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,\ :RECiD. GOA·II I Panaji, 14th August, 1986 (Sravana 23, 1908) SERIES I, No. 20

OFFICIAL GAZETTE , "

GOVERNMENT . OF GOA DAlMAN AND . DIU , , .' , ,', ,.1 ' , '_ '

:4 ..

GOVERNMENT OF, GOA, DAMAN AND DIU

Department of Personnel and Administrative Reforms,

Notification

1/13(2)/76-PER

In exercise of the powers conferred by the proviso

to Article 309 of the Constitution, read with the

Government of India, Ministry of Home Affairs Notification No.' F.1/29/68·GP dated 29·6·1968, and in supersession of the existing Recruitment

Rules for the posts, the Lieutenant Governor of Goa, Daman and Diu hereby makes the following 'rules relating to recruitmenLto the General Central Ser·

vice; Group 'A' Gazetted posts in Public Works

Department, Government of Goa, Daman and Diu, namely: ---.:

,1. Short title., application and commencement.­(1) These rules may be called the Government of Goa, Daman and Diu, Public Works Department Group 'N, Gazetted post Recruitment Rules, 1986.

(2) Application: Thes'l rules shall apply to the,

posts specified in Coillmn 1 of the Schedule to these

rules (hereinafter ·called as the "said Schedule").

(3) They shall come into force from the date of publication in the Official Gazette.

2. Number,classification and scales of pay. - The number of posts, classification of the said posts and the scales of pay attached thereto shall be ~s specified in Columns 2 to 4 of the said Schedule:

Provided that the Government may vary the num. ber of posts in 'Column 2 of the said Schedule' from

time to time subject to exigencies of work.

3. Method of recruitmen~ age Iinrlt and other qualifications. - The method of recruitment to the

. '.- .

said posts, age limit, qu~lificationsand other matters connected therewith shall be as specified in Columns 5 to 13 of the said Schedule. ~

4. Disqualification.-No person who has entered

into or contracted a marriage' with a person haVing

a spouse living or who, having a spons!" living, has'

entered into or contracted a marriage with any

person, shall be eligible for appointment to the

service:

Provided that the Government may if satisfied , that such marriage is permissible under the personal Law applicable to such' person and the .other party, to the marriage and that there are other grounds for

so dOing, exempt any person from the operation of this rule.

5. Power to relaX. - Where the' 'Government is of the opinion that it is necessary or expedient S0 to

do, it may, by order, for reasons to be reeorded in writing and in consultation with 'the Union Public Service Commission relax any of the ,provisions of

these rules with respect to any class or category of persons,

6. S~ving. - Nothing in these rules shall affect reservation, relaxation of age linlit and other con·

cessions required to be provided for, Scheduled Ca3·

tes, Scheduled Tribes and other special. categori"s of

persons in accordance ~ith the orders issued by the Central Government from time to time in that regards.

7. These rules are issued with the approval of the

Union Public Service Commission, granted under their letter No, F. 3/29 (7) /79·RR dated 18.4.1986.

By order and in the' name of the Lieutenant Governor of Goa; Daman and Diu.

N. P. Gaunekar, Under Secretary (Personnel).

Panaji, . 18th June, 1986. , ,

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Name ot the No. ot CIassl~ Scale of post ~~ tJcaUon pay

1

:. 1. Supe­rintend .. IngEn­glneer/ /Sup­erlnten­ding Surveyor, of Works (Civil).

) y

2. '

8 (1986) Subject to varl ... -ation depen­dent 'on work .. load.

3

Gene .. ral Central Service Group lA' Ga.­zetted

.4

Rs. 1500--60--1800--100--2000.

~~, ~!l>'2 t:(I.>'g'tl.;3SN: (1.>;:" t: OH-

SCHEDULE

r

Whether selection

post or non-selec~ tlon post

Age limit for direct

recruIts

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Educational and, other

qualifications required -for

direct recruits

5

Selec­. tion

6

Not ex­ceedIng 45 years. -(Re--' Jaxtlb1e for Government

, servants upto'5 years in accord .. ance With the instruc':' tio'ns or or­ders issued by the Cen­tral Govern­ment).

Note: The crucial date .for'determi­ningtheage limIt shall be the clo .. · Sing date for receipt of applica­tions from candidates in India (other than those in An~ danian ana Nicobar Islands and Lakshad­weep) •.

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6(0)

No.

u

7

Essential:

I) Degree in. Civil Engi­neering of a recog ..

. nised University or equivalent.

ii) 10 years' experience in Civil Engineering Wor.ks.

Note 1: Qualifications' are·' relaxable at 'the discretion of the U.P. S.C. in case of candi .. dates otherwise well qualified.

Note 2: The quallfica­tion(s)' regarding ex­perience is/are relax;., able at"- the discretion of the U.P.S.C. in the Case of' candIdates be­longing to Scheduled' Castes and Scheduled Tribes. if, at any stage of selection, the U.P. S.C.- 'is of the opinion that sufficient number of candidates from these 'communities 'pos ..

'sessing the req'ulsite experience are not likely to 'be available to fill up the vacancies reserved for them;

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PerIod of pro­bation if any

9

Age: No N.A. EQ:Yes .

• Method ot recruitment

whether by dil'e(lt recruitment or by

promotion or by

In case of recruit­ment by promotion/ /deputation/transfer,

HaD.P.C . exIsts, ' what is its com­position

dep.,utation/transfer, and percentage of the vacancies to

be fille:<! ,by various mothods

grades fFom which promotion/depu­tation/transfer is to be made

10

By promotion faU .. Ing which by transfer on de­putation and fat .. Ing botb by di­rect r e crui t .. ment.

11

Promotion: Executive EngI­

neer /~urveyor of Works (Ci .. vII) with 5 years' regular £ervice in the . grade ..

TratU3!er on deputaUon:

Officers of tbe Central/State Govts./Unlon Territories hold .. ing:-

ali) posts of the rank of Stipe" nnt,ending En­gineer on are .. gular basis; .or

Ii) with 5 years regular service of the rank of . Executive Engi­neer; a'nd

. b) possessing de­gree, in CIvil En-' -gineering of a recogzrlsed lInd .. versity of equi· valent.

12

1) Group lA' . D.P.C. (for considering promotion) ;

I) Chairman/ JMember, U.P.S.C.­Chairman. il) Chief Se­cretary Goa -Member. iii) Adminis­trative Se­cretary, Goa -Member~

2) Group lA' D.P.C. (for considering' confirmation) .

i) Chief Se­cretary, Goa -Chairman. il) Adminis­trative' Se .. cretary, GOa ....:...Member •

Note: -The Proceedings of tbe D.P.C. relating to confirmation

'shall be sent to tbe Com­mission for approval. If,

,r ) - , ,,F" .'~,~

(The departmen­tal officer in the feeder cate­gory' who are in the, direct. line of prpmo .. tion will not be eligible for can .. sideration for appointment on deputation. Si .. mllarly deputa­t.lonlsls. shall not be eligible~ for' considera .. tion for appoint .. ment or promo-

. however, these are not approved by the . Commis­sion a fresh meeting of the D.P.C; to ,be ,presi .. ded over by the Chair­man or a Member of the U.P.S.C. shall b<) held,

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Coilsulta":' tion with U.P.S.C; necessary while se~ lecting an officer for appoint­ment on

. deputa­tion.

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2- Supe­r1ntend~

ing En~ gineer (Mecha­nical/ /Elecc

. trical).

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·1 (1986) Subject to -vari­ation 'depen­dent on work­load.

Gene~

ral Central Service 'Group (A' Ga~ zetted

Rs. 1500--60--1801>--100-.-2000.

Selec~ tion

~.

Not ex~ ceeding 45

years. (Re­laxable for Government servants up~o 5 years 1n. accord­ance with the instruc-' tions or or­ders issued by the Cen­tral Govern­~ent).

Note: The crucial c:ia.te for determi­ning,the age limit shall be the clo­sing date for receipt of applica-

. tions from candidates in India (other than those in An­daman and Nicobar Islands and Lakshad­weep).

c

No. Essential: 'Age": No OIJ.e i) Degree in Mechani- EQ: y~s year

call Electrical Engi-neering of a recog-niSed University -01'

. equiv~ent.

U) 10 years; experience . in Electrical/Meeha­n i c-a I . Engineering works.

Note1: Qualifications are relaxable at the discretion -of the U.P. S.C. in case of candi.,. dates othe~se' well qualified. "

Note 2: The qua~ica .. tiOD (s) regarding ex~ perience is/are relax­able at the discretion of theU.P.S.C. in the

- case of candidates be-. longing to Scheduled Castes ,a;nd Scheduled Tribes if, at any stage of selection, the U.P. SoC. is Of theopinlon

. that sufficient number of candidates from these c9mmunities pos ... ses'sing the' requisite experience, are not likely to be available to f1ll up the vacancies reserved for thenL

P, '

.~ .. ' - ~

By promotion fail~ Ing which by transfer on de­putation and fai~ ing both by di­rect re'cruit­ment.

:"': }-~;\~ llon. Period of "

. deputatio;n- il1~

cl~dIng period of deputation in 'another ,ex-ca~ dre post held immediately . . preceding' this apPointment in the same orga­nisation/depart. inent shall not exceed 4 years).

Promotion:

Executive Engi­neer /SurVeyor of Works (Me­chanical/Elec­trical) with 5 years' regular service in the grade.

Trp)nsjer on deput~twn:

Officers of the Central/State Govts./Union Territories hold ... fng: -,

-ali) ,posts of the rank ot Supe­rintending En­gineer on a re­gular basis; or

11) with _5 years regular service of the'rank of Executive Engi­neer; and

Q) possessing de­gree in Mechani­cal/Electrical Engineering of a recogniaed University or ' e,quivalet;lt.

(The departmen­tal ,officers in the feeder cate­gory who are

. in the direct line of promo- . tioD Will not b_e eligible for COD­sideration for appointm.ent on deputation. Si­milarly deputa­tioDists shall not" be eligible- . for considera ..

1) Group 'A' D.P.C. (for consideIiiig

, p:r;-omotion).

i) Chairman! /Member, U.P.S.C.~ Chairman. ii) Chief Se­cretary Goa Adm. -Member. iii) Admlnis-. trative Se-­cretary, -Member. Iv) Heado! the Depart­ment~

Member.

2) G:roup 'A' D.P.C.(for conSidering confirmafion) . i) Chief Se­cretary, GO~ Adm. - Ch'airman. i1) Adminis­trative Se­cretary, -~ember.

iii) Head of the Depart­ment­Member.

Note: The Proceedings of theD.P.C. relating to confirmation shall be sent to the Com­mission .for approval. If,

. however, . these are. not approved by the Commis-

Consulta­tion with U.P.S.C. necessary while ma­king 4irect recruit­ment and selecting an officer .for appo­intment on deputa- _ tioD.

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3. Execu .. tive En~ gineer (Civil) Survey;. or of Works (Civil).

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28 (1986) ~ubj~ct to vari" ation depen­dent on work­load.

3

Gene­ral Central Service Group 'A' Ga­zetted

4

Rs. 1100--50--1600.

5

Selec­tion

·6

~

Not ex­ceeding 40 years. (Re­[axable for Government servants upto 5 years in accord­ance with the instruc­tions or or­ders issued by the Cen­tral Govern­ment) ..

Note: The crucial date for determi­ning the age limit shall be the clo­sing date for receipt of applica-' . tions from caxididates in India (other than

. those.in AI;l.-daman -and Nicobar

-Islands and Lakshad­weep).

6(a)

No.

~.

7

E •• "",tl4l:

i) Deg~ee in Civil Engl ... neering of a recog .. , nlsed Uriiversity or equ~Valent ..

Ii) 5 years! experience in C i v i I Engineering· works.

Note- 1: Qualifications are relax~ble at" the discretion of -the U.P. s.c. in case -of candi-:­dates otherwise.. well ·qualified. . .

Note 2: The, qualifica-, tion(s). regarding ex--: perience is/are relax .. able at the' discretion of the U.P.S.C; in the case of candidates 'be­longing to Scheduled Castes and 'Scheduled Tribes if, at any stage of , selection,", the -U.P:· ·S.C. is of the opinion that sufficient number of candidates from these ,communities pos~' sessing the' 'requisite experience ~re': not likely to be available to fill up the vacancies reserved for thel)1.

8

Age: No EQ: Yes

• 10

1· year for di­rect re­cruits.

. ~y 'promotion"fail­ing which by transfer on de­putation and fai­ing both by di­rect recr,uit-

2 years for promo­tee of­ficers.

Mento '

(C) ',> \_.,./

11

tion for appoint­. ment by promo­tion. Period of deputation in­'Clud,1ng period' of deputation in another, ex-ca­dre _ post held immediately .. preceding this appointment ,in the same orga­nisation/depart­ment shall not exceed 4 years).

Promotion.: Assistant Engi­. neer I Assistant , Surveyor, of Works (Civil) Engineering Assistant (Ci­vili, Municiphl Engineer (Civil) with" 8 years' regular service in the respective

. grade.

Transfer on deputation:

Officers under th~ Central/State Govts./Union . Territorie:;;: -

ali) holding ana:­logous posts of Exe'cutive Engi­neer on regular basis; or.

,ii) with 5 years' "" regular service

, hi. posts of-the ' rank of Assis­tant Executive Engineer; or

iii) with 8 years' regular service

" of the' rank of . Assistant Engi~ neer; and

b) possessing de­gree in Civil En­gineering of a. recognised Uni~ versity or- equi~ valent.

(The departmen­tal officers in the feeder ~ate-

12

sion a fresh meeting of, the D. P. C. to be ,presi-. ded over by the Chair­man or a Member of the U.P.S.C. shall be held.

1) Group -jA' D.P.C. (for considering '. promQtion).

i) Chairman/ /Member, U.P.S.C.­Chairman. ii) Chief Se:" cretary Goa -Member. iii) Adniinis­trative Se­cretary, Goa ----'Member.

2) Group jA' D.P.C. (for considering. confirmation)-. ijChief Se­cretary. Goa - Chairmap. •. tt) Admiills­trative Se­cretary. ,Goa -Member.

]fote: The­Procee~:1ings of the D.P.C. relating, to confirmation shall' be sent to the Com­mission for approval. If. however, the are not approved py the Commis­sion 'a fresh meeting of the D.P.C. to lJ:e presi:­ded' over by

13 .

Selection on each occa­sion shall be made in consulta~

tion with the Union Pu­blic ,Ser­

vice Com­mission.

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4. Execu" tive En~ gineerl .. /Survey­or of works (Mecha­nical/. IElec­trlcal).

3 (1986) Subject to vari­ation depen­dent on \york-. load.

. Ft.. 1l1JO.' Selec-Gene .. ral Central Service (;.roul? 'A' Ga. .. 'zetted

-5()" "tion -1600.

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~

Not ex- No. ceeding 40 years. (Re-

'laxable for Government servants upto'5'years in" accord­ance with the instruc­tionS or or­ders issued by the Cen­tral Govern­ment).

Note: The crucial date for determi­ning the age limit shall .. be the c10.:. sing date for receipt of applica­tions from. candidates in ,India (other than those in An .. daman and' Nicobar Islands and Lakshad­weep)'.

Essentl<ll:

1) begree in, Mechanf­cal / Electrical Engi­neering of a ',recog­nised University. or equivalent.

ii) 5'years' experience in Mechanical;Electrical ~ngineeri:rig works.

Nate . 1: Qualifications are relaxable at the discretion of the U.P. S.C. in case of candi~ dates otherwise well qualified.·

-Note :3: The qualifica~ tioti(s) rega:rding ex~ perieJ;we is/are relax-' able at the discretion of the. U.P.S.C. in the case of candidates be~ longing to Scheduled Castes' and Scheduled Tribes -if;.<lt.any stage of selection, ·the U.P. S.C. is of the opi11ion that sufficient number of . candidates from

. the:;oe communities pos­sessing ,the requisite experi~nce are not likely to be available to fill u'p the vacancies reserved for them.

•

Age: No EQ:Ye.

.. "" . .a .... ".<~~

2 By promotion fail­ing which by transfer on de­putation and fai­ing both by di­

years for de­part­mental promo- rect r e c r ,u i t­tee and ment.

.1. year for di­rect re­cruit.

_._ ... -._---------, .. _.----_._--

;or

gory who are ill the direct line of promo':' tion will not be eligible tor con­sideration for apPOintment on deputation. Si­milarly deputi­tlonists shall not be eligible- . for considera­tion for appoint­ment by promo­tion. Period of deputati9n in .. ~luding period of deputation in another ex-ca-· dr. post held immediately preceding this appointment in the f:jame orga­nisation/depart­ment shall ordi­narily not ex­ceed 3 years).

Pl'omotion~

Assistant Engi-. ,neer (Mechani­ca1!Electrical)1 /Assistant S,ur­veyor of Works (Mechanical! /Electrical) I /Engineering '. Assistant (Me­chanica1/Elec­trical) with 8 years' regular service in the' ·respective grade.

Transfer on deputation:

Officers under the Central/State' Govts./Unlon Territories: -

ali) holding ana­logou·s posts o~ Executive Engi­neer on· regular basis; or

Ii) With 5 years' . regular service in· posts .of the rank of Assis­tant Executive E,ngineer; or

iii) with'" 8 years' regular service

the Chair­man or a member of the U.P.S.C. shall be held.

1) Group 'A' D.P.C. (for considering promotion).

i) Chairman/ /Member, U.P.S.C.­Chairman. ii) Chief se­cretary; Goa ~Member.

iii) Admi~­trative Se­cretary, Goa -Member •.

2) Group 'A' D.P.C. (for considering confirmation). i) Chief Se­cretary, Goa -Chairman. Ii) Adminis­trative' Se­cretary', Goa --=-Member.

Note: The Proceedings

,of the D.P.C . relating to confirmation shall .be sent to the Com­miSSion for

. },~~\

Selection 'On each occa­sii:m shall be made in cons"ulta­tion with the Union Pu~'

. bUc Ser­vice Com.-mission,

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of the rank of Assistant Engl~ neer; and

b) possessing ,de­gre~ in Mecha­nical/Electrical Enginee'ring- of

. a recognised University or 'equivalent.

(The departmen­tal officers in tl1e feeder eate· gory who a~e in the direct line of promo­tion. will not be eligible.for con­sideration for appointment on deputation. Si­milarly deputa­tionists shall not be ~ligible for considera­tion for appoint­ment by'promo­tion.· Period of deputation in­cluding perIod of deputation in another ex-caw, dre' post held immediately preceding" 'this appointment in the same' orga­nisation/depart­ment shall ordi­narily not ex­ceed 3 years).

.12

approval. If, however, these are Dqt approved by the Commis­sion a fresh meeting of the D.P, C . to be presi­ded over by' the Chair- ' man or a Member of the U.P.S.C. shall he held.

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14TH AUGUST, 1986 (SRAVANA 23,1908)

. Notification 1/22/85-PER

In exercise of the powers conferred by the proviso to . Article 309' of the Constitution; read with the Government of India, Ministry of External Mfairs Notification No. F.7 (11)62-Goa dated 25th July, 1963 and ih supersession of the existihg recr¢tment rules for the post, the Lieutenant GovernorQf Goa, Daman and Diu hereby makes the followihg rules relatihg to recruitment to the Group 'C', Non Ministerial, Non Gazetted post ih the Government Polytechnic under the Government of Goa, Daman and Diu; namely: -:.- .

1. Short title, application and commencement;­(1) These rules may be called the Government of

Goa, Daman and Diu, Government Polytechnic, Group 'C', . Non-Ministerial, Non-Gazetted postRe-eruitmentRules, 1986. .

(2) Applioation: These tul~~ shall apply to the posts specified in Column 1 of the Schedule to these rules (hereihafter .called as the "said Schedule").

(3) They shall comeihto force from the date of .C\tlication ihthe Official Gazette. .

/ 2. Number, classification and scales of pay.- The number of posts, classificatipn of the said posts and the scales of pay attached thereto shall be asspeei­fied in colunrns 2 to 4 of the said Schedule:

Provided that .the Governtnentmay vary the number of posts ih cqlumn 2 of the said Schedule from time to tiJile subject to exigencies of work.

3. Method of reernitroent"age lih1it and other qua­lifications. - The method of recruitmellt to the said posts, age limit, qualifications and other matters. connected therewith shall be as specified in coliunns . 5 to' 13' of the said Schedule. . . .

4. Disqualification. - No person who has entered 'into or contracted. a marriage with a person having a spouse living or who, havihg a spouse living, has

. entered into or contracted a marriage with any person, sha11 be eligible for appoihtment to the service:

«t.rovided that the Governmel1t may, if satisfied iliat such marriage is' permissible under the personal l"l'w applicable to such person, and the other party

. ~ the marriage and that there are' other grounds for so doing, exempt any person from the operation of this rule.

5. Power to relax. - Where the Government is of the opihion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writihg relax any of the provisions of these .rules with respect to any class or category of· persons ..

6. Saving. - Nothihg ih these rules shall affect re­servation, relaxation of age limit and other con­cessions required to be provided for Scheduled Castes, Scheduled Tribes and other special categories oIper­sons in accordance with the orders issued by the Central Government from time to time in that re-· gard.

. By order and ih the name of the Lt. Governor of Goa, Daman and Diu:

N.·P: Gaunekar, UnderSecretary (Personnel).

,Panaji, 25th J. illy, 1986. \, . ~ . , .

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376

law Department .. Legal AHairs Branch

Notification

7-15-8&/LA

The following Act which. was . passed by the Legislative Assembly and assented to by the Adini­nistratorof Goa, Daman and Diu on 1-8-1986 is hereby flublished for the general information of the public ..

P. V: Kadnekar, Under Secretary (Drafting).

Panaji, 5th August, 1986.

THE GOA, DAMAN AND Dlli APPROPRIATION ACT, 1986

(Aet No. ~. of 1986)

An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the Union territory of Goa, Daman and Diu for the services and purposes of the financial year 1986-87.

BE it enactl'ld by the Legil!lative Assembly of Goa, Daman and Diu in the Thirty-seventh Year of the Republic of·India, as follows: - . .

. 1. Short title. - This Act may be. called the Goa, Daman and Diu Appropriation Act, 1986. .

2. Issue of Rs. 2,52,00,36,000 out of the ConSOlidated Fund of the Union territory of Goo, Daman and Din for the' financial year 1986-87. ~ From and out of the Consolidated Fund of the Union territory of . Goa, Daman and Diu there may be paid and applied sums not exceeding those specified in column 5 of

. the Schedule, amounting in the aggregate [inclusive of the sums specified in column 5 of the Schedule to the Goa, Daman and Diu Appropriation (Vote on Account) Act, 1986 (Act No.2 of 1986) 1 to the sum

'of two hundred fifty two croresaud thirty six thousand ·r\J.pees towards defraying the several

. ·charge·s which will arise for payment during the . financial 'year 1986-87 in respect of the services and purposes specified in ·j)olumn 20f the Schedule.

3. ApproprjatiOIi. - The sums authorised to be paid and applied from and out of the Consolidated Fund of the Union territory of Goa, Daman and Diu, by this Act shall be appropriatedfor the services· and purposes expressed in ·the Sched1).l.e in relation to the said financial year.

. THE SCHEDULE (See Sections 2 & 3)

Services and purposes

1 2

~. Union Terri tory . Legislature a·n d Elections­Revenue ...

SUDUI not exceeding

Voted by .t\atrembly

3

!ta.

21,96,000

-Charged ,on the Conso~

Udated Fund of the .TInton Territorx ot Goa, Daman

and Diu

Rs.

'1,04,000

Total

•

%3,00,000

SERIES I N@. 20 ..

1 2

2. Miscellaneous Gene~ ral Services-Revenue ...

·3. Adm1n1stration ·of Justice-Revenue ...

4. Land ReY.enue, Stamps and Re-' glstratlon -

• Rs.

3.15,95,000 ,

49,90,000

Revenue ... 86,75,000

5. State 'Excise, Sales Tax-and Other Ta-

o xes and Duties-Revenue"' ... 79,00,000

. 6. Taxes-on vehicies--Revenue ...

- , Interest Payments-:-R.evenue ... .. ~

7. Police and Fire Ser­vices-.

. Revenue

8. Jails­Revenue ...

9. Stationery and Printlng­

. Revenue ...

Uk Other General and Economic Servi-

17,00;000

, 5,13,00,000·

24,00,000

70,00.000

4

Rs.

16,85,000

. 10,000

18/,11,93,000 ."

6 :-.- .. Rs.

3~31,80,OOO

50,00,000

86,75,000

79,00,000

17,00,000

18,71,93,000

5,13,00,000

24;00.()

\,

70,00,000

ces,­Revenue 90,60,000 . 90,60,000

11; Pension-. Revenue 2,55,00,000 ". 2.5~.OO.OOO

12. Public Works, Hou-sing and Urban· Development -Reve,nue ... "8,77.55,000 80,000 8,78,35,000 Capital. (including"

Loans) ... . 12,07,88,000 12,07,88,000 ----'-----

Total 20,85,4,3,000.

13.· Roads and. Bridges ~venue .... Capital ."

Total

.14. Education,· Art and· Culture-·

4,70;00,000 6,60,00,000

1],,30,00,000

Revenue ,." ·30,94,60,000 ' Capital, (including

Loans) .,. 58,80,000

Total 31,53,40;000

15. Medical, Family Welfare and. Pu~ blic .Health, Sani­tation and Water Supply­Revenue .,. Capital

Total

16. InfOrI)lation and Pu­bli~ity- .

19,20,63,000 8,68,52,{)()()

27,89,15,000

RevenUe .. ' 49,00,000 17. Labour and Em-

ployment-Revenue .. , 1;86,00,000

18. Social· Security· and .. Welfare, Relief on

account' of Natu-

80,000 20;86,23,000

-"7---

--~-

4,70,00,000 6,60,00,000

l1,30,~O,lJ)

A' 30,94;60,006

58,80,000 -.,--.

31,53,40,OUO

19,20,63;000 . 8,68,52,000

27,89,15,000

49,00,000

1,86,00,000

14TH AUGUST, 1986 (SRAVANA 23,1908)

1 • raI Calamities .and­Food-

3

Ro. '

Revenue ... 2,8O.57,OOG Capital (including

Loans) ... -13,04,05,000

Total 15,84,62,000

19. Cooperation and Community Deve~ lopment--Revenue ... 2,05,00,000 Capital (including

4

---

Loans) ... 89,()1,000 '

Total

20. AgriCultu~ and 'Al­lied Services-

2,94,01,000

. Revenue -... 9,34-,04,000 Capital (including

Loans) ... , 7,72,71,000

Total 17,06,75,000

~---

-----~-

i

R •.

, 2,80,57,000

13,()4,05,000

15,84,62,000

2,05,00,000

89,01,000 --,-,-,

2.94.01.0~O

9,34,04,000

7.72,71,000

17,06,75,000

legislative As~embly of Goa', Daman and DIu Legislature Department

LA/B/1795/86

Dt. 5/8/86

377

The following Bill which was introduced in the Legislative Assembly of Goa, Daman and Diu on ist August, 1986 is hereby published for general infor­mation in' pursuance of the provisions of Rule-136 of the Rules of' Procedure and Conduct of Business of the Legislative Assembly.

The Industrial, Disputes (Goa, Daman and Diu Amendment) , 'Bill, 1986

(Bill No. 27 of 1986)

A

-«t, j ,21" ."

Irrigation and Po­wer Projects­

'-Revenue .... BILL

J , Capital

Total ..

22. Industrles-

40,21,12,000 ~5.61,40.000

~5,82,52.000

Revenue" ... 1,05,62,000 Capital (inciudlng

Loans) ... 2,68,74,000

Total

-------

---'-~

40,21,12,000 15,(1l,40,000

55,82,52,000

1,05,62,000 .

2,68,74,000

3, 7 4.~6.000

. to, amend t1w Industriril Disputes Act, 1947 in ita applicatian to the Unian territory of Goa, Daman and Diu.

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in. the Thirty-seventh Year of the Republic of India as follows: - '

1. Short title, extent and commencement. - (1,) This Act may be called the Industrial 'Disputes (Goa, Daman and Diu Amendment) Act, 1986.

23. Ro8.d and" Water Transport Servi­ces (in cl u di n g Ports) -Revenue· -,.. 2,15,40,000 2,15,40,000 (2) It extends to the whole' of the Union territory Cap;ta1 2,65,70,000 2,65,70,000 of Goa, Daman ~d Diu.

---Total 4.81,~O,oOo ---- -4,81,10,000 (3) It ,shall come into force at once.

24. Tourism-

. Revenue ... Capital (including

Loans) ...

58,05,000

1,31,95,000

58,05,000

1,31,95,000

Total --,-..,.,,-">'-' -=: ~---

1,90,00,000 . 1,90,00,000

~ Public Debt­Capital (P u b Ii c

~---

Debt)... 20,48,98,000 20,48,98,000

25. Loans and Advances by the Union Territory Govern~ ments Capital (Loans

and Advances) ,1,32,16,000 1,32,16,000

GRAND TOTAL ... 2,12,61,66,000 ;J9,38!"I0,OOO 2,52,00,36,000

Revenue ... . .. 1,39,40,74,000 18,89,72,000 1,58,30,46,000' Capital (including

Public Debt and Loans) ... 73;20,92,000 ~0,48,98,000 93,69,90,000

Secretariat , ,

, Panaji-Goa.

(M. RAGHUCHANDER) Secretary to the Go'Vernment

of Goa, Daman and Diu Law Department (Legal Affairs

Branclt

Dated: 5th August, 1986.

2. Amendment o/aectian 7. - In section 7 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to- as the "Principal Act"), .in sub-section (3)-, after clause (d), the

, following' clauses shall be inserted, namely:-

"( d-1) he has practised as an advocl!te or "attorney for not less than seven years in the High Court, or any Court subordinate thereto, or any Industrial Court or Tribunal or Labour' Court, constituted, under any law for the time being in force; or

(d-2) he holds a degree in law of a univer­sity established by law in any part of India and is holding or has ,held an office llDt lower in rank than that of Deputy Registrar of any such Industrial Court or Tribunal for not less than five years; or

(d-3) he holds a degree in law of a univer­sity established by law in any part of India and is holding or has held ,an office not lower in rank than that of Assistant Commissioner of Labour uncler the State Government. for not less ,than five years; or"_

378 BERIES I No., 20 .~--------~----------------------~----

'3. Amendment' of section,' 7-A. - In section 7-A of the principal Act, in sub-section 3--,-

(i) in clause (a), after the words "Judge of High Court" the following words shall be inserted, namely:- '

"or a District Judge or a person qualified for appointment as Judge of a High Court".

(ii) in clause (aa), after the words "as Addi­tional District Judge", the words "or an Assistant Judge; or" shall be inserted.

Statement of Obiects and Reasons

Difficulty isb'eing experienced in appointing persons as the Presiding Officers of a Labour Court or Tribunal under 'the' existing provisions of sub­-section (3) of "section 7 and sub-section (3) of 7 A of the Industrial Disputes Act, 1947 as in this Union territory, there is a dearth of persons who CQuld satisfy the qualification mentioned in the said 'sub­-sections and as' a result, the post of Presiding Officer in the Tribunal is vacant. '

In order to surmount this difficulty it is proposed to relax the qualification of Presiding Officer of a Labour Court or Tribunal by amending sub-section (3) of ,section 7 and sub-section (3) of section 7A on the lines of the amendment carried out in the 'State of Maharashtra. This Bill seeks to achieve the above object.

Finandal Memorandum

No finanCial implications are involved in this Bill:

Panaji, 21st July, '1986.

Assembly Hall, Panaji, '

, 25th July, 1986.

, SUBHASH SIDRODKER M.L.A.

M. M.NAIK secretary to. the Legislative Assembly

_ of GOa. Daman and Diu .

(Annexure to Bill No. 27 of 1986)

The Industrial., Dispute' (Goa., Daman and Diu Amendment) Bill, 1986

.............. , .................................................................... . The Industrial Oi-sPtutes Act, 1947

(Central Act of ~4 of 1947).

....................................... , ............................................ .

Section 7~A

(a) he. is, or has been, a -Judge of_ a ~igh CouJ;t; .or (aa) "he has, for a period of not less than- tl)ree years,

been a- District Judge or an -Additional Distiict Judge; ,

/Assembl~ Hall,

Panaji, 25th 'JUly, 1986.

M. M.NAIK

Secretary to- the Legislativ.e Assembly of Go<,tt Daman and D'iu

LA/B/1813!1986

The following Bill which was introduced in the , LegiSlative Assembly of Goa, Daman and Diu on 5th August,' 1986 is' hereby published for general, infor­'mation in pursuance of the proviSions of Rule-136 of ,the Rules of Procedure and Conduct of Business of the Legislative Assembly.

The Goa; Daman and Diu Private Nursing Home !Regulation) Bill, 1986

(Bill No. 29 of 1986)

'A BILL,

to pr01!ide proper. treatment and ,adequate facilities such as proper accommodation and proper nursing' care to patients within the framework of the 80cio '

, economic condition of the patients. '

BE it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-seventh year of the Republic of India as.follows: - '

p'reliminary ,

1. Short title, extent and commencement. - (1) This Act may be' called the Goa, Daman and Diu Private Nursing Home (Regulation) Act, 1986.

(2) It extends' to the whole of the Union territory' of Goa, Daman and Diu.

(3)' It shall corne into force on such date as the Government 'may, by notification in the Official G8J;ette, appoint. '

2. Definitions. ~ In this Act, unless, the 'context otherwise requires,--

(a) 'appointed day' means the' date on which the provisions of this Act came into force;

(b)' 'competent authority' means any person' or persons or authority appointed by the ,Government to perform the functions of the competent autho­rity under this Act and different persons or autho­rities may be appointed to perform different func­tions;

(c) 'Government' means the Government of ' Goa, Daman and Diu; ,

(d) 'inspecting authority' means the Deputy Directors or the Health Officers or the Chief Medi­cal' Officers of the Directorate of Health Services, Government of Goa, Daman and Diu;

(e)' 'licence' means a licence granted under the provisions of this Act; ,

, (f)' manager' in relation to a private nursing 'home means the person" by whatever name or designation called who is a qualified medical prac­titioner and is in charge of or is entrusted with, the running of private nursing home;

(g) 'medical treatment" means treatment in modern medicine 'or in any system of medicine like the Ayurvedic, the Unani, the Homoepath.ic and the Naturopathic;

(h) 'modern' medicine' means the western me­thods of allopathic medicine; obstetrics and surgery and it inCludes also radiotheraphy, criotheraphy, ultrasonic or any other method used in treatment of diseases, by modern appliances and apparatusi

(i) 'nursing home' means a hospital or clinic or ,any other place where huinan,diseases are given preventive and or curative medical treatment;

(j) 'Official Gazette'means the Goa, Daman and Diu Government Gazette;

•

3'19 14TH.A.UGUST,1986 (SRAVANA_2.:..3.::.,_1_90....:8.::.)_· ~-'-____ ~_~ __________ _

(k) 'private nursing ho.me' means. a nursing ho.me which is no.t o.wned o.r sPo.nso.red by the Go.vernment o.r the .Central Government;

(I) 'sectio.n' means sectio.n o.fthis Act;

(m) 'qualified medical practitio.ner' means me­. dicalpractitio.ner registered in the Unio.n territory

o.f Goa, Daman and Diu under the law in fo.rce for the registratio.n o.f medical practitio.ner.

·3. PJjvate nursing hGme to be Iicensed •. -On o.r after theapPo.inted day, no.~riv!l;te n~rsmg ho.;ne shall be established, run o.r mruntained III the Umon territo.ry of Goa, Daman and Diu except. t;nder and in acco.rdance with the terms and co.nditions o.f a licence:

Pro.vided that a private llursing ho.me inexistence immediatelybefo.re the appointed day shall alSo. apply fo.r the licence within a perio.d o.f fo.ur mo.nths from such day and pending orders thereon, may co.ntinue to. be run but subject to. theproVisio.ns o.f this Act.

4. Standards •. - Every private nursing ho.me shall co.nfo.rm to. the· standards which may be prescribed regarding the o.peration theatre, accommodation, staff, facilities to. be provided to. th:e patients, main­tenance and like matters.

5. Fees to be charged. - (l)Fo.r the medical treat~ ment given, no private nursing home shall charge o.r co.llect fees in excess of the scales o.f fees· that may be prescribed.

. (2) Fees shall be prescribed haVing regard to. the nature o.f the disease, the· treatment and o.ther :ike matters.

6. ApplicatiGn fGr· licence. - Every perso.n desiring to. establish, run, maintain o.r co.ntinue to. run a pri­vate nursing home shall make an applicatio.n to the co.mpetentauthority in such form and alongwith such fees as may be prescribed.

7.DisPGsal Gf applicatiGns. - (1) On receipt o.f the application under sectio.n 6 and after such. enquiry as he may deem necessaz:;y, the competent authority may, by order, grant o.r refuse to grant the licence. Where the licence is refused, brief reasons for such . refusal shall be given. .

(2) Every o.rder under sub-section (1) shall as soon as. may be after it is ·made, be co.mmunicated to the applicant:

Provided twit where no. such communication is issued before the expiry o.f ninety days fro.m the· date o.n which the applicatio.n was made, the licence shall be deemed to have been refused. .

(c) such other facto.rsas may be·prescribed; .

. 9. InspectiGns, etc. - (1) The inspecting autho.rity may at any time, inspect a private nursing ho.me to. satisfy himself that the pro.visio.ns o.f this Act and the co.nditions o.f the licence are being duly o.bServed.

(2) If as a result of such inspectio.n any defects o.r deficienCies are noticed, the inspecting autho.rity may, by order, direct the manager to. remedy the same within such time as may be specified in the o.rder. Thereupon, the manager shall co.mply With every such direction and make a repo.rt o.f co.mpliance to. the inspecting autho.rity.

10. Defaults. - (1) If in any private nursing ho.me a free access to. the inspecting autho.rity is o.bstructed o.r prevented in any manner by the manager o.r his staff, the co.mpetent autho.rity after receiVing such info.rmatio.n and after giVing the co.ncerned person an o.Pportunityo.f being heard, may impose a fine which may extend to. five hundred rupees witho.ut detriment to. aliy o.ther actio.ntaken under sub-sec­tio.n (2).

(2) If any private nursing ho.me Co.mmits default in o.bserving any of the co.nditio.ns o.f the licence o.r fails to. co.mply with the directio.ns issued under sectio.n 9 o.r co.ntravenesany o.f the pro.visio.ns o.f this Act, the co.mpetent autho.rity may, by o.rder, revo.ke the licence:

Pro.Vided that no. such o.rder shall be made except after giVing the person concerned an o.PPo.rtunity o.f making representatio.n against the pro.Posal.

(3) The fine impo.sed shall be paid by the manager o.f the nursing ho.me within the period o.f ten days fro.m the date of such o.rder. In case of no.n-paYment o.f fine within the period o.f ten days, the same shall be reco.vered as an arrear o.f land revenue nuder the law fo.r the time being ill fo.rce.

11. Appeals. - (1) Any person who.se applicatio.n fo.r licence is refused o.r deemed to. ihlave been refused and any person aggrieved. by any o.thero.rder under

. this Act, may prefer an appeal to. the prescribed appellate autho.rity.

(2) Every- such appeal shall be preferred within thirty days from the date o.f the o.rder appealed against is co.mmunicated o.r is deemed to have been made. The o.rder o.f the. appellate autho.rity on appeal· shall be finai. .

12. Penalty. -"- Who.ever co.ntravenes any o.f the pro.visions of this Act o.r the terms and co.nditio.ns o.f a licence shall be liable, o.n co.nVictio.n, to imprison, ment which may extend ·to.s.ix mo.nths o.r with fine which may extend to..five tho.usand rupees. .

8, Fa~tox:s to be ta~en ~to accGunt in disposing . o.f applica~Gn, - In disPo.smg o.f the applications under section 6, the Co.mpetent autho.rity shall have regard to' the fo.llo.wing,namely:_

13. Cognizance and trial Gf Gffence. -(1) No. Co.urt inferio.r to that of Judicial Magistrate o.f first class .shall try any o.ffence under this Act: .

ProVided that no. such Court shall take co.gnizance o.f o.ffence except o.n a complaint made by the co.mpe­tent autho.rity o.r.any o.ther o.fficer authorised by him :either generally o.r specially in writing.

(a) ~whe~herthe p:emises ho.using the nur~g ho.melS sUItable hygienically o.r o.therwise; .

(b) wh~th~r th.e: nursing ho.me· is· adeqwi:tely staffed With qualified docto.rs, nurses, technical and o.ther personnel; and

.14. ~demnity. - No. smt o.r iegal proceedings shall he agamst the Government o.r any o.fficer. o.f the

Government in respect of anything which is in good faith done by ?r under this Act. .

11). Rules. - (1) The Government may, subject to the condition of previous publication make rules for carrying out the purpose Of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely: ..,- .. '

(a) the standards referred to in section 4;

(b) form of application under section 6;

(c) condition SUbject ,to whicbJ licence may be granted;

(d) other factors to betaken into account Under sectionS; ,

(e) fees to be paid on applications and appeals; ,and ' ' . . ,

(f) the fees to be charged for the medical treat­ment given, the accommodation and facilities ,pro­vided. '

16. Repeal and saving.- (1) On the commence-mentof the Act, any law in force in the Union terri­

, tory of Goa, Daman and Diu providing for any matter , for which provision is made in this Act, shall sta.nd , repeaied. '

(2) Not-withstanding the repeaiby this Act of any corresponding lfl,w, all the rules, regulations and bye-laws relating to the nursing home made under such corresponding law and in force immediately before the commencement of this Act shall, except where and so far as they are inconsistent with (.r repugnant to the provisions of this Act,continue to be in force until altered,amended or repealed by rules made under this Act.

Statement of Objects and Reasons

There is quite a large number of private nursing homes in ,this Union Territory and the Government is not in a position to regulate their activities as there is no suitable legislation to, tlJIat effect.

SERIE.S I No. 20

This Bill, therefore, seeks to regula,te the functio­ning of, private nursing homes so as to ensure proper Medical treatment and adequate fa.cilities such ' as proper accommodation and proper nursing care to patients' at reasonable. cost.

Memorandum of' DeleSlated Legislation

Clause 11) of the Bill empowers the Government to make rules for carrying out the purposes of the Act.

This delegation is of normal character.

Financial Memorandum

Under the Bill, most of the duties are to be per' formed by the existing staff of the Directorate of Health Services. At this stage, no financial implica­tions are involved. ,However, there would be some financial implications involving future expansion and the strengthening of services to meet the require-ments of the Bill. '

The Bill hlsoprovides for levying certain finel> for default or contravention of the provisions of the Bill on the part of the management of the concerned Institutions. The t:evenue which may be accrued on this account cannot be ascertained at this stage. '

Panaji, SHAIKH HASSAN HAROON, 4th August, 1986. Minister for Health

Panaji, M. M. NAIR 5th August, 1986.· Secretary to the Legislative Assembly

Assembly Hall, " of Goa, Daman and Diu

.Administrator's recommendation under Section 23 of Government of Union Terri-tories Act, 1963. '

In pursuance of sub-section (1) and (3) of Section 23' of the Government of Union terri­tories Act, 1963, the Administrator of Goa, Daman and Diu, has recommended to the Legislative Assembly of Goa, Damand and Diu' the introduction and consideration of the Goa, Daman and Diu Private Nursing Home (Regu-lation) Bill, 1986. '

, , '

GOVT. PRlNTING PRESS-GOA (Imprensa Nacional -- Goa) PRI(JE - Rs,' 1-20 i>s;

\

':),