour

(Prohibition

and

Regulation) Act, 1986 (Central Act No. 61 of

1986), so as to amend the Goa Child Labour

(Prohibition and Regulation) Rules, 1994, are

hereby pre-published as required by

sub-section (1) of section 18 of the said Act

for information of all the persons likely to be

affected thereby and notice is hereby given

that the said draft rules will be taken into

consideration by the Government after expiry

of a period of 30 days from the date of

publication of this Notification in the Official

Gazette.

All objections and/or suggestions to the

said draft Rules may be forwarded to the

Secretary (Labour) before the expiry of the

said period of 30 days so that they may be

taken into consideration at the time of

finalization of the said draft Rules.

DRAFT RULES

In exercise of the powers conferred by

section 13 read with section 18 of the Child

and Adolescent Labour (Prohibition and

Regulation) Act, 1986 (Central Act No. 61 of

1986) and all other powers enabling it in this

behalf, the Government of Goa hereby makes

the following rules so as to amend the Goa

Child Labour (Prohibition and Regulation)

Rules, 1994, namely:—

1. Short title and commencement.— (1)

These Rules may be called the Goa Child

and Adolescent Labour (Prohibition and

Regulation) (Amendment) Rules, 2024.

(2) They shall come into force on the date

of their final publication in the Official Gazette.

2. Amendment of rule 1.— In rule 1 of the

Goa Child Labour (Prohibition and Regulation)

Rules, 1994 (hereinafter referred to as the

“principal Rules”), in sub-rule (1), for the

words “Child Labour”, the words “Child and

Adolescent Labour” shall be substituted.

3. Amendment of rule 2.— In rule 2 of the

principal Rules,—

(i) for clause (a) the following clause shall

be substituted, namely:—

‘(a) “Act” means the Child and

Adolescent Labour (Prohibition and

Regulation) Act, 1986 (61 of 1986);

(ii) clause (b) shall be omitted.

(iii) after clause (c), the following clause

shall be inserted, namely:—

“(ca) “Fund” means the Child and

Adolescent Labour Rehabilitation Fund

constituted under sub-section (1) of section

14B of the Act”;

(iv) after clause (d), the following clauses

shall be inserted, namely:—

“(da) “Inspector” means the Inspector

appointed by the Government under

section 17;

(db) “Municipality” means an institution

of self-Government constituted under

article 243Q of the Constitution of India;

(dc) “Panchayat” means a Panchayat

constituted under Article 243B of the

Constitution of India.”.

4. Insertion of new rules 2A to 2C.— After

rule 2 of the principal Rules, the following

rules shall be inserted, namely:—

“2A. Awareness on prohibition of

employment of child and adolescents in

contravention to Act.— The Government

to ensure that the children and adolescents

are not employed or permitted to work in

any occupation or process in contravention

to the provisions of the Act, through

appropriate measures, shall,—

(a)

arrange

public

awareness

campaigns using folk and traditional

media and mass media including

television,

radio,

internet

based

application and the print media to make

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the general public, including the

employers and the children and

adolescents who may be employed in

contravention to the provisions of the Act,

aware about the provisions of the Act,

and thereby discourage employers or

other persons from engaging children

and adolescents in any occupation or

process in contravention of the

provisions of the Act;

(b) promote reporting of enterprises

or instances of employment of children

or adolescents in contravention to the

provisions of the Act, by developing and

advertising easily accessible means of

communication to authorities specified

by the Government;

provisions of the Act, these rules and

any other information relating thereto in

railway coaches, at railway stations,

major bus stations, ports and port

authorities, airports and other public

places including shopping centers,

markets, cinema halls, hotels, hospitals,

panchayat offices, police stations,

resident welfare association offices,

industrial

areas,

schools,

court

complexes and offices of all authorities

authorised under the Act;

(d) promote through appropriate

method the inclusion of the provisions of

the Act in learning material and syllabus

in school education; and

(e) promote inclusion of training and

sensitisation material on the provisions

of the Act and the responsibilities of

various stakeholders thereto, in police,

judicial and civil service academies,

teachers training and refresher courses

and arrange sensitisation programmes

for other relevant stakeholders including,

panchayat members, doctors and

concerned officials of the Government.

2B. Child to help his family without

affecting education.— (1) Subject to the

provisions of section 3, a child may, without

affecting his school education, in any

manner,—

(a) help his family in his family

enterprise, subject to the condition that

such help,—

(i) shall not be in any hazardous

occupation or process listed in Part A

and B of the Schedule to the Act;

(ii) shall not include work or

occupation or process at any stage of

the production, supply or retail chain

that is remunerative for the child or

his family or the family enterprise;

(iii) shall only be allowed to help in

his family, or in a family enterprise,

where his family is the occupier;

(iv) shall not perform any tasks

during school hours or between 7 p.m.

and 8 a.m.;

(v) shall not be engaged in such

tasks of helping which hinders or

interferes with the right to education

of the child, or his attendance in the

school, or which may adversely affect

his education including activities

which are inseparably associated to

complete education such as homework

any

extracurricular

activity

assigned to him by the school;

(vi) shall not be engaged in any task

continuously without rest which may

make him tired and shall be allowed

to take rest to fresh his health and

mind, and a child shall not help for

more than three hours excluding the

period of rest in a day;

(vii) shall not include in anyway

substitution of the child for an adult

or adolescent while helping his family

or family enterprise; and

(viii) shall not be in contravention

to any other law for the time being in

force;

(b) aid or assist his family in such

manner which is not incidental to

any occupation, work, profession,

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manufacture or business, or for any

payment or benefit to the child or any

other person exercising control over the

child, and which is not detrimental to

the growth and overall development of

the child.

Explanation 1.— For the purposes of this

rule, only,—

(a) biological brother and sister of the

child;

(b) brother or sister of the child through

lawful adoption by the parents of the child;

and

parents of the child, shall be included for

comprising the family of a child.

Explanation 2.— For the purposes of

Explanation 1, it is hereby clarified that

preliminarily, any doubt as to whether a

person is a biological brother or sister, may

be removed by examining the pedigree of

such person issued by the concerned

Municipality or Panchayat, as the case may

be, or any other legal document issued by

concerned authority of the Government.

(2) Where a child receiving education in

a school remains absent consecutively for

thirty days without intimation to the

Principal or Head Master of the school,

then, the Principal or Head Master shall

report such absence to the concerned

nodal officer referred to in clause (i) of sub-

rule (1) of rule 25C for information.

2C. Child to work as an artist.— (1)

Subject to the provisions of section 3, a

child may be allowed to work as an artist

subject to the following conditions,

namely:—

(a) no child shall be allowed to work

for more than five hours in a day, and for

not more than three hours without rest;

(b) any producer of any audio-visual

media production or any commercial

event involving the participation of a

child,

shall

involve

child

participation only after obtaining the

permission from the District Magistrate

of the district where the activity is to be

performed and shall furnish to the District

Magistrate before starting the activity an

undertaking in Form E hereto and the

list of child participants, consent of

parents, name of the individual from the

production or event who shall be

responsible for the safety and security of

the child;

clause (b) shall be valid for six months

and shall clearly state the provisions for

education, safety, security and reporting

of child abuse in consonance with the

guidelines and protection policies issued

by the Government from time to time for

such purpose including—

(i) ensuring facilities for physical and

mental health of the child;

(ii) timely nutritional diet of the child;

(iii) safe, clean shelter with sufficient

provisions for daily necessities; and

(iv)

compliance

all

laws

applicable for the time being in force

for the protection of children, including

their right to education, care and

protection, and against sexual

offences;

(d) appropriate facilities for education

of the child to be arranged so as to

ensure that there is no discontinuity from

his lessons in school;

(e) one responsible person be

appointed for maximum of five children

for the production or event, so as to

ensure the protection, care and best

interest of the child;

(f) at least twenty percent of the

income earned by the child from the

production or event to be directly

deposited in a fixed deposit account in a

nationalised bank in the name of the

child which may be credited to the child

on attaining majority; and

(g) no child shall be made to

participate in any audio visual and sports

activity against his will and consent.

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(2) For the purposes of clause (c) to the

Explanation to sub-section (2) of section 3,

the expression “such other activity”

contained therein, shall mean—

(i) any activity where the child himself

is participating in a sports competition

or event or training for such sports

competition or event;

(ii) cinema shows on television,

internet, radio or any other media

including reality shows which includes

quiz shows and talent shows;

(iii) drama serials;

(iv) participation as anchor of a show

or events; and

(v) any other artistic performances

which the Government permits in

individual cases, which shall not include

street performance for monetary gain.”.

5. Omission of rule 3.— Rule 3 of the

principal Rules shall be omitted.

6. Substitution of rule 4.— For rule 4 of the

principal Rules, the following rule shall be

substituted, namely:—

“4. Hours of work.— No Adolescent shall

be employed or permitted to work in any

establishment or class of establishments to

which part III of the Act applies, for more

than 5 hours on any day.”.

7. Omission of rules 6 to 22.— Rules from

6 to 22 of the principal Rules shall be omitted.

8. Substitution of rule 23.— For rule 23 of

the principal Rules, the following rule shall

be substituted, namely:—

“23. Health measures and Safety

Education.— (1) Every establishment shall

be kept clean and free from effluvia arising

from any drain or other nuisance.

(2) Effective and suitable provisions shall

be made in every establishment for

securing

and

maintaining

healthy

atmosphere in work room by providing the

following facilities, namely:—

(a) adequate ventilation for the

circulation of fresh air; and

(b) such room temperatures as are

required for the workers for reasonable

conditions of comfort and prevention of

injury to the health keeping in view the

climatic conditions.

(3) In every establishment effective

arrangement shall be made to provide and

maintain at suitable points conveniently

situated for all Adolescent labourers

employed therein, a sufficient supply of

wholesome drinking water.

(4) In every establishment sufficient

latrines and urinals accommodations shall

be provided.

(5) Every establishment employing

Adolescent labour shall impart sufficient

safety education to the Adolescent labour

before their engagement.”.

9. Amendment of rule 24.— In rule 24 of

the principal Rules, in sub-rule (1), for the

word “children”, the word “adolescents”

shall be substituted.

10. Insertion of new rule 24A.— After rule

24 of the principal Rules, the following rule

shall be inserted, namely:—

“24A. Payment of amount to child or

adolescent from and out of Child and

Adolescent Labour Rehabilitation Fund.—

(1) The amount credited, deposited or

invested, as the case may be, under

sub-section (3) of section 14B, to the Child

and Adolescent Labour Rehabilitation Fund

and the interest accrued on it, shall be paid

to the child or adolescent in whose favour

such amount is credited in the following

manner, namely:—

(i) the Inspector or the nodal officer

having jurisdiction shall, under his

supervision, ensure that an account of

such child or adolescent is opened in a

nationalised bank and inform the bank

in which the amount of the Fund is

deposited or, as the case may be, to the

officer responsible to invest the amount

of the Fund under sub-section (3) of

section 14B;

(ii) the interest accrued on the

proportionate amount of the Fund in

favour of the child or adolescent shall be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 11

13TH JUNE, 2024

332

biannually transferred to the account of

the child or adolescent, as the case may

be, by the bank or officer responsible to

invest the amount under information to

the Inspector;

(iii) when the concerned child or

adolescent completes the age of eighteen

years, then, as soon as may be possible

forthwith or within a period of three

months, the total amount credited,

deposited or invested in favour of the

child along with interest accrued thereon

including the interest remaining in the

bank or remaining so invested under

sub-section (3) of section 14B, shall be

transferred to the said bank account of

child or adolescent, as the case may be;

and

(iv) the Inspector shall prepare a

report of the amount transferred under

clause (ii) and clause (iii) with particulars

of the concerned child or adolescent

sufficient to identify him and send a copy

of the report annually to the Government

of Goa for information.

(2) Any amount recovered by way of fine

or for composition of offences in pursuance

of an order or judgement of a Court in

favour of a child or adolescent for the

contravention of the provisions of the Act,

shall also be deposited in the Fund and

shall be spent in accordance with such

order or judgement.”.

11. Substitution of rule 25.— For rule 25 of

the principal Rules, the following rule shall

be substituted, namely:—

“25. Certificate of age.— (1) Where an

Inspector has an apprehension that any

adolescent has been employed in any of

the occupation or processes in which he is

prohibited to be employed under section

3A of the Act, he may require the employer

of such adolescent to produce to the

Inspector a certificate of age from the

appropriate medical authority.

(2) The appropriate medical authority

shall, while examining an adolescent

for issuing the certificate of age under

sub-rule (1), take into account:—

(i) the Aadhar card of the adolescent,

and in the absence thereof;

(ii) the date of birth certificate from

school or the matriculation or equivalent

certificate

from

the

concerned

examination Board of the adolescent, if

available, and in the absence thereof;

(iii) the birth certificate of the

adolescent given by a corporation or a

municipal authority or a panchayat, and

only in the absence of the methods

specified in clauses (i) to (iii), the age

shall be determined by such medical

authority through an ossification test

or any other latest medical age

determination test.

(3) The ossification test or any other

latest medical age determination test

shall be conducted on the order of the

appropriate authority of the rank of Labour

Commissioner as may be specified by the

Government of Goa in this behalf and such

determination shall be completed within

fifteen days from the date of such order.

(4) The certificate of age referred to in

sub-rule (1) shall be issued in Form C.

(5) The charges payable to the medical

authority for the issue of the certificate of

age shall be same as specified by the

Government of Goa, as the case may be,

for their Medical Boards.

(6) The charges payable to the medical

authority shall be borne by the employer

of the adolescent whose age is determined

under this rule.

Explanation.— For the purposes of this

rule,—

(i) the “medical authority” means a

Government medical doctor not below the

rank of an Assistant Surgeon of a District

or a regular doctor of equivalent rank

employed in Employees’ State Insurance

dispensaries or hospitals;

(ii) “adolescent” means an adolescent as

defined in clause (i) of section 2 of the

Act.”.

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12. Insertion of new rules 25A to 25E.—

After rule 25 of the principal Rules, the

following rules shall be inserted, namely:—

“25A. Persons to file complaint.— Any

person who may file a complaint under the

Act for commission of any offence include

school teachers and representatives

from school management committee,

child protection committee, Panchayat or

Municipality, who shall be sensitised to file

complaint, in the event that any of students

in their respective schools is employed in

contravention to the provisions of the Act.

25B. Manner of compounding the

offence.— (1) An accused person,—

(i) who commits an offence first time

under sub-section (3) of section 14; or

(ii) who being parent or a guardian,

commits an offence under the said

section, may file application to the

District Magistrate having jurisdiction for

compounding

the

offence

under

sub-section (1) of section 14D.

(2) The District Magistrate shall after

hearing the accused person and the

Inspector concerned on application filed

under sub-rule (1), dispose of the

application and if the application is

allowed,

issue

the

certificate

compounding, subject to—

(i) the payment of a sum of fifty

percent; of the maximum fine provided

for such offence within a time to be

specified in such certificate; or

(ii) the payment of an additional sum

of twenty-five percent; of the maximum

fine provided for such offence together

with the compounding amount specified

under clause (i), if the accused person

fails to pay the compounding amount

under the said clause within the

specified time, and such delayed

payment shall be made within a further

period as may be specified by the District

Magistrate.

(3) The compounding amount shall be

paid by the accused person to the

Government of Goa.

(4) If the accused person fails to pay the

compounding amount under sub-rule (2),

then, the proceeding shall be continued as

specified under sub-section (2) of section

14D.

25C. Duties of District Magistrate.— (1)

The District Magistrate shall,—

(i) specify such officers subordinate to

him, as he considers necessary, to be

called the nodal officers, who shall

exercise all or any of the powers and

perform all or any of the duties of the

District Magistrate conferred and

imposed on him by the Government of

Goa under section 17A .

(ii) assign such powers and duties, as

he thinks appropriate, to a nodal officer

to be exercised and performed by him

within his local limits of jurisdiction as

subordinate officer;

(iii) preside over as chairperson of the

Task Force to be formed in a district

consisting of—

(a) Inspector appointed under

section 17 for the purposes of his local

limits of jurisdiction;

(b) Superintendent of Police for the

purposes of his local limits of

jurisdiction;

the purposes of his local limits of

jurisdiction;

(d) Nodal officer referred to under

clause (i) for the purposes of his local

limits of jurisdiction;

(e) Assistant Labour Commissioner

for the purposes of his local limits of

jurisdiction;

(f) two representatives each from a

voluntary organisation involved in

rescue and rehabilitation of employed

children in the district on rotation

basis for a period of two years;

(g) a representative of the District

Legal Services Authority to be

nominated by the District Judge; and

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(h) a member of the District Anti-

-trafficking Unit;

(i) Chairperson of the Child Welfare

Committee of the District;

(j) District Child Protection Officer

in the District under the Integrated

Child Protection Scheme of the

Ministry of the Government of India

dealing with women and child

development;

(k) District Education Officer;

(l) any other person nominated by

the District Magistrate;

(m) Secretary of the Task Force shall

be any of the nodal officers referred to

in clause (i) and nominated by the

Chairperson.

(2) The Task Force referred to in clause

(iii) of sub-rule (1) shall meet at least once

in every month and shall make a

comprehensive action plan for conducting

the rescue operation, taking into account

the time available, point of raid in

accordance with the law for the time being

in force, confidentiality of the plan,

protection of victims and witnesses and the

interim relief in accordance with the

guidelines for rescue and repatriation

issued by the Government of Goa from time

to time; and the Task Force shall also cause

to upload the minutes of such meeting on

the portal created for such purpose by the

Government.

(3) In addition to the duties referred to

in sub-rule (1), the District Magistrate shall

ensure through nodal officers that the

children and adolescents who are

employed in contravention of the provisions

of the Act are rescued and shall be

rehabilitated in accordance with the

provisions of—

(i) the Juvenile Justice (Care and

Protection of Children) Act, 2015 (2 of

2016) and the rules made there under;

(ii) the Bonded Labour System

(Abolition) Act, 1976 (19 of 1976);

(iii) the Central Sector Scheme for

Rehabilitation of Bonded Labourers,

2016;

(iv) any National Child Labour Project;

(v) any other law or scheme for the

time being in force under which such

children or adolescents may be

rehabilitated; and subject to—

(I) the directions, if any, of a court

of competent jurisdiction;

(II) the guidelines for rescue and

repatriation issued by the Government

of Goa from time to time in this regard.

25D. Duties of Inspectors.— An Inspector

appointed by the Government under

section 17, for the purposes of securing

compliance with the provisions of the Act,

shall—

(i) comply with the norms of Inspection

issued by the Government from time to

time;

(ii) comply with the instructions issued

by the Government from time to time for

the purposes of securing the compliance

with the provisions of the Act; and

(iii) report the Government quarterly

regarding the inspection made by him

for the purposes of securing the

compliance with the provisions of the Act

and the action taken by him for such

purposes.

25E.

Periodical

inspection

and

monitoring.—The Government shall create

a system of monitoring and inspection for

carrying into effect the provisions of section

17, which may include,—

(i) the number of periodical inspection

to be conducted by the Inspector of the

places at which the employment of

children is prohibited and hazardous

occupations or processes are carried out;

(ii) the intervals at which an Inspector

shall report

the

Government

complaints received to him relating to

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335

the subject matter of inspection under clause (i) and the details of action taken by him

thereafter;

(iii) maintenance of record electronically or otherwise of—

(a) children and adolescent found to be working in contravention of the provisions

of the Act including children who are found to be engaged in family or family enterprises

in contravention of the Act;

(b) number and details of the offences compounded;

(d) details of rehabilitation services provided to children and adolescents under the

Act.”.

13. Omission of rules 26, 27 and 28.— Rules 26, 27 and 28 of the principal Rules shall be

omitted.

14. Omission of Form A.— Form A appended to the principal Rules shall be omitted.

15. Amendment of Form B.— In Form B appended to the principal Rules, in the heading

of column 2, for the words “Name of child”, the words “Name of adolescent” shall be

substituted.

16. Insertion of new Form E.— After Form D appended to the principal Rules, the following

Form shall be inserted, namely:—

“Form E

[See rule 2C(b)]

Undertaking under rule 2C(b) of the

Goa Child and Adolescent Labour (Prohibition and Regulation) Rules, 1994

I .......................................................... producer of ............................................................ an audio visual media production

or organiser of ................................................................... a commercial event, involving the participation of the

following child/children, namely:—

Sl. No.

Name of the Child/

Parent’s/Guardian’s

Address

/Children

Name

do hereby undertake that in the course of the involvement of the above mentioned child/children in the

event .................................................................................................. (specify the event), there shall be no violation of

any provision of the Goa Child and Adolescent Labour (Prohibition and Regulation) Act, 1996 (61 of 1986)

and the Child and Adolescent Labour (Prohibition and Regulation) Rules, 1994 and full care shall be taken

of the physical and mental health and other requirements of the child/children so that he/they should

not feel any inconvenience. I also undertake that during the event, all laws applicable for the time being

in force for the protection of children, including their right to education, care and protection, and legal

provisions against sexual offences will be complied.

Dated:

(Name and Signature of the Producer).”.

By order and in the name of the Governor of Goa.

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 10th June, 2024.

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Department of Law & Judiciary

Law (Establishment) Division

–––

Order

SS(Law)AG/2007/1137

Read: 1) Office Memorandum No. 4-5-87/

/LD(1)/1746 dated 11-12-2008.

2) Order No. SS(LAW)/AG/2007/543

dated 08-04-2013.

3) Addendum No. SS(LAW)/AG/

/2007/561 dated 03-03-2014.

In partial modification of Order read as

Sr. No. 2 as above, the Government of Goa is

please to modify the fees for appearance to

the Ld. Advocate General of the State of Goa

before the Hon’ble High Court of Bombay at

Goa, shall be as follows, with effect from

01-04-2024.

Sr.

Particulars

Fees of Ld. Advocate

No.

General of Goa w.e.f.

01-04-2024

Fees for appearance

Rs. 8,00,000/- (Rupees

before the High Court Eight lakhs only) per

month, irrespective of

number of appearances

before the Hon’ble

High Court.

The other fees prescribed in the above

read Office Memorandum, Order and

Addendum shall remain unchanged, until

further Orders.

This issues with the concurrence of

Finance (Exp.) Department vide their U. O.

No. 1442632 dated 22-02-2024 and the

Council of Minister’s decision on the Table

Item No. 17 in the XLIInd Cabinet Meeting

held on 23-02-2024.

By order and in the name of the

Governor of Goa.

Amir Y. Parab, Under Secretary, Law (Estt.).

Porvorim, 7th June, 2024.

Department of Science and Technology

and Waste Management

–––

Notification

GWMC/Admn/01/2017-18/174

In exercise of the powers conferred by

sub-section (2) of section 1 of the Goa Waste

Management (Amendment) Act, 2023 (Goa

Act 37 of 2023), the Government of Goa hereby

appoints the 05th day of June, 2024 as the

date on which the provisions of the said Act

shall come into force.

By order and in the name of the

Governor of Goa.

Ankit Yadav, IAS, Director (S&T&WM) &

ex officio Joint Secretary.

Porvorim, 31st May, 2024.

———uuu———

Department of Women & Child

Development

Directorate of Women & Child Development

–––

Notification

2-1761-SHW-2023-DW&CD/794

The Scheme for Shelter Homes

for Women (SHW)

Read:- (1) Notification No. 2-105(17)-2006/

/DW&CD dated 21-09-2006.

(2) Amendment Notification No. 2-105

(17)-2006/DW&CD dated 22-03-2010.

The Government is pleased to amend the

Scheme Shelter Home for Women (SHW) 2006

as under:-

The scheme for SHW extends temporary

shelter and rehabilitation to those women

who have no social support systems due to

family problems, mental strains, social

ostracism, exploitation and other causes. It

creates a space for women to socially and

economically equip themselves to face the

challenges. The services extended in these

homes include medical care, psychiatric

OFFICIAL GAZETTE — GOVT. OF GOA

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treatment, case work services, occupational therapy, education cum vocational training

recreational facilities, etc.

Objectives:—

• To provide temporary shelter and support to women who have no family or social

support systems to rely on.

• To rehabilitate the women socially and economically by provision of skill training,

counseling.

Implementing Agencies:— Non Governnment Voluntary Organization, registered under the

Registration of Societies Act, 1860, a public Trust registered under any law for the time being

in force, local bodies, Govt. bodies or other bodies as specified by the Government.

Project Sanctioning Authority:— The Secretary (Women & Child Dev.), Government of Goa,

after considering the proposal submitted by the Director, Women & Child Development may

sanction the grant under this Scheme.

Target Group/Beneficiaries:—

• Those who are being forced into prostitution.

• Those who, as a result of family tension or discord, are made to leave their homes

without any means of subsistence and have no social protection from exploitation and/or

facing litigation on account of marital disputes.

• Those who have been sexually assaulted and are facing the problem of re-adjustment in

the family or society.

• Victims of mental maladjustment, emotional disturbances and social ostracism.

• Woman who is subjected to any act of domestic violence.

• Those who escape from their homes due to family problems, mental/physical treatment

and counseling for their rehabilitation and re-adjustment in family/society.

• Children accompanying the mother or born in the Institution may be permitted to stay

in the Home only up to the age of 7 years, after which they may be transferred to Children’s

Institutions or provided foster care facilities.

Pattern of Assistance:—

Item

Per month

Annual

A-Salary (Shelter Home Management)

(Amount in Rupees)

Women Protection Officer

16,000

1,92,000

Training and Rehabilitation Officer

10,000

1,20,000

Medical Doctor (Part time)

8,000

96,000

Counsellor (Full time)

12,000

1,44,000

Clerk (Typing, Accounting and store keeper)

6,000

72,000

Chowkidar/Peon (two persons per Home)

4,000 per person

96,000

Caregivers (3 persons per Home)

8,000 per person

2,88,000

Total

84,000

10,08,000

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B-Other Recurring

Office Contingencies

……

50,000

Medical Expenses

……

24,000

Maintenance of Residents @ (Rs. 1000 per resident

1,000

Depends on actual

per month for minimum 20 and maximum 35 residents)

per resident per month

No. of residents

Rehabilitation Expenses

…

40,000

Rent #

12,000

1,44,000

Maintenance and dietary allowance @ Rs. 500/- per

500 per

Depends on actual

child, per month, if any (maximum 7 children)

child per month

No. of children

C-Non-recurring expenditure on Shelter Home to be released for every five years

Item

Per month

Annual

Assistance for office furniture, beds, bedding, machines

1,00,000

and other items of permanent use by the residents

Recreation & Development activities (TV, radio and

50,000

Indoor Games)

Total

1,50,000

Recurring grant will be released in two installments or at one time. Non-recurring grant

will be released for every five years.

For this scheme there will be a State Level Committee which will consist of:

(i)

Minister (Women & Child Development)

— Chairperson

(ii)

District Magistrate (North & South)

— Members

(iii)

Superintendent of Police (Crime)

— Member

(iv)

NGO implementing the Scheme

— Member

(v)

Chairperson/Sarpanch of Village Panchayat/Municipality

in whose jurisdiction the SHW is situated

— Member

(vi)

Chairperson of Goa State Commission for Women

— Member

(vii)

Director of Women & Child Development

— Member

Tasks to be performed by this Committee are:— (i) To monitor and review the functioning

of these Homes;

(ii) To suggest steps for sustainable rehabilitation of the inmates and to review the measures;

(iii) To review the steps for the safety of inmates;

(iv) To review the facilities available to the inmates;

(v) To encourage community participation in these efforts; and

(vi) To link other schemes with these Homes.

District Level Monitoring Committee:— For this scheme there will be a District Level Monitoring

Committee which will consist of:

District Programme Officer

— Chairperson

Chief Medical Officer

— Member

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Police Inspector of respective — Member

jurisdiction

Representative of District

— Member

Legal Service Authority,

North Goa

Representative of the

— Member

Municipal Corporations/

/Panchayati Raj Institutions

Probation Officer, Dte. of

— Member

Women & Child Development

Social Welfare Officer, Dte. of

Women & Child Development — Member

Secretary

Tasks to be performed by this Committee

are:— (i) To ensure smooth functioning of

Shelter Homes receiving grants under the

scheme, identifying gaps and suggesting

steps that would lead to their better

functioning.

(ii) The committee shall meet at least once

in a quarter.

It should be ensured that at least

two members of the District Level

Monitoring Committee shall be women. Each

implementing agency will submit the

Quarterly Progress Report (QPR) of Shelter

Home for Women, list of Rehabilitated Women

and list of inmates etc. in the prescribed

format to the District Level Monitoring

Committee.

Eligibility conditions:—

• The organization should have a properly

constituted Managing Body with its powers,

duties and responsibilities clearly defined and

laid down in written.

• The organization should have been

registered under some enactment.

• The organization should have experience

of working in the field of women and child

welfare or related area or should show

evidence of competence to take up the

proposed scheme.

• Its financial position should be sound.

• It should have facilities resources,

experience and personnel to initiate the

scheme for which assistance is sought.

• It should not be run for profit to any

individual or body of individuals.

• Its services should be open to all without

distinction of caste, religion or language.

Other conditions:—

• The organization shall utilize the grant

for the purpose for which it is granted.

• The sanctioning authority may sanction

the grant at one time or in installments

depending upon the credibility of the

organization.

• The organization shall not refuse the

admission of the woman beneficiary

recommended by the Government.

• The Home and its record shall be open

for inspection to be conducted by the

Government.

• Sanctioning of recurring grant subsequent

year/installment depends upon the proper

utilization of grant sanctioned earlier.

• The organization will not receive a grant

from any other source for the same purpose

and activity. However, there would be no

objection if funds for the additional

beneficiaries or supportive services are

obtained from some other source.

Procedure for Applying:— Proposal in the

prescribed application form should be

submitted for sanctioning grants under the

scheme to:

The Director,

Directorate of Women & Child Development,

2nd Floor, Old Education Department

Building,

18th June Road, Panaji, Goa.

Documents to be enclosed:— As in item 14

of the application form.

Inspection:— Inspection of the Shelter

Home shall be conducted by the Social

Welfare Officer, Directorate of Women & Child

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Development, on submission of application complete in all respects by the Shelter Home

officials.

Application form for submitting proposal for sanction of grant

under the Scheme for Shelter Homes for Women

Part-I

(To be completed by the Applicant)

Name of the Institution/Organization: ____________________

Objectives of the Institution/Organization: _____________________

Brief history of the Institution/Organization and its

objectives and activities:

_____________________

Whether registered under Indian Societies Registration

Act (Act XXI of 1860):

_____________________

Whether located in its own/rented building:

_____________________

Whether the project is likely to be assisted by some

other official or non-official source (if so give details

thereof):

_____________________

Justification for the project including its important

features which entitle it to Assistance under the

Scheme:

_____________________

Total estimated expenditure on the Shelter Home for

Women for one year:

(i) Non-recurring-

Rs. __________________

(ii) Recurring-

Rs. __________________

(iii) Period for which recurring assistance is required-

Amount of grant requested, estimated expenditure:

(i) Non-recurring- Rs. _____________________

(ii) Recurring- Rs. _____________________

(iii) Period for which recurring assistance is required-

10. Is accommodation available for running the Shelter

_____________________

Home for Women or temporary shelter is proposed to be

improvised? Proposed location of Shelter Home for

Women with full address:

11. Whether the institution is in a position to meet excess

_____________________

expenditure? If so, indicate the sources:

12. List of papers/statements to be attached:

(i) Prospectus or a note giving aims and objects of the

_____________________

Institution/Organization-

(ii) Constitution of the Institution/Organization-

_____________________

(iii) Constitution of the Board of Management with brief

_____________________

particulars of each members-

(iv) Latest available annual report, audited accounts for

_____________________

the last two years along with a copy of the certified

balance sheet for the previous year-

(v) A statement giving details (year, purpose, amount,

_____________________

etc.) of assistance/grant received during the last two

years from the Central/State Government Institutions

/N.G.O./foreign assistance including requests made

OFFICIAL GAZETTE — GOVT. OF GOA

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thereof to any of those or any other organization for

the project under consideration-

(vi) A statement giving item-wise and year-wise details of

_____________________

estimated recurring and non-recurring expenditure on

the proposed project-

(vii) List of additional papers, if any- _____________________

(viii) Additional information, if any- _____________________

(ix) Does the Institution/Organization work for profit to

_____________________

any individual or body of individual?

Signature of Secretary/President

Part-II

(To be filled by the Social Welfare Officer in the Directorate of Women & Child Development)

Recommendations

The application from ______________________________________________________________ institution/

/organization) is recommended with following comments:

That the undersigned has visited the institution/organization and a copy of the report is attached/

/has not visited the institution/organization.

II. That the institution/organization is recognized and/or registered (under Indian Societies

Registration Act, 1860) and the registration is valid.

III. That the application has been examined and that it is found to be covered under the scheme.

IV. That the scheme for which the application is being recommended is absolutely essential for

women and girls who have no social or family support.

V. That the work of the institution/organization has been reported (whether such reporting is necessary)

as satisfactory during the last two years.

VI. That the institution/organization is not run for profit to any individual or a body of individuals.

VII. That assistance has/has not been given by the State Govt.

Signature of Social Welfare Officer

(Office Stamp)

This notification shall come into force with effect from the FY 2024-2025 onward subject to

department having adequate funds against the head.

This issues with approval of the Government vide No. 358 dated 27-12-2023 and concurrence

of the Finance (Exp.) Department vide U. O. No. 1400096502 dated 26-02-2024.

By order and in the name of the Governor of Goa.

Sangeeta Porob, Director & ex officio Joint Secretary (Women & Child Development).

Panaji, 14th May, 2024.

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