regd. j official gazette

10
f REGD. .GOA -6 J Panaji, 2nd November, 1918 (Kartika 11, 1900) SERIES I No. 3 I . OFFICIAL GAZETTE GQVERNMENT OF GOA, DAMAN ,AND DIU GOVERNMENT OF GOA. DAMAN AND DIU Department of Personnel and Administrative Reforms ..f Notification 1-47(2)/76-Div. I In exercise of the powers conferred by· the proviso to Article 309 of the Constitution, read with the Government of India, Ministry of External Affairs letter No. F. 7 (11) /62-Goa dated 25th July, 1963, the Administrator of Goa, Daman and Diu is pleased to declare that the rodsting· recruitment rules to Group 'D' common posts under the Governmep.t of Goa, Daman and Diu mentioned at Sr. No.1 of the Schedule attached to the Notification No. 1-2-74- ·SPL (2) dated 15-9-1975 published in the Official ·Gazette No. 32, Series I dated 6-11-1975 are also applicable to the following Group 'D', non-ministe- rial, .non-gazetted posts in the Directorate of Agri- culture. Field Worker .. : ........ . 116 posts. 2. These rules will come into effect from the date of the Notification I and will relate to appointment to the above posts made on or after this date. By order and in the name of the Administrator of Goa, Daman and Diu. V. J. Menezes) Under Secretary (Personnel). Panaji, 25th October, 1978. Notification 1-16-78-Div. I In exercise of the Powers conferred by the proviso to article 309 of the Constitution, read with the Government of India,· Ministry of External Affairs letter No. F. 7(11)/62-Goa dated the 25th July, 1963, the Administrator of Goa, Daman and Diu is pleased to· make the following rules relating to recruitment to Group 'C' and Group 'D' non-Ministerial non- -Gazetted posts in the Directorate of Sports and Cultural Affairs, Panaji under Government of Goa, Daman and Diu. 1.;Short title. - These rules may be called Go- vernIn;ent of Goa, Daman and . Diu, Directorate of =- Sports and Cultural Affairs Group 'C' and Group 'D' non-Ministerial non-Gazetted posts Recruitment Rules, 1978. 2. Application. - These rules shall apply to the posts ·specified in column 1 of the Schedule to these rules . 3. Number, cla$sifieationand scale of pay.-The number of posts, classification of the said posts and the scales of pay attar-hed thereto shall be as speci- fied in columns 2 to 4 of the said Schedule. . 4. Method· of recruitment,. age limit and other qualifications. - The method of recruitment to the -said posts, age limit, qualifications and other matters connected therewith shall be as specifie4 in columns 5 to 13 of the aforesaid Schedule. Provided that, (a) the maximum ag.e limit specified in the Schedule in respect of direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes and Sche- duled Tribes and other special categories . in accordance with the orders issued by . the Government from time to time; (b) no male candidate, who has more than one wife living and no f.emaJe candidate, who has married a person having already a wife living, shall be 'eligible for appointment, unless the Government, after having been satisfied that ther,e are special grounds for doing so, any such candidate from the operation of this rule; (0) Saving: Nothing in these rules shall affect reservations, relaxation. of age-limit and other concessions required to be provided for Scheduled Castes and Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard. 5. These rules' will co;me into effect from the date of the Notification and will relate to appointments to the various posts made on or after this date. By, order and in the name of the Administrator of Goa, Daman and Diu. V. Menezes) Under Secretary (Personnel). Panaji, 27th September, 1978.

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Page 1: REGD. J OFFICIAL GAZETTE

f REGD. .GOA -6 J

Panaji, 2nd November, 1918 (Kartika 11, 1900) SERIES I No. 3 I .

OFFICIAL GAZETTE GQVERNMENT OF GOA, DAMAN ,AND DIU

GOVERNMENT OF GOA. DAMAN AND DIU

Department of Personnel and Administrative Reforms

..f Notification

1-47(2)/76-Div. I

In exercise of the powers conferred by· the proviso to Article 309 of the Constitution, read with the Government of India, Ministry of External Affairs letter No. F. 7 (11) /62-Goa dated 25th July, 1963, the Administrator of Goa, Daman and Diu is pleased to declare that the rodsting· recruitment rules to Group 'D' common posts under the Governmep.t of Goa, Daman and Diu mentioned at Sr. No.1 of the Schedule attached to the Notification No. 1-2-74-·SPL (2) dated 15-9-1975 published in the Official

·Gazette No. 32, Series I dated 6-11-1975 are also applicable to the following Group 'D', non-ministe­rial, . non-gazetted posts in the Directorate of Agri­culture.

Field Worker .. : ........ . 116 posts.

2. These rules will come into effect from the date of the Notification I and will relate to appointment to the above posts made on or after this date.

By order and in the name of the Administrator of Goa, Daman and Diu.

V. J. Menezes) Under Secretary (Personnel).

Panaji, 25th October, 1978.

Notification

1-16-78-Div. I

In exercise of the Powers conferred by the proviso to article 309 of the Constitution, read with the Government of India,· Ministry of External Affairs letter No. F. 7(11)/62-Goa dated the 25th July, 1963, the Administrator of Goa, Daman and Diu is pleased to· make the following rules relating to recruitment to Group 'C' and Group 'D' non-Ministerial non­-Gazetted posts in the Directorate of Sports and Cultural Affairs, Panaji under Government of Goa, Daman and Diu.

1.;Short title. - These rules may be called Go­vernIn;ent of Goa, Daman and . Diu, Directorate of

=-Sports and Cultural Affairs Group 'C' and Group 'D' non-Ministerial non-Gazetted posts Recruitment Rules, 1978.

2. Application. - These rules shall apply to the posts ·specified in column 1 of the Schedule to these rules .

3. Number, cla$sifieationand scale of pay.-The number of posts, classification of the said posts and the scales of pay attar-hed thereto shall be as speci­fied in columns 2 to 4 of the said Schedule.

. 4. Method· of recruitment,. age limit and other qualifications. - The method of recruitment to the -said posts, age limit, qualifications and other matters connected therewith shall be as specifie4 in columns 5 to 13 of the aforesaid Schedule.

Provided that,

(a) the maximum ag.e limit specified in the Schedule in respect of direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes and Sche­duled Tribes and other special categories . in accordance with the orders issued by

. the Government from time to time;

(b) no male candidate, who has more than one wife living and no f.emaJe candidate, who has married a person having already a wife living, shall be 'eligible for appointment, unless the Government, after having been satisfied that ther,e are special grounds for doing so, ~empts any such candidate from the operation of this rule;

(0) Saving: Nothing in these rules shall affect reservations, relaxation. of age-limit and other concessions required to be provided for Scheduled Castes and Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

5. These rules' will co;me into effect from the date of the Notification and will relate to appointments to the various posts made on or after this date.

By, order and in the name of the Administrator of Goa, Daman and Diu.

V. J~ Menezes) Under Secretary (Personnel).

Panaji, 27th September, 1978.

Page 2: REGD. J OFFICIAL GAZETTE

Name of the post

1

Gro~dsmeD

Junior Taluka Sports Or· ganiser

No. of posts

2

4

1

Whether Classi­fication

Scale of Pay Selection Post or non­

Selection Po.~t

Age limit for direct recruits

3 4

Group 'D' • Rs. 196-3-Non-Minis- -22~EB-terial Non- -3-232. -Gazetted.

Group 'c' Non Minis­terial Non Gazetted.

Rs. 290-8--330-10--380-EB-.12-500--EB-15· -360.

5 6

N.A. 30 years and below (Relaxable for Govt. servants).

-do- -do-

"

) ,SCHEDUI4l!J

J ~,

Whether i /'~ . ''\

age and oou- ' Method of rec~tment (catlona! quali- - whether by d

Educational and other qualifications required

for direct recruits

flcatlons pres- Period recruitment 0 "by crlboo for of proba- promotion or by the direct tion, if deputation/transfer, recruits any and percentage of the

will apply in vacancies to be filled the case of by various methods promotees

7 8 9 10

Essential: N.A.

Middle standard or equi- ,

Two By direct recruitment. years

valent.

Desirable:

1. Knowledge of games and sports.

2. Knowledge of local languages.

Essential:

a) Matriculate or eqUi-valent.

b) Must have participa-ted in Sports Compe-titions at National level.

Desi1"able:

a) Knowledge of Mara­thi and/or Konkani.

-do'::'" -do- -do-

1"'1 case of recruitment, by promotion/deputation/ transfer, grades from

.whlch promotlon/depu­til. tlon/transfer is to be made

11

N.A.

-do-

(Note: -This is an isolatory post and it should be abolished as soon as the incumbent in the post retires/vacates the post).

sports Or- . 28 ganisers/ /Physical Education Teachers.

Asstt. Phy- 11

\

sical Edu­cation Officer

-- do - Rs. 425-15- - do- -do--56O-EB--20-640.

- do - Rs, 550-25- Selection -do--750-EB--30-900.

/

Essential:

i) S. s, C. E. or eqUiva. lent.

ii) Certificate in Physi-cal Education from a .recognised Institute.

De8irable: 1) Proficiency in games

and sports.

Ii) Knowledge of local languages.

ES8ent1al:

1) Degree of a recog· nised University or equivalent.

Ji) Degree / Diploma in Physical Education from a recognised University /Inst1tUtlon.

-do- -do- -do- -do-

Age: No. - do - 50% by promotion Promotion.: Q1s;- To failing which by the extent direct recruitment i) Sports Organisers/ indicated aDd 00% by di- /PhYsical Educa-in coL 11. rect recruitment. tion Teachers with

IS years of service in case of Degree hoI d e r sand 10 years of service In the STade in case

tt 00

Circumstances If a DPC in which

exists, U. P. S. C. what is is to be con-its com- suited in position making re-

cruitment

12 13

N.A. N.A.

-do- -do-

-do- -do-

CI.l

~ &;;

Group 'C' - do- rzl

D.P.C. .... cansis- ~ ting of 1) Direc-

I:.e tor of ."'" Sports & CUltural Affatrs-

Page 3: REGD. J OFFICIAL GAZETTE

Coaches 11 -do-

i) Foot-baU :3

ii) Hockey 1

iii) Table Tenis 2

Iv) Weight Lifting 1

v) Basket-'ball 1

vi) Athle-tics 2

vii) Volley-Ball 1

Library . Assi1'ltant

One "';'do-

Rs. 500-20--700-EB--25·900 •.

Rs. 330~io­-350-EB" ~12-500--EB-15--560.

N.A. 35 years . and below (Relaxable for Govt. servants).

- do - 30 years and below (Relaxable for Govt. servants).

DestrabltJ:

.~ -\

i) At least 2 years ex­perience in the line.

ii) Knowledge of local languages.

EsscntiiJ,Z:

i) S. S. C. E. or equiva­lent.

H) Dipl6llia'in coaching i nth e respective games/sports from a recognised Institution of atleastone year dur~tion.

Desirable:

i) Degree 'from a re­cognised University or equivalent.

ii) About 2 years ex­perience of coaching ill respective games/ Isports.

iii) Knowledge of local languages.

E8sentiaZ;

1. S. S. C. E. or equiva­lent."

2. Diploma in Library Science. (Two years course after matricu­lation)'.

Desirable:

1. Knowledge of local , languages.

N.A.

-do-

Film Ope- - do - - do - Rs. 260-6- - do-rator -290-EB-6-

- do...;... Essential: - do-

-326-8--366-EB- ' -8-390-·' -10~400.

1. S. S. C. E. or equiva­lent qualifications.

2. Cinema operator's li· cence.

De8irable:

Knowledge of local Ian­,guages.

- do - By direct recruitment.' ,

-dO-:- -do-

-do- --do--

of persolis posses- dhair-sing S. S. C. E. mall.

N.A.

"':-do":"':'

2. Under Secretary (W.E.& T.)~

Member. 3. Asstt. Director of sporn al1d CUl­tural Affairsl /Sports &: youth Service Officel'­Member.

.. N.A.

:,'"

-do-

,..-do-

-do-

-do- -- do.- -do-

~ ~ tJ ~ c ~ ~ .. ~ " ~ ~

~ ~ ~ ~ N "N N

~ ~

p:+:... m ~

Page 4: REGD. J OFFICIAL GAZETTE

.«!'

1

Cultural OrganiseI'-

Asst. Cul­turalOf· ficer

2

One

One

3

Group 'C' Non Minis-terial Non Gazetted.

-do-

4

Rs. 4"25-15--560-EB--20-640.

Rs. 550-25--750-EB­~30·900.

5

I N.A.

Selection

6

30 years and below (Relaxable for Govt. servants).

-do-

1.

2.

7

Essential:

Degree of a recog­nised University or equivalent.

Certificate course of atleast 6 months du-ration from any re­cognised Cultural Ins, titute; .

3. Ability to organise cultura,l programmes.

Desirable:

Knowledge of local lan­guages.

Essential:

i. Masters D e'g l' e e from a recognised University or equi­valent.

ii. (a) Certificate course in cultural activi­ties.

(b) At least 3 years experience in Or­ganising Cultural Activities.

OR 11) At ~e,ast 5 years

experience In. Orga~ nising Cultural Ac­tivities •.

Desirable:

1. Attendance of Orien~ tation Course in cul­tural activities' con­ducted by Central! /State OOvt. or any other recognised Cul­tural Institute.

2. Knowledge of local la~ages.

8

N.A.

9 10

Two By direct recruitment. years.

12

N.A.

Age: No. - do - By promotion fail- Senior Cultural Orga-Qls: Yes.' lng which by di- niseI' with 3 years

rect recruitment. experience i nth e grade.

12

N.A.

Group 'C' D.P.C. consis­ting of 1) Dlr&c· tor of Sports &: Cultural Affairs­Chair· man. 2. Under Secretary (W.E.&: T.)-

. S. Autt. Director of Sports and Cul­tural Affairsl /SP,Orts ~Youth Service Officer­Member.

13

N.A.

-do-

~

l)J

~ ~ t7i .... ~ ~ M.

Page 5: REGD. J OFFICIAL GAZETTE

2ND NOVEMBER~ 1978 (KARTIKA 11~ 1900)

Notification

1-25-78-Div. I

In exercise of the powers conferred by the proviso to article 309 of the Constitution,. read with. the Government of India, Ministry of External Affairs letter No; F.7(1l)j62-Goa dated 25-7-1963, the Administrator of Goa, Daman and Diu is pleased to make the following rules relating to recruitment to Group 'c' Non Ministerial, Non Gazetted posts in the Office of the Lt. Governor,~ Cabo Raj Niwas, under Government of Goa, Daman and Diu.

1. Short title. - These rules may be called Go­vernment of Goa Daman and 'Diu, Office of the Lt. Governor, Group 'c' Non Ministerial, Non Gazetted posts Recruitment Rules, 1978.

2. Application. - These rules shall apply to the posts specified in column 1 of the Schedule to these rules ..

3. Number, classification and scale of pay. - The number of posts, classification of the s~id posts and the scales of pay attached thereto shall be as speci­fied in columns 2 to 4 of the said Schedule

4. Method of recruitment, age limit and other quali­fications - The method of recruitment to the said posts, age limit, qualifications and other matters connected therewith shall be as specified in columns 5 to 13 of the aforesaid Schedule.

Provided that,

(a) the maxi~um age limit specified in the Sche­dule in respect of direct recruitment may be relaxed in the case of candidates belong­ing to the Scheduled Castes and Scheduled Tribes and other special categories in accor­dance with the orders issued by the Govern­ment from time to time;

(b) no male candidate, who has more than one wife living and no female candidate, who has married a person having already a wife living, shall be eligible for appointment, unless the Government, after having been satisfied that there are special grounds for doing so, exempts any such candidate from the operation of this rtIle;

(c) Saving : Nothing in these rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for Scheduled Castes and Scheduled Tribes and otner special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

5. These rules will come into effect from the date of the Notification and will relate to appointments to the various posts made on or after this date.

By order and in the name of the Administrator of Goa, Daman and Diu.

V. J. Menezes> Under Secretary (Personnei).· \

Panaji, 25th October, 1978.

10

1

~.b . oC'l 10 1 • . ~oo ~J 10 10 ~t-

cri • I

~

471

Page 6: REGD. J OFFICIAL GAZETTE

472

local Administration and Welfare Department

Corrigendum 16-4-77 -Coop/S.C.S. Election/LA WD/12363

In the Government Notification No. 16-4-77-Coop/ S.C.S. Election/LAWD/9161 dated 27-9-78 published in Official Gazette No. 26 Series I dated 28-9-78 publishing the Goa, Daman and Diu specified Coope­rative Societies Elections to Committee Rules, 1978, the following corrections are incorporated for due effect: -

1. Rule 4(2): - The w~rds "of the" may be inserted in the seventh line of this sub-Rule after and before the words "offices" and "Registrar" .

2. Rule 19(1): - The word "data" appearing in the third line of this sub-Rule may be read as "date".

3. Rule 28(1): - The word "or" appearing in the eight line in this sub-Rule may be read as "of".

4. Rule 37(3): - The word "have" appearing in the second line of this sub-Rule may be read. as "has".

5. Rule 39(2)( c): - The word "same" appea­ring in this sub-Rule may be read as "name".'

6. Rule 76(b): - The word "allegation" appearing in -this sub-Rule may be read as "allegations" .

7. Rule 77(4): - The word "he" appearing in the second line of this sub-Rule may be read. as "it".

8. Form II under Rule 18(2): - The follow­ing may be inserted in this form after column "signature of the proposer" and before the column "Declaration by candidate".

"(To be filled by the Seconder in the case of a candidate nominated by a member Coop. Society).

I hereby second the nomination of ... as a candi-date for election from the Constituency.

Name of the Seconder Serial Number of the Seconder in the list of voters

of the constituency.

Signature' of the Seconder".

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

E. N. Rodrigues, Under Secretary (Revenue). Panaji, 24th October, 1978.

••• law Department (legal Advice)

Notification

LD/1809/78

The following Rules framed by the Court of Judi­cial Commissioner, Goa, Daman and Diu are hereby published for general information of t1'!e public.

B. S. Subbanna, Under Secretary (Law). Panaji, 25th October, 1978.

SERIES I No. 31

Court of the Judicial Commissioner, Goa, Daman and Diu at Pallaji -

Notification

JCC/LIB/298/77 /R

RULES

In exercise of the powers conferred by clause (f) of Sub-Section (1) of Section 20 of the Goa, Daman and Diu (Judicial Commissioner's Court) Regula­tion,1963 (No. 10 of 1963) r/w section 3 of the Goa, Daman and Diu Judicial Commissioner's Court (De­claration as High Court) Act, 1964 (Act No. 16 of 19(4) ,and Sections 3(2) (a) of the Destruction of Records Act, 1917 (Act No. V of 1917) and all other powers enabling it in this behalf, the Court of the Judicial .commissioner, Goa, Daman and Diu with the approval of the Government, makes, the' fol­lowing Rules, namely:-

1. Short Title. - These rules may be called the Judicial Commissioner's Court (Destruction of Re­cords) Rules, .1978.

2. OO'mmencement. - They shall come into force at once.

, 3. Unless otherwise ordered by the Court, and subject to the rules here below all original docu­ments including translations and copies of judg­ments, decrees, orders, and other papers, which are not required. to be preserved, shall be returned to the party producing them under the order of the Registrar, after the expiry of the period for filing an appeal or if an appeal is filed, after the disposal of the appeal. The rest of the papers shall be marked, classified and . arranged in files for the purpose of despatch to the Rec.ord Room as prescribed below.

. 4. (i) The papers which are required to be preser­ved permanently shall be marked "A" and kept in File "A".

(ii) The papers which are required to be preserved for· 30 years shall be marked "B" and kept in File "B".

(iii) The papers which are required to be preser­ved for 5 years shall be marked "c" and kept in File "C". .

(iv) The papers which are required to be preser­ved for 1 year shall be marked "D" and kept in File "D".

5. (A) The following papers shall be permanently preserved: - '.. .

(1) All judgments, decrees and filial orders of the Judicial Commissioner's Court, except orders summarily dismissing appeals or applications .

(2) All registers of appeals and applications, including Special Civil and Criminal Applications.

(3) Such papers, in cases of historical, sociolo­gical or scientific value, as in the opinion of the Registrar, should be permanently preserved.

(4) Judgments, decrees and final orders of the Supreme Court in cases decided by the Judicial Commissioner's Court. - .

(5) Files containing original Judgments signed or initialled by the Judges. .

Page 7: REGD. J OFFICIAL GAZETTE

'2ND_NOVEMBER~ 1978 (KARTIKA 11~ 1900)

(B) The following papers shall be preserved for 30 years:-- .

(1) Judgments a.n:d/or orders of the Judicial Commission~s Court summarily dismissing ap­peals and applications.

(2) Paper books or prints in cases in which a sentence of death or imprisonment for life is passed. ( .

(3) Writs communicating final orders in appli­cations decided under Articles 226 and 227 of the Constitution.

(4) Miscellaneous :Files, except files of appli­cations for interlocutory orders and applications necessary for the progress of the main proceeding.

(C) The following papers shall be preserved for 5 years:--

(1) Paper books other than those specified above in Sub Rule (B) (2) in matters heard by the Judicial CoIllDlissioner's Court.

(2) Applications for interlocutory orders, appli­cations necessary for the progress of the proceed­ings and. applications for certificate for leave to appeal to the Supreme Court.

(3) Applications for transfer, bail or stay of proceedings.

(4) Orders made by the Judicial CommisSioner's Court in interlOCutory applications mentioned in items 2 and.3 above.

. (5) Reports called for from the lower Courts.

(6) . Writs communicating final orders to the lower Court except interlocutory orders and orders in Special Civil applications mentioned in Sub Rule (B) (3).

(7) Original memoranda of appeals, and cross objections, and original revision applications, refe­rences and applications for review.

(8) Applications under Articles 226 and 221 or 228 of the Constitution ..

(9) Printed copies of the transcript record of the Supreme Court.

(10) Receipts of Records and Proceedings by the lower Courts.

(11) Copies of judgments of lower Courts against which appeals or applications have been made to the. Judicial Commissioner's Court.

(12) Objections to findings on issues called for by the Judicial Co~missioner's Court;

(D) The following papers shall be preserved for 1 year:--

(1) Writs communicating interlocutory orders of the Judicial Commissioner's Court to the lower Courts.

(2) Applications for issue of processes, etc.

(3). Applications for stay of eXecution of orders passed: by the lower Courts.

(4) Applications for bail.

. (5) Presentation Forms.

(6) Examination Memos.

(7) Vakalatnamas.

. 473

(8) Orders appointing Advocates in criminal matters ..

(9) Notices and Returns thereto.

(10) R. & P. Writs including requests for exten­sion of time for certifying R. & P.

. (11) Requisition for printing.

(12) Writs sending down the issues.

(13) Notices of receipt of 'findings.

(14) Correspondence relating to Jail P'etitio:ns.

(15) Writs for bail, arrest, stay, production of accused in Courts and other interlocutory orders.

(16) Copies of the record oithe lower Courts.

6. The periods prescribed above for the preserva­tion of the record shall be computed from the date of the rmal decision of the case and incase' of ap­peal to the Supreme Court, from the date of the Final decision of the Supreme Court.

7. All files pertaining to any particular case shall be kept in one bundle bearing the number of the proceedings .. Each file shall be accompanied by a list. of the papers filed therein.

, 8.A register in the form given beloW shall be main­tained showing the numbers. and years 'of appeals and other cases received iIi the Record-Room of which the records are to be destroyed. The entries for each year shall be signed by the Record-Keeper and the Assistant Registrar:-

Serial Nature Date of Dates Dates Number of Pro- .receipt when due when ac-of the ceeding Date of iri the for des- tually and num- decision record Case bel' Room truction destroyed

1 2 3. 4 5 6

. 9. Notice shall be publicly given on the Court No­tiCe Board that parties .leave d~uments and papers With the~records of case at their own risk and that they are liable to be destr(>yed inacGQrdance with the rules for the destruction of records.

10. The destruction Of records shall be carried out in the sliin,mer ~vacatiQn each year under 'the super­vision of the Assistant Registrar or Superintendent. The records to· be destroyed should, if they cannot be conveniently burnt, be torn up into very small pieces arid made quite incapable of use again as do­cuments.

By Order. of the Court.'

Panaji,30th August, 1978. - Sd/-. The Registrar.

Notification·

LD/5015/1/78

The following. Central. Act munely: The. Taxation Laws (AmenCiment) Act, 1978 (Acf No. 29 of 1978) which. was r~n~ly. passed by . the Parliament and assented to by the President of India. on 5th Atlgust

Page 8: REGD. J OFFICIAL GAZETTE

474

1978 and published in the Gazette of· India, Part n, Section I dated 7th August, 1978.is hereby repu­blished for general information of the public. , B. S, Subbanna} Under Secretary (Law).

Panaji, 5th October, 1978.

The Taxation laws (Amendment) Act,:,1978 ·AN ACT

further to amend the Income-tax Act} 1961 and the Woolth-tax Act, 1957. Be it enacted by Parliament in the. Twenty-ninth

Yea~ of the Republic of India as follows: -

1. Short title and commencement. - (1) This Act may be called the Taxa.tion Laws (Amendment) Act, 1978.

un It shall come into force on. the lst day of April, 1979.

2. Amendment of Act 43 of 1961. - In the Income­-tax Act, 1961,.:.....

(a) in Chapter ill, after section 13, the follow­ing section shall be jnserted, namely:-

'13A. Special provision relating to incomes oJ. political parties. - Any income of a political party which is chargeable under the head "Interest on' securities" t "Income from house property" OT "Income from other sources" or any income by' way of voluntary contributions received by a political party from any person shall not be included ,in the total income of the previous year of such political party:

Provided that-(a) such political p~rty keeps and maintains

such books of account and other doCuments .as would enable the Income-tax Officer to properly deduce its income therefrom;

(b) in respect of each such voluntary con­tribution in' excess of ten thousand rupees, such political party keeps and maintains a recoro'of such contribution· and the name and address of the person who has made such con.;; tribution; and

(c) the iccounts of such political party are audited by an accountant as defined in the ~xplanation below sub-section (2) of sec­tion 288.

Explanation. - For the purposes of this section, "political party" means an association or body of individual citizens of India registered with the Election Commission of India as a political party under paragraph 3 of th~ Election Symbols (Reser­vation and Allotment) Order, 1968 and includes a political party deemed to be registered with that Commission under the proviso to sub-paragrapb (2) of that par~ph.'; ..

(b) ,in section $7, ~ . (i) aftel\sub-section (2A), the following sub­

-~t~oIi shin be inserted, namely: -

,~,"(2B):Notwithstanding ·anything contained , fin ~sub~sectio1i U) ,no allowance shail be made

SERIES 1· N.c.' 31

in respect of expenditure incurred by an assessee on advertisement in any souvenir, brochure~ t:ract, pamphlet or the like pu';)lished by a pohhcalparty."; (ii) in sub-section (3A) (as di­

rected to be inserted by section 8 of the Finance Act, 1978),.....; 19 of 1978.

(1~ .for the words, brackets and figure "the proVISIOns . of sub-section (3) ", the words, bracket~, fIgures ru;td letter "the provisions of sub-sectIon (2B) or sub-section (3)" shall be substituted ;

(2) in the Explanation} in clause (a), for the words, brackets and figure "under sub-sec­tion (3)", the "words, brackets, .figures and letter "under sub-section (2B), or sub-section (3), or both" shall be substituted;

(c) .in section ~39, after sub-section (~A), the follOWIng sub-section shall be inserted, namely:-

"(4B) The chief executive officer (whether such chief executive officer is known as Sacrel. tary" or by .• any other designation) of every p~tic~party sha}i! if the to~ income in respect of wh~ch the polItical party IS asses~ble (the total Income for this 'purpose being computed under this Act without giving effect to the pro­visions of section 13A) exceeds the maximum amp:mt which is not chargeable to income-tax, furnIsh a return of such income of the previous year in the prescribed form and verified in the pTeS?ribed manner and setting forth such other partIculars as may be prescribed and all the pro­vision~ of this Act, shall, so far as may be, apply as if It were a return required to be furnished under sub-section (1).".

3. Amendmentof Act 27 of 1957. - In the Wealth­-tax A:ct, 1957, in section 45, after clause (h), the follOWIng clause and Explanation shall be inserted, namely: -

'(0 any political party.

" E~lanation.;- For the purposes of clause (i), p~h~lcal party sha!l have the meaning assigned

to It In the Explanation to section 13A of the Inco-me-tax Act.'. .

Notification

LD/2094/78

The. following<?rder which was issued by the Government of IndIa on 30-9-77 is hereby republi­shed for genera.l information of the publiC..

B. So Subbanna) Under Secretary (Law). Panaji, 13th October, 1978.

.. MINISTRY OF AGItICULTURE & IRRIGATION

(Department of Food)

. New, Delhi; the 30th September, 1977

Order

S. O. 696 (E) - In exerci§e of. the powers con.., ferred by section 3 of the Essential Commodities

Page 9: REGD. J OFFICIAL GAZETTE

~ND NOVEMBER, 1,918 (KARTIKA 11,1900)

Act, 1955 (10 of 1955), the Central Government hereby rescinds with effect from the 1st day of October, 1977-

c

(i) the orders issued by it as specified in Schedule A.

(ii) the orders issued by the State Govern­ments as speeified in ScheduleB, and

(iii) any other Order issued by the state G0-vernment and in force.

in relation to matters coneerning regulation Of or restriction/prohibition on movement of rice-or paddy:

Provided that such rescission shall not affect­

(a) The previous operation of the said orders or anything duly done or sUffered there­under; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said order; or

(c) any penalty, forfeiture' or punishment incurred in respect of any offence commit­ted against the said Orders; or

(d) any investigation, legal proceeding or remedy in respect of any such right, pri:­vilege, obligation, liability, penalty, for­feiture or punishment as aforesaid.

and any such investigation, legal proceeding or re­medy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed. as if the said orders had not been rescinded.

SCHEDULE A

1. The Manipur Foodgrains (Movement) Con­trol Order, 1966:

2. The Bombay Rice (Export Control) Order, 1957.

3. The Rice (Restrictions on Rail Bookings) Order, 1957.

4; The Bihar Foodgrains (Movement Control) Order, 1957.

5. The Madhya Pradesh Rice (Movement Con­trol) Order, 1957.

6. The Tripura Foodgrains (Movement Control) (No.2) Order, 1959.

7. The southern Rice Zone (Restrictions on Rail-Bookings) Order, 1960.

!

8. The West Bengal Rice (Movement Control) Order, 1964.

9. The Orissa Rice (Movement Control) Order, 1964.

10. The Foodgrains Movement Restrictions (Exemption to Food Corporation of India) Order, 1966.

11. The Northern Rice Zone (Movement Control) Order, 1968.

12. The Punjab and Haryana Paddy (Regulation of Movement) Order, 1968.

13. The Foodgrains Movement Restrictions (Exemption of Seeds) Order, 1970~

475

14. The Gujarat and Dadra and Nagar Haveli Rice (Export) and Paddy (Movement Con­trol) Order, 1975.

15. The Rice and Paddy (Southern Zone) Move-ment Control Order, 1976. .

SCHEDULE B

1. The Assam Foodgrains (Licensing and Con­trol) Order, 1961.

2. The Goa, Daman and Diu Rice (Export Con-trol) Order, 1963. .

3. The Maharashtra Foodgrains (Export Con­trol) Order, 1966.

- . 4. The Haryana Paddy (Export Control) Order,

1968. 5. The Kerala Rice (Regulation of Movement)

Order, 1966.

6. The Andaman and Nicobar Island Paddy and Rice (Price Fixation and Movement Restric-tions) Order, 1967. -.

7. The Punjab Paddy (Export Control) Order, 1968.

8. The W~t BengalJtice and Paddy (Restriction on Movement) Order, 1968.

9. The West Bengal Rice and Paddy (Restric­tions on Movement by Night) Order, 1969.

10. The Tamil Nadu Paddy and Rice (Movement Control) Order, 1970.

it. The Meghalaya Foodgrains (Licensing and Control) Order, 1972.

12. The Madhya Pradesh Rice (Restrictions on Transport by Rail, Road and water) Order, 1974.

13. The Arunachal Pradesh Foodgrains (licen­sing and Control) Order, 1975.

14., The Pondicherry Paddy and, Rice (Movement Control) Order, 1976.

15. The Mizoram Rice (Licensing and Control) Order, 1976.

16. The Uttar Pradesh Rice and Paddy (Levy. Regulation of Trade and Control of Move­ment) Order, 1976.

17. The Rajasthan Paddy (Export Control) Order, 1977.

Sd/­

L.C.GUPTA

Joint Secretary to the Government of India.

[No. 4 (GENL) (l1)!77-D&R(I)-54]

N OtificatiOD

LD/3862-63/78

The ,following Notifications received from the Government of India, Ministry of Labour New Delhi are hereby republished for general information of the· public. .

B. S. Subbanna, Under Secretary (Law);

Panaji, 5th October, 1978.

Page 10: REGD. J OFFICIAL GAZETTE

476 SERIES 1 No. 31. ------------'------------------

GOVERNMEN'l' OF INDIA

(BHARAT SARKAR)

MINISTRY OF LABOUR

(SHRAM MANTRALA YA)

Dated, New Delhi,the 14th June, 1978

Notification

S. O. - In ex~rcise of the pow..ers· conferred by section 27 of the Minimum Wages Act, 1948 (11 of 1948), the Central Government hereby adds to Part I of the Schedule to that Act, the employment in felspar mines, notice of its intention to do so having already been given by the notification of Go­vernment of India in the ,Ministry of Labour No. S. O. 3508, dated the 25th October, 1977 pub­lished a~ page 3943 of the Official Gazette dated 12th November, 1977.

Sd/-(Hans Raj Chhabra) ..

Deputy' Secretary.

(File No. S-32019(21)/76-WC(MW)

Dated New Delhij the 20 June! 1918

N otificatioll

. G. S. R. - In exercise of the powers conferred by section 5 read with sub-section (1) of section 7 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Go­vernment hereby frames the following Scheme further to amend the Employees' Provident Funds Scheme, 1952, namely: - -

1. (1) This scheme may be called Employees' Pro­vident Funds (2nd Amendment) Scheme, 1978.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In the Employees' Provident . Funds 2cheme, 1952 for, sub-paragraph (2) of p~ragraph 5, the following sub-paragraphs shall be substituted, namely:- '

(2) The term of office of the Trustees referred to in clauses (d) and (e) of sub-section (1) of section 5A of the Act and of the members of a Regional Committees referred to in dauses (c) and (d) of sub-paragraph (1) of paragraph 4 shall be two years,' or such other period as . the Central Government may specify by notification in the Official Gazette, com~encing from the date on which their appointment is notified in the Official Gazette.

Provided that . any such Trustees or member shall, notwithstanding the .expiry of such period of two years or other. period, as the case may be, continue to hold office until the appointment of his successor is notified in the Official Gazette. ,

(2 A) For the removal of doubts it is hereby declared that the term of office provide<l in sub­-paragraph (2), as amended by the Employees' Provident Funds (Amendment) Scheme, 1978, shall be the term of office of the Trustees referred to in clauses (9.) and (e) of SUb-section (1) of section 5A of the Act and of the members of any Regional Committee referred to in clauses (c) and ·(d) of sub.:paragraph (1) of paragraph 4, holding Office on the commencement of the Em­ployees' Provident Funds (2nd Amendment) Scheme 1978".

(No. S. 70012(4)/77-PF.II)

Sd/-

(S. S. Sahasranaman) Deputy Secretary

GOVT. PRINTING PRESS - GOA (Imprensa Nacional- Goa)

PRICE - £S. 1-05 PII. .