I REGD. GOA - 51 Panaji, 20th October, 1977 IAsvina 28, 1899) SERIES I No. 29

OFFICIAL GAZETTE ·GOVERNMENT OF GOA, DAMAN. AND .·OIU

GOVERNMENT OF GOA, DAMAN

AND DIU

Department of Personnel and Administrative Reforms

Notification

1-41 (1) !76.<Div. r

. 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)/62-Goa dated the 25th July, 1963,

the Administrator of Goa, Daman and Diu is plell1*ld

to make the following ruks relating to recruitment

to Group 'C' non-ministerial non-gazetted posts' in

th~ Directorate of Education under the Government

of Goa, Daman and Diu. . ~. .. . . .

1. Short title. - These rules maybe called Goa.

Daman and Diu Government, Directorate of Edu­

cation Group 'C' (non-ministerial non-gazetted) posts

Recruitment Rules. 1977.

2. Application. - These rules shall apply to the

posts specified in column 1 of the Schedule to these

rules'.

/said posts, age limit, qualifications and other matters

.connected therewith shall be as specified in.CO~\IIIlDS

'5 to 13 of the aforesaid Schedule.

Provided that,

(a) the maximum age limit specified in the

Schedule in respe'i:t of direct recruitment

may be relaxed.in the case of candidates

belonging to the Scheduled Tribes and other

specilrl categories in accordance with the

orders issued by the Government from time

to time; and

(b) no'Inaile 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 appointm'6llt,

unless the Govei-nment, after having been

satisfied that there are special grounda for

doing so, exeinp\:l;lanyB.uch candidate from

the operaJtioo' of 'this rule.

5. These rules will come into effect from the date

of the Notification and will relate to appointment

to the various posts made on or after this date.

3. Number, classification and scale of pay. - The . 6. These rules are issued in supersession of the

number of posts, classification of the said posts and ... existing recruitment ~l~s for the posts.

the 5e3iles of pay attached thereto shall be as speci­

fied in columns 2 to 4 of the said Schedule.

4. Method of recruitment, age lbnit and other

qualifications. - The method of recruitment to ~

T. Kipgen

Cb:Ief Secret/lry

Panaji, 31st August, 1977.

~r"""""----------------------------------------------------~-~~~ , L

i""'~"V< ":;£:JEi'!E::::::;:::37::2,::5.:':17/::::CZ:-:z,.z;:o'<""" . _'"_"'~ __ "'" __________ J!I!iff&="'=~o:;:!C:,c;:.,"<::'r;'''~'_~~ ___ ~ _________________________ _

SOHEDULE "" t3 Whether

.... and OOu- Method of rooruItment C cational quaU- . whether by direct In case of recruitment. by If DPC ircumstaneea

Nam.G of No. of Class!- Whether Age Educational and other

ficationB pres~ Period reauitment or by promotion/deputation/ e:ists il p w~i~ Scale of· Pay Selection limit cribed. for ot proba~ promotion or by tranSfer. grades from what is . b' .

the post _ts fication Post or non- for direct qualifications required the' direct tion, it deputation/transfer. which promotion/d~pu- 'its oom- is st~tJ ~~~ Selection Post rec.ruits for direct recruits recruits . any and percentage of the ,tauon/transfer position making re

will apply in vacancies to be filled is to be made cru1tment-the case of by various methods promotees

1 3 3 • 5 5 7 8 " 10 11 13 13

Skilled 4 Group 'C' Rs. 210-4- N.A. Below 30 I. T. I certificate course N.A. Two Direct recruitment N.A. N.A. As required Workmen (Non·Mi. -226-EB· years (re~ in the concerned trade. years under the

a) Mould· nisterial -4-250·EB- laxable for rules. Non .. Ga~ -5-290 Govt. sar· ing.1 zetted) vants)

b) Smithy-1

c) carpen try-1

d) Fit· ter-cum~ Turner-1

Instructors: --dc-- Rs.260-8- Selection -- do-- i) I.T.I. ce rtif i cat e Age: No. .- do·- PrOmotion 50% fall- Promotion: Group -do-l) Instr. in -300-EB· course in the con- Qls: Yes ing which by Di· 'C'

Fitting-4 ·S-340-10- cel'lled trade. rect Recruitment. Skilled Workm,:" with D.P.C. -380-EB· Direct Recruit- S years expenence in

2) Instr_ in -10-430 ii} About 1 year prac- ment 50% the grade. Turning-2 tical Exp. (relaxable

3) lnstr. in in case of persons Black· found otherwise sui--Smithy-3 table).

i) lnstr. in Note: The qualification carpen- at (i) above is for the tary-7 post at SL No. (1) to 5) Instr. in Machine- (S) in Col. No.2.

shop-1 24 For the post at SI. 6) Instr. in No. (9) the I. T. I. eer-

Elee. & tificate course in Ra-Mech. dio and, T. V. or Elec-Labora- tronies or' a certificate tory-1 course in Radio Ser-

7) Instr. in vicin:g is essential. Elec. Electri-

'" cian~3

~ 8) Instr. in Mould- i?;l ing-1

9) Instr. in '" RadIo .... Engg.-2 ~

>' Workshop 1 -- uo .- Rs. 3S().l2- Selection N.A. N.A. N.A. - do --- By promotion Promotion: ··-do- -do .. _-- "" \C Foreman -500-EB- Instructors With 3 years

-15-560 experience _ in the res-pective grades.

V'7"7"

~. Asstt. Lec­

turer in Engg.-12

a) Asstt. Lect. in Elec. Engg.-4

b) Asstt. Lect. in Mech. Engg.-5

c) Asstt. Lect. in Electro· nic and Radio Engg.-1

d) Asstt. Lect. in Engg. Draw~l

e) Craft Instr.-l

Drawing Teachers in Secon­dary schools

24

13

-do- Rs. 470-15--530-EB--20-650--EB-25-1750

- do ---.:: As indicated in Col. No.7

.~ - do - Below 30

years (re­taxable for Govt. ser­vants)

-

Diploma in Engg. in the Age: No. concerned branch. Qls: Yes

N.A. - do - For the scale of Rs. 440- N. A. -15-515-EB-15-560-20- . -700-EB-25-750.

i) S. S. C. E. or equi~ valent.

ii) Diploma / Certificate in Arts and Drawing from a recognised Institution after a full time course of not less than 3 years duration (or part· ~ttme course of 5 years duration).

iii) Three year's teach­ing experience in a recognised school.

Failing which

For the scale of Rs. 425--15-560-EB-20-640.

i) So. S. C .. E. or equi· valent.

ii) Diploma / Certificate from a recognised Institution involving not less than 2 years course.

iii) One year's teach­ing experience in a recognised school. ,

Note: ,Persons initially recruited in the scale of Rs. 425-640 with the corresponding edu· cational qualifications

~ - do - Promotion 25% fail­

ing which by Di­rect Recruitment. Direct Recruit­ment 75%

-- del: .- Direct recruitme'nt.

Promotion: - do -

Workshop Foreman/Ins­tructors in the respec~ tive branch of Ein­gineering.

N.A. N.A.

L ",-,

-do-

-do-

<0

'" ~ o

~ t'J

-i=1l , k <0 --l --l

~ On

::s ~ ,~

r~

'" c::.l

~~,.",.,",,,,----------------c-----~---------------------~-----

, I

I I

I

I

I

II

1

Head Mas~ ters of Middle Schools

Teacher Grade II /Senior Instntc.;. tor/Asstt. District Inspector

2

20

63

3

Group 'C' (Non~Mi­

nisterial Non-Ga~ zetted)

-do-

4

Rs. 550-25--750-EB--30-\100

Rs. 550-25--750-EB--30-900

5

Selection

Sele9tion

6

Below 35 y.ears (re­laxable for Govt. ser­vants)

"-do---

7

shall be automatically entitled to the pay scales of Rs. 440-750 on 'acquiring the cor­responding "educational qualifications as above.

1. B. A./BSc./B.Com or equivalent d e g r e e from a recognised University.

2. Degree in Education/ /Teaching.

3. About 3 years teach­ing experience in a Secondary School or a Training Institution.

OR About "7 years teach­ing experience in a p rim a ry/'M i,d dIe School.

4. Proficiency in the Me­dium of the Institu­tion.

8·

Age: No. Qls: Yes

M.A./MSc./M.Com./or Age: No. any equivalent post QIs: Yes Graduate Degree from recognised University and Degree in Teach­ing/Education.

OR A Second Class M.A/

/M.Sc./M.Com./or any equivalent post Gra­duate Degree with 3 years teacing experi­ence in a degree Col­lege or with 5 years teaching experience in a Higher Secondary School or with 7 years teaching experience in a Secondary School in case of appointment to Teacher Grade I only.

Note: i. In case of Tea­ching posts, the proficiency ~ in the medium of the institution is essential.

9

Two years

10

Promotion failing which by Direct Recruitment.

- do - Promotion 50% faitN tng which by Di­rect Recruitment. Direct Recruit­ment 50%

(

11

Promotion: Asstt. Teachers

years service grade.

12

Group with 3 'C'" in the D.P.C.

Promotion: - do -

Assistant Teachers with 3 years service in the grade.

13

As reqUired under the rules.

-do-

'" -1

"""

! ....

~ '" '"

J At. ..(: " .&. \

ii. in case of ins-pecting post/:), a good work-ing knowledge

t~ of the language 0 of the areal '-3

/Institutions in 1:1:: charge is desi- g rable.

iii.ln case of Di- '-3 0 rect Recruits, b:1 only the sclee- t>l tion for the ,~

posts of Grade I Teachers and ,..

-' '" Senior Instruc- -.>. tors shall be -.>. made accord-

~ jug to the sub-1%> ject in which ::: the vacancy

occurs but this ~ will not apply to promotces.

,~ iv. In case of 2nd

Class M,A/M.· ... 00 Se./M. Com. '" condition of ~

teaching expe-rience is rela-xable in case of candidates otherwise found suitable.

w '->1

376

Legislative Assembly of Goa, Daman and Diu (-Legislature Department)

LA/B/7/1574/77

The following Bill whicli was introduced in the Legislative Assembly of Goa, Daman and Diu on 14tl:) October, 1977 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 Goa, Daman and Diu Mundkars (Protection from Eviction) (Second Amendment) Bill, 1977

. (Bill No. 10 of 1977)

A

BILL

further to amend the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty-eighth Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Goa, Daman and Diu Mundkars (Protection from Eviction) (Second Amendment) Act, 1977. '

(2) It shall be deemed to have come into force on the 12th day of March, 1976.

2. Insertion of new section 8-A -After section S of the Goa, Daman and Diu Mundkars (Protection from Evic-tion) Act, 1975 the following section shall 1 of ,1.976.

be inserted namely:-

"SA. Declaration of right. - (i) If any per­son is entitled to any right under this Act he may move the Mamlatdar by an application for a declaration of such a right.

(2) On receipt of such application, the Mam­latdar may, after holding such enquiry as may be prescribed, pass such order as he considers fit." .

Statement ot' Obiects and Reasons

Whereas an anamolous situation has arisen as a result of the Civil Courts refusing to, refer suits filed after the coming into force of tl:)e act and wherein rights under the Act are involved and whereas there is no specific provision by means of which persons can move the MamJatdar for a decla­ration of their right under the Act and for the purpose of remeding the lacuna existing in the Act, this Amendment Bill is moved.

financial Memorandum

No financial implications are involved due to the amendment proposed in the Bill.

Panaji,

28th September, 1977.

Assembly Hall, Panaji, 1st October, 1977.

FERDINO REBELLO M. L. A.

M. M. NAIK Secretary to the Legislative

Assembly of Goa, Daman and Diu.

SERIES I No. Bit --- ,-_ .. ---_ ... ,---

LA/B/7/1575/77

The following Bill which was introduced in the Legislative Assembly of Goa, Daman and Diu on 14th: October, 1977 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 Goa, Daman and Diu Buildings (Lease, Rent and Eviction~ Control (Amendment) Bill, 1977

(Bill No, II of 1977)

A

BILL

further to amend thf Goa, Daman and Diu Build-­ings (Lease, Rent and Eviction) Control Act, 1968.

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty-eighth Year of the, Republic of India as follows: -

1. Short title and commencement. - (1) This Act may be called the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control- (Amendment) Act, 1977.

(2) It shall come into force at once.

2, Amendment of section 2. - In the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1965, 2 of 1969. in section 2, in clause (p), after the word "includest, the expression "in the event of his death the surviving spouse, or any son, or unmarr.ied daughter or father or mother who had been living with him as a member of his family upto the date of his death and" shaH be inserted. ,

Statement of Obiects and Reasons

The Bill seeks to cover up a lacuna in the definition of the term "tenant" given in the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1965. By the present definition the rights of the tenants envisaged in the Act are not extended. to the Members of his family liying with him and as such the Act gives protection to them only during the life time of the tenant. The lacuna in the defini­tion has created an alarming situation and number of families of deceased tenants are facing the threat of eviction. An attempt has therefore been made to modify the definition of the term "tenant" to· extend the benefits of the Act to the family mem­bers of the tenant living with him upto the date of his death. Family members of the deceased tenant were getting protection under the 'Arrendamento dos Predios Urbanos do Ultramar' (Decree no. 43525 de 7-3-1961) which was repealed by the Rent Control Act.

Financial Memorandum

No financial commitment is involved in this Bill.

Panaji, SHAIK HASSAN HAROON 2Sth September, 1977. M. L. A.

Assembly Hall, Panaji,

1st October, 1977.

M. M. NAIK Secretary to the Legislative

'Assembly of Goa, Daman and Diu.

.20TH.,OCTOBER,,1977 (ASVINA 28, 1899)

...-.- ... ; Annexure to· .. BiII No; IJ of :.1977 : {C'._ ,>' '::'.

The Goa, Daman and Diu Buildings (lease, :Renhnd E~itlion) Control (Amendment) Bill, 1977

--The C?'OG. ,Daman .a!1d Diu .. [Leas~, Re.nt .~nd Evi<:t1on) Co.n.trol.· Act" 1968

"-'.' . (Act No.2 of 1969)

'.;-- , " ••• : , ••••• -',. "."" ., ••• : ••••• " •••• "' ••••• , •••• , '-~"""""''-:' ,_: •• or ...... " .:., •••••••••••••

"'2; (P}'''·;'tettant''·mean:s:a:ny -per~OhI~Y whom or on whos~ account 'or :behalf-the .irent of' any' building fs, oro, but fO'r.'- a .special coittrabt would be, payable, and -includes' a': sUb-tenant an~ also, ·any .perspn. con:tin~gjll; ~s~sion after .the' termi­nation -.0.:( his . tenancy~ .but, ,shall not c~cI.ude ,any ~~on .agrunst whom "any ',order or' .de<!ree .f9r evic'Uol.l ,haS" been made .

. . ;f . - - - - . ,-' ", .

Assembly HaJi, . Panaji,

1st October, 1971.··

'1.1:. M. Naik

Secretary to the Legislative As~embly of Goa,. Daman

and Diu.

LA/B/7/1576/77

. The. following Bill whicli was introduced in the Legislative Assembly of Goa, Daman and Diu on 14th October, 1977 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 Goa, Daman and Diu Salaries and Allowances of the· Speaker and Deputy Speaker (Amendment) Bill, 1977

(Bill No. 12 of 1977)

A BILL

.further to amend the Goa, Daman and DiuSalaiies and Allowances of the Speaker and Deputy Speaker Act, 1964.

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

1. Short title and commencement. - (1) This Act may be called the Goa, Daman and Diu Salaries and .Allowances of the Speaker and Deputy Speaker (Amendment) Act, 1977·

(2) It shall come into force at once.

(2) Amendment of section 3. - In sub-section (1) {)f section· 3 of the Goa, Daman and Diu Salaries and Allowances of the Speaker and Qeputy Speaker Act, 1964 (4 of 1965) (hereinafter referred to as the principal Act), for the words "regarding residence and motor-car", the words "regarding residence, motor-car and travel" shall be substituted.

3. Amendment of section 5. - In section 5 of the principal Act, for the words, "regarding residenCe and motor-car", the words "regarding residence, motor-car and travel" shall be substituted.

,Statement of Obieef$ and Reasons

. It is proposed to amend section '3 (1) and 5 of the Goa, Daman and Diu Salaries and Allowances of

377

the Speaker and Depu£y Speaker Act, 1964 to pro,­vide facility to the l:)p~er· and Dep.uty. ,Speaker; in Goa, Daman and Wu tor~serVe firsf Class ,compart-: n;uint .orair-conditioned .. coupe while t,avellU).g.:On duty, like the Ministers. ., .... • . . .. ··']'hepresentBili seeks to amend theGoa,D~niil!i and Diu Salaries. and Allowances . of 'the Speaker and Deputy Speaker Act, 1964 to this effect.

·Rnaneial Men1!'randum

The BiH 'involves expenditure fro~ Consolidated Fund of the Union territory for the purpose of meet­ing the T. A. andD. A: of the Speaker and Deputy Speaker. The estimated expenditure cannot be as­certained at this stage. .

Memo(andum regarding Delegated Legislation

Under the said .Ame~dment no delegated .legisla-tion is contemplated. . . .

Panaji, 4th October, 1977.

Assembly Hall, Panaji; 5th October, 1977.

SHANKAR·LAAD MiiIister for LegiSlative 'Aft~irs

M. M. ·NAIK . Secretary to the -Legislative

Assembly of Goa, Daman and Diu.

.. ,(Annexur!! to .BiII.No •. 12 ofI97.~) ",

The Goa, Daman and Diu Salaries and Allowances of the . ~peaker and Deputy Speaker (Amendmentl till, f977

The Goa. Daman and Diu Salaries and AUowances of the' Speaker and Deputy Speaker Ad. 1964

(Act No. 4 of 1965)

...................... .-................•........ ; ........... ; ........................ . 3. Salary .and allowances of the Speaker, - (1) The

Speaker shall be paid such salary, conveyance allowance and travelling and daily allowances and shall be entitled to such amenities regarding residence arid' motor car, as ate pro­vided for a Minister other than _"Ute _ Chief Minister and a Deputy Minister under the Goa, Daman and Diu Salaries and Allowances of Ministers Act, 1964.

(2) The Speaker Shall also -be 'paid, a sumptuary allowance of one hundred and fifty rupees per month.

(5) Salary and allowances Of Deputy Speaker. - The Deputy Speaker shall be paid a salary of seven hundred rupees per month and· shall be entitled to such .conveyance allowance and travelling and daily allowances and such amenities regarding re.sidence and motor car as are provided for a Minister under the Goa, Daman and Diu Salaries and Allowances of Minister:s Act, 1964:

Provided, that the cost of maintenance of .. the residence to be met by the Government shall include "provision' of, elec­tri.city ~d water charges only to the extent of seventy five rupees per month: ' '. .

Provided further that the compensatory allow<!p.ce, so -long as a furnisned reSidence i?_ riot provi.dedi to. the Deputy Speaker, shall be only two hundred rupees per ~onth:

Provided also that for the Period during which the Deputy Speaker does not u)S~ either a Government motor car or his own motor <c_ar, he shall be _paid a ·conveyance allowance of one h~dred rupees ~r month. .

Assembly Hall,

~an&-ji,

5th October,1977.

M. M. NAIK S,,!,retaryto the 'Legislative.

Assembly of Goa, Daman and Diu

c-i. __

378

LA/B/7/1577/77

The following Bill which was introduced in the Legislative Assembly of Goa, Daman and Diu on 14th October, 1977 is liereby published for general information in pursuance of the provisions of Rule 136 of the Rules of Procedure and Conduct of Busip.ess of the Legislative Assembly.

The Goa, Daman. and Diu Salaries and Allowances of Ministers (Amendment) Bill, 1977

(Bill No. 15 of 1977)

A

BILL

further to amend the Goa, Daman and Diu Salaries and Allowances of Ministers Act, 1964.

Be it enacted by the Legislative Assembly of Goa Daman and Diu in the Twenty-eighth Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Goa, Daman and· Diu Salaries and Allowances of Ministers (Amendment) Act, 1977.

(2) It shall come into force at once.

2. Amendment of the Schedule. - In the Schedule, to the Goa,Daman and Diu Salaries and 'Allowances of Ministers Act, 1964 (3 of 1965) after paragraph 3, the following paragraphs shall be inserted namely: -

"3 A. Travel by 'railway. - A Minister shall have the right to reserve by requisition an or­dinary first class compartment when travelling by railway on duty.

Explanation. - For the purposes of this para­graph, a first class compartment means a two-berthed compartment or an air-conditioned conpe, . where it is available, or a four-berthed

. compartment, if a two-berthed compartment or an air-conditioned coupe is not available in the train by which the Minister travels.

3 B. Travel by' Steamer. - A Minister shall have the right to reserve by requisition a State cabin when travelling by steamer between Panaji or Mormugao and Bombay on duty.".

Statement of Obiects and Reasons

According to section ,7 and Schedule of the Goa, Daman and Diu Salaries and Allowances of Ministers Act 1964, the Ministers of the Union territory of

'Goa, Daman and Diu are entitled to draw T. A. & D. A. at the maximum rates applicable to 1st Grade Officers serving in connection with the Administration of the Union territory while travelling on duty by railway or by r()ad ,or by Steamer.

.Nowtheq<wernment oUndia, Ministry of Home Affairs have conveyed approval of the Presildent of India to the travelling of MiniSters of Goa, Daman and Diu, by a first class compartment or aircondi­tioned COlUpe of raHway and by the highest class i. e. "State Cabin" of the Steamer from Panaji/Mormugao' to Bombay and vice-versa while travelling on duty.

SERIES 1 No.2.'J:

The present Bill seeks to amend the Goa, Daman. and Diu Salaries and Allowances of Ministers Act> 1964 to this effect. ,', '

Financial Memorandum

Clause 3A and 3B of the Bill respectively provide ' that (i) a Minister while travelling by first claBS • railway compartment wLlI be entitled for t~ berthed compartments or ana:ir-conditioned coupe and where it is not available a four-berthed compartment instead of "one 'berth" admissible at present, and (iii) to travel by state· cabin while traveUing in steamer between Panaji/Mormugao to Bombay ins,

, tead cf "cabin berth de'luxe A" admissible at present. This would involve expenditure to be incurred from the Consolidated Fund of Union territory which though not substantial cannot be estimated at this. stage.'··

Memorand4ri1 regarding Delegated .. Legislation

Under the said Amendment no delegated legislation is contemplated.

Panaji, 11th October, 1977.

Assembly Ha.ll,. ' Panaji,

11th October, 1977.

SHANKAR LAAD Minister for Legislative Affairs

M. M. NAIK· 'Secretary to the Legislative­

Assembly of Goa, Daman and Diu

LA/8/7/1578/77

The following Bill which was introduced in the Legislative Assembly of Goa, Daman and Diu on 14th October, 1977 is hereby published for general information in pursuance of the provisions' of Rule 136 of the Rules of Procedure and Conduct of Busip.ess of the Legislative Assembly.

The Goa, Daman and Diu Entertainment Tax (Amendment! Bill, 1977

(Bill No. 16 of 1977)

A

BILL

further to amend the Goa, Daman and Diu Enter­tainment Tax Act, 1964.

Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty-eighth Year of the Republic of India as fol;lows:-

1. Short title and commencement. - (1) This Act may be called the Goa, Daman and Diu Enter-· tainment Tax (Amendment) Act, 1977.,

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. '

2. Amendment of section 10. 7' In sub-section (2) of section 10 of the Goa, Daman and Diu Enter­tainment :Tax Act, 1964. (2 of ;1964)' the words. "subordinate to him'" shall be' deleted,

''1¥'

.-41'

"1

20TH OCTOBER, 1977 (ASVINA 28, 1899) 379 --------

StatemeJ)t of Objects and Reasons

Under Section 10 of' the Goa, Daman and Diu Entertainment Tax Act, 1964, the Commissioner can delegate any of his powers, other than those delegated to him by the Government under the Act, to any officer subordinate to him. While impl&, m~nting the Act 1t is found that in the ,Taluka level, the Act can be best implemented' by Mamlatdars. But Section 10(2), as it stands now, do not empower the Commissioner to delegate his powers to Mame latdars as they are not subordinate officers to him. The present amendment seeks to enable the Com­missioner to delegate his powers to Mamlatdars under section 10 (2) •.

Finaneial Memorandum

No financial commitment is involved since the existing machinery of the Government wi!i carry out the functions. .

Panaji, Smt. SHASHlKALA G. KAKODKAR 12th October, 1977. Chief Minister

Assembly Hall, Panaji,

M. M."NAIK

13th October, 1977 Secretary to the Legislative Assembly

of Goa, Daman and Diu

IAnnexure to Bill No. 16 of 1977)

The Goa. Daman and Diu Entertainment Tax {Amendment! Bill, 1971

The Goa, Daman and'Diu Entertainment Tax Ad. 1964

(Ae+ No.2 of 1964)

....................................................................................... 10. Delegation of powers. -,(1) The Government may, by

notification in the- Official Gazette, delegate to the Commis­sioner or to any other officer all or any of its powers under this Act.

(2) The Commissioner may, with the approval of the Government delegate to any officer subordinate to him, any of his powers under this Act -other than powers delegated to him by the Government. .

Assembly Hall, Panaji,

13th October, 1977.

M. M. NAIK

Secretary to the Legislative Assembly of Goa, Daman and Diu.

LA/B/7/1579/77

The following Bill wliicli was introduced in the Legislative Assembly of Goa, Daman and Diu 011 14th October, 1977 is hereliy pufilished for gene~l information 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 Town and Country Plannjng (Amendment) Bill, 1977

(Bill No. 17 of 1977)

A

BILL to amend the Goa, Daman and Diu Town and CO'Untry

Planning Act, 1974.

Be it enacted by'the Legislative Assembly of Goa, Daman and Diu in the Twenty-eighth Year of the Republic of India, ru; follows:-

1. Short title and commencement. - (1) This Act may be called the Goa, Daman and Diu Town and Country Planning (Amendment) Act, 1977.

(2) It shall come Into force at once.

2. Amendment of section 4. - In sub-section (2) of section 4 of the Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975) (hereinafter referred to as "the Principal Act"), after clause (h), the following clauses shall be added, namely: -

"(h1) Director of Bureau of Economics, Sta­tistics and Eva!luation;

(h2) Director of FlIsheries;"

3. Amendment of section 28. - In section 28 of the Principal Act-

(i) for the marginal heading, the fo!iowing shall be substituted, namely:-

"Power of Government to prepare the map and register" ;

(ii) in clause (b) of sub-section (1), after the words "register within ,that period", the words "or if the Government is of the opinion that such a map or register is needed to be prepared by the Chief Town Planner", shall be inserted.

4. Amendment of sectioll 33. - In section 33 of the Principal Act-

(i) for the marginal heading, the following shalI be substituted, namely:-

"Power of Government to prepare Develop­ment Plan";

(ij) in SUb-section (1), after the words "under the proviso to the said sections"; the words "or if the Government is of the opinion tliat such a plan is needed to be prepared by the Chief Town Planner,", shall be inserted.

Statement of Objects and Reasons

The Goa, Daman and Diu Town and Country Planning Act, 1974 has been enforced in this territory with effect from 2-1-1976.

There are suggestions from the members of the Goa, Daman and Diu Town and Country Planning BOard to amend the exillting provisions of the Act so as to entrust the Chief Town Planner with the work of preparation of Developinent Plan since the Planning and Development Authorities to be consti­tuted will not have sufficient experience, technical manpower for putting development control on a sound footing. Also the Board has recommended an Amend­ment in the Act, to include the Director of Bureau of Economics, Statistics and Evaluation and tl).e Director of Fisheries as members of the Board.

The present Bill seeks to carry out the aforesaid purpose.

380

.. Financial Memorandum .

No financial comm'itment is involved in this BHI.

Panaji, Smt. SHASHIKALA G. KAKODKAR 13th October, 1977 Chief Minister

Assembly Hall,

Panaji, M. M. NAIK

13th October,1977 Se'~retaXy to the Legislative Assembly of. Goa, Daman and Diu

(Annexure t.o Bill No. 17 of 1977)

The Goa. Daman and Diu Town and Country Planning (Amendment! Bill. 1977

The Goa. Daman. and Diu Town and Country Planning Ad. 1974

(Act No. 21 01 1975)

.............. ; .... ; ....... , .. -... -........... ": ..................... : .................... . 4. Constitution of Goa, Damdn and Diu ToWn and Oountry

Planning -Board. - (1) The Government shall, by notification constitute. for the Union territory, .a Board, to be called the Goa, Daman and Diu Town and COWltry Planning- Board.

(2) The Board shall consist of ,the following members, namely::- .

(a) The Minister~in-charge of town and country planning, who shall be Chairman th~f;

(b) SecretarieS to Government in the departments dealing with the following subjects, namely:-:-

(i) town and COWltry planning; (ii) loc'al- self 'govenunent; . (iii) planning; and (iv) industry;

(c) Head of the Public Works Department;

.(d) Head of the Forests Department;,

(e) Director of Agriculture;

(f) Director of, Tourism;

(g) Director of Transport;

(h) Director of -Health Services.

(i) ·four members nominated by the Central Government to represent respectively the Ministries- or- that Government dealing with:

(i) railways; (ii) defence;-(iii) transport; and (iv) tourism..

"

(j) two persons having special knowledge of, ,and prac­tical experience in, matters relatitJ.g to town and COWltry planning, architecture, engineering, transport, _ industries, commerce, agriculture or geology to be nominated' by the Government;

(k)' One person deputed by' Chamber of Commerce arid Indust,ries, Goa;

(1) two members of the Legislative Assembly to be - elected by the members thereof;

(m) the Chief Town Planner, Member Secretary,.

(3) The ~Government may appoint-one, of the members of t;he Board as its Vice-ChAirman.

28. Power of Goverm-n.ent in case of default of Planning and 'Development Authority to prepare the map and register. - (1) Where a map and a register are -to be prepal'ed under this Act, then - ' . '

(a) if within the Period specified in section 26 or within . such further period: as the -GOvernment may specify, no map or register has been prepared, or

SERIES I No. 29

(b) if at any time the Government- is satisfied that the Planning and Development Authority is not taking steps necessary ~to .prepare such a map or register _within that period~ -the Qovernment m~~y dire.ct the Chief Town I;'lanner to prepare a-·map and -register.

33. Power of Gover-nment in. case of default Of Planning and ,Development Autho'rity to prepare Development Plan.­- If a Development Plan is -not -prepared, published, and submitted to the Government by a Plaiming and Development Aut~ority within the 'period specified in section 29 of -secM tion 31, as the ,case_ may be or within the period extended Wlder, the proviso to the said sections, the Government may aUth9'rise -the Chief Town- Planner to' prepare such plan and direct the cost thereof to be recovered· from -the Planning and Development Authority concerned out of its· fUnds.

Assembly HaU,

Panaji,

13th October, 1977

M. M. NAIK

. _ Secretary. to the Legislative Assembly '- . of' Goa, -Daman and Diu

LA/B!7/1580/77

The following Bill wliich was introduced in the Legislative Assembly of Goa, Daman and Diu on 14tli October, 1977 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 Maharashtra Co·operative Societies (Goa, Daman and Diu Third Amendmentl Bill, 1917

(Bill No. 18 of 1977)

A BILL

further to amend the provisions of the Maharashtra . Co-operative SQdieties Act, 1960, in its appZicatioo to the Union territlYfY of Goa, Daman .and Diu.

Be it enacted by the /LegislativeA~sembly of Goa, Daman and Diu in the Twenty-eighth Year of the Republic of India as follows: -

1. Short title and commencement. - (1) This Act may be called. the Maharashtra Co-operative Socie­ties (Goa, Daman and Diu Third Amendment) Act, 1977.

(2) It shall come iinto force at once.

2. Amendment of section 2. - In clause (10) of section 2 of the Maharashtra Co-operative Societies Act, 1960, (Maharashtra Act XXIV of 1961) as in force in the Union territory of Goa, Daman and Diu (hereinafter called "the' Principal Act"), ·a comma

shall be inserted after the figure "1949" and after the comma so inserted, the words "and includes any society which .[s functioning or is to function as a Land Development Bank under Chapter XI" shall be inserted.

3. Insertion of sections 73A to 73H. - After sec­tion 73 of the Principal Act,. the following sections shall be inserted, namely:-

"73A.Disqualification for being designated offi­cer simultaneously of certain specified societies or for being designated of!icer of thl) same society for more than six years. - (1) Inthis section and

"

381 !OTH OCTOBEk; 1977 (A8VINA !l8,1899) ~~-----------------------------------

in sections 73D, 73E and 73F, "a deElignated offi­cer" means the Chairman, the President, the Vice-Chairman and the Vice-President, and includes any other officer of the society as may be declared by the' State Government, by notifi­cation' in the Official Gazette, to be a designated officer, but does not include any Officer appointed

.01' nominated by the State Government or by the Registrar.

(2) No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or Category ill of the categories mentioned below; and shall not be or continue to be a designated officer in more than two .societies in the aggregate in the three categories:-

Category I, societies, the area of operation of which extends to the whole of the Union territory of Goa, Daman and Diu.

Category II, societies, the area of operatJion of which does not extend to the whole of the Union territory of Goa, Daman and Diu. but extends to one or more districts; and the au­thorised share capital of which is more than Rs. 10 lakhs.

Category Ill. - societies, the area of opera­tion of which does not extend to the whole of a district but extends to one or more talukas or the authorised share capital of which is "not more than Rs. 10 lakhs but is not less than Rs.5lakhs.

(3) If any question arises whether or not a society falls under any of the categories referred to in sub-section (2), such question shall be refer­red to and decided by the Registrar, and his decision shall be final.

(4) If any person is at the commencement of the Maharashtra Co-operative Societies (Goa, Daman and Diu Third Amendment) Act, 1977, a desig­nated officer of more than two societies in the said categories, or of more than one SOCiety in the same category, then unless he resigns his of­fice in the society or societies in excess of the number prescribed under sub-section (2) within a period of ninety dltYs from such commencement, he shall, at the expirat:on of the said period, cease to be a designated officer of all such societies.

(5) If any person becomes, at the same time, after the commencement of the said Act, a desig­nated officer of societies in excess of the number prescribed under sub-section (2), unless he re­signs his office in the society or societies in ex­cess of the said number within a period of ninety , days from the date on which he is elected or ap­pointed a designated officer of more than the per­missible number of society' or societies, or if the elections or appointments are held or made simul­taneously, from the date on whiCh the result of the last of such elections or appointments is declared, lie shall, at the expiration of the said period of ninety days, cease to be a designated officer _of all such societies.

(6) No person shall be, or shall continue to be, a designated officer of any society of any of the categories referred to in sub-section (2) for a con­secutive period of. more than six years, and at the expiration of that period any such person shall

cease to be a designated officer of that society, and shall not be eligible for being re-elected or re-appointed as a designated officer, until a period of three years has elapsed after the expiry of the aforesaid period of six years.

Explanation: For the purposes of this sub-sec­tion - (a) in calculating the consecutive period of six years in office, any period for which the person concerned may have been such officer before the commencement of the Maharashtra Co-operative Societies (Goa, Daman and Diu Third Amendment) Act, 1977 shall be ignored;

(b) if any person resigns his offlice as a desig­nated officer at any time within twelve months of the date on which the consecutive period of six years would, but for his resignation, have been compieted, he shall be deemed to have completed the period of six years on his resignation.

73B. Reservation of seats, on committees of certain societies, for Scheduled Castes, Tribes and for weaker section of members. - On the com­mittee of such society or class of societies as the State Government may, by general. or special order, direct, two seats shall be reserved, one for the members who belong to the Scheduled Castes or Scheduled Tribes and one for the weaker section of the members who have been granted loans from the society of an amount not exceeding Rs. 200 during the year immediately preceding. If no such .persons are elected or appointed, the committee shall co-opt the requ~red number of members on the committee from amongst the persons entlitled to such representation.

73C. Reservation of seats for Employees on Committees of certain societies. - On the com­mittee of such society or class of societies as the State Government may, by general or special oider, direct where the number of permanent salaried employees of the society is 25 or more, -

(a) if the number of members of the committee thereof is 11 or less - one seat; and

(b) if the number of such members is 12 or more - one additonal seat for every 10 members over and above the first 11 members,

shall be reserved for such employees. The seats so reserved shall be filled by selection made by the recognised union or unions, from amongst such employees. If there be no such union, the members representing such employees may be nom:'llated by the State Government. Any person selected or nominated as a member of the committee to any reserved seat shall not be entitled to be elected as an officer of such society, or to vote at election of officers.

73D. Restrictions on Representation of certain Class of Members on Committees of certain SQ­cieties and for being designated officers. - (1) In the case of an Apex Co-operative Bank and Federal Institutions, there sha'l not be more than one representative of individual members on the com­mittee of such Bank and Federal Institution and such representative shall not be eligible for being elected or appointed as a deSignated officer.

(2) In the case of a Land Development Bank or an Apex Land Development Bank, there shall not be more than one representative on the committee

382

. of such Bank, of members, who have not taken any loans from the Bank, and such representative shall not be eligible for being elected or appointed as a designated officer. '

(3) In the case of an Agricultural Credit Society which gives loans to individuals for the raising of crops, there shall not be more than one repre­sentative on the committee of such Society, of members who have not taken any loans from the society; and that representative shall be elected or appointed only from amongst members who have not taken loans. Such representative shall not be eligible for being elected or appointed as a desig­nated officer.

73E. Society's nominee on other society not eli­gible to be designated officer except in a :Federal society. - No member of a society who is nomi­nated to represent it on any other society, shall be eligible for being elected or appointed as a designated officer of the other society, unless the other society is its federal society.

73F. In Notified societies members not having minimum number of transactiJ)ns of certain mo­netary llmits not entitled to be designated office.rs. -In the case of such claSS or classes of societies as may be notified by the State Government, by notification in the Official Gazette, no member shall be eligible for being elected or appointed as a designated officer, if he does not fulfil the minimum qualification relating to his transactions with the. society of such monetary J:lmits as may be laid down, from time to time, in such notifica­tion.

73G, Itlember who or whose near relation is deal­ing in goods for purchase of which loans are given by the society not eligible to be on its committee.­In the case of a society, which gives loans to mem­bers for purchasing machinery, implements, equip­ment, commodities or other goods, nO member, who or whose near relation is a dealer in such goods or is director ofa company or a partner iIi a firm carrying on business in such goods, shall be eli­gible for being erected or appointed as a member of the Committee of such society,

"

E<>';'Planatioi~, -For the purposes of this section, the expression "near relation" means wife, husband, father, mother, son, daughter, son-in-law or daughter-in-law,

73H. Provision for conduct of elections to com­mittees (and of office.rs) to certain societies and term of office of members of such committees.­(1) The election of the members of the committee (and the officers by the committees) of the socie­ties of the categories mentioned below shall be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under that Chapter:-.

(i) Such Apex Cooperative Institutions which the State Government may, by general or special .order pubEshed in the Official Gazette, from time to t:me, specify in this behalf, regard being had to the financial position and share capital of such institutions;

(iL) All Co-operative Banks; (iii) Land Development Bank; (h') All Federal Institutions;

SERIES I No. S9

(v) Any other society or class of societies, which the State Government may, by general or special order published in the Official Gazette, from time to time, specify in this behalf, regard being had to the financial position and share capital of such institutions.

(2) When the election of all the ~embers of the Committee of any such society is held at the same tlime, the members elected on the Committee at such general elections shali hold office for a period of three years from the date on which the first meeting is held and shall continue in office until immediately before the first meeting of the members of the new Committee,

(3) Notwithstanding anything in the bye-laws of any such society, only the committee of mana­gement shall be elected by a general body of mem­bers of the society; and all other committees authorised by or under the bye-laws may be cons­tituted only by electing or appointing persons from among the persons who are members of the com­mittee of Management, and all such committees shall be sub-committees of the committee of management, and shall be subordinate to it.".

, 4. Aft~r section 77 of the proncipal Act, the follow­mg section shall be inserted, namely: ~

• "77 A. (1) Where the Registrar is satisfied that:-

(a) at the first constitution of the committee of any society there is a failure to elect all or any of the members of the committee' ,

(b) the term of the committee of any society or of any of its ~~mbers has expired or for any other reason election is held and there is a failure

. to elect all or any of the members required to fill the vacancies; . .

. (c) any committee is prevented from entering upon office;

~d) a new committee has failed to enter upon offIce on. the date on which the term of office of the existing committee expired; or

(eJ a new committee cannot for any reason be constituted before the expiry of the term of office of the existing committee he may eit~er suo moto <:r on tne appllcatl~n of any offIcer of the SOCIety, by order appoint:-

(i) any member or members of the society to be the member or members of the mana­ging committee to fill the vacancies;

(ii) a committee, consisting of not more than three members of the society, or one or more administrators, who need not be mem­bers of the society, to manage the affairs of the SOCiety till a new committee enters upon office:

Provided that, before making such order. the Registrar shall publish a notice on the notice board at the head office of the society, inviting objec­tions and suggestions with respect to the proposed order within a period speCified in the notice and consider all objections and suggestions received by him within that peripd;

.' Provided further that, it shall not be necessary to publish such notice in any case where theRe-

~ i ;"

j

20TH OCTOBER, 197'1 (A8VINA 28,1899) 383 -----------------~~--------~---------

gistrar is satisfied that immediate action is re­quired to be taken or that it is not reasonably practical to publish such notice.

(2) The committee or administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time

. give,. have power to discharge all or any of the functions of the committee or of any officer of the society, and take all such action as may be required to be taken in the interest of the society.

(3) The committee or administrator shall make necessary arrangement to constitute a new com­mittee or for enabling the new committee to enter upon office, as the case may be, within such period or extended period as the Registrar may specify.".

5. Amendment of section 78. - For section 78 of the princiPal Act, the following shall be substitute? and shall be deemed to have always been so SUbsti­

tuted, namely: ~

"78. Power of removal of committee or member thereof. -, (1) If, in the opinion of the Registrar, the committee of any society or any member of such commJittee persistently makes default or is negligent in ilieperformance of duties dmposed on &t OIl him by this Act or the rules or the bye-laws or commits any act which .s prejudicial to the Interests of the society or its members or wilfully disobeys directions issued by the Reg1istrar for ilie ,purposes of securing propel' implementation of co-operative productions and oilier development programmes approved Or undertaken by ilie State Government Or is otherwise not discharging its or his functions properly, or where a situation has arisen in which the committee or any member thereof ceases or refuses to discharge its or his functions and the business of society has. or is likely to come to a standstill, or where any member of such committee stands disquatified by or under this Act for being a member, ilie Reg1istral1 may, after giving the committee or the member, as ilie case may be, an opportunity of stating its or his objections, if any, Wiithin 15 days from ilie date of issue of notice, and after consultlng ilie federal society to which ilie soCiety is affiliated, by order,-

or

(a) remove ilie committee, and " .

(i) appoint Ii committee, consisting of three or more members of the society in its place,

. (ii)appoint one or more administrators, who need not be members of iliesociety and who may be individuals or a corporation (in­cluding a company owned. or controlled by the State or a subsidiary thereof),

to manage the affairs of the society for a period riot exceeding two years specified in the order, which period may at the discretion of the Re­gistrar, be extended from time to time, so however that the total period does not exceed four years hi the aggregate;

(b) remove tlle member and appoint any per­son ·as member of sucli committee in his place, or direct the society to elect or appoint a member in his place, for the remainder of the term: of office of. the member.so removed.

(2) When a notice is issued against any com­mittee or member under sub"section (1), if resig-,

nation from' any office is tendered by the COln­mittee or member'it shall not be valid or effective,

. until two months have elapsed from the dateof issue of the notice or until it is permitted to be accepted by the Registrar, whichever is earlier.

(3) The committee . or administrator so ap­Winted shall subject to the control of ilie Registrar and to such in~trilctions as he may from time to time give, have power to exercise all or any of the functions of the committee or of any officer of the societY.and take all such action as may .be required in the interests of the society.

The committee or administrator appointed as aforesaid shall, notwithstandhig anYthing con­tained in ilie bye-laws have power to call a special general meeting of ilie society to review or to reconsider the decision or the' resolution taken or passed at ilie general meetings called by the pre­.vious committee or to endorse actions taken by it.

(4) The Registrar may fix the . remuneration payable to the administrators and any 'expenses of management which shall be payable out of the funds of the society within such time or at sllch . inte.rvals as the Registrar may fix, and if such remuneration or expenses are not paid within sllchtime or at intervals the Registrar may direct ilie. person having custody of the funds of the :society to pay to the administrators such remu­,neration and expenses in priority to any other payments (except land revenue, any arrears of land revenue, or any sum recoverable from the society as arrears of land revenue) and he shall, so far as the funds in the credit 'of the society allow, comply with the orders of ilieRegistrar.

(5) .If at any time during any period; or ex­tended period referred to in sub-section (1), it appears to the Registrar that it is no longer ne­cessary to con.tinue to carry .on ilie affairs of the SOCiety as aforesaid, the Registrar, may, .by an order direct that the management shall terminate ; and on such order being made, the management of the, society snail be handed over to a new com­mittee duly constituted.

(6) The committee or administrator shall, at the expiry or termination of it or his term of office, arrange for the constitution of a new com­mittee in accordance with the bye-laws of the SOCiety:

Provided that, if a new committee is not" or cannot be, constituted at the expiry or termina­tion of the term of office of the committee or administrator, for any reason beyond the control

. of the committee or administrator, the term of office of ilie committee or the administrator as the case may be, shall be deemed to be extended, until ilie new committee is duly constituted.

(7) All acts done or purported to be done by fuecommittee or administrator dUring the period the affairs of the society are carried on by ilie committee or ilie administrator appointed under sub-section (1), shall be binding on the new com­mittee.".

6. Insertion of section 79A. - After section 79 of ilie' Principal Act, the following shall be inserted, namely:-

"19k Govermnent's power to give directio~s in the public interest. -(1) If ilie State Government,

384

on receipt of a report from the Registrar or other­wise is satisfied, that in the public interest or for .the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by the Go­vernment, or to secure the proper management of the business of the society generally, or for pre­venting the affairs. of the society being conducted in a mannel' detrimental to the interests of the members; or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, the State Government may i~sue directions to them from time to time, and all societies or the society concerned, as the case may be shall be bound to comply with such direc-tions. -

(2) The State Government may modify or cancel any directions issued under SUb-section (1), and in . modifying or cancelling such directions may impose such conditions as it may deem fit.

(3) Where the Registrar Is satisfied that any person was responsible for complying with any directions, the Registrar may by order:-

(a) it th.) person is a member of the com­mittee of the society remove the member from the committee and appoint any other person as a member of the 'comniittee for ·the remainder of the term of his office and declare him to be disqualified to be such member for a'period of six years from the date of the order;

(b) if the person is an employee of the society direct the committee to remove such person from employment of the society forthwit4, and if any' member or members of the committee, without any good reason or justification, fail to comply with. this. order, :.:emove the members appoint other person as members and declare them disqualified as, provided in clause (a) above:

. Provided that, before making any order under this sub-section the Registrar shall give a reason­able opportunity of being heard to the person or persons concerned and consult the federal society to which the society is affiliated. . "

Any order made by the Registrar under this , section· shall be fina,l".

7. Amendment of section 95. - In section 95 of the principal Act, -

(i) for the marginal heading the following shall be substituted, namely: - .

"Attachment before Award and interlocutory orders.". . (ii) after sub-section (3) the following shall

be inserted, namely: -

"( 4) The Registrar or the person authorised under section 88 as the case may be, may in order to' prevent the ends of justice being defeated make such interlocutory orders pending the. decision in a dispute referred to in sub­-section (1) as may appear to be just and con­venient".

8 .. Amendment of section 105. - In section 105 of the Principal Act,-

(i) the existing section shall be renumbered as sub-section (1) thereof;

SERIES I No. $9

(ii) after· sub-section. (1) so renumbered 'the following shall be inserted, namely:-

"(2) Notwithstanding anything contained in sub-section (1), the Liquidator shall not. have the right to vote on behalf of the society in liquidation, at the election of the members of the commilttee or of the officers of any other society." . '

9. Insertion of Chapter XI-A. - After Chapter XI of the principal Act, the following shall be inserted, namely:-

"CHAPTER. XlI~A

Election of committees and officers of certain societies

144A. Application of this Chapter and defini­tions. - (1) Except section 144Y, this Chapter shall apply only to election to committees of so­cieties belonging to the categories specified in sectiion 73H.

(2) In this Chapter, unless the context other­wise requires,-

(a) "Collector" means the Collector having jurisdiction over the local areas in which .the re­gistered office of the society concerned is situa­ted, and includes the Additional Collector, and also any officer not below the rank of Deputy Collector, appointed by the State Government to exercise the powers and to perform the duties of the Collector under this Chapter;

(b) "Development Commissioner" means the Development Commissioner to the Government;,

(c) "election" means an election of a member or members of the committee of a specified society;

(d) "specified society" means a society be-. longing to any of the categories specified in section 73H.

Hili. When elections to be held. - (1) Every election shall be held as far as possible sometime prior to the date on which the term of office of the retiring member or members is due to expire. If a vacancy occurs due to any other reason, 'it shall be filled· as early as practicable. ' '

. (2) Notwithstanding anything contained in the bye-laws of any specified society, election to all the specified societies shall be held afresh in accord­ance with the provisions of this Chapter within six months of coming into force of .the Maharash­tra Co-operative Societies (Goa, Daman and Diu Third Amendment) Act, 1977.

144C. Conduct of elections. - (1) Save as otherwise provided, every election shall be held on such date or dates. as the Collector may fix, and shall be conducted under his control by such Returning Officer and other offlicers, as may be appointed by the Collector in thlis behalf.

(2) In all cases, where a SOCiety has to send a nommee as a member of the committee of any specified society, the electJion of such nominee shall be conducted under the control of the Collector of the. Distric~ in which the registered . office of the society sending, the -nominee is situated. "

.-4

20TH OOTOBER~ 1917 (ASVINA 28,1899)

(3) In all cases, where the bye-laws of a spec;i­,fiiedsociety authorise the Government nominee or the nominee of a financing agency to be a member of the committee of ,the society no election need

, be ,held for such purpose.

, (4)' The voting of every election shall be by ';secret ballot: '

, 144D. Cost of conducting elelltions.~(l) The ex­'penses of holding pfany election, includiing the payment of travelling allowances, daJily allowances and other remunerations, if any,to the persons appointed to exercise the' powers and perform the

-dutiM in respect of the, election, shall ~ borne by ,the specified society concerned. ' ,

" (2) For this pu~ the Collector may call upon ,a specified soCiety to depoSit with him such amount as he considers necessary for the conduct ~f elections. Within eight days from the receipt of .such directions from the Collector, the society shall deposit the specilfied amouht with the Collector.

(3) The Collector shall mMntain an account of 'the', expenses incU11I'ed' in connection with the election and within six months from thedecla­ration of the results of the elections, render the same to the society concerned; and shall refund to' the soCiety the balance, if any, remll-ining

, 'unspent. If the expenditure eXceeds the amount of ,deposits,the Collector shall call upon the society td pay the excess amount as specified hy him within eight days from the receipt of the dfurection from hiim, and the society shaH comply with such ·directions. ' ,

'. (4) ()n failure of a specified socletyto' pay as 'aforesaid the deposit amount or to pay the excess

, .,amount, the Collector may recover the sums due, together with interest thereon .at the rate of 12 percent per annum from the society as arrears

<of. land revenue.

144E. Disqualifications for membership.-(1) A person shall be disqualified for being elected as, and for being a member; of the committee of any .specified society,-

(a) if he is a ¥laried employee of any society (other than a society of employees themselves) or holds any office of profit under any soCiety, except when he holds or is appointed to the ofliice of a Managing Director or any other ofliice declared by the State Government by general .. Or special order not to ,disqualify its holder or is entitled to be or is elected, appointed or co-opted to any reserve seat On the committee, ,of a society under Section 73C;

(b) if he has been convicted, of an offence punishable under section 153-A or section 171-E or section 171-F or sub-section (2) or sub-sec­tion (3) of section 505 of the Indian Penal Code (XLV of 1860) or under section 144-Q or clause (a) of sub-section (2) of section 144~R of this Act unless a period of six years has elapsed since the date of his conviction; ,

(c) if he ,has, been convicted by a co~ in India for any offence and sentenced to impri­sonment for not less than two years, unless a period of five years has elapsed since his release; ,

385

(d) if ,he is found guilty of a corrupt practice by the Development Commissioner, unless a period pf six years has elapsed since the date on which ,the decision of the said Commissibner takes effect;

(e) if he is so disqualified by or under any other provision pf thiS Act. '

(2) For the purposes of clause (a) of sub'scc­tum (1), a person shaH not he deemed to hold an office of profit under a society, if he does not receive any remuneration other than compensa­tory allowance or honorarium payable under sub-section (2) of section 65 not exceeding Rs. 6000 per year.

Explanation. - In this SUb-section, "compensa­, tory '. allowance" means the travelling allowance,

, ,the daily allowance or such other allowance which is paid to the holder of the office for the purpose of meeting the personal expenditure in performing the functions as holder of that office.

(i) ~otwithstanding' ~nything, contained in , clause (b) or (c) of sub-section (1), a disqualifi­

cation under either, clause shall not, in the case ofa person who on the date of convl:ctlon is a member of any society, take effect until three months have elapsed' from that date or, if within that period an appeal or an application for revision is brought in respect, of the convl:ction or the sentehce until that appeal or application is dis· posed of by the court.

',l44F. AccOunt of election expenses and lodg,' ing of account. - (lLEvery ,candidate at an eleCtion shall keep a separate and cOrrect account of all expenditure in' connection with the election incurred or authorised by him.

(2) The account shall contain such particulars as may be preSCribed. " '

(3) The total of the said expenditure shall not exceed such amount as may be spooified by the State Government, by general or special order, published in the Official Gazette.-

(4), Every contesting candidate at an election _ shall, within thirty days from the date of election

of the returned candidate,or, if there, are more than one, returned, canditlateat the ,election and

• the dates of the election are different; the latter oftho:i!e two dates, lodge with the CoHector an account of his election expenses which shall be a true copy of the account kept by him under sub­-section (1). '

144G. Disqualification for failure to' lodge account of election expen:i!es. - If the Collector is satisfied that a ,person, '-'-

(a) has failed to lodge an faccount ofelectiQn expenses within the time, 8.11d., in the, maimer required 'by the last proceeding section,' a.nd

(b) has no good reason or justification for , the failure, the Collector, shall, by order publish­ed in, the ',Official Gazette, declare him to he disqualified :for, being ele~ted. as, andior, being, a member of the committee of any specifi~, society" and any -~uch. ,person 'shall be disqua­,1lfiedfor,aperiod of three years 'from:the date of the order.' , -

386

,l44H .• ~oYl\l or,~\lction .9f,pe,rio(l,:;of dis­, quaJifiCl\tion, ,,",,,,:The, :State" Goyerrun.ent< may i for ,,'reasons-to;be recorded, remove. \Uly disqUalification -,-under-;,thif('C}Japter or reduce the periOd; of' any

disqualification., ,',':, '> O"" ,; i44 I. C;;riu~t ·p~tices. ~The ,folioWhl,g;;shall

be deemed to be corrupt practices for the purposes , ,,·of ; 'this Chapter: -,", ,", ," ,; .. ,

_~::'~'~~i!: ".-' (:l)~::.~t~~~~~"~· ~ha~:- i~, .to· ~-saY.:~·~. i

',' • '"fA) 'aitiy':gift, offeror ptoIlliseby aCiIlidi­'" : date or' his agent or by any tither p:etSon ,:;, ':With the consent'of'a candidate or his eleCtion

agent of any gratification .. : to" any ':perSon whomsoever, with the object, directly or in-

"·,directly',of inducing,..-+ ,_ , ;";:'(a)~persontostand ornottostarid as,

.. -, 9~ ,:~o :wit~dra~ . o~ not to':'with~w 'from , being a candidate at an election, or' . , . . - , . ,-"

(b) an: elector to vote or refrain from voting at an election, or as a reward to-

, (i) , a person for having so stood or not stood, or for having Withdrawn,oi ,not having, Withdrawn his c!I:Jldidature;' or

(ii) an electorJor having voted or re­,;frainedfrom votin'g;

, (B) the receipt of, or agreement to reCeive, any gratification, whether as a motive or a reward-

(a) by a person for standing or not standing as, or tor WithdraWing or not Withdrawing from being, a 'candidate; ,or

(b) by any person whomsoever for him­self or any other person for votiilg or re­training from voting, or inducing. or at­tempting to induce any elector to vote or refrain from voting, or any candidate to Withdraw or not to Withdraw his candi­dature.

Explanation. - For the purposes of: this clause, the term "gratification" is not res­tricted to pecuniary gratifications or gra­tifications ,estimated in money and it in­cludes all fqrms of, entertainment and all forms of' employment for reward, but. it does not include the, payment of anyexpen­sesbona, fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 144-F. '

(2) "Undue influence", that is to say, any direct or indirect interference or. attempt to interfere on the part of the candidate or his agent, or of any other person with consent of the candidate or his electiOn agent, With the free exercise of any electoral right:

Provided that -

(a) Without prejudice to the generality of the provisions of this clause, any .lluch person as is referred to therein who-.,-

(i) threatens ,any candidate or any elector, or any perSon in whom a candidate or an elector is interested, with injUry of

" SERIES I No.it9

any ,~ind: incll,lding social. obs,tracism and . ex-communica.tio~, or expulsion ".from,any , caste or: COmmjllllty; or. ,', .. ,: .. ' " , '

(Ii) 'Induces or' attElmptsto 'iliducEl a, can­didate or an elector to believe tlui.t he. or any perllonin ,whom he is'interested Will ' b~?me o.r Will be rendered .,an Obj~t of dIvme dIspleasure or spiritual censure, shall ,be dee!lled to jnterferEtcWi,th 'the free ~erClse , of,. theelectoralrigh~ of such,can-, didateor elector within .themeaning of.this clause; "

, "

.. (0 ~,a • decl~tioli of publlC policy; '(II' a promIse of pubhc action, or the mere exercise of a legal' right Without interifto interfere Wi,t)l. an, electoral right,shall ,not be deemed to be interference Within, the meaning, of this

,clause., ", "

, , '(3) The hiring or procuring, whether on pay­ment or othe,rWise, of any vehicle or vessel by a .candidate or his agent or by any other person With the consent of a candidate or, his election agent, or the use of such vessel for tlie free con­veyance of any elector (other,than the candidate himself, the DleDlbers of his famlly or his agent) to, or from any polling station:

Provided ,that, the hiring of a vehicle or vessel by an elector or by several electors at t1!eir joint cost for the purpose of conveying hIm or, them to and from any polling station shall not be deemed to' be a corrupt practice under this clause:

Provided further that, the use of any public 'transport vehicle or vessel or railway carriage by, any elector at his own cost. for the purpose of goirig to or COming from any polling station shall not be deemed to be a corrupt practice.

Explanation, - In this clause and in the next succeeding clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether pro­pelled by mechanical 'power or otherWise and whether used for drawing other vehicles or otherwise.

(4) The use of vehicle belonging to a speci­fied society for the purpose of any election,

(5) The incurring or· authorising of expendi-ture in contravention of section 144F. '

(6) M~ing special advances of loans or otherWise favouring any elector or group of electors between the date of declaration of pro­gramme for an election and the date of decla­ration of the result thereof.

144 J. Maintenance of secrecy of voting. '-, (1) Every Officer, clerk, agent or other person who performs any duty in connection, with, the record­ing or counting of votes at an election shall main­tain, and aid in maintaining the secrecy of the voting, and shall not (except for some purpose authorised by or under any taw) communicate to any, person any 'information calculated to ,violate such, secrecy.

(2) Any person who.contravenes the provisions of sub-section (1) shall, on conviction, be punished

20TH OCTOBER, 1977 (ASVINA 28,1899)

with imprisonment for a term which may extend to three months, or with fine, or with both.

144K. Officers, etc., at elections not to act for candidate or to influence voting. ~ (1) No person who is a Returning Officer or an Assistant Return­ing Officer or a Presiding or Polling Officer at an election, or an Officer or clerk, appointed by the Returning Officer or the Presiding Officer to per­form any duty in connection with an election shail in conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of " candidate.

(2) No such person as aforesaid, and no member of a Police Force, shall endeavour-

(a) to persuade any person to give his vote at an election, or

(b) to dissuade any person from giving his vote at an election, or

, (c) to influence the voting of any person at an eleotion in any manner.

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall; on conviction, be punished with imprisonment which may extend to six months, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

144L. Prohibition of canvassing in or polIing station. - (1) No person shall, on the date or dates on which a poll is taken at any polling station commit any of the following acts within the Polling Station or in any public or private place within a distance of one hundred metres of the polling station, namely:-

(a) canvassing for votes; or (b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any particular candidate; or

(d) persuadi!ng any elector not to vote at 'the election; or

(e) exhibiting any notice or s~gn (other than an official notice) relating to the election.

" (2) Any person who contravenes the proviSions o( sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(3) An offence punishable under sub-section (2) shall be c?gnizable.

144M. Penalty for disorderly conduct 'in or near polling stations. - (1) No person shall, on the date or dates on which a poll is taken at any polling station,-

(a) use or operate within or at the entrance of the polling station, or in any public or pri­vate place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as megaphone or a loud­speaker, or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling

387

station or in any public or prilvate place in the neighbourhood thereof, so as to cause anno­yance to any person visiting the polling station for the poll, or so as to interfere with the work

, of Officers and ,other persons on duty at the polling station.

(2) .Any person who contravenes, or wili'ully aids or abets the contraventlon of, the provisions of sub-section (1) shall, on convilction, be punished with imprisonment which may extend to three months, or with fine, or with both.

(3) If the Presiding Officer of a polling station has reason to believe that any person is com­mitting or has committed an offence punishable under this section, he may di>rect any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps, and use such force, as may be reasonably neces­sary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

144N. Penalty for misconduct· at the polling station. - (1) Any person who during the hours filxed for the poll at any polling station miscon­ducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling station by the Presiding Offilcer or by any police offi'Cer on duty or by any person autho­rised in this behalf by such Presidiro.g OffilCer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station re-enters the pollilng station without the permission of the Presiding Off.ilcer, he shall, on conviction, be punished with impri­sonment for a term which may extend to three months, or with fine, or with both.

(4) An offence punIshable under sub-sec­tion (3) shall be cognizable.

144 O. Penalty, for illegal hiring or procuring of conveyances at elections. - If any persou is guilty of any such corrupt practice as is specified in clause (3) or (4) of section 144-1 at or in connection wilth an election, he shall, on convic­tion, be punished with fine which may extend to one thousand rupees.

144P. Breaches of official duty in connection with election. - (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his officia:l duty, he shall, on conviJction be punished with fine which may extend to five hundred rupees.

(2) An offence punishable under sub-sec­tion (1) shall be cognirlable.

(3) No suit or other legal proceedings sha'J lie against such person for damages in respect of any such act or omission as aforesaid.

(4) The persons to whom this section applies are the Returning Officers, Assistant Returning

~-----------------:---'"---[

I f

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i~ , " , :

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I

388 SERIES I No. 29 -------------------------------

Officers, Presiding Officers, Polling Officers and , any other persons appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expres­sion "Official duty" shall for the purposes of this section be construed accordingly, but shall not 'include duties imposed otherwise than by or under this Act.

144Q. Removal of ballot papers from pollin/!; station to be an offence. - (1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with impri­sonment fora term which may extend to one year, or with fine which may extend to five hundred rupees or with both.

(2) If the Presiding Officer of a polling staUon has reason to believe that any person is commit­ting or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a poHce officer to arrest such person and may eearch such person or cause him to be' searched by a police officer:

Provided that, when it is necessary to cause a woman to be searched, the search shall ,be made by another woman with strict regard to decency,

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the Presiding Officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) ~hall be cognizable.

144R. Other offences and penalties therefor.­(1) A person shall be guilty of an electoral offence if at any election he-

(a) fraudulently defaces, or fraudulently des­troys any nomination papers; or

(b) fraudulently defaces, destroys or removes any list, notice ,or other document affixed by or under the authority of a Returning Officer; or

(c) fraudulently defaces or fraudulently des­troys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connect;ion with voting by postal ballot; or

(d) without due authonity supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box any­thing other than the ballot paper which is autho­rised by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the fore­going acts or wilfully aids or abets the doing of any such,act.

(2) Any person guilty of an electoral offence under this section shall -

(a) if he is a Returning Officer or an Assis­tant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term' which may extend to two years, ,or with fine, or with both; ,

(b) if he is a~y other person, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

(3), For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed other­wise than by or under this Act.

(4) An offence punishable under sub-section (2) shall be cognisable.

144S. Application of section 148 to offences lmder this chapter snbject to certain modifications, - The provisions of section 148 shall apply to the offences under this Chapter, subject to the modifi­cation that no prosecution for an offence puni­shable under this Chapter shall be lodged, except with the previous sanction of the Collector.

144 T. Dispntes relatiJlg to elections to be re­ferred to the Development Commissioner. - (1) Notwithstanding anything contained in section 91 or any other provision of this Act, any dispute relating to an election shall be referred to the Development Commissioner.

(2) Such'reference may be made by an aggrieved party by presenting an election petition to the Development Commissioner, within a period of two months from the date -of declaration of the result of the election:

Provided that, the Development Commissioner may admit any petitions after the expiry of that period, if the petitioner satisfies the Development Commissioner that he had snfficient cause for not preferring the petition within the said period.

(3) In exercjsing' the functions conferred on him by or under this Chapter, the Development Commissioner shall have the same powers as are vested in a Court in respect of-

(a) proofs of facts by affidavit; (b) summoning and enforcing the attend~nce

of any person and examining him on oath; (c) compelling discovery or the production of

documents; and (d) issuing commissions for the examination

of witnesses. (e) In the case of any such affidavits, an

officer appointed by the Development Commis­sioner in this behalf 'mayadminj~t,er the oath to the deponent.

(4) Snbject to any rules made by the State Go­vernment in this behalf, any such petition shall

J \

L

20TH OCTOBER, 1977 (ASVINA 28, 1ft99)

be heard and disposed off by the. Development Commissioner as expeditiously as possible. An order made by the Development Commissioner on such petition shall be final and conclusive and shall not be called in question in any court, .

144U. Deposits towards costs for hearing and power to award costs. - A petitioner presen~ng .any election petition under the' last precedmg section shall pay a deposit not exceeding Rs. 500 as the, Development Commissioner may direct towards the costs for hearing the petition. Unless the petitioner deposits the same as aforesaid the petition shall be summarily dismissed. Subject to such conditions as may be prescribed, at the time of deciding the petition, the Development Com­missioner shall assess the costs of hearing of the petition and shall require the petitioner or the respondents, or both as the case may be, to defray the whole or in such proportion as he thinks fit, the costs of the petition, including the deposits so made. The Development Commissioner sha!l credit to Government such sum as he assess as the cost to Government of hearing the petition (but not exceeding Rs. 500 in any case). ,

144V. Contents of petition. - (1) An election petition shall-

(a) contain a concise statement of th,e mate­rial facts on which the petititioner relies;

(b) set forth full particulars of any corrupt practice that the petitioner alleges" including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) be signed by the petiltioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verifica­tion of pleadings:

Provided that, where the petitioner aileges any corrupt practice, the petition shall be also accompanied by an affidavit in support of the allegation of such corrupt practice and the particulars thereof. '

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petltion.

144W. Relief that may be claimed by the peti- ' tioner. - A petitioner may, in addition to claim­ing a declaration that the election of aH or any of the returned candidates is void, claim a further declaration that he himself or any other candiJdate has been duly elected

144X. Power to make rules for pnrpose of this chapter. - Without prejudice to any other power

, to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act generally to provide for and to regulate all or any of the other matters relating to the various stages of the elections (including preparation of list of voters) .

144Y. Special provision for election of officers of specified societies. - (1) 'l,'his section shall apply only to elections of officers by:members of committees of societies belonging to categories spe­cified in section 73H.

389

(2) After the election of the membe!rS of the committee, or whenever such election is due, the eJection of the officers or officers of any such societies shall be held as provided in tits bye-laws, but any meeting of the, committee for this purpose shall be presided over by the Collector or an officer nominated byhim in this behalf.".

10. Amendment of section-154.-For section 154 of the principal Act, the following shall be substi­tuted and shall be deemed to,have always been so substituted, namely: - '

"154. ReviSiOnary powers of State Government and Registrar. - (1) The State Government or the Registrar suo moto or on an application, may caH for and examine the record of any enquiries or proceedings of any matter other than those refer­red to in sub-section (9) of section 149, where any decision or order has been passed by any subor­dinate officer, and no appeal lies against such decision or order, for the purpose of satisfying themselves as to the legality or propriety of any such decision or order, and as to the regularity of such proceedings. If, in any case, it appears, to the State Government or the Registrar, that any decision or order so called for should be modified, annulled or reversed, the State Government or the Registrar, as the case may be, may, after giving the persons affected thereby an opportunity of being heard, pass such orders thereon as to it or him may seem just.

(2) Under this section the revision shall lie to the State Government if the decision or order is passed by the Registrar, the Additional Registrar or a Joint Registrar, and to the Registrar if passed by any other officer.

(3) No application for revision shall be enter­tained if made after two months of the date of the communication of the decisio~ or order. The revisional authority may entertain any such appli­cation made after such period, if the applicant satisfies that he had sufficient cause for not

. making application within such period.

(4) The State Government, may, by order direct that the powers conferred on it by this section shall in such circumstances and under such condi- , tions, if any, as may be specified in the direction, be exercised also by any officer of the rank of Secretary to the Government.".

Statement of Objects and Reasons

The Maharashtra Co-operative Societies Act, 1960, (XXIV of 1961) was extended to this territory in the year 1962. In the past 15 years the Cooperative Movement has gained momentum and as many as 421 Co-operative societies are functioning in this Terri­tory presently.

2. The Act which was in force in the State of Maharashtra at the time of extension of the same to this territory has undergone major chang-es to meet the present day requirements. Though the movement has equally grown in this territory, the Act in force in this territory is still the same as it was in force in the Maharashtra State years ago.

·.3. While implementing the' Act, it is found that it requires amendments to meet the present day pro-

390 SERIES I No. 29 .-------.- ~--

blems. The present Bill seeks to bring the Act up-to-date by lncorporating therein certain amend­ments already carried out in Maharashtra state.

4. Clause 3 of the Bill seeks to insert new sec­tions 73A to 73H which deals with qualifications and other aspects concerning the members of the Managing Committee of a Co-operative Society,

5. Clause 4 of the Bill seeks to introduce a new section to empower the Registrar to appoint· an administrator for a Society in cases where the Managing Committee has not been duly elected.

6. Clause 5 of the Bill seeks to sub"t\tute Se~­tion 78 of the Act by a new Section. Under thIS Section the Registrar would be able to remoVe a single member of the Managing Committee Whf!n such a member is consistently making default In performance of his duties.

7. Clause 6 seeks to insert a new HCl'~ion .which would enable the Government to give dIrectIOn to Co-operative Societies to implement the develop­mental programme approved or undertaken by the Government.

S. Clause 9 of the Bill seeks to insert a new chapter in the Act. The provisions of thi~ chapter would regulate the election. to the. ~anagIng CO.m­mittee and officers of certaIn specifIed co-operat~ve societies. Uniformity in election procedure of maJor societies is sought to be brought.

9. The other amendments are consequential in nature.

Financial Memorandum

No financial implications are involved in the Bill.

Memorandum on Delegated Legislation

Section 144X sought to be introduced by clause 9 enables the Government to frame Rules for the pur­poses of Chapter XIA. This delegation is of normal character.

Panaji, SMT. ~HASHIKALA G. KAKODKAR

13th October, 1977. OhM MiDJister

Assembly Ha:ll, M. M. NAIK Panaji, Secretary to the Leglslatlve.

13th October, 1977. Assembly of Goa, Daman and Diu.

(Annexure to Bill No. 18 of 1977)

The Maharashtra Co·operatiye Societies IGoa, Daman and Diu Third Amendment) BiII,1977

........................................... ............................................ The Ma.h.srashtra c.o..operative Societies Ac.t. 1960 as a,.ppiied

to ... he Union terr"rtory of Goa, Damal1 -and rnu

IM.haNl,ht,. Act No. XXIV of 1961)

............................ ........................................................... 2(10) "co-operative bank" means a society registered und~r

th· - Act and doing the business of banking as defined lD cl~~se (b) of sub-section (1) of section 5 of the Banking Companies Act, 1949;

78. Supersession of .committee. - (1) If, in- the opitlion of the Registrar, the Committee of any society persistently makes default, or is negligent, in the perfo.rmance of the duties -imposed on it by this Act or the rules Q~ the bye-laws, or commits any act which is prejudicial to the interests of the society or its members, or wilfully disobeys direction$ issued by him for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by Government, or. is otherwise not functioning properly, the Registrar may after giving the committee an opportunity of stating its objections (if any). within fifteen days from the·· date of issue of notice, and after consulting the federal society to which the society is affiliated, by ord~r in writing, remove the committee; and

(a) appoint a committee, consisting of three or more members of the society, in itS place, or -

(b) appoint one or more administrators, who need not be members of the society, to manage the affairs of the society for a period (not exceeding two years) specified in the order. which period may, at the discretion of the Registrar, be ex­tended from time ,to time, so however that the total period does not exceed four years in the aggregate.

(2) The committee, 'or administrator so appointed shall,_ subject to the control of the Registrar and to such Instruotions as he may from time to time give, have power to exercise all or any of the functions of the committee or of any officer of the society, and take all such action as may be required in the interests of the society.

(2A) The Registrar may fix the remuneration payable to the administrators and any expenses of management which shall be payable out of the funds of the society within such time and at such intervals as the Registrar may fix, and if such remuneration or expenses are not paid Within such time or at such intervals~ the Registrar may dire<:t the person haVing custody of the funds of the society to pay to the admi­nistrators such remuneration and expenses in priority to any other payments (except land revenue, any arrears of land revenue or any sum recoverable from the society as arrears of land revenue) and such person shall. so far as the funds to the credit of the society allow, comply with the orders of the Registrar.

(3) If at any time during any period, or extended period referred to in sub-section (1), it appears to the Registrar, that it is no longer necessary to continue to carry on the affairs of the society as aforesaid, the Registrar,. may by an order published 1ri. the Goa, Daman and Diu Gazette, direct that the management shall tenninate; and on such order being made, the management of the society shall be handed over to a new committee duly constituted.

(4) The committee or administrator shall, at the expiry or termination of it or his tenn of office, arrange for the constitution of a new committee in accordance with the bye-laws of the society.

(5) AIl acts done or purported to be done by the com­mittee or administrator during the period the affairs of the society are carned on by the committee or administrator appointed under sub-section (1), shall be binding on the new committee .

. 95. Attachment before award. - (1) Where a dispute has been referred to the Registrar or his nominee or board of nominees under section 93 or under section 105 or where the Registrar 01' the person authorised under section 88 hears a person' against whom charges are framed under that sectIon, the Registrar or his nominee or board of nominees. or, as' the case may be, the person so authorised under section 88 if satisfied on enquiry or otherwise that a party to such dispute or against whom ,proceedin:gs are pending under section 88 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,-

(a) is about to dispose of whole or any part of his property. or

(b) is about to remove the whole o-r any part of his property from the jurisdiction of the Registrar, may, unless adequate security is furnished. direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent Civil Court. -

(2) Where the Registrar, his nominee or board of nominees or the PE!rson authorised under section 88 direct attaclunent of property under the foregOing sub--section, be shall issue a notice calling upon the person whose property is so attached

20TH OCTOBER, 1977 (ASVINA 28,1899)

to furnish security which he thinks adequate within a specified period; and if the person fails to provide the security so demanded, the Registrar or his nominee or board of nominees or, as the case may be, the person authorised under section 88 may confirm the order and after the decision in the dispute or the completion of the proceedings referred to in the fore .. going sUb-section may direct the disposal of the property so attached towards the claim if awarded.

(3') Attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property. of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree agaiilst the person whose property is so atached from applying for the, sale of the property under attachment in execution of such decree.

154. Power of State Government ana Registrar to cal! for proceecUng8 of subordinate' officers and to pass orders

"

391

thereon. - The state Government and the Registrar may call for and examine the record of any inquiry or the proceedings of any other matter of any officer subordinate to them except those referred to in sub-section (9) of section 149 for the purpose of satisfying themselves as to the legality or pro-­priety of any decision or order passed, and as to the regularity of the proceedings of such officer. If in any case, it appears to the State Government, or the Registrar, that any decision or order or proceedings so called for should be modified. annulled or reversed, the State Government or the Registrar, as the case may be, may after giving persons affected thereby an opportunity of being heard passed such order thereon as to it or him may seem just.

Assembly Hall,

Panaji,

13th October, 1977

M. M.NAIK

Secl'tary to the Legislative Assembly of Goa, Daman and Diu.

GOVT. PRINTING PRESS-GOA (lmprensa Naeional - Goa)

PRICE - Ro. 2.25!'s.