SERIES II No. 29

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

Panaji, 17th October, 2024 (Asvina 25, 1946)

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

601

GOVERNMENT OF GOA

Department of Archaeology

––

Order

No. 1(66)/HP/2023-24/Archaeology-86

Government of Goa is pleased to co-opt the

following members to a Monitoring Committee for

drafting of Heritage Policy for the State of Goa

appointed vide order No. 1(66)/HP/2023-2024.

Archaeology-561 dated 20-11-2023.

The co-opted members to a Monitoring Committee

is as under:

1. Director of Museum, Goa

— Member.

2. Representative of Department

— Member.

of Marine Archaeology, National

Institute Oceanography, Goa

3. Representative of Department

— Member.

of Geology, Goa University

4. Nirmal U. Kulkari, Herpetologist — Member.

Scope of work of Monitoring Committee is as

follows:

1. To give inputs for the Heritage Policy.

2. To supervise and scrutinize the draft of

Heritage Policy.

3. To evaluate suggestions and objections

received from domain experts and general

public in respect of the Heritage Policy.

Note:- There is one Extraordinary issue to the Official

Gazette, Series II No. 28 dated 10-10-2024 namely,

Extraordinary dated 14-10-2024 from pages

599 to 600 regarding Notifications from

Department of Finance and Goa State Election

Commission.

4. To recommend the draft of Heritage Policy for

confirmation of the Government.

This is issued with the approval of the

Government vide U.O. No. 05 dated 10-05-2023.

Dr. Nilesh B. Fal Dessai, Director (Archaeology).

Panaji, 27th May, 2024.

——————

Directorate of Art & Culture

––

Order

No. DAC/Accts/Comm.TA/2024-25/2970

In exercise of the powers conferred under Clause 10 (h)

of the Constitution of Tiatr Academy, Panaji-Goa,

Government is pleased to nominate the following

Members on General Council of Tiatr Academy,

Panaji-Goa with immediate effect.

1. Shri Ives Tavares, r/o H. No. 215/A, Santa Cruz,

Ilha De Rachol, Salcete, South Goa.

2. Shri Menino Fernandes @ Menino De Bandar,

r/o H. No. 1393/A, Mazilvaddo, Benaulim,

Salcete, Goa.

3. Shri William Fernandes, r/o Curchorem,

Quepem, South Goa.

4. Shri Antonio Felipe Rodrigues, r/o H. No. 86,

Sirvodem, Navelim, South Goa.

5. Shri Joe Rose (Jose Maria Mathias Ignatius

Thomas D’Souza), r/o Olaulim, Bardez-Goa.

6. Shri Mario Do Socorro Hilario Rebello, r/o

Palolem, Canacona, Goa.

7. Shri Amroj Fernandes, r/o Madhlamaz,

Mandrem, Pernem-Goa.

8. Smt. Ana Maria Aplonia Rebello, r/o H. No. 486,

Podxiro, Alto, Bogmalho, Goa.

602

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

9. Shri Pradeep Anant Naik, r/o H. No. 142,

Chaitanya Nagar, Gaundalim, Cumbharjua,

Tiswadi-Goa.

10. Shri Premanand Lotlikar, r/o H. No. 142,

Chinchmorod, Vanelim, Colva, Salcete-Goa.

By order and in the name of the Governor of

Goa.

Sagun R. Velip, Director (Art & Culture) &

ex officio Jt. Secretary.

Panaji, 9th October, 2024.

——————

Department of Food and Drugs

Administration

Directorate of Food and Drugs Administration

––

Order

No. 147/DFDA/RTI-INF-ACT/Vol. IV/2024-25/2960

In supersession of earlier order No. 147/DFDA/

RTI-INF-ACT/Vol.III/2021-22/4424 dated 29-10-2021

and order No. 147/DFDA/RTI-INF-ACT/Vol-III/2022-

-23/3482 dated 20-07-2022 in pursuance of Clause 5

of the Right to Information Act, 2005 (hereinafter

referred to as “the said Act”), the following officers

are hereby appointed for the Directorate of Food &

Drugs Administration, as Public Information Officer

and Assistant Public Information Officer to deal

with the applications received from the public

under the said Act.

Sr.

Name & designation

Roles/

No.

of the Officers

/Responsibilities

1. Smt. Swati G. Lad,

Public Information

Assistant Drugs Controller Officer

All matters related

to the Department.

2. Smt. Kavita Surlakar,

Assistant Public

Assistant Drugs Controller Information Officer

All matters related

to the Department.

3. Shri Richard Luis Noronha, Assistant

Public

Designated Officer

Information Officer

All matters related

to the Department.

The above referred Officers shall exercise and

perform the powers/functions laid down under the

RTI Act, 2005 with immediate effect.

In the absence of the Public Information Officer,

the Assistant Public Information Officer shall

function as the Public Information Officer with

respect to the Roles and Responsibilities allotted to

them.

Shweta S. Dessai, Director, Directorate of Food &

Drugs Administration.

Bambolim, 9th August, 2024.

——————

Department of General Administration

––

Notification

No. 2/1/2017-GAD-III/3967

In pursuance to sub-section (1) of Section 40A of

the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of

1994), the Government of Goa hereby declares

Sunday, the 20th October, 2024 (Asvina 28, Saka

1946) as a paid holiday being the ‘polling day’ for

the Bye-Election to Ward No. VII of Village

Panchayat Orlim, Taluka Salcete and Ward No. VI of

Village Panchayat Morpirla, Taluka Quepem, South

Goa District and General Election to Village

Panchayat Harvalem, Taluka Bicholim, North Goa

District in the State of Goa.

The aforesaid paid holiday shall be in addition to

the holidays indicated in the Government

Notification No. 37/4/2023-GAD-III/3993 dated

25-10-2023, published in the Official Gazette,

Series II No. 31 dated 02-11-2023, to the following

workers, provided they are the voters for the

aforesaid Bye-Election:-

(i) Industrial workers of the State of Goa;

(ii) Daily wage workers of the Government

Departments and State Government Industrial

Departments;

(iii) Commercial and industrial workers of private

establishments in the State of Goa;

(iv) Workers of all private establishments;

(v) Daily wage/casual workers employed in any

business, trade, industrial undertakings or any

other establishments.

By order and in the name of the Governor of

Goa.

Shreyas Dsilva, Under Secretary (GA-I).

Porvorim, 8th October, 2024.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

603

Inspectorate of Factories and Boilers

––

Order

No. 2/05/(Part-III)/ADM-IFB/23-24/2693

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/1/5/19(1)/2023/205 dated 24-09-2024, Government

is pleased to appoint Shri Nandan Shashikant

Sawaikar to the post of Inspector of Boilers (Group

“B” Gazetted) in the Inspectorate of Factories and

Boilers, Altinho, Panaji, Goa on deputation basis in

the Level 7 of the Pay Matrix of The CCS (Revised

Pay) Rules, 2016 with immediate effect.

The period of deputation shall be initially for a

period of 03 years and shall be regulated as per the

standard terms of deputation as contained in the

O.M. No. 13/4/74-PER dated 20-11-2013 issued by

the Department of Personnel and as amended from

time to time.

The appointment is made against the vacancy

occurred due to retirement on superannuation of

the incumbent Shri Rohidas T. Korgaonkar holding

the said post.

By order and in the name of the Governor of

Goa.

Anant S. Pangam, Chief Inspector of Factories &

Boilers and ex officio Joint Secretary.

Panaji, 8th October, 2024.

—–––––—

Order

No. 2/05/(Part-VI)/ADM-IFB/2024-25/2694

Consequent upon retirement on superannuation

of Shri Ivan F. Rodrigues, Inspector of Boilers on

29-02-2024, Shri Geetarth Shanu Velip, Craft

Instructor (Boiler) shall hold the charge of the post

of Inspector of Boilers in addition to his own duties

with immediate effect and until further orders.

By order and in the name of the Governor of

Goa.

Anant S. Pangam, Chief Inspector of Factories &

Boilers and ex officio Joint Secretary.

Panaji, 8th October, 2024.

Department of Labour

––

Notification

No. 28/02/2024-LAB/Part-VI/623

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

26-09-2024 in Case No. IT/77/1996 is hereby

published as required under Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 8th October, 2024.

––––

IN THE INDUSTRIAL TRIBUNAL

AND LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mrs. Vijayalaxmi Shivolkar, Hon’ble

Presiding Officer)

Case No. IT/77/1996

Shri Gurudas Naik,

Rep. by the Goa MRF Employee’s Union

Dhavalimol, Kavlem,

Ponda-Goa …… Workman/Party I.

V/s

M/s. MRF Limited

Tisk, Usgao

Ponda-Goa

…… Employer/Party II.

Workman/Party I represented by Learned. Adv. Ms.

S. Narvekar.

Employer/Party II represented by Adv. Shri S. B.Karpe

AWARD

(Delivered on this the 26th day of the month of

September of the year 2024)

By Order dated 4th December, 1996 bearing

No. IRM/Con/PONDA/(102)/1996, the Government

of Goa in exercise of powers conferred by Section 10(1)(d)

of the Industrial Disputes Act, 1947 (for short ‘The

Act’), has referred the following dispute to this

Tribunal for adjudication.

SCHEDULE

“(1) Whether the action of the management of M/s.

MRF Limited, Ponda-Goa, in terminating the

services of their workman Shri Gurudas Naik,

with effect from 16-08-1996, is legal and

justified?

604

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

(2) If not, to what relief the workman is entitled?”

2. Upon receipt of the reference, it was registered

as IT/77/1996 and registered A/D notices were

issued to both the Parties. Pursuant to service of

notice, Party I filed his Claim Statement at Exhibit 3.

3. In brief, the case of the Workman/Party I is that

the Workman/Party I is employed in the establishment

of the Employer/Party II, M/s. MRF Ltd., a Company

incorporated under Company Act, 1956 having their

factory at Usgao, Ponda-Goa. The Company is

engaged in the manufacturing of tyres. Workman/

/Party I is the member of the Union formed by the

Employees of the Employer/Party II. That since the

formation of the said Union, there has been

harassment and victimization to the office bearers

of the Union as well as the members on account of

their legitimate trade union activities.

4. The Workman/Party I was issued with the

Suspension Letter dated 05-02-1996 followed by a

charge-sheet dated 07-02-1996 alleging that

according to the Employer, the Workman/Party I has

committed acts subversive of discipline constituting

misconduct under Clause 21 Item No. V, VII, XXVIII

& LII of the Certified Standing Orders of the

Company. An inquiry was conducted into these

charges. The Inquiry Officer gave his findings

holding Party I guilty of the charges. By letter dated

22-07-1996, the copy of the findings was served on

the Party I and the Party I was called upon to show-

cause why his services should not be terminated.

The show-cause notice was replied by Party I vide

reply dated 12-08-1996. Being not satisfied with the

reply, the services of Party I were then terminated

w.e.f. 16-08-1996. The Party I raised industrial dispute

for the alleged termination of his services, the

conciliation proceedings before the authorities

ended in failure. Hence, in the present reference

the Party I prays that he be reinstated with

continuity of service with full back wages and shall

be paid compensation for mental and physical

torture.

5. In its Written Statement at Exhibit 4, the Party II

has denied that the Party I was being victimized for

his union activities. The Party II has stated that on

05-02-1996, the General Manager had received a

report that the Party I has beaten a canteen

workman at 14.30 p.m. on 1st February, 1996 at the

Factory. It was also reported that Dr. B. N.

Deshpande gave Mr. Santosh Thakarkar first aid and

that the said Thakarkar had lodged a complaint at

Ponda Police Station. The Party I was suspended

based on the report and complaints and he was

charge-sheeted for committing the acts of

misconduct specified in the charge-sheet. The Party II

has stated that the Party I had denied the charges

vide letter dated 12-02-1996 hence the enquiry was

initiated.

6. Mr. Michael Ribeiro was appointed as an

Inquiry Officer vide letter dated 24-02-1996. Shri R.

S. Amonkar represented the Management. Party I

had requested for representation by Shri B. V. Naik.

The said request was not in accordance with the

Certified Standing Orders, hence the same was

rejected. The Party I thereafter requested for

representation by one Dulcidonio Fernandes, an

executive member of the Management. The said

request was granted and the Party I was

represented in the enquiry by Dulcidonio

Fernandes. The Party II has stated that the Party I

had participated in the enquiry. He had understood

the charges leveled against him.

On completion of the pleadings the issues

were framed at Exhibit 5 by this Tribunal which

reads as under:

ISSUES

1. Whether the Party I proves that the domestic

enquiry held against him is not fair, proper

and impartial?

2. Whether the charges of misconduct levelled

against the Party I are proved to the

satisfaction of the Tribunal by acceptable

evidence?

3. Whether the Party I proves that the

termination of his services by the Party II is

illegal and unjustified?

4. Whether the Party I proves that the

termination of his services by the Party II is by

way of victimisation and unfair labour

practice?

5. Whether the Party I is entitled to any relief?

6. What Award?

8. Issue No. 1 and 2 were treated as preliminary

issues and by order dated 09-07-2009; Issue No. 1

was answered in the negative and the Issue No. 2

in the affirmative.

9. The Roznama records reveal that this Tribunal

was pleased to pass Order on Issue No. 1 and 2 on

09-07-2009 and consequently the proceedings were

fixed for evidence on the remaining issues. The

Party I examined their witness Shri Gurudas Naik to

prove the issue No. 3 and 4 and closed their

evidence on 02-06-2011. The Adv. appearing for

Party II, Shri G. K. Sardessai submitted that Party II

does not wish to lead any further evidence;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

605

accordingly the matter was fixed for final arguments

on all the remaining issues on 07-09-2011. From

07-09-2011 onwards the matter was adjourned time

and again for final arguments at the request of

both the Parties. That despite, seeking

adjournments nearly for about 13 long years, the

Advocates appearing for both the Parties failed to

advance final arguments and finally on 24-07-2024

this Tribunal was constrained to dismiss the request

of both the Parties for time and the matter was

fixed for final Award.

10. It is pertinent to note here that only Party I

examined their witness Shri Gurudas Naik to

adduce evidence In support Issue No. 3 and 4. I

have gone through the records i.e. the pleadings,

the oral as well as documentary evidence adduced

by both the Parties and considering the same my

findings on the remaining 3 issues are as follows:

REASONS

Issue No. 3. 4 and 5:

11. It is a matter of record that my predecessor,

the Hon’ble Presiding Officer of this Tribunal has

been pleased to pass an Order on preliminary issue

No. 1 and 2 holding Issue No. 1 in negative by

giving a finding that the Inquiry Officer had

conducted the inquiry in consonance with the

principles of natural justice, hence the enquiry was

held to be fair and proper. By the said Order, i.e. the

Order dated 09-07-2009 on the preliminary issues,

this Tribunal was pleased to answer the Issue No. 2

in the affirmative while concluding that the Inquiry

Officer had analysed the evidence on record in

depth and the findings of the Inquiry Officer are

based on acceptable evidence.

12. After passing order on the preliminary issues,

Party I examined him to adduce further evidence in

support of Issue No. 3 and 4. If one peruses the

Affidavit-in-Evidence filed by Party I, the facts

narrated therein is nothing but the replica of the

statement of claim with same facts as alleged in

the statement of claim with no new facts on records

neither any additional documentary evidence

produced to substantiate his claim of victimisation.

There is only a suggestive denial put in the cross-

examination to Party I by Party II thereby denying

all the facts stated in the examination-in-chief by

the Workman/Party I.

13. It is a matter of records that the services of

the Party I were terminated w.e.f. 16-08-1996 based

on the findings given by the Inquiry Officer in the

domestic inquiry that was conducted in respect of

the charge-sheet dated 07-02-1996, for alleged

disorderly indecent behaviour, assault or threat of

assault, intimidation or coercing with the precinct

of the Company which conduct on the part of the

workman within the precinct of the Company was

to endanger the life, or safety of any and committed

acts subversive of discipline.

14. In the case in hand, there was a specific

allegation against the Party I/Workman that on

01-02-1996 at about 12.10 p.m. when Party I had

gone for lunch along with other workers, he

approached the Canteen Service Boy Shri Santosh

Thakarker and requested him to change the banana

for a bigger one. The other workers exchanged the

banana but the Party I refused to return the original

and grabbed a bigger banana from the counter. The

Canteen Service Boy declined to serve curd to the

Party I since he was served with two bananas for

which reason the Party I threatened the canteen

boy by saying he would see him outside. At 4.10 p.m.

when the Canteen workman Santosh Thakarker was

leaving the Factory, the Party I approached him near

the Bus Parking area and told him that Mr. Uday Sail,

Union Leader wanted to meet him. While the said

Canteen worker was explaining the incident to Uday

Sail and others, the Party I punched the said Canteen

worker on his nose.

15. The Presiding Officer of this Tribunal has duly

considered the evidence on this incident while

giving its findings on Issue No. 2 and has come to

a conclusion of Party II having proved the incident

of assault by Party I by means of acceptable

evidence. The Management produced the non-

cognizable complaint at Exhibit M-7 based on the

complaint filed by Management witness-1. The

Inquiry Officer was satisfied with the consistency in

the statement made in the complaint as well as in

the reply filed before the Inquiry Officer. The

statement of MW1 was corroborated with the

statement of MW2, Mr. Anthony D’Souza. All this

material evidence was duly considered by the

Inquiry Officer as well as by the Presiding Officer of

this Tribunal while dealing Issue No. 2. The Party I

when given opportunity did not produce any further

material on record to substantiate his claim of

victimisation nor could produce on record any other

material to show that his termination from services

w.e.f. 16-08-1996 was an act of unfair labour practices

and victimisation, as such was illegal and

unjustified.

16. Section 11A of the Industrial Disputes Act,

1947 reads as under: 11-A. Powers of Labour Courts,

Tribunals and National Tribunals to give appropriate

relief in case of discharge or dismissal of workmen.

Where an industrial dispute relating to the discharge

or dismissal of a workman has been referred to a

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

Labour Court, Tribunal or National Tribunal for

adjudication and, in the course of the adjudication

proceedings, the Labour Court, Tribunal or National

TrIbunal, as the case may be, is satisfied that the

order of discharge or dismissal was not justified, it

may, by its award, set aside the order of discharge or

dismissal and direct reinstatement of the workman

on such terms and conditions, if any, as it thinks fit,

or give such, other relief to the workman including

the award of any lesser punishment in lieu of

discharge or dismissal as the circumstances of the

case may require.

17. In the case of Mahindra and Mahindra V/s

N. B. Narawade 2005 I CLR 803 the Court has

observed that “Whether it is open to the Industrial

Tribunal or the Labour Court or the High Court to

interfere with the quantum of punishment is, no

longer, res integra, as the question has been

answered by this Court several times it its various

decisions in B.C. Cheturvedi Vs. Union of India

[1995(6) SCC 749] a three-Judge Bench of this Court

held that Section 11-A of the Industrial Disputes Act,

1947 confers power on the Industrial Tribunal/

/Labour Court to apply its mind on the question of

proportion of punishment or penalty that this power

is also available to the High Court under Article 226

of the Constitution, though it was qualified with a

limitation that while seized as a writ court,

interference is permissible only when the punishment/

/penalty is shockingly disproportionate”

18. Further, the Hon’ble Apex Court in the

citation above was pleased to set aside the order of

dismissal and directs the reinstatement passed by

Division Bench, Single judge of the High Court and

that of the Labour Court and uphold the order of

the disciplinary authority dismissing the

respondent-workman from service.

19. The relevant observation of the Hon’ble apex

court in respect of Section 11-A in this Judgment

reads “It is no doubt true that after introduction of

Section 11-A in the Industrial Disputes Act, certain

amount of discretion is vested with the Labour

Court/Industrial Tribunal in interfering with the

quantum of punishment awarded by the Management

where the concerned workman is found guilty of

misconduct. The said area of discretion has been

very well defined by the various judgments of this

Court referred to hereinabove and it is certainly not

unlimited as has been observed by the Division

Bench of the High Court. The .discretion which can

be exercised under Section 11-A is available only

on the existence of certain factors like punishment

being disproportionate to the gravity of misconduct

so as to disturb the conscience of the court, or the

existence of any mitigating circumstances which

requires the reduction of the sentence, or the past

conduct of the workmen which may persuade the

Labour Court to reduce the punishment. In the

absence of any such factor existing, the Labour

Court cannot by way of sympathy alone exercise

the power under Section 11-A of the Act and reduce

the punishment.

20. In the case in hand, the evidence on record

indicate that Party I had intimidated and assaulted

the victim within the premises of the Factory which

act amounts to disorderly behaviour within the

precinct of the Company being the act of subversive

discipline. That as per Clause 21 Item V, VII and

XXVIII and LII of the Certified Standing Orders the

above acts and conduct by Party I amounts to

misconduct and therefore punishable under the Act.

It is a matter of record that the findings given by my

Predecessor entitled on the Preliminary Issue No. 2

has not been challenged nor the Party I had led

additional evidence to discard the said findings.

21. Therefore, considering the overall evidence

on record as well as considering the acts of

misconduct as defined in the Certified Standing

Orders coupled with the ratio laid in the judicial

pronouncements as mentioned hereinabove, this

Tribunal is of the opinion that the Party I has failed

to prove that his termination from service by Party II

was an act of victimisation and unfair labour

practice and therefore, was illegal and unjustified.

As such, Party I is not entitled for any relief as

claimed in the Statement of Claim, for the reasons

hereinabove the Issue No. 3, 4 and 5 taken together

for discussion stands answered in negative.

Hence the Order:

ORDER

(i) The Order of dismissal by way of punishment

of Party I/Workman, Shri Gurudas Naik,

Dhavalimol, Kavlem, Ponda-Goa by Party II/

/M/s. MRF Limited, Tisk, Usgao, Ponda-Goa is

hereby held legal and justified.

(ii) Party I/Workman, Shri Gurudas Naik is not

entitled for any relief.

(iii) No order as to cost.

(iv) Inform the Government accordingly.

Sd/-

(Vijayalaxmi Shivolkar),

Presiding Officer,

Industrial Tribunal and

Labour Court.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

607

Notification

No. 28/02/2024-LAB/Part-IV/620

The following Award passed by the Industrial

Tribunal and Labour Court at Panaji-Goa on

18-09-2024 in Ref. No. IT/02/19 is hereby published

as required under Section 17 of the Industrial

Disputes Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 7th October, 2024.

––––

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mrs. Vijayalaxmi Shivolkar, Presiding Officer)

Ref. No. IT/02/19

Workmen,

Rep. by the President,

Mapusa Urban Co-op. Bank,

Officers Association, Gurudatt Bldg.,

3rd Floor, Dr. Dada Vaidya Road,

Panaji-Goa (403001). .... Workmen/Party-I.

V/s

M/s. Mapusa Urban Co-op. Bank of Goa Ltd.,

Reg. Office, “Nandadeep”,

Mapusa, Bardez-Goa (403507) .… Employer/Party II.

Workmen/Party I represented by Shri Subhash Naik

Jorge.

Employer/Party II represented by Ld. Adv. S. B. S.

Bangui.

AWARD

(Delivered on this the 18th day of the month of

September of the year 2024)

By Order dated 09-04-2019, bearing No. 28/25/

/2018-LAB/267, the Government of Goa in exercise

of powers conferred by Section 10(1)(d) of the

Industrial Disputes Act, 1947 (for short The Act),

(Central Act 14 of 1947) (hereinafter referred to as

the “said Act”), the existing dispute between the

management of M/s. Mapusa Urban Co-operative

Bank of Goa, Mapusa-Goa and its Officers

represented by Mapusa Urban Co-operative Bank

Officers Association, Panaji for adjudication to the

Industrial Tribunal of Goa at Panaji-Goa, constituted

under Section 7-A of the said Act. The Schedule of

reference pertaining to charter of demands is as

under:

SCHEDULE

(1) Whether the action of the management of

M/s. Mapusa Urban Co-operative Bank of Goa

Limited, Mapusa, Goa in refusing to consider

the following demands of the Officers

represented by the Mapusa Urban Co-operative

Bank Officers Association, Panaji, is legal and

justified?.

CHARTER OF DEMANDS

1.Wage Rise: The Association demanded that the

existing Basic pay Scales of the members shall be

revised after merging DA of 4440 points (Base 1960

100) into basic pay and revising the same by 20%.

The new Basic Pay Scales arrived at is as follows:

(a) Junior Officer:

16864-1057/2-18978-1316/

/2-21611-1585/2-24782-1845/

/2-28471-2114/4-36927-2373/

/2-41674-2642/3-49602-2902/

/3-58307.

(b) Senior Officer:

21409-1316/3-25358-1585/

/3-30115-1845/3-35649-2114/

/5-46219-2642/2-51504-

-3161/3-60988.

28020-2114/3-34362-2373/

Manager:

/3-41482-2642/2-46767-2902/

/2-52571-3161/4-65216-3430/

/3-75507.

(d) General 29644-2114/2-33872-2373/

Manager:

/2-38619-2642/4-49188-2902/

/2-54922-3161/4-67638-

-3430/3-77929.

2. Dearness Allowance: The Association

demanded that with effect from 01-04-2015, DA shall

be paid at 100% neutralization above 4440 points

(Base 1960-100) (DA from points 2836 to 4440 points

has been merged in basic pay).

3. Stagnation Increments: The Association

demanded that with effect from 01-04-2015,

Stagnation Increments shall be paid after every two

years.

4. Special Increment: The Association demanded

that with effect from 01-04-2015, Certified Associate

of Indian Institute of Banking Increment shall be

paid beyond time scale i.e. Certified Associate of

Indian Institute of Banking Increments be

continued to be paid even after reaching end of pay

scale.

5. Special/Functional Allowances: The Association

demanded that the Special/Functional Allowances

shall be given to the Officers as below:-

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SERIES II No. 29

17TH OCTOBER, 2024

(a)

General Manager

: Rs. 3,000/- per month.

(b)

Asst. General Manager

: Rs. 2,600/- per month.

(c)

Manager/Sr. Manager

: Rs. 2,400/- per month.

(d)

Br. Manager Evening/ : Rs. 2,000/- per month

/Ext. Counter/Br.

Manager

(e)

Audit/Recovery/Data

: Rs. 1,200/- per month.

Center Officer

(f)

Accountant

: Rs. 1,200/- per month.

6. House Rent Allowance: The association

demanded that with effect from 01-04-2015, 10% of

Basic Pay shall be paid as HRA to all members over

and above the existing HRA.

7. Conveyance Allowance: The Association

demanded that with effect from 01-04/2015,

Conveyance allowance shall be revised as follows:

(a) General Manager

: Rs. 4,000/- per month.

(b) Asst. General Manager : Rs. 3,500/- per month.

: Rs. 2,500/- per month.

(d) Junior Officer

: Rs. 2,000/- per month.

8. Medical Aid: The Association demanded that

with effect from 01-04-2015, medical aid of

Rs. 10,000/- per annum shall be paid to the members.

9. Daily Allowances: The Association demanded

that with effect from 01-04-2015, daily allowance of

Rs. 500/- per day be paid to the members for outdoor

duty within the State and in case of official work

outside Goa, daily allowance of Rs. 1000/- per day

plus actual hotel expenses on production of bills

shall be paid to the members.

10. Leave Fare Concession: The Association

demanded that with effect from 01-04-2015, LFC

shall be given once every two years upto a limit of

6000 kms. by air or any other mode of transport.

Encashment be permitted to those who wish to on

the basis of a simple declaration.

11. Closing Allowance: The Association

demanded that with effect from 01-4-2015, closing

allowance of Rs. 800/- per closing shall be paid.

12. Golden Jubilee Additional Increment: The

Association demanded that with effect from

01-04-2015, as the bank has completed 50 years of

existence, all officers shall be granted one Golden

Jubilee Additional Increment which should be

extended beyond pay scale.

13. Leave Accumulation: The Association

demanded that with effect from 01-04-2015, leave

accumulation shall be allowed upto 450 days and

encashment of leave be allowed upto 360 days.

Leave in excess of 360 days should be availed before

retirement. If not granted due to exigencies, the

same should be encashed.

14. Casual Leave: The Association demanded that

with effect from 01-04-2015, casual leave not availed

during the year should be credited to unavailed

Casual Leave which employees can avail in the

subsequent years.

15. Encashment of Leave: The Association

demanded that with effect from 01-04-2015,

encashment of leave be allowed once every two

years upto leave of one month. In case of leave

beyond accumulation, the same should be

automatically encashed.

16. Maternity/Paternity Leave: The Association

demanded that with effect from 01-04-2015,

maternity leave be increased to six months and

paternity leave be increased to 15 days on two

occasions during service period.

17. Special Union Leave: The Association

demanded that with effect from 01-04-2015, special

union leave be increased to 20 days for union officer

bearers and 15 days for executive committee

members and 25 days of central committee members

of All India Co-operation Bank Employees Federation.

18. Mediclaim Facilities: The Association

demanded that with effect from 01-04-2015,

mediclaim facilities be introduced for the members

and their family for an amount of Rs. 5,00,000/-,

premium of which shall be paid by the bank.

2. Upon receipt of the reference, it was registered

as IT/02/2019 and registered AD notices were issued

to both the Parties. Pursuant to service of notices,

the Party I/Workmen filed Application for

appointment of Liquidator. Which Application came

to be allowed vide Order dated 27-04-2022 on Exh. 4

and accordingly Mapusa Urban Co-operative Bank

of Goa Ltd., Head office, Mapusa, Goa was appointed

as a Liquidator to the present dispute. The Party I

thereafter filed the Statement of Claim at Exh. 6.

3. In brief it is the case of Workmen/Party I that

Party I is the Trade Union of all the Employees

employed with Party II and it represents all the

Employees of Party II who are Workmen under the

ID Act. Party I has signed several Wage Settlements

with Party II for improvement of which the wage

and service conditions of its member. The last such

wage settlement revising the wages and the service

conditions between the Parties is for the period

with effect from 01-04-2012 to 31-03-2015. That after

the expiry of the said Wage Settlement of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

609

31-03-2015 the Party I submitted the Charter of

Demand on behalf of its member dated 11-04-2015

seeking improvement of wages and service

conditions with effect from 01-04-2015 the detailed

Charter of Demand has been reproduced hereinabove.

The present reference is on account of failure on

the part of Party II to settle the charter of demands

and for not revising the wages and service condition

of its member. It is further stated the demands raised

by Party I are justified as same are paid in all other

co-operative banks in Goa. It is further submitted

that some employees and officers have been

retrenched from the service but the legal dues are

not paid in terms of Section 25 (f) of the ID Act in

the facts and circumstances it is claimed that the

demands raised in the Charter of Demand be granted

by deciding the reference in favour of Workmen/

/Party I.

4. The Party II filed their Written Statement at

Exh. 7. Party II objected the reference by raising the

preliminary objections stating:

(a) The demands which have been referred for

adjudication by Government of Goa are wholly

unrealistic, unreasonable and unjust. There is

absolute no merits or substance in the demands

raised by the Union on the Bank and therefore the

same deserves no consideration and as such are

liable to be rejected out right.

(b) The State Govt. before making the reference

did not consider the relevant consideration which

could cloth it with the power to make the reference

under Section 10 of the Act. The whole reference of

all the disputes in the Charter of Demands for

adjudication was bad.

is raised by the Officers Association are not

“Workmen” as defined under Section 2(S) of the

Industrial Dispute, Act, 1947 and as such this

Hon’ble Tribunal has no jurisdiction to adjudicate

the said dispute and the demands of the Party I are

liable to be dismissed.

5. On merits it is the case of Party II that the

Bank is Multistate Co-op. Bank and states that it is

a society registered under the office of Central

Registrar of Co-op Societies, New Delhi governed

under Multistate Co-op. Societies Act, 2002. The

Party I, employees were informed by the Party II

about the order No. DCBRCO.AD/2647/12.22.156/

/2019-20 dated 16-04-2020. The RBI cancelled the

license of bank to carry out the banking business

in India under Section 22 read with Section 56 of

Banking Regulation Act, 1949.

6. The Party I was also informed that in terms of

said order the bank was prevented from carrying

on banking business under Section 5(b) of the act

and hence banking business activities were

stopped. Further, immediately the Deposit,

Insurance and Credit Guarantee Corporation of

India, a wing of RBI took control of the functioning

and ensured that the functioning is done strictly in

compliance with their orders.

7. The license cancellation order did not mention

any preferential payment to the employees and

hence the liquidation is bound by instructions of

DICGC-RBI. It is therefore, submitted that Liquidator

appointed has no preference to pay any amount

other than specified by CICGC.

8. The Party I has submitted that the wage revision

demand dates back to 01-04-2012 to 31-03-2015. In

this regards the Party II places on record RBI Order

dated 16-04-2020 wherein the final position is

analyzed. In view of assessed net worth, Gross NPA

there is no scope for any improvement of finance.

The Party II submits that the bank is not under revival

and is under liquidation and as such there is no scope

for any wage revision.

The Party II submits that all legal dues including

accommodation, sick leave have been paid to each

and every employee on pay roll on the day the

license was cancelled.

9. With reference to the Claim Statement Party II

admitted Para 1, 2, 3 and submitted that due to

circumstances beyond their control and also for

the reasons that Party II incurred loss for past years

since 2015-16 to 2021-22, they could not settle the

Charter of Demand. It is further stated that the

request for the Retrenchment Compensation made

by Party I before the Labour Commissioner was

dismissed by reasoned Order hence the present

reference cannot be considered favorably and same

be dismissed.

10. Considering the Claim Statement of Party I

and the Written Statement filed by the Party II

following issues were framed on 12-01-2024.

ISSUES

1. Whether the Party I proves that the Charter

of Demands raised by them against the Party II

are legal and justified?

2. Whether the Party II proves that the reference

made by the Government is not maintainable

as contended by the Party II in Para 1 (a) to (c)

of its written statement?

610

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SERIES II No. 29

17TH OCTOBER, 2024

3. What relief? What Award?

12. As the matter was fixed for the evidence of

Party I at which time Party I/Workmen filed

Application at Exh. 10 for violation of provisions of

Section 33 of the Industrial Disputes Act, 1947 and

for rendering the present reference infructuous. In

this Application Party I stated that during the

pendency of present reference, Party No. II has

terminated by way of retrenchment all employees

as per provisions of Section 25 F read with Section

25 FFF of Industrial Disputes Act, 1947, on the plea

that their establishment is being closed.

13. However, at the time of termination no one

month’s notice pay and retrenchment compensation

as per provisions of Section 25 F read with Section

25 FFF of Industrial Disputes Act, 1947, was paid.

14. In view of that it is submitted by Party I that

order be passed holding Party No. II of violating the

provisions of Section 33 of Industrial Dispute Act

by retrenching the services of all employees while

reference was pending before this Hon’ble Tribunal

thus rendering the present reference Infructuous.

15. In the reply filed by Party II opposing the

Application at Exh. 10 of Party I it is stated that at

the outset the Party II states and submits that the

present reference is on Charter of Demands of the

Union made in the year 2015. That the action of the

Party II in closing down the Bank and terminating

the services of all the workmen is not for

misconduct to attract provisions of Section 33 of

the said Act.

16. The Party II submits that the Reserve Bank of

India, Mumbai (RBI) vide its order No. DCBRCO.AD/

/2647/12.22156/2019-20 dated 16-04-2020 had cancelled/

/revoked the banking license granted to the Party II

for conducting the activity of Banking under Section

22 reads with Section 56 of the Banking Regulation

Act, 1949, therefore Deposit Insurance Credit,

Guarantee Corporation of India, (DICGCI), a wing of

RBI took control of the functioning of the Party II

Bank and ensured that the functioning is done

statutory in compliance with the said order of the

RBI. A liquidator was appointed by the Central

Registrar of Co-operative Societies, New Delhi, to

monitor the liquidation process. The said liquidator

had no powers to pay any amount other than that

specified by the DICGCI.

17. The Party II states that in view of the order of

the RBI, the liquidator took steps to close the

branches at different places in Goa in phased

manner. On account of the closure of the branches,

the Party II had to discharge such employees in the

branches in phased manner. The Party II submits

that under the restrictions imposed by the RBI and

DICGCI, the Party II was allowed to pay the Gratuity,

Privilege leave encashment of the Employees and

salary till the date of closure.

18. The Party II submits that since the License of

the Party II to conduct the activity of the Banking

was cancelled by the RBI, the Party II had no

alternative then to discharge the workmen from

time to time in phased manner within the scope of

the limited powers of the liquidator. The Party II

submits that the provisions of Section 25 F for

payment of Retrenchment Compensation is not a

condition precedent to close the branches of the

Party II and non-payment of the same would not

render the action of closure illegal as the closure

has been admitted by the Party I.

19. The Party II submits that if the Party I feels

that the Party II has contravened Section 33 of the

said Act during the pendency of the present

reference, the remedy to the Party I is to raise a

separate dispute and get the same adjudicated and

accordingly pray that Application at Exh. 10 be

dismissed.

20. Heard Arguments advanced by Shri Subhash

Naik Jorge and heard Argument advanced by Adv.

S.B.S. Bangui. Sub-clause (b), Clause 1 of Section 33

of the Industrial Dispute Act prohibits an Employer

from discharging or punishing any workmen

concerned in such dispute for any misconduct

connected with the said dispute by dismissal or

otherwise, save with express permission in writing

of the authority before which the procedure is

pending. However, Clause 2 of Section 33 during

the pendency of any such proceeding in respect to

industrial dispute the employer in accordance with

the standing order applicable to the workmen in

concern dispute (or where are no standing order in

accordance with the terms of the contract whether

express or implied between him and the workmen

may (a) alter in regards to any matter not connected

with the dispute the condition of service applicable

that workmen immediately before the commencement

of such proceedings or (b) for any misconduct not

connected with the dispute, discharge or punish,

whether by dismissal or otherwise that workmen.

21. It is therefore the contention of Party II that

if the Party I is aggrieved of Party II having violated

the provisions of Section 33 of the ID Act than the

remedy to the Party I is to raise a separate dispute.

Therefore the contention of Party II that by way of

retrenchment the Party II had terminated Employees

as per the provisions of Section 25 (f) read with

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

611

Section 25 FFF does not hold good as the

establishment of Party II had to be closed down on

account of Order of the RBI and that the Party II was

left with no other alternative but to discharge its

employees from time to time in a phased manner

which fact since has been admitted by Party II.

The party I/Workmen have not disputed the

above position.

Hence the following Order:

ORDER

(i)

The Application filed by the Party I/Workmen

at Exh. 10 stands dismissed consequently the

present reference stands dismissed being

infructuous.

(ii)

No order as to costs.

(iii)

Inform the Government accordingly.

Sd/-

(Vijayalaxmi Shivolkar),

Presiding Officer,

Industrial Tribunal and

Labour Court.

——————

Department of Law & Judiciary

Law (Establishment) Division

––

Order

No. 2-1-97-/LD-(Estt-Part-I/2043

On the recommendation of the Hon’ble High

Court of Bombay at Mumbai, vide Confidential

letter No. A.5504/G/2024/41 dated 19-09-2024 and

as per Rule 4 of Chapter-III of the Goa Judicial

Service Rules, 2013, the Governor of Goa is pleased

to appoint the following 02 Judicial Officers to the

post of Ad-hoc District Judge under Fast Track

Courts Scheme in the State of Goa in Selection

Process 2024 with immediate effect:-

Sr. No.

Name of the Judicial Officer

Ms. Shilpa Shashikant Pandit.

Ms. Reina Sheila Fernandes.

By order and in the name of the Governor of

Goa.

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

Porvorim, 11th October, 2024.

Order

No. 2-1-97/LD-Estt-Part-I/2044

On the recommendation of the Hon’ble High

Court of Bombay, at Mumbai vide Confidential letter

No. A. 5504/G/2024/40 dated 19-09-2024 and as per

Rule 4 of Chapter III of the Goa Judicial Service

Rules, 2013, the Governor of Goa is pleased to

promote Ms. Shaikh Shabnam, Judicial Officer to

the post of District Judge by regular promotion in

the State of Goa with immediate effect.

By order and in the name of the Governor of

Goa.

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

Porvorim, 11th October, 2024.

————

Notification

No. 8/145/2024-LD(Estt.)/2039

Read: Notification No. 8/145/2024-LD(Estt.)/1878

dated 20-09-2024.

In exercise of the powers conferred by sub-rule (2) of

Rule 7A of the Notaries Rules, 1956 (hereinafter

referred to as the “said Rules”), the Government of

Goa hereby constitutes the Interview Board

comprising of the following members, for the

purpose of sub-rule (1) of said Rule 7A of the said

Rules:-

i) Shri Dnyaneshwar S. Raut Dessai, — Chairman.

Joint Secretary, Law

ii) Ms. Shubhangi Humraskar,

— Member.

Joint Secretary, Law

iii) Shri Sudhir R. Volvoikar,

— Member.

Joint Secretary, Law

This issues in supersession of earlier Notification

No. 8/145/2024-LD(Estt.)/1878 dated 20-09-2024.

By order and in the name of the Governor of

Goa.

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

Porvorim, 11th October, 2024.

——————

Department of Panchayati Raj and

Community Development

Directorate of Panchayats

––

Order

No. 19/DP/Elect/V.P. Harvalem/Presiding Officer/2024/

8774

In exercise of power conferred by sub-section (2)

of Section 46 of the Goa Panchayat Raj Act, 1994

612

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

(Goa Act 14 of 1994), the Government of Goa hereby specifies the officers mentioned in column No. (2) of

the Schedule hereto as the officer who shall preside over the first meeting of the Panchayat mentioned in

the corresponding entry in column No. (3) of the said Schedule to be held on 28-10-2024 at 10.30 a.m.

onwards to elect the Sarpanch and Deputy Sarpanch of the Panchayat.

SCHEDULE

Name of Taluka/Block:— Bicholim

Name of District:— North Goa

Sr.

Name and designation of Presiding Officer

Name of Village Panchayat

No.

Shri Navnath Amre, E.O. (R.E.), O/o B.D.O., Bicholim-Goa

Harvalem.

Shri Salil Verenkar, E.O. (R.E.), O/o B.D.O., Bicholim-Goa (Reserve)

In the absence of any of the above Presiding Officer, the Block Development Officer, Bicholim is hereby

authorized to conduct election.

This issues with the approval of the Government.

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

Siddhi Halarnkar, Director (Panchayats) & ex officio Jt. Secretary.

Panaji, 8th October, 2024.

—–––––—

Notification

No. 19/DP/Reservation/2024/8773

In accordance with the rotation pattern adopted upon approval from the Government and in exercise

of the powers conferred by Clause (c) of Section 45 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994),

the reservation of the Office of the Sarpanch and Dy. Sarpanch of Village Panchayat Harvalem for the term

2024-2029 shall be as per the Schedule below:-

SCHEDULE

Village Panchayat

Post

Harvalem

Sarpanch

Dy. Sarpanch

Reserved for Women

Unreserved

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

Siddhi Halarnkar, Director (Panchayats) & ex officio Jt. Secretary.

Panaji, 8th October, 2024.

——————

Department of Personnel

––

Order

No. 13/10/2023-PER/3439

Whereas, Government vide Order No. 13/10/2023-

-PER/923 dated 15-03-2024 had granted further

extension in service to Shri Pramod Badami, Chief

Engineer (WR), Water Resources Department,

beyond the date of his superannuation for further

period of six months w.e.f. 01-06-2024 to 30-11-2024,

in public interest;

And whereas, the Vigilance Department has

submitted vigilance clearance stating that, no

disciplinary proceedings/vigilance cases are

pending or being contemplated against Shri

Pramod Badami;

And whereas, the Finance Department vide its

U. O. No. 1400096331 dated 14-09-2024, concurred

the proposal for grant of further extension in service

to Shri Pramod Badami, Chief Engineer (WR), Water

Resources Department;

And whereas, the Council of Ministers in its

LVIth meeting held on 30-09-2024 resolved to grant

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

613

ex-post facto approval for further extension in

service to Shri Pramod Badami, Chief Engineer (WR),

Water Resources Department beyond the date of his

superannuation for further period of six months

w.e.f. 01-06-2024 upto 30-11-2024, in public interest;

Now, therefore, the Government is pleased to

confirm the Order No. 13/10/2023-PER/923 dated

15-03-2024 granting extension in service to Shri

Pramod Badami, Chief Engineer (WR), Water

Resources Department beyond the date of his

superannuation for further period of six months

w.e.f. 01-06-2024 to 30-11-2024, in public interest.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 7th October, 2024.

—–––––—

Order

No. 13/28/2023-PER/3447

Whereas, Government vide Order No. 13/28/2023-

-PER/5168 dated 30-12-2023 had granted extension

in service to Shri Euclides F. E. de Souza, Executive

Engineer, Public Works Department beyond the

date of his superannuation for a period of one year

w.e.f. 01-01-2024 to 31-12-2024, in public interest;

And whereas, the Vigilance Department has

conveyed vigilance clearance stating that, no

disciplinary proceedings/vigilance cases are

pending or being contemplated against Shri

Euclides F. E. de Souza;

And whereas, the Finance Department vide its

U. O. No. 1400100946 dated 11-08-2024, concurred

the proposal for grant of extension in service to Shri

Euclides F. E. de Souza, Executive Engineer, Public

Works Department;

And whereas, the Council of Ministers in its

LVIth meeting held on 30-09-2024 resolved to grant

ex-post facto approval for extension in service to

Shri Euclides F. E. de Souza, Executive Engineer,

Public Works Department beyond the date of his

superannuation for a period of one year w.e.f.

01-01-2024 upto 31-12-2024, in public interest;

Now, therefore, the Government is pleased to

confirm the Order No. 13/28/2023-PER/5168 dated

30-12-2023 granting extension in service to Shri

Euclides F. E. de Souza, Executive Engineer, Public

Works Department beyond the date of his

superannuation for a period of one year w.e.f.

01-01-2024 to 31-12-2024, in public interest.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 8th October, 2024.

—–––––—

Order

No. 13/05/2024-PER/3456

Whereas, Government vide Order No. 13/05/

/2024-PER/2771 dated 30-07-2024 had granted

extension in service to Shri Pandurang M. S.

Nadkarni, Executive Engineer, Works Division

XXVII, Public Works Department beyond the date

of his superannuation for a period of one year w.e.f.

01-08-2024 to 31-07-2025, in public interest;

And whereas, the Vigilance Department has

conveyed vigilance clearance stating that, no

disciplinary proceedings/vigilance cases are

pending or being contemplated against Shri

Pandurang M. S. Nadkarni;

And whereas, the Finance Department vide its

U. O. No. 1400101422 dated 22-08-2024, concurred

the proposal for grant of extension in service to

Shri Pandurang M. S. Nadkarni, Executive Engineer,

Works Division XXVII, Public Works Department;

And whereas, the Council of Ministers in its

LVIth meeting held on 30-09-2024 resolved to grant

ex-post facto approval for extension in service to

Shri Pandurang M. S. Nadkarni, Executive Engineer,

Works Division XXVII, Public Works Department

beyond the date of his superannuation for a period

of one year w.e.f. 01-08-2024 upto 31-07-2025, in

public interest;

Now, therefore, the Government is pleased to

confirm the Order No. 13/05/2024-PER/2771 dated

30-07-2024 granting extension in service to Shri

Pandurang M. S. Nadkarni, Executive Engineer,

Works Division XXVII, Public Works Department

beyond the date of his superannuation for a period

of one year w.e.f. 01-08-2024 to 31-07-2025, in public

interest.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 8th October, 2024.

614

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

Order

No. 24/2/2016-PER/3352

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/II/11/58(1)/2017/197 dated 20-09-2024, the

Governor of Goa is pleased to promote Shri Sudhir

R. Volvoikar, Under Secretary (Legislative Affairs)

to the post of Joint Secretary (Law) in the Law

Department (Legal Affairs), on regular basis in the

Level 11 of Pay Matrix with immediate effect.

The Officer shall exercise the option for fixation of

pay within one month from the date of this Order in

terms of F.R. 22(I)(a)(1).

The pay of the Officer on promotion shall be fixed

as per C.C.S. (RP) Rules, 2016.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 26th September, 2024.

—–––––—

Order

No. 13/06/2024-PER/3486

Whereas, Government vide Order No. 13/06/2024-

-PER/3043 dated 26-08-2024 had granted extension

in service to Shri Liladhar B. Dessai, Deputy Director,

Directorate of Planning, Statistics & Evaluation,

Porvorim beyond the date of his superannuation for

a period of one year w.e.f. 01-09-2024 to 31-08-2025,

in public interest;

And whereas, the Vigilance Department has

conveyed vigilance clearance stating that, no

disciplinary proceedings/vigilance cases are

pending or being contemplated against Shri

Liladhar B. Dessai;

And whereas, the Finance Department vide its

U. O. No. 1400101927 dated 12-09-2024, concurred

the proposal for grant of extension in service to Shri

Liladhar B. Dessai, Deputy Director, Directorate of

Planning, Statistics & Evaluation, Porvorim;

And whereas, the Council of Ministers in its

LVIth meeting held on 30-09-2024 resolved to grant

ex-post facto approval for extension in service to

Shri Liladhar B. Dessai, Deputy Director, Directorate

of Planning, Statistics & Evaluation, Porvorim

beyond the date of his superannuation for a period

of one year w.e.f. 01-09-2024 upto 31-08-2025, in

public interest;

Now, therefore, the Government is pleased to

confirm the Order No. 13/06/2024-PER/3043 dated

26-08-2024 granting extension in service to Shri

Liladhar B. Dessai, Deputy Director, Directorate of

Planning, Statistics & Evaluation, Porvorim beyond

the date of his superannuation for a period of one

year w.e.f. 01-09-2024 to 31-08-2025, in public

interest.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 10th October, 2024.

—–––––—

Order

No. 7/3/2023-PER/3406

Read: Order dated 31-10-2013 of the Hon’ble

Supreme Court of India in Writ Petition

(Civil) No. 82 of 2011 (under Article 32 of the

Constitution of India) between T.S.R.

Subramanian & others and Union of India &

others.

1. The Hon’ble Supreme Court of India vide Order

dated 31-10-2013 in the Writ Petition (Civil) No. 82

of 2011 (under Article 32 of the Constitution of India)

filed by Thiru T.S.R. Subramanian & others Vs. Union

of India & others has directed inter-alia, to

constitute Civil Services Board in Centre, States and

the Union Territories with high ranking serving

officers, who are specialists in their respective

fields, within a period of three months, till the

Parliament brings in a proper legislation in setting

up Civil Services Board, in order to ensure

transparency in Administration.

2. In pursuance of the said directions of the

Hon’ble Supreme Court of India read with Office

Memorandum No. F.No.14040/22/2013-UTS-I dated

31-12-2013 of the Government of India, Ministry of

Home Affairs, New Delhi, the Governor of Goa is

pleased to constitute the Civil Services Board in

respect of the IPS officers with immediate effect, in

the following manner:-

1. Constitution of Civil Services Board, Goa, for

IPS officers.

The composition of Civil Services Board, Goa shall

be as follows:

1. Chief Secretary

— Chairman.

2. Principal Secretary (Finance) — Member.

or senior-most Principal

Secretary

3. Principal Secretary or

— Member.

Secretary, Home

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

615

4. Director General of Police

— Member

Secretary.

(i) Functions:

The

Civil

Services

Board

shall

make

recommendations to the Government on the

following service matters:-

(a) Posting/allocation of subject in respect of IPS

Officers posted in this Segment.

(b) Transfers and postings of IPS Officers posted

in this Segment.

requirement of a minimum tenure of service as

prescribed by the Government shall be kept in

view by the Board.

(d) The Civil Services Board may consider transfer

of Officers before the tenure fixed by the

Government based on the necessity and

circumstances, which the Civil Services Board

shall satisfy itself.

(e) The Civil Services Board may recommend the

names of Officers to the Competent Authority

for transfer before completion of minimum

tenure with reasons to be recorded in writing.

(ii) Procedure:

(a) The proposals for transfer and postings of

IPS officers shall be referred to the Board by the

Personnel Department.

(b) The Civil Services Board shall:-

(i) Consider the report of Department along

with any other inputs it may have from

other reliable sources.

(ii) The Board may have the option to obtain

the comments or views of the officer

proposed to be transferred regarding the

circumstance presented to it in

justification of the proposal.

(iii) The Board shall satisfy itself regarding

the inevitability of the premature

transfer before making a recommendation

to the Government based on clear

findings.

recommendations of the Civil Services Board, by

recording reasons in writing.

(iii) Tenure of posting:

There shall be a minimum tenure of two years for

IPS officers in the allotted posting. However, in the

event of any prematured transfer due to unavoidable

administrative reasons or health grounds, such

proposal shall be referred to the Civil Service Board

and a reasoned decision would be arrived at.

This supersedes all orders/notifications issued in

this regard in the past.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 3rd October, 2024.

—–––––—

Order

No. 13/07/2023-PER (Part)/3512

Whereas, Government vide Order No. 13/07/2023-

-PER (Part)/875 dated 13-03-2024 had granted further

extension in service to Shri Anil Naik, Block

Development Officer in the Directorate of

Panchayats, beyond the date of his superannuation

for further period of one year w.e.f. 01-05-2024 to

30-04-2025, in public interest;

And whereas, the Vigilance Department has

conveyed vigilance clearance stating that, no

disciplinary proceedings/vigilance cases are

pending or being contemplated against Shri Anil

Naik;

And whereas, the Finance Department vide its

U. O. No. 1400101304 dated 27-08-2024, concurred

the proposal for grant of further extension in service

to Shri Anil Naik, Block Development Officer in the

Directorate of Panchayats;

And whereas, the Council of Ministers in its

LVIth meeting held on 30-09-2024 resolved to grant

ex-post facto approval for further extension in

service to Shri Anil Naik, Block Development Officer

in the Directorate of Panchayats beyond the date of

his superannuation for further period of one year

w.e.f. 01-05-2024 upto 30-04-2025, in public interest;

Now, therefore, the Government is pleased to

confirm the Order No. 13/07/2023-PER(Part)/875

dated 13-03-2024 granting extension in service to

Shri Anil Naik, Block Development Officer in the

Directorate of Panchayats beyond the date of his

superannuation for further period of one year w.e.f.

01-05-2024 to 30-04-2025, in public interest.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 11th October, 2024

616

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

Order

No. 22/10/2018-PER/3440

The Governor of Goa is pleased to order the transfer and posting of the following IPS Officers with

immediate effect:-

Sr. No.

Name of the Officer

Present posting

Posted as

Ms. Arshi Aadil, IPS (AGMUT: 2019)

SDPO, Ponda

Superintendent of Police

(EOC) and shall hold

the additional charge of

Superintendent of Police

(FRRO).

Shri Tikam Singh Verma, IPS (AGMUT: 2020)

SDPO, Canacona

Superintendent of Police

(ANC).

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

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 7th October, 2024.

—–––––—

Order

No. 22/10/2018-PER/3441

The Governor of Goa is pleased to order the transfer and posting of the following Senior Scale Officers

(Superintendent of Police) of Goa Police Service with immediate effect:-

Sr. No.

Name of the Officer and present posting

Posted as

01.

Shri Gurudas Gawade, Superintendent of Police

Superintendent of Police (Legal &

(Konkan Railway)

Vigilance).

02.

Shri Nelson Albuquerque, Superintendent of Police (HQ)

Commandant, IRBn, and shall hold

and holding additional charge of Superintendent

the additional charge of Superintendent

of Police (ACB)

of Police (HQ).

03.

Shri Dharmesh G. P. Angle, Superintendent of Police

Principal, Police Training School,

(Special Branch)

Valpoi.

04.

Shri Prabodh B. Shirwaiker, awaiting posting

Superintendent of Police (Traffic).

05.

Shri Harishchandra V. Madkaikar, awaiting posting

Superintendent of Police (Konkan

Railway).

Shri Santosh S. Desai, awaiting posting

Superintendent of Police (ACB) and

shall hold the additional charge of

Superintendent of Police (Special

Branch).

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

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 7th October, 2024.

——————

Department of Public Health

—––

Order

No. 8/1/2003-III/PHD/3037

Government is pleased to accept the notice of voluntary retirement dated 21-08-2024 tendered by

Dr. Shilpa Waikar, Associate Professor and holding the charge of Professor & HOD in Institute of Psychiatry

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

617

and Human Behaviour, Bambolim under Rule 48-A

of CCS (Pension) Rules, 1972 and relieve her from

the post of Associate Professor and the charge of

Professor & HOD (Actg.) in Psychiatry under

Institute of Psychiatry and Human Behaviour,

Bambolim w.e.f. 04-11-2024 (a.n.).

By order and in the name of the Governor of

Goa.

Gautami Parmekar, Under Secretary (Health-I).

Porvorim, 4th October, 2024.

—–––––—

Order

No. 4/9/2016-II/PHD/Part/3045

Read:

Memorandum No. 4/9/2016-II/PHD/Part/

/1653 dated 25-07-2024.

On the recommendation of the Goa Public

Service Commission as conveyed vide their letter

No. COM/I/5/30(43)/2023/104 dated 21-06-2024,

Government is pleased to appoint Miss Pamela

Virgil DSilva to the post of Lecturer in Physiotherapy

(Group “A” Gazetted) in Allied Health Science

Courses in Goa Medical College & Hospital,

Bambolim-Goa in Level-10 of Pay Matrix [Pay Band-3

Rs. 15,600-39,100+G.P. Rs. 5,400/- (pre-revised)] with

immediate effect and as per the terms and

conditions contained in the Memorandum cited

above.

Miss Pamela Virgil DSilva shall be on probation

for a period of two years.

Miss Pamela Virgil DSilva has been medically

examined by the Medical Board and her character

and antecedents have been verified by the

Magisterial Section, O/o. the Collector & District

Magistrate, South Goa District, Margao-Goa.

The appointment is made subject to verification

of her Bachelor’s Degree Certificate. In the event of

any adverse remarks noticed by the Government on

verification of her Bachelor’s Degree Certificate, her

services shall be terminated.

The appointment is made against the vacancy

occurred vide Order No. 4/1/2018-II/PHD/

/1194 dated 22-08-2019 and due to promotion of

Ms. Alisha Gracias, Lecturer in Physiotherapy to

the post of Assistant Professor in Physiotherapy,

Allied Health Science Courses in Goa Medical

College & Hospital, Bambolim-Goa, vide Order No.

4/13/2022-II/PHD/796 dated 19-05-2023.

By order and in the name of the Governor of

Goa.

Gautami S. Parmekar, Under Secretary (Health-I).

Porvorim, 7th October, 2024.

Department of Revenue

––

Notification

No. 28/4/5/2024/RD-I/1050

In exercise of the powers conferred by Clause (a)

of Section 35 of the Goa Land Revenue Code, 1968

(Goa Act No. 9 of 1969) (hereinafter referred to as

the “said Code”), the Government of Goa, being of

the opinion that it is necessary in the public interest

for the purpose of carrying out the objects of the

said Code, hereby exempts the land admeasuring

an area of 700 sq. mts., surveyed under Survey No.

34/1 of Goa Velha Village of Tiswadi Taluka, District

North Goa, State of Goa, from the payment of fees

amounting to Rs. 2,52,000/- (Rupees Two lakh fifty-

two thousand only) payable under Clause (ii) of sub-

-section (6) of Section 32, and penalty amounting to

Rs. 5,18,400/- (Rupees Five lakhs, eighteen thousand

and four hundred only) payable under Section 33, of

the said Code subject to the condition that the said

land shall be used exclusively for the purpose of

construction of a school/educational institution.

This Notification shall come into force on the

date of its publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 9th October, 2024.

—–––––—

Notification

No. 28/4/6/2024/RD-I/1042

In exercise of the powers conferred by Clause (a)

of Section 35 of the Goa Land Revenue Code, 1968

(Goa Act No. 9 of 1969), (hereinafter referred to as

the “said Code”), the Government of Goa, being of

the opinion that it is necessary in the public interest

for the purpose of carrying out the objects of the

said Code, hereby exempts the land admeasuring

an area of 10,000 sq. mts., surveyed under Survey

No. 125/1-B of Betora Village of Ponda Taluka,

District South Goa, State of Goa, from the payment

of fees amounting to Rs. 36,00,000/- (Rupees Thirty-

-six lakhs only) payable under Clause (ii) of sub-

-section (6) of Section 32, and penalty amounting to

Rs. 21,09,600/- (Rupees Twenty-one lakhs, nine

thousand and six hundred only) payable under

Section 33, of the said Code subject to the condition

that the said land shall be used exclusively for the

purpose of construction of a school/educational

institution.

618

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 29

17TH OCTOBER, 2024

This Notification shall come into force on the

date of its publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 10th October, 2024.

—–––––—

Notification

No. 28/4/4/2024/RD-I/1024

In exercise of the powers conferred by the second

proviso of Clause (ii) of sub-section (6) of Section 32

of the Goa Land Revenue Code, 1968 (Goa Act No.

9 of 1969), the Government of Goa hereby exempts

the Society of the Franciscan (Hospittaler) Sisters of

the Immaculate Conception, Devine Providence

Convento, Cana Benaulim, Salcete, Goa, a society

registered under the Societies Registration Act,

1860 (Act No. 21 of 1860) before the office of

Inspector General Societies, Panaji under No. 370

dated 03-10-1972, from the payment of fees

amounting to Rs. 6,84,000/- (Rupees Six lakhs and

eighty-four thousand only) payable under the said

Code, for conversion of land admeasuring an area of

4,560 sq. mts., surveyed under Survey No. 1, sub-

-division No. 1-E of Cana Village of Salcete Taluka,

District South Goa, State of Goa, subject to the

condition that the said land shall be used

exclusively for the purpose of construction of

Hospital Building.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 8th October, 2024.

——————

The Mhapsa Consumers’ Co-operative Society Ltd.

“Mapusa Bazaar”, Shop No. 250, Mapusa Municipal Market, Mapusa-Goa

–––

FORM-24

(See Rule 111A)

Form for declaration of result

In pursuance of powers conferred by sub-section 6 of Section 66 of the Goa Co-op. Societies Act, 2001,

I, declare the result of office bearers as follows.

Election of Office Bearer of “The Mhapsa Consumer’s Co-operative Society Ltd., Mhapsa Municipal

Market, Shop No. 127, Mhapsa, Bardez-Goa”.

Sr.

Name of

Designation

Address, contact number

No.

the candidate

and e-mail ID of the candidate

Dhaujekar Shivanand

Chairman

242-2, Angod, Bardez-Goa

Ramchandra

9822980422

Azgaonkar Bhiku Krishna

Vice-Chairman

H. No. E-88-16, Khorlim, Mapusa, Bardez-Goa

9637895038

Tanshu R. Mayekar, Authorized person & Jr. Auditor/Inspector, O/o. Asst. Registrar of Co-op. Societies,

North Zone.

Mapusa, 7th October, 2024.

V. No. AP-894/2024.

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PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—227/80—10/2024.