Panaji, 17th December, 2009 (Agrahayana 26, 1931) SERIES I

GOVERNMENT OF GOADepartment of Civil Supplies & Consumer

Affairs___

Notification

DCS/ENF/Rice(SD)/23/08/308

Order bearing No. S.O. 2878(E) dated 11thNovember, 2009 issued by the Ministry ofConsumer Affairs, Food and PublicDistribution, Government of India publishedin part II-Section 3(ii) of the Gazette of India(Extraordinary) dated 11th November, 2009notifying the Rice (Stock Declaration byCompanies or Firms or Individuals) Order,2009 is hereby republished for generalinformation of the public.

Sunil Masurkar, Director of Civil Supplies& Consumer Affairs ex officio Joint Secretary.

Panaji, 1st December, 2009.

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Panaji, 17th December, 2009 (Agrahayana 26, 1931) SERIES I No. 38

Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

MINISTRY OF CONSUMER AFFAIRS,FOOD AND PUBLIC DISTRIBUTION

(Department of Food and PublicDistribution)

Order

New Delhi, the 11th November, 2009

S.O. 2878(E).— In exercise of the powersconferred by section 3 of the EssentialCommodities Act, 1955 (10 of 1955), theCentral Government hereby makes thefollowing Order, namely:—

1. Short title, extent, commencement andapplication.— (1) This order may be calledthe Rice (Stock Declaration by Companies orFirms or Individuals) Order, 2009.

(2) It extends to the whole of India.

(3) It shall come into force on the date ofits publication in the Official Gazette.

INDEX

Department

1. Civil Supplies &Consumer AffairsDirector & ex officioJt. Secretary.

2. Co-operationOffice of theRegistrar of Co--operative SocietiesRegistrar & exofficio Jt. Secretary.

3. a. Finance(Debt. Manage-ment) DivisionJoint Secretary

b. —do—

4. General Admini-stration

5. Inland WaterwaysCaptain of PortsCaptain &ex officio Jt. Secy.

Notification

DCS/ENF/Rice(SD)/23/08/308

42/2/2001/TS/RCS

1-39-2001/Fin (Bud)

1/12/99/Fin (Bud-II)

23/1/87-GA & C (Vol.I)

D-12018/6/2287

Subject

Notifying the Rice (Stock Declaration byCompanies or Firms or Individuals) Order, 2009.

The Goa Co-operative Societies (1st Amendment)Rules, 2009.

Guarantees Redemption Fund Scheme.

Consolidated Sinking Fund Scheme.

Business of the Government of Goa (Allocation)(Twenty-Fifth Amendment) Rules, 2009.

Goa Ports (Amendment) Rules, 2009.

Pages

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2379

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OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 38 17TH DECEMBER, 2009

2358

(4) It shall not apply to any paddy or ricepurchased by or on behalf of the FoodCorporation of India.

2. Definitions.— In this Order, unless thecontext otherwise requires,—

(a) “Food Corporation of India” meansthe Food Corporation of India establishedunder section 3 of the Food Corporationof India Act, 1964 (37 of 1964);

(b) “Form” means a form annexed tothis Order;

(c) “rice” means mature kernels or piecesof kernels or Oryza sativa Linn, obtainedfrom paddy as raw or parboiled; and

(d) “company” means a company notifiedunder the Companies Act, 1956 (1 of 1956).

3. Return relating to purchase of rice bya Company or Firm or Individual.— (1) AnyCompany or Firm or Individual whopurchases paddy (in terms of rice) or ricein excess of 10,000 Metric Tonnes (totalpurchases made throughout the country)during the Kharif Marketing Season 2009-10(October-September), shall furnish to theSecretary, Department of Food of the Statefrom where maximum quantity has beenpurchased, a return in the “Form” asannexed to this order at such intervals asmay be specified by the Central Government.

(2) In case the purchase of paddy (interms of rice) or rice exceeds 25,000 MetricTonnes (total purchases made throughoutthe country), the return in the said “Form”at such intervals specified therein shall befurnished to the Under Secretary (Policy-III),Department of Food and Public Distribution,Room No. 288A, Krishi Bhavan, New Delhi–-110 001 (Fax No. 011-23782213,e-mail:[email protected]).

(3) The concerned State Governments withwhich the returns are filed by any Companyor Firm or Individual in said “Form” declaringpurchase of paddy (in terms of rice) or ricein excess of 10,000 Metric Tonnes shallsubmit a consolidated monthly report to theUnder Secretary (Policy-III), Department ofFood and Public Distribution by the 10th ofevery month.

[F.No.3(4)/2007-Py.III] SIRAJ HUSSAIN, Jt. Secy.

FORM

(See clause 3)

FORMAT FOR FURNISHING OF WEEKLY ORMONTHLY RETURN BY COMPANY OR FIRM

OR INDIVIDUAL REGARDING PURCHASEOF RICE

Statement as on ...................................................................

To be submitted every week by Friday 16-00hours during the period the 1st October, 2009 to31st December, 2009 and every last Friday of themonth thereafter till the 30th September, 2010.

1. Name of Company or Firm or Individual withfull postal address:

2. PAN number:

3. Cumulative quantity of Rice or Paddy purchased(in tonnes) upto ................. (State-wise details).

4. Purchased during the week or month (in tonnes)

5. Details of stocks on date:

State Location and address Quantity inof godown tonnes

Signature of authorized signatoryof Company or Firm or Individual

Place:.................................

Date: .................................

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 38 17TH DECEMBER, 2009

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Department of Co-operation

Office of the Registrar of Co-operative Societies___

Notification

42/2/2001/TS/RCS

Whereas the following draft rules which the

Government proposes to make under Section

127 of the Goa Cooperative Societies Act, 2001

(Act 36 of 2001), were pre-published in Official

Gazette, under Series I No. 32 dated 5-11-2009

under Government Notification No. 42/2/2001/

/TS/RCS/2079 inviting objections and

suggestions from the persons whose interests

are likely to be affected thereby within one

month from the date of publication of the

said Notification in the Official Gazette.

And whereas the said notification was madeavailable to the public;

And whereas no objections and suggestionswere received from the public on the said draftrules and therefore the said rules have beenconfirmed.

Now therefore, in exercise of the powersconferred by sub-section (1) of section 127of the Goa Co-operative Societies Act, 2001(Act 36 of 2001), and all other powers enablingit in this behalf, the Government of Goa herebymake the following rules, namely:—

1. Short title and commencement.— (1)These rules may be called the Goa Co-operativeSocieties (1st Amendment) Rules, 2009.

(2) They shall come into force at once.

2. Amendment to Rule 10.— In Rule 10 ofthe Goa Cooperative Societies Rules, 2003(hereinafter referred to as the “principalRules”), in sub-rule (4), after clause (c), thefollowing clause shall be inserted, namely:—

“(d) a copy of the challan/receipt of anamount of Rs. 200/- (Rupees Two hundredonly) paid towards processing fees.”.

3. Insertion of new rule 14A.— After rule 14of the Principal Rules, the following rule shallbe inserted, namely:—

“14 A. Direction by Registrar foramalgamation, transfer, division orconversion of society.— (1) Before issuingany directions under sub-section 4(A) ofsection 15 of the Act, the Registrar shallprepare a draft scheme in respect of suchamalgamation, transfer, division orconversion stating in particular the mannerin which the new Board of Directors of thesociety or societies resulting from suchamalgamation, transfer, division orconversion shall be constituted and the bye--laws which such society or societies shallfollow. The Registrar shall then consult suchfederal society as may be notified by theGovernment in Official Gazette and afterconsidering the suggestions, if any, that maybe made by such federal society, shall senda copy of the directions proposed to beissued by him under sub-section (4A) ofsection 15 of the Act, to the society or eachof the societies, as the case may be, callingupon it or them to invite objections orsuggestions from any member or class ofmembers thereof or from any creditors orclass of creditors and to submit suchobjections and suggestions together withit’s own or their own suggestions andobjections within a period of not less thantwo months from the date on which the copyof the aforesaid directions was received byit or them.

(2) The Registrar shall consider all suchsuggestions and objections and make suchmodifications in the directions as deemedfit by him and thereafter issue the same.

(3) Any member or creditor of the societywho has objected to the scheme ofamalgamation, transfer, division orconversion within the period specified insub-rule (1), may apply to the Registrar forpayment of his share or interest, if he is amember, or the amount in satisfaction of hisdues, if he is a creditor. The Registrar maynominate an officer not below the rank of a


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Deputy Registrar to investigate anddetermine the payments required to bemade to the member or creditor, as the casemay be.

(4) Subject to the provisions of the Act,the rules and the bye-laws, the Registrarmay by order, require the society concernedto meet in full or satisfy otherwise all duesof the members and creditors and thereuponthe society shall be bound to meet in full orsatisfy otherwise all dues of the membersand creditors within such time as may bespecified by the Registrar in the order.

4. Insertion of new rule 51A.— After rule 51of the Principal Rules, the following rule shallbe inserted, namely:—

“51A.— Procedure for appointment andremoval of directors, members of thecommittee etc.— (1) Notwithstandinganything contained in the bye-laws of asociety but subject to the provisions ofsection 71 of the Act, the Registrar may forreasons to be recorded by an orderpublished in the Official Gazette,—

(a) remove the Committee ofmanagement or Board of Directors of asociety and appoint a new committee ofmanagement or Board of Directors in it’splace consisting of three or moremembers of the society, to manage theaffairs of the society; or

(b) remove the committee ofmanagement or Board of Directors of asociety and appoint one or moreadministrators, who need not be membersof the society, to manage the affairs of thesociety; or

(c) remove any member of thecommittee of management or director onthe Board of Directors of a society andappoint in his place such other memberor director as he deems fit.

(2) Before making any order under sub-rule (1), the Registrar shall consult thefederal society to which the society is

affiliated and give an opportunity to thecommittee or the Board of Directors or themember or director concerned, to showcause within fifteen days from the date ofissue of notice, why such an order shouldnot be made.

(3) The member or director appointedunder clause (c) of sub-rule (1) shall holdoffice so long as the member or director inwhose place he is appointed would haveheld office, if the vacancy had not occurred.

(4) Notwithstanding anything containedin the bye-laws regarding holding of anymeeting of the society, the Registrar may,by special or general order specify theprocedure for holding meetings of theCommittee or Board of Directors appointedby him under clause (a) of sub-rule (1).

(5) Immediately after the appointment ofa new committee or Board of Directors, anadministrator or administrators appointedunder sub-rule (1), shall give the newcommittee or Board of Directors, the chargeof the property, documents and accounts ofthe society.

4. Amendment of title of CHAPTER VIII.—In CHAPTER VIII of the principal Rules, all theexisting title, the following title shall beinserted, namely:—

“Accounts, Audit, Inquiry and Inspection.”.

5. Insertion of new rule 114A.— After rule114 of the Principal Rule, the following ruleshall be inserted, namely:—

“114A. Procedure for the conduct ofinquiry and inspection.— (1) An orderauthorizing inquiry or inspection undersection 76A or section 77 of the Act shall,among other things, contain the following:—

(a) the name of the person authorisedto conduct the inquiry or inspection;

(b) the name of the society whose affairsare to be inquired into or whose booksare to be inspected;



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(c) the specific point or points on whichthe inquiry or inspection is to be made,the period within which the inquiry orinspection is to be completed and reportsubmitted to the Registrar;

(d) any other matter relating to theinquiry or inspection.

(2) A copy of every order authorizing inquiryor inspection under section 76A or section 77of the Act shall be supplied to the federalsociety or societies to which the society inrespect of which the order is issued, isaffiliated.

(3) If the inquiry or inspection cannot becompleted within the time specified in theorder referred to in sub-rule (1) the personconducting the inquiry or inspection shallsubmit a report stating the reasons for thefailure to complete the inquiry or inspectionwithin the time specified in the order and theRegistrar shall hold the inquiry or inspectionhimself or entrust it to some other person ashe deems fit, so however that the inquiry shallbe completed within a period of four monthsfrom the date of ordering the inquiry asspecified in sub-section (4) of Section 77 ofthe Act.

(4) On receipt of the order referred to in sub--rule (1), the person authorised to conduct theinquiry or inspection shall proceed to examinethe relevant books of accounts and otherdocuments in possession of the society or anyof it’s officers, agents or servants and obtainsuch information or explanation from any suchofficers, directors, agents or servants of thesociety in regard to the transaction andworking of the society as he deems necessaryfor the conduct of such inquiry or inspection.

(5) The person authorised to conduct theinquiry or inspection shall submit his reportto the Registrar, on all the points mentioned inthe order referred to in sub-rule (1). The reportshall contain his findings and the reasonstherefor supported by such documentary orother evidence as recorded by him during the

course of his inquiry or inspection. He shallalso specify in his report the costs of theinquiry or inspection together with reasonsand recommend to the Registrar the mannerin which the entire costs or a part thereof maybe apportioned amongst the parties specifiedin sub-section (1) of section 77 of the Act. TheRegistrar shall pass such order thereon as maybe considered just after giving a reasonableopportunity of being heard to the person orpersons concerned.

(6) The cost of the inquiry or inspectionapportioned by the Registrar under sub-rule(5) shall be recovered as provided in sub-rule(4) of rule 114. The Registrar may direct thatsuch costs or any part thereof shall be paidfrom the funds of the society.

6. Substitution of CHAPTER IX.— ForCHAPTER IX of the Principal Rules, thefollowing Chapter shall be substituted,namely:—

“CHAPTER IX

Disputes and Arbitration

115. Reference of dispute.— A reference ofa dispute under section 83 shall be made inwriting to the Registrar in Form “N” heretowherever necessary, the Registrar may requirethe party referring the dispute to him toproduce a certified copy of the relevantrecords on which the dispute is based andsuch other statements or records, as may berequired by him, before proceeding with theconsideration of such reference.

116. Appointment of Registrar’s nominee orboard of nominees.— (1) The Registrar may,by general or special order notified in theOfficial Gazette, appoint any person to be hisnominee for deciding disputes arising inanyone or more societies situated in such areaand for such period as may be specified in theorder.

(2) The Registrar may, by order in the OfficialGazette, appoint a Board of Nomineesconsisting of two or more nominees appointed


2362

under sub-rule (1), for deciding disputesarising in anyone or more societies withinsuch area and for such period as may bespecified in the order.

(3) Where a Board of Nominees is appointedunder sub-rule (2), one of the nominees on theboard shall be appointed by the Registrar tobe the Chairman of the Board, who shall fixthe date, time and place of hearing disputesreferred to the board and carry out thenecessary correspondence in connection withthe disposal of such disputes.

117. Procedure for hearing and decision ofdisputes.— (1) When any dispute is referredto the Registrar’s nominee or to a Board ofNominees for decision and is not decided byhim or it within two months or such furtherperiod as the Registrar may allow, the Registrarmay withdraw the dispute from the nomineeor, as the case may be, the Board of Nomineesand decide the dispute himself or refer it againto another nominee or a Board of Nomineesfor decision.

(2) The Registrar or his nominee or the Boardof Nominees shall record in English or inMarathi or in Konkani or in Hindi the evidenceof the parties to the dispute and witnesses whoattend, and upon the evidence so recorded,and upon consideration of any documentaryevidence produced by either party, a decisionin writing shall be given. Such decision shallbe pronounced either at once or on some futuredate of which due notice shall be given to theparties.

(3) Where any party duly summoned toattend the proceeding fails to appear, thedispute may be decided exparte.

(4) In deciding the dispute, where there isno unanimous decision, the opinion of themajority of the Board of Nominees shall prevail.Where the opinion of the nominees on theboard is equally divided, the opinion of theChairman of the Board shall prevail.

(5) Any award made, decision given ororder passed by the Registrar’s nominee orBoard of Nominees or a person authorised

under section 76A, shall be sent by him or bythe Chairman of the Board with all the papersand proceedings of the dispute to the Registrarwithin 15 days from the date on which it ismade, given or passed.

118. Summonses, notices and fixing of dates,place, etc. in connection with the disputes.—(1) The Registrar, his nominee, or theChairman of the Board of Nominees may issuesummonses or notices at least fifteen daysbefore the date fixed for hearing of the disputerequiring,—

(i) the attendance of the parties to thedispute and of witnesses, if any; and

(ii) the production of all books anddocuments relating to the matter in dispute.

(2) Summonses or notices issued by theRegistrar or his nominee or the Chairman ofthe Board of Nominees may be served throughany employee of the Co-operative Departmentor of Federal Society or through the Chairmanor Secretary of the society or by registered postwith acknowledgement due. Every person orsociety to whom summonses or notices aresent for service shall be bound to serve themwithin a reasonable time.

(3) The officer serving summons or noticeshall, in all cases in which summons or noticehas been served, endorse or annexe or causeto be endorsed on or annexed to, the originalsummons or notice, a return stating the timewhen, and the manner in which, the summonsor, as the case may be, notice was served andthe name and address of the person (if any)identifying the person served and witnessingthe delivery or tender of the summons or thenotice.

(4) The officer issuing the summons or noticemay examine the serving officer on oath orcause him to be so examined by officer throughwhom it is served and may make such furtherinquiry in the matter as he thinks fit and shalleither declare that the summons or, as the casemay be, notice has been duly served or orderit to be served in such manner as he thinks fit.



2363

(5) The mode of serving summonses andnotices as laid down in sub-rules (1) to (4) shallmutatis mutandis apply to the service ofsummonses or notices,—

(i) issued by the Registrar or the personauthorised by him, when acting undersection 76A or 77,

(ii) issued by an auditor, when actingunder section 74, or

(iii) issued by a liquidator, when actingunder section 95.

119. Investigation of claims and objectionsagainst any attachment.— Where any claimor objection has been preferred against theattachment of any property under section 88on the ground that such property is not liableto such attachment, the Registrar, his nomineeor Board of Nominees shall investigate intoclaim or objection and dispose it of on merits:

Provided that, no such investigation shall bemade when the Registrar or his nominee orBoard of Nominees considers that the claim orobjection is frivolous.

120. Procedure for the custody of propertyattached under section 88.— (1) Where theproperty to be attached is movable property,other than agricultural produce, in thepossession of the debtor, the attachment shallbe made by actual seizure and the attachingofficer shall keep the property in his owncustody or in the custody of one of hissubordinates, or of a Receiver, if one isappointed under sub-rule (2) and shall beresponsible for the due custody thereof:

Provided that, when the property seized issubject to speedy and natural decay, or whenthe expense of keeping it in custody is likelyto exceed it’s value, the attaching officer maysell it at once.

(2) Where it appears to the officer orderingconditional attachment under section 88 to bejust and convenient, he may appoint a

Receiver for the custody of the movableproperty attached under that section and hisduties and liabilities shall be identical withthose of a Receiver appointed under order XLin the First Schedule to the Code of CivilProcedure, 1908 (5 of 1908) or any other lawfor the time being in force.

(3)(a) Where the property to be attached isimmovable, the attachment shall be made byan order prohibiting the debtor fromtransferring or charging the property in anyway and promising all persons from taking anybenefit from such transfer or charge.

(b) The order shall be proclaimed at someplace on or adjacent to such property by beatof drum or other customary mode, and a copyof the order shall be fixed on a conspicuousplace in the village and where the propertyis land paying revenue to the Government,also in the offices of any Revenue Officer,Sub-Registrar and Village Panchayat withinthose jurisdiction the property is situated.

121. Procedure for attachment and saleof property for realization of any securitygiven by person in course of executionproceedings.— The procedure laid down inrules 120 and 123 shall mutatis mutandis applyfor attachment and sale of property for therealization of any security given by a personin the course of execution proceedings.

122. Issue of proclamation prohibitingprivate transfers of property.— The Registraror liquidator when acting under clause (a) ofsection 91 shall, at the time of signing acertificate affecting any property, issue aproclamation in Form “O” and in the case ofimmovable property shall also forward a copyof the proclamation to any Revenue Officer,Sub-Registrar and Village Panchayat withinwhose jurisdiction the property is situated,who shall cause an entry about such certificateto be made in the Record of Rights.

123. Procedure for execution of orders andawards.— (1) Every order or award passed bythe Registrar, or the person authorised by him


2364

or his nominee or Board of Nominees undersections 88 or 89 shall be forwarded by theRegistrar to the society or to the partyconcerned with instructions that the societyor, as the case may be, the party concernedshould initiate execution proceedingsforthwith according to the provisions ofsection 91.

(2) If the amount due under the award isnot forthwith recovered, or the order thereunder is not carried out, it shall be forwardedto the Registrar with an application forexecution alongwith all information requiredby the Registrar, for the issue of certificateunder section 91. The applicant shall statewhether he desires to execute the award by aCivil Court or through the appropriateauthority as provided under section 91 orthrough the Registrar as provided undersection 91D.

(3) On receipt of such application forexecution, the Registrar shall forward thesame to the proper authority for executionalongwith a certificate issued by him undersection 91 and a proclamation issued underrule 122 in the manner specified therein.

(4) Every order passed in appeal undersection 90 shall also be executed in the mannerlaid down in sub-rule (2) and (3).

124. Execution of Decrees.— (1) Any societyor creditor holding a decree (hereinafterreferred to as the “applicant”) requiring theprovisions of section 91D to be applied, shallapply to the Registrar, or an Officer mentionedin said section 91D within whose jurisdictionthe debtor resides or the property of the debtoris situated for the said purpose.

(2) Every such application shall be made inthe form specified by the Registrar and shallbe signed by the applicant and shall beaccompanied by deposit, if required, at suchscales as may be specified by a general orspecial order by the Registrar. When anapplication is submitted on behalf of a society,a copy of the resolution of the Board ofDirectors of the society authorizing the

applicant to sign the application shall alsoaccompany the application. The applicant mayindicate whether he wishes to proceed againstthe immovable property mortgaged to theapplicant or other immovable property or tosecure the attachment of movable property.

(3) On receipt of such application, or whenthe Registrar is proceeding under rule 125, thecorrectness and genuineness of theparticulars set forth in the application shall beverified with the records, if any, in the office ofthe Registrar and prepare a demand notice inwriting in duplicate in the form specified bythe Registrar, setting forth the name of thedefaulter and the amount due and forward itto the Sale Officer, appointed by the Registrar,by general or special order, to attach and sellthe property of defaulters or to execute anydecree by attachment and sale of property.

(4) Unless the applicant has expressed adesire that proceedings should be taken in aparticular order as laid down in sub-rule (2),execution shall ordinarily be taken in thefollowing manner namely:—

(i) movable property of the defaulter shallbe first proceeded against, but this shall notpreclude the immovable property beingproceeded against simultaneously in caseof necessity;

(ii) if there is no movable property, or ifthe sale proceeds of the movable property,or properties attached and sold areinsufficient to meet in full the demand of theapplicant, the immovable propertymortgaged to the applicant, or otherimmovable property belonging to thedefaulter may be proceeded against.

(5) In the seizure and sale of movableproperty, the following rules shall beobserved:—

(a) The Sale Officer shall, after givingprevious notice to the applicant, proceed tothe village or place where the defaulterresides or the property to be distrained is



2365

situated and serve a demand notice uponthe defaulter if he is present. If the amountdue together with the expenses be not atonce paid, the Sale Officer shall make thedistress and shall immediately deliver to thedefaulter a list or inventory of the propertydistrained and an intimation of place, dayand hour at which the distrained propertywill be brought to sale if the amount dueare not previously discharged. If thedefaulter is absent, the Sale Officer shallserve the demand notice on some adult malemember of his family, or on his authorisedagent, or when such service cannot beeffected, shall affix a copy of the demandnotice on some conspicuous part of hisresidence. He shall then proceed to makethe distress and shall affix the list of theproperty attached on the usual place ofresidence of the defaulter endorsing thereonthe place where the property may be lodgedor kept and an intimation of the place, dayand hour of sale.

(b) After a distress is made, the SaleOfficer may arrange for the custody of theproperty attached with the applicant orotherwise. If the Sale Officer requires theapplicant to undertake the custody of theproperty, he shall be bound to do so and anyloss incurred owing to his negligence shallbe made good by the applicant. If theattached property is live-stock, theapplicant shall be responsible for providingthe necessary food therefor. The Sale Officermay, at the instance of the defaulter or ofany person claiming an interest in suchproperty, leave it in the village or placewhere it was attached, in charge of suchdefaulter or such person, if he enters into abond in the form specified by the Registrarwith one or more sufficient sureties for theproduction of the property as and whencalled for.

(c) The distress shall be made after sunriseand before sunset and not at any other time.

(d) The distress levied shall not beexcessive, that is to say, the propertydistrained shall as nearly as possible be

proportionate to the sum due by thedefaulter together with interest and allexpenses incidental to the distraint,detention and sale.

(e) If the crops or ungathered products ofthe land belonging to a defaulter areattached, the Sale Officer may cause themto be sold when fit for reaping or gathering,or at his option may cause them to be reapedor gathered in due season and stored inproper place until sold. In the latter case,the expenses of reaping or gathering andstoring such crops or products shall bedefrayed by the owner upon his redeemingthe property or from the proceeds of the salein the event of it’s being sold.

(f) The Sale Officer shall not work thebullocks or cattle, or make use of the goodsor effects distrained, and he shall providethe necessary food for the cattle or livestock.The expenses incurred by the Sale Officerfor providing necessary food for the cattleor livestock shall be defrayed by the ownerupon his redeeming the property or from theproceeds of the sale in the event of it’s beingsold.

(g) It shall be lawful for the Sale Officer toforce open any stable, cow house, granary,godown, out house or other building and hemay also enter any dwelling house, the outerdoor of which may be open and may breakopen the door of any room in such dwellinghouse for the purpose of attaching propertybelonging to a defaulter and lodged therein,provided always that it shall not be lawfulfor the Sale Officer to break open or enterapartment in such dwelling houseappropriated for the zenana or residence ofwomen except as hereinafter provided.

(h) Where the Sale Officer may havereason to believe that the property ofdefaulter is lodged within a dwelling housethe outer door of which may be shut orwithin any apartments appropriated towomen which by custom or usage areconsidered private, the Sale Officer shall


2366

report the fact to the officer-in-charge of thenearest police station. On such report, theofficer-in-charge of the said police stationshall send a police officer to the spot in thepresence of whom the Sale Officer may forceopen the outer door of such dwelling houseor break open the door of any room withinthe house except the room appropriated towomen. The Sale Officer may also, in thepresence of a police officer, after the noticegiven for the removal of women within azenana, and after furnishing means for theirremoval in a suitable manner if they bewomen of rank, who, according to thecustoms or usage cannot appear in public,enter the zenana apartment for the purposeof distraining the defaulter’s property, if any,deposited therein but such property, iffound, shall be immediately removed fromsuch apartments after which they shall beleft free to the former occupants.

(i) The Sale Officer on the day previousto and on the day of sale cause proclamationof time and place of the intended sale to bemade by beat of drum in the village in whichthe defaulter resides and in such other placeor places as the Sale Officer may considernecessary to give due publicity to the sale.No sale shall take place until after theexpiration of the period of fifteen days fromthe date on which the sale notice has beenserved or affixed in the manner laid downin clause (a) of this sub-rule:

Provided that where the property seizedis subject to speedy and natural decay, orwhere the expenses of keeping it in custodyis likely to exceed it’s value, the Sale Officermay sell it, at any time, before the expiry ofthe said period of fifteen days, unless theamount due is sooner paid.

(j) At the appointed time, the propertyshall be put in one or more lots, as the SaleOfficer may consider advisable and shall bedisposed of to the highest bidder:

Provided that it shall be open to the SaleOfficer to decline to accept the highest bid

where the price offered appears to beunduly low or for other adequate reasons:

Provided further that, the Sale Officer may,in his discretion, adjourn the sale to aspecified day and hour recording hisreasons for such adjournment. Where thesale is so adjourned for a longer period thanseven days, a fresh proclamation underclause (i) shall be made unless the defaulterconsents to waive it.

(k) The property sold shall be paid for incash at the time of sale, or as soon thereafteras the Sale Officer shall appoint, and thepurchaser shall not be permitted to carryaway any part of the property until he haspaid for it in full. Where the purchaser failsin the payment of purchase money, theproperty shall be resold.

(l) Where the proceeds from the sale ofthe property exceeds the amount due fromthe debtor, the excess amount, afterdeducting the interest and the expenses ofprocess and other charges, shall be paid tothe defaulter.

(m) Where prior to the day fixed for sale,the defaulter or any person acting on hisbehalf or any person claiming an interest inthe property attached, pays the full amountdue including interest, batta and other costsincurred in attaching the property, the SaleOfficer shall cancel the order of attachmentand release the property forthwith.

(n) The movable properties exemptedfrom attachment by the proviso to section60 of the Code of Civil Procedure, 1908(5 of 1908) shall not be liable to attachmentor sale under these rules.

(6) Where the movable property to beattached is the salary or allowances or wagesof a public officer or a railway servant or aservant of a local authority or a firm or acompany, the Registrar or Officer mentionedin section 91D may, on receiving a report fromthe Sale Officer, order that the amount shallsubject to the provisions of section 60 of the



2367

Code of Civil Procedure 1908 (5 of 1908), bewithheld from such salary or allowances orwages either in one payment or by monthlyinstallments as the Registrar or such Officermay direct and upon the receipt of the order,the officer or the other person whose duty isto disburse such salary or allowance or wagesshall withhold and remit to the Sale Officer, theamount due under the order or the monthlyinstallment, as the case may be.

(7)(i) Where the property to be attachedconsists of the share or interest of the defaulterin movable property belonging to him andanother as co-owners, the attachment shall bemade by a notice to the defaulter, prohibitinghim from transferring the share or interest orcharging it in any way.

(ii) Where the property to be attached is anegotiable instrument not deposited in Court,nor in the custody of a public officer, theattachment shall be made by actual seizureand the instrument shall be brought to theoffice of the Officer ordering the attachmentand be held subject to his further orders.

(iii) Where the property to be attached is inthe custody of any Court or Public Officer, theattachment may be made by a notice tosuch Court or Officer, requesting that suchproperty and any interest or dividendbecoming payable thereon may be held subjectto the further demands of the Officer issuingthe notice:

Provided that, where such property is in thecustody of a Court or Recovery Officer ofanother district, any question of title or priorityarising between the applicant and any otherperson not being the defaulter claiming tobe interested in such property by virtue ofany assignment, attachment or otherwiseshall be left to be determined by suchCourt or Recovery Officer, as the case maybe.

(8)(i) Where the property to be attached isa decree either for the payment of money orfor sale in enforcement of a mortgage or charge,

the attachment shall be made, if the decreesought to be attached was passed by theRegistrar or by a nominee or Board ofNominees to whom a dispute was referred bythe Registrar under section 86, then by theorder of the Registrar.

(ii) Where the Registrar makes an orderunder clause (i), he shall, on the application ofthe applicant who has attached the decree,proceed to execute the attached decree andapply the net proceeds in satisfaction of thedecree sought to be executed.

(iii) The holder of a decree sought to be

executed by the attachment of another decree

of the nature specified in clause (i), shall be

deemed to be the representative of the holder

of the attached decree and to be entitled to

execute such attached decree in any manner

for the holder thereof.

(iv) Where the property to be attached in

execution of a decree is a decree other than a

decree of the nature referred to in clause (i),

the attachment shall be made by the issue of a

notice by the Registrar or Officer mentioned

in section 91D, to the holder of such decree,

prohibiting him from transferring or charging

the same in any way.

(v) The holder of a decree attached under

this sub-rule shall give the Officer executing

the decree such information and aid as may

reasonably be required.

(vi) On the application of the holder of a

decree sought to be executed by the

attachment of another decree, the Officer

making an order of attachment under this sub-

-rule shall give notice of such order to the

judgment debtor bound by the decree

attached; and no payment or adjustment of

the attached decree made by the judgment

debtor in contravention in such order after

receipt of notice thereof, either through the

Recovery Officer or otherwise, shall be

recognized so long as the attachment remainsin force.


2368

(9) Where the movable property to beattached is,—

(a) a debt due to the defaulter in question,

(b) a share in the capital of a corporationor a deposit invested therein, or

(c) other movable property not in thepossession of the defaulter, except propertydeposited in, or in the custody of, any CivilCourt, the attachment shall be made by awritten order signed by the Registrar or theOfficer mentioned in section 91D of the Act,prohibiting,—

(i) in the case of a debt, the creditor fromrecovering the debt and the debtor frommaking payment thereof;

(ii) in the case of a share or a deposit,the person in whose name the share orthe deposit may be standing, fromtransferring the share or deposit orreceiving any dividend or interestthereon; and

(iii) in the case of any other movableproperty, the person in possession of itfrom giving it over to the defaulter.

A copy of such order shall be sent in thecase of the debt to the debtor, in the case ofthe share or deposit, to the proper officer ofthe corporation and in the case of any othermovable property to the person in possessionof such property. As soon as the debt referredto in clause (a) or the deposit referred to inclause (b) matures, the Registrar or officermentioned in section 91D of the Act, maydirect the person concerned to pay the amountto him. Where the share is not withdrawable,the Registrar or the said Officer shall arrangefor its sale through a broker. Where the shareis withdrawable, it’s value shall be paid to theRegistrar or to the said officer or to the partyreferred to in clause (c). The person concernedshall place it in the hands of the Registrar orsaid Officer as it becomes deliverable to thedebtor.

(10) Immovable property shall not be soldin execution of a decree unless such propertyhas been previously attached:

Provided that where the decree has beenobtained on the basis of a mortgage of suchproperty, it shall not be necessary to attach it.

(11) In the attachment and sale or salewithout attachment of immovable property,the following rules shall be observed:—

(a) The application presented under sub--rule (2) shall contain a description of theimmovable property to be proceededagainst, sufficient for it’s identification andin case such property can be identified byboundaries or numbers in a record ofsettlement of survey, the specification ofsuch boundaries or numbers and thespecification of the defaulter’s share orinterest in such property to the best of thebelief of the applicant and so far as he hasbeen able to ascertain it.

(b) The demand notice issued by theRegistrar or by the Officer mentioned insection 91D under sub-rule (3) shall containthe name of the defaulter, the amount due,including the expenses, if any, and the battato be paid to the person who shall serve thedemand notice, the time allowed forpayment and in case of non-payment, theparticulars of the properties to be attachedand sold or to be sold without attachment,as the case may be. After receiving thedemand notice, the Sale Officer shall serveor cause to be served a copy of the demandnotice upon the defaulter or upon some adultmale member of his family at his usual placeof residence, or upon his authorized agentor, if such personal service is not possible,shall affix a copy thereof on someconspicuous part of the immovable propertyabout to be attached and sold or soldwithout attachment, as the case may be:

Provided that, where the Registrar orOfficer mentioned in section 91D of the Actis satisfied that defaulter with intent todefeat or delay the execution proceeding



2369

against him is about to dispose of the wholeor any part of his property, the demandnotice issued by the Registrar or said Officerunder sub-rule (3) shall not allow any timeto the defaulter for payment of the amountdue by him and the property of the defaultershall be attached forthwith.

(c) If the defaulter fails to pay the amountspecified in the demand notice within thetime allowed, the Sale Officer shall proceedto attach and sell, or sell withoutattachment, as the case may be, theimmovable property mentioned in theapplication for execution in the followingmanner.

(d) Where attachment is required beforesale, the Sale Officer shall, if possible, causea notice of attachment to be served on thedefaulter personally. Where personalservice is not possible, the notice shall beaffixed in some conspicuous part of thedefaulter’s last known residence, if any. Thefact of attachment shall also be proclaimedby beat of drum or other customary modeat some place on, or adjacent to, suchproperty and at such other place or placesas the Registrar or Officer as mentioned insection 91D of the Act may considernecessary to give due publicity to the sale.The attachment notice shall set forth thatunless the amount due with interest andexpenses be paid within the date thereinmentioned, the property will be brought tosale. A copy of attachment notice shall besent to the applicant. Where the Sale Officerso directs, the attachment shall also benotified by public proclamation in the OfficialGazette.

(e) Proclamation of sale shall be publishedby affixing a notice in the office of theRegistrar or Officer mentioned in section91D of the Act and the taluka office at leastthirty days before the date fixed for the saleand also by beat of drum in the village (ontwo consecutive days previous to the dateof sale and on the day of sale prior to thecommencement of the sale). Such

proclamation shall, where attachment isrequired before sale, be made after theattachment has been effected. Notice shallalso be given to the applicant and thedefaulter. The proclamation shall state thetime and place of sale and specify as fairlyand accurately as possible in the followingmanner:—

(i) the property to be sold;

(ii) any encumbrance to which theproperty is liable;

(iii) the amount for the recovery ofwhich sale is ordered; and

(iv) every other matter which the SaleOfficer considers material for a purchaserto know in order to judge the nature andvalue of the property.

(f) (i) When any immovable property is

sold under these rules, the sale shall be

subject to the prior encumbrances on the

property, if any. The applicant shall, when

the amount for the realization of which the

sale is held exceeds Rs. 100/-, furnish to the

Sale Officer within such time as may be fixed

by him or by the Registrar or by the Officer

mentioned in section 91D of the Act, an

encumbrance certificate from the

Registration Department for the period of not

less than twelve years prior to the date of

attachment of the property sought to be

sold, or in cases falling under the proviso to

sub-rule (10), prior to the date of the

application for execution. The time for

production of the encumbrance certificate

may be extended at the discretion of the Sale

Officer or the Registrar or Officer mentioned

in section 91D of the Act, as the case may

be, the sale shall be by public auction to the

highest bidder:

Provided that it shall be open to the SaleOfficer to decline to accept the highest bidwhere the price offered appears to beunduly low or for other adequate reasons:


2370

Provided further that the Registrar or theOfficer mentioned in section 91D of the Actor the Sale Officer may, in his discretion,adjourn the sale to a specified day and hour,recording his reason for such adjournment.Where a sale is so adjourned for the longerperiod than seven days, a fresh proclamationunder clause (e) shall be made, unless thedefaulter consents to waive it.

(ii) The sale shall be held after the expiryof not less than thirty days calculated fromthe date on which notice of the proclamationwas affixed in the office of the Registrar orsaid Officer. The time and place of the saleshall be fixed by the Registrar or said Officerand the place of sale shall be the villagewhere the property to be sold is situated orsuch adjoining prominent place of publicresort as may be fixed by the Registrar orsaid Officer:

Provided also that in cases where anencumbrance certificate is not obtainableowing to the destruction of the connectedrecords, an affidavit from the village Talathior corresponding officer in regard to theencumbrances known to him supported bya certificate from the RegistrationDepartment that the encumbrancecertificate cannot be granted owing to thedestruction of the connected records, shallbe accepted in place of an encumbrancecertificate.

(g) A sum of money equal to 15 per centof the price of the immovable property shallbe deposited by the purchaser in the handsof the Sale Officer at the time of the purchase,and in default of such deposit, the propertyshall forthwith be resold:

Provided that where the applicant is thepurchaser and is entitled to set off thepurchase money under clause (k), the SaleOfficer shall dispense with the requirementsof this clause.

(h) The remainder of the purchase moneyand the amount required for the generalstamp for the sale certificate shall be paidwithin fifteen days from the date of sale:

Provided that the time for payment of thecost of the stamp may, for good andsufficient reasons, be extended at thediscretion of the Registrar or Officermentioned in section 91D of the Act, uptothirty days from the date of sale:

Provided further that, in calculating theamounts to be paid under this clause, thepurchaser shall have the advantage of anyset off to which he may be entitled underclause (k).

(i) In default of payment within the periodmentioned in the last preceding clause (h)the deposit may, if the Registrar or suchOfficer thinks fit, af ter defraying theexpenses of the sale, be forfeited to theGovernment and the defaulting purchasershall forfeit all claims to the property or toany part of the sum for which it maysubsequently be sold.

(j)Every resale of immovable property in

default of payment of the amounts

mentioned in clause (h) within the period

allowed for such payment, shall be made

after the issue of a fresh proclamation in the

manner and for the period here in before

specified for the sale.

(k) Where an applicant purchases the

property, the purchase money and the

amount due on the decree shall be set off

against one another, and the Sale Officer

shall enter up satisfaction of the decree in

whole or in part accordingly.

(12) Where prior to the date fixed for a sale,

the defaulter or any person acting on his behalf

or any person claiming an interest in the

property sought to be sold, tenders payment

of the full amount due together with interest,

batta and other expenses incurred in bringing

the property to sale including the expenses of

attachment if any, the Sale Officer shall

forthwith release the property after cancelling,

where the property has been attached, the

order of attachment.



2371

(13) (i) Where immovable property hasbeen sold by the Sale Officer, any person eitherowing such property or holding any interesttherein by virtue of a title acquired before suchsale may apply to have the sale set aside onhis depositing with the Registrar or Officermentioned in section 91D of the Act,—

(a) for payment to the purchaser, sumequal to five percent of purchase money and

(b) for payment to the applicant, theamount of arrears specified in theproclamation of sale as that for the recoveryof which the sale was ordered together withinterest thereon and the expense ofattachment, if any, and sale and other costsdue in respect of such amount less, amountwhich may since the date of suchproclamation have been received by theapplicant.

(ii) If such deposit and application are madewithin thirty days from the date of sale, theRegistrar or Officer mentioned in section 91Dof the Act, shall pass an order setting asidethe sale and shall repay to the purchaser, thepurchase money so far as it has beendeposited, together with the 5 per cent of suchpurchase money deposited by the applicant:

Provided that, if more persons than one havemade deposit and application under thissub-rule, the application of the first depositorto the officer authorized to set aside the sale,shall be accepted.

(iii) If a person applies under sub-rule (14)to set aside the sale of immovable property,he shall not be entitled to make any applicationunder this sub-rule.

(14)(i) At any time within thirty days fromthe date of the sale of immovable property, theapplicant or any person entitled to share in arateable distribution of the assets or whoseinterests are affected by the sale, may applyto the Registrar or Officer mentioned insection 91D of the Act, to set aside the sale onthe ground of a material irregularity or mistakeor fraud in publishing or conducting it:

Provided that no sale shall be set aside onthe ground of irregularity or fraud unless theRegistrar or such Officer is satisfied that theapplicant has sustained substantial injury byreason of such irregularity, mistake or fraud.

(ii) If the application be allowed, theRegistrar or such Officer shall set aside the saleand may direct a fresh one.

(iii) On the expiration of thirty days from thedate of sale, if no application to have the saleset aside is made or if such application hasbeen made and rejected, the Registrar orOfficer mentioned in section 91D of the Act,shall make an order confirming the sale:

Provided that, if he shall have reason tobelieve that the sale ought to be set asidenotwithstanding that no such application hasbeen made or on grounds other than thosealleged in any application which has beenmade and rejected, he may, after recording hisreasons in writing, set aside the sale.

(iv) Wherever the sale of any immovableproperty is not so confirmed or is set aside,the deposit or the purchase money, as thecase may be, shall be returned to thepurchaser.

(v) After the confirmation of any such sale,the Registrar or Officer mentioned in section91D of the Act, shall grant a certificate of salebearing his seal and signature to thepurchaser, and such certificate shall statethe property sold and the name of thepurchaser.

(15) It shall be lawful for the Sale Officer tosell the whole or any portion of the immovableproperty of a defaulter in discharge of moneydue:

Provided that, so far as may be practicable,no larger section or portion of immovableproperty shall be sold than may be sufficientto discharge the amount due with interestand expenses of attachment, if any, andsale.


2372

(16) Persons employed in serving notice orin other process under these rules shall beentitled to batta at such rates as may, from timeto time, be fixed by the Recovery Officer//Registrar.

(17) Where the cost and charges incurredin connection with attachment and sale ofmovable property or the attachment and saleor sale without attachment of immovableproperty under this rule, exceeds the amountof the cost deposited by the applicant, suchexcess shall be deducted from the saleproceeds of the property sold or the moneyspaid by the defaulter, as the case may be, andthe balance shall be made available to theapplicant.

(18) Every person making a paymenttowards any money due for the recovery ofwhich application has been made under thisrule shall be entitled to a receipt for the amountsigned by the Sale Officer or other officerempowered by the Registrar or by the Officermentioned in the section 91D of the Act, in thatbehalf, such receipt shall state the name of theperson making the payment and the subjectmatter in respect of which the payment ismade.

(19)(a) Where any claim is preferred to, orany objection is made to, the attachment of anyproperty attached under this rule on theground that such property is not liable to suchattachment, the Sale Officer shall investigatethe claim or objection and dispose it of onmerits:

Provided that no such investigation shall bemade when the Sale Officer considers that theclaim or objection is frivolous.

(b) Where the property to which the claimor objection relates has been advertised forsale, the Sale Officer may postpone the salepending the investigation of the claim orobjection.

(c) Where a claim or an objection ispreferred, the party against whom an order ismade may institute a suit to establish the right

which he claims to the property in dispute,but, subject to the result of such suit, if any,the order shall be final.

(20) (i) Any deficiency of price which mayarise on a re-sale held under clause (I) ofsub-rule (II) by reason of the purchaser’sdefault, and all expenses attending such resaleshall be certified by the Sale Officer to theRegistrar or the Officer mentioned in thesection 91D of the Act, and shall, at theinstance of either the applicant or the defaulter,be recoverable from the defaulting purchaserunder the provisions of this rule. The costs, ifany, incidental to such recovery shall also beborne by the defaulting purchaser.

(ii) Where the property may on the secondsale, sell for a higher price than at the first sale,the defaulting purchaser at the first sale, shallhave no claim to the difference or increase.

(21) Where any property has been attachedin execution of a decree, but by reason of theapplicant’s default the Registrar or the Officermentioned in the section 91D of the Act, isunable to proceed further with the applicationfor execution, he shall either dismiss theapplication or for any sufficient reason adjournthe proceedings to a future date. Upon thedismissal of such application, the attachmentshall cease.

(22) Where assets are held by the SaleOfficer and before the receipt of such assets,demand notices in pursuance of applicationfor execution of decree against the samedefaulter have been received from more thanone applicant and the applicants have notobtained satisfaction, the assets afterdeducting the costs or realizations, shall berateably distributed by the Sale Officer amongall such applicants in the manner providedin section 73 of the Code of Civil Procedure,1908 (5 of 1908), or any other law for the timebeing in force.

(23) Where a defaulter dies before thedecree has been fully satisfied, an applicationunder sub-rule (1) may be made against the



2373

legal representative of the deceased andthereupon all the provisions of this rule shall,save as otherwise provided in this sub-rule,apply as if such legal representative were thedefaulter. Where the decree is executedagainst such legal representative, he shall beliable only to the extent of the property of thedeceased which has come to his hands andhas not been duly disposed of and for thepurpose of ascertaining such liability, theRegistrar or the Officer mentioned in thesection 91D of the Act, executing the decreemay, of his own motion or on the applicationof the applicant compel such legalrepresentative to produce such accounts ashe thinks fit.

125. Execution of awards or orders in specialcases.— Subject to the provisions of section 91of the Act, the Registrar, may, by an order inwriting specially authorize any officer of theCo-operative Department or any officer of afederal society or a Central Bank, on anapplication made by it, to call for and sendawards or orders obtained by any society forexecution. The society or societies in respectof which these powers are to be exercised shallbe specified in the order.

126. Transfer of property which cannot besold.— (1)When in execution of an ordersought to be executed under section 91 of theAct, any property cannot be sold for want ofbuyers, if such property is in the possession ofthe defaulter or of some person on his behalfor of some person claiming it under a titlecreated by the defaulter subsequent to theissue of the certificate by the Registrar orLiquidator under clause (a) or (b) of the saidsection, the officer conducting the executionshall as soon as practicable report the fact tothe Court or the appropriate authority or theRegistrar, as the case may be, and the societyapplying for the execution of the said order.

(2) On receipt of the report under sub-rule(1), the society may, within six months fromthe date of the receipt of the report or withinsuch further period as may for sufficientreasons be allowed in any particular case by

the Court or the appropriate authority or theRegistrar, submit an application in writing tothe Court, appropriate authority or theRegistrar, as the case may be, stating whetheror not it agrees to take over such property.

(3) On receipt of an application undersub-rule (2), notices shall be issued to thedefaulter and to all persons known to beinterested in the property, including thosewhose names appear in the Record of Rightsas persons holding any interest in the propertyabout the intended transfer.

(4) On receipt of such a notice the defaulter,or any person owing such property, or holdingan interest therein by virtue of a title acquiredbefore the date of issue of a certificate undersection 91 of the Act, may within one monthfrom the date of the receipt of such notice,deposit with the Court or the appropriateauthority or the Registrar, for payment to thesociety a sum equal to the amount due underthe order sought to be executed together withinterest thereon and such additional sum forpayment of costs and other incidentalexpenses as may be determined in this behalfby the Court or the appropriate authority orthe Registrar, as the case may be.

(5) On failure of the defaulter, or any personinterested or any person holding any interestin the property, to deposit the amount undersub-rule (4), the Court or the appropriateauthority or the Registrar, as the case may be,shall direct the property to be transferred tothe society on the conditions stated in thecertificate issued in Form “P”.

(6) The certificate granted under sub-rule(5) shall state whether the property istransferred to the society in full or partialsatisfaction of the amount due to it from thedefaulter.

(7) If the property is transferred to thesociety in partial satisfaction of the amount dueto it from the defaulter, the Court or theappropriate authority or the Registrar, as thecase may be, shall, on the production by the


2374

society of a certificate signed by the Registrar,recover the balance due to the society in themanner laid down in section 91.

(8) The transfer of the property undersub-rule (5) shall be effected as follows:—

(i) in the case of movable property,—

(a) Where the property is in possessionof the defaulter himself or has been takenpossession of on behalf of the Court or theappropriate authority or the Registrar, itshall be delivered to the society;

(b) Where the property is in possessionof some person on behalf of the defaulter,the delivery thereof shall be made bygiving notice to the person in possessiondirecting him to give actual peacefulpossession of the property to any otherperson;

(c) The property shall be delivered to aperson authorised by the society to takepossession on behalf of the society.

(ii) in the case of immovable property,—

(a) Where the property is growing orstanding crop, it may be delivered to thesociety before it is cut and gathered andthe society shall be entitled to enter onthe land and to do all that is necessaryfor the purpose of tending and cutting andgathering it.

(b) Where the property is in thepossession of the defaulter or of someperson on his behalf or some personclaiming under a title created by adefaulter subsequent to the issue of acertificate under section 91 of the Act, theCourt or the appropriate authority or theRegistrar, as the case may be, shall orderdelivery to be made by putting the societyor any person whom the society mayappoint to receive delivery on its behalfin actual possession of the property andif need be by removing any person whoillegally refuses to vacate the same.

(c) Where the property is in thepossession of a tenant or other person

entitled to hold the same by a titleacquired before the date of issue of acertificate under section 91 of the Act, theCourt or the appropriate authority or theRegistrar, as the case may be, shall orderdelivery to be made by affixing a copy ofthe certificate of transfer of the propertyto the society in some conspicuous placeon the property and proclaiming to suchperson by beat of drum or othercustomary mode at some convenientplace, that the interest of the defaulter hasbeen transferred to the society.

(9) The society shall be required to payexpenses incidental to sale including the costof maintenance of live stock, if any, accordingto such scale as may be fixed by the Registrarfrom time to time.

(10) Where land is transferred to the societyunder sub-clause (a) of clause (ii) of sub-rule (8)before a growing or standing crop is cut andgathered, the society shall be liable to pay thecurrent year’s land revenue on the land.

(11) The society shall forthwith report anytransfer of property under sub-clause (b) or(c) of clause (ii) of sub-rule (8) to the authorityto be specified by the Registrar for informationand entry in the Record of Rights.

(12) The society to which property istransferred under sub-rule (5), shall maintainfor each such defaulter a separate accountshowing all the expenses incurred includingpayment to outside encumbrances, landrevenue and other dues on the property andall the income derived from it.

(13) The society to which property istransferred under sub-rule (5), shall use it’sbest endeavour to sell the property as soon aspracticable to the best advantages of thesociety as well as that of the defaulter, the firstoption being always given to the defaulter whooriginally owned the property.

(14) The sale under sub-rule (13), shall besubject to confirmation by the Registrar. Theproceeds of the sale shall be applied todefraying the expenses of the sale and otherexpenses incurred by the society and referred



2375

to in sub-rules (9) and (12) and to the paymentof the arrears due by the defaulter under theorder in execution, and the surplus (if any),shall then be paid to the defaulter.

(15) Until the property is sold, the societyto which the property is transferred undersub-rule (5) shall use it’s best endeavours tolease it or to make any other use that can bemade of it so as to derive the largest possibleincome from the property.

(16) When the society to which property istransferred under sub-rule (5) has realized allits dues, under the order in execution of whichthe property was transferred, from theproceeds of management of the property, theproperty, if unsold, shall be restored to thedefaulter.

126A. Payment of expenses of decision ofdispute.— (1) Where the dispute has beenreferred to the Registrar or his nominee or theBoard of Nominees under section 86 of the Act,the Registrar may require the party or partiesto the dispute to deposit such sum as may inhis opinion be necessary to meet the expensesincluding payment of fees to the Registrar orhis nominee or the Board of Nominees.

(2) The Registrar or his nominee or the Boardof Nominees shall have the power to order, thefees and expenses of determining the disputes,to be paid by the society out of it’s funds or bysuch party or parties to the dispute, as he or itmay think fit, according to the scale laid downby the Registrar, after taking into account theamount deposited under sub-rule (1).

(3) The Registrar may by general or specialorder specify the scale of fees and expensesto be paid to him or to his nominee or the Boardof Nominees.”.

7. Amendment of Forms.— In the principalrules,—

(i) in Form “N”, for the expression“BEFORE THE CO-OPERATIVEAUTHORITY (place)”, the expression“BEFORE THE REGISTRAR” shall besubstituted.

(ii) for Form “O”, the following form shallbe inserted namely:—

FORM “O”

[See rule 123 (2)]

Application for execution of award/order

BEFORE THE REGISTRAR OF CO-OPERATIVESOCIETIES (place)

I/We ...................................................., award/orderholder, hereby apply for execution of the award/orderhereinbelow set forth:

(1) Number of the case:

(2) Names of the parties: Disputant

(3) Names of the parties: Opponent

(4) Date of the award/order

(5) Whether any appeal has been preferred from theaward/order.

(6) Whether any, and (if any), what payment or otheradjustment of the matter in controversy has beenmade between the parties subsequent to theaward/order.

(7) Whether any, and (if any), what previousapplications have been made for the executionof the award/order, the dates of such applicationsand their results.

(8) The amount with interest (if any) due upon theaward/order, or other relief granted thereby,whether passed before or after the date of theaward/order sought to be executed.

(9) The amount of the costs (if any) awarded.

(10) The name of the person against whom executionof the award/order is sought, and

(11) The mode in which the assistance of the Co-ope-rative Authority is required, whether:—

(a) by the delivery of any property specificallydecreed;

(b) by the attachment, or by the attachment andsale, or by the sale without attachment, ofany property;

(c) by the appointment of a receiver;

(d) otherwise as the nature of the relief grantedmay require.


2376

Examples:-

(1) When attachment and sale of movable propertyis sought —

I/We ......................................................., pray that the

total amount of Rs. ........................... (together with

interest on the principal sum upto date of payment)

and the costs of taking out this execution, be realised

by attachment and sale of the opponent’s movable

property as per annexed list and paid to me/us.

(2) When attachment and sale of immovableproperty is sought —

I/We ......................................................., pray that the

total amount of Rs. ......................... (together with

interest on the principal sum upto date of payment)

and the costs of taking out this execution, be realised

by the attachment and sale of the opponent’s

immovable property specified at the foot of this

application and paid to me/us.

(3) In case of other reliefs granted in the award//order, as per nature of the relief granted.

I/We ........................................ (through the office

bearer), declare that what is stated herein is true to

the best of my/our knowledge and belief.

Place:

Date: Signed ...................... award/decree holder

(iii) in Form “P”,— (a) for the figures “125(5)” and“125”, the figures “126” shall be substituted;

(b) for the words “Co-operative Authority”–,wherever they occur, the word “Registrar” shall be

substituted.

By order and in the name of the Governorof Goa.

Swapnil Naik, Registrar of Co-op. Societies& ex officio Jt. Secretary.

Panaji, 8th December, 2009.

Department of Finance

Debt Management Division___

Notification

1-39-2001/Fin (Bud)

Subject: Scheme for Constitution andAdministration of the GuaranteesRedemption Fund of Governmentof Goa.

The following scheme for Constitution andAdministration of the Guarantees RedemptionFund of Government of Goa is herebypublished for general information of thepublic.

Anupam Kishore, Joint Secretary, Finance(DMU).

Porvorim, 9th December, 2009.__________

SCHEME FOR CONSTITUTION ANDADMINISTRATION OF THE GUARANTEESREDEMPTION FUND OF GOVERNMENT

OF GOA

1.Title of the Scheme.— The Scheme shall

be called ‘Guarantees Redemption Fund

Scheme’ (hereinafter referred to as ‘the

Fund’).

2. Constitution of the Fund.— A

“Guarantees Redemption Fund” shall be

constituted by the Government of Goa

(hereinafter called the Government) for

meeting its obligations arising out of the

Guarantees issued on behalf of State level

bodies. The Fund shall be constituted in the

Public Account and classified under the Head

“8235 — General and Other Reserve Funds,

117 — Guarantees Redemption” in the

accounts of the Government.

3. Objective of the Scheme.— The Fund

shall be utilised for meeting the payment

obligations arising out of the guarantees



2377

issued by the Government in respect of bonds

issued and other borrowings by the State

Level Undertakings or other bodies and

invoked by the ‘beneficiaries’.

Explanation.— (a) The accumulations inthe Fund shall be utilised only towards thepayment of the guarantees issued by theGovernment and invoked by the beneficiaryand not paid by the institution on whosebehalf guarantee was issued:

Provided that the net incremental annualinvestment of States (i.e. outstanding balanceover and above the level in the correspondingperiod of the previous year) shall be eligiblefor availing Special ways and means advances(Special WMA) from the Reserve Bank of India(hereinafter referred to as the Bank) such thatthe availment of Special WMA under thisprovision does not exceed the Normal WMAlimit fixed by the Bank.

4. Commencement of the Operation of thescheme.— It shall come into force with effectfrom the financial year 2006-07...... .

5. Contributions to the Fund.— (a) TheFund shall be set up by the Government withan initial contribution of Rs. 5.00 croredetermined on the basis of guaranteesinvoked during the preceding 3 to 5 years.The balance in the Fund shall be increasedwith contributions made annually or at lesserintervals, so as to reach the level deemedsufficient to meet the amount of anticipatedguarantees devolving on the Government asa result of the likely invocation of outstandingguarantees in the succeeding 5 years.

(b) During each year the Government shallcontribute an amount equivalent at least to1/5th of the outstanding invoked guaranteesplus an amount of guarantees likely to beinvoked as a result of the incrementalguarantees issued during the year.

(c) It is open to the Government toincrease the contributions to the Fund at itsdiscretion.

In order to enable transfer of the totalamount of contribution to the Fund, theGovernment would make suitable Budgetprovision on the expenditure side of theirbudget under the head “2048.—Appropriation for reduction or avoidance ofDebt (Charged), 101 — Sinking Fund, 02 —Guarantee Redemption Fund, 32 —Contributions (Charged ) –Relief on Accountof Guarantees Invoked – GuaranteesRedemption Fund -Transfer to Reserve Fundand Deposit Accounts – GuaranteesRedemption Fund”.

(d) The Government shall not fund itscontribution to the Fund out of borrowingsfrom the Bank.

6. Relationship of the Fund with GeneralRevenues/Public Account.— (a) The corpusof the Fund comprises an initial amountdemarcated by the Government, annual orother contributions made by the Governmentthereto as also periodic accretions by way ofGuarantee Commission collected from theinstitutions in respect of whose bonds//obligations, the Government had issued theguarantee, in addition to the income accruingto the Fund.

(b) The Fund shall be kept outside theGeneral Revenues of the Government andshall be utilised only in the mannerprescribed in this Scheme.

7. Administration of the Fund.— The Fundshall be administered by Central AccountsSection of the Reserve Bank of India atNagpur (hereinafter referred to as the Bank)subject to such directions/instructions as theGovernment may issue from time to time.

8. Investment of the corpus of the Fund.—The accretions to the Fund shall be investedin Government of India Securities of suchmaturities as the Bank may determine fromtime to time in consultation with theGovernment. The Bank shall make availablethe securities for investment either from itsown investment portfolio or by acquiring the


2378

securities from the secondary market, withoutloading any charge other than that indicatedin paragraph 11.

9. Accounting of Transactions.— (a) Theresponsibility for the administration of theFund will rest with the Government. TheGovernment will decide all matters connectedwith the investment of the corpus of the Fund,reinvestment/disinvestment, obligations andapplication of the Fund, etc.

(b) The Government will, from time to time,issue instructions to the Bank. The Bank willimmediately arrange to make the necessaryinvestment. The Bank would scroll to theGovernment the debit on account of theinvestment and other incidental charges likebrokerage, commission etc. in the usualcourse. However, in order to ensure that theinvestment transactions of the Fund do notget mixed up with other transactions, thesemay be indicated distinctly in separate scrolls.

(c) On receipt of the scrolls the investmenttransactions would be accounted for underthe Head “8235 — General and Other ReserveFunds, 117 — Guarantee Redemption FundInvestment Account”. However, the incidentalcharges like brokerage, commission etc. shallbe accounted for as a charge on the Fund.

(d) The Bank will arrange to collect interest

on these securities and credit the same to

the Fund on due date. Further, these would

require to be invested as in the case of the

contributions by the Government i.e. in

accordance with the investment norms

prescribed in para 8 above. On maturity of

the securities, the proceeds will be collected

and credited to the account of the

Government or reinvested on the basis of

instructions received from the Government

i.e. in accordance with the pattern outlined

in para 8 intra. As in the case of the debit

scrolls, the Bank shall use separate scrolls,

for the receipts.

(e) On receipt of instructions from theGovernment, the Bank will arrange to sell the

securities at the ruling price through itsMumbai office and credit the amount realized,less incidental charges, to the account of theGovernment.

(f) The receipts on account of maturity orsale of the securities would be taken to theaccount of the “Guarantees Redemption FundInvestment Account”. The incidental chargeson sale would be charged on the Fund.

(g) The provision for expenditure onaccount of the Guarantees Redemption willbe made in the budget of the Governmentunder the relevant heads. Only the actualamount of guarantee redemption expenditureshall be brought in account under the Head“-Relief on account of Guarantees invoked”—Guarantees Redemption Fund.

(h) The Bank shall arrange to redeem thesecurities on maturity. In case of prematuredisinvestment to meet the liability on accountof the claims to be paid, the Bank shall decideon the securities to be encashed inconsultation with the Government and sellthe securities at the ruling price and creditthe amount realised, less incidental charges,to the Fund.

(i) The Government will pay the Bank, acommission at the rate determined by theBank in consultation with the Government.These charges shall also be borne by the Fundas in the case of the charges indicated inparas 11 and 9. The loss or gain on the saleof securities shall also be taken to the Accountof the Fund.

Explanation.— (a) The debit to Governmenton account of such withdrawal will beaccounted under the major head. Onthe maturity of the loan the balanceoutstanding under the head (sub-headGuarantee Redemption Fund) is credited tothe head (Miscellaneous GovernmentAccount) Ledger Balance AdjustmentAccount.

(b) The Bank would scroll to theGovernment the debit on account of



2379

investment less the incidental charges in theusual course. However, in order to ensurethat the investment transactions of the Funddo not get mixed up with other transactions,these will be indicated distinctly in separatescrolls.

(c) The Bank will arrange to collect intereston the investments and credit the same tothe Fund on the due dates.

(d) On the maturity of the securities, theBank will arrange to redeem the securitiesand in case of premature disinvestment, tosell the securities at the ruling price and creditthe amount realized, less incidental charges,to the Guarantees Redemption FundInvestment Account. As in the case of debitscrolls, the Bank shall use separate scrollsfor the receipts.

(e) The provision for expenditure onaccount of the periodic contributions will bemade in the Budget of the Government underthe relevant head. The extent of expenditureto be financed from the Fund shall bewithdrawn from the Fund by the disposal ofthe investment.

10. Functions of the Bank managing theFund.— (a) The Bank will be guided by thedirections of the Government in all mattersconcerning the investment/reinvestment/dis-investment/reallocation/withdrawals time totime of the Fund and will act accordingly.

(b) The Bank would arrange to raise a debitto the account of the Government maintainedwith it as per the schedule of contributionsset out in paragraph 5.

(c) The contributions to the Fund shall beinvested by the Bank in GovernmentSecurities as indicated in paragraph 8. Theperiodic accretion to the Fund by way ofguarantee commission, contributions by theGovernment and interest income shallalso be invested by the Bank in a similarmanner.

(d) The withdrawals may be made fromout of the balance accumulated in the Fund

up to the date towards the redemption of theguarantees invoked and to be paid by theGovernment, as per its directions.

(e) The Bank will submit periodicalstatement of balances/advices regarding thechanges therein in consultation with theGovernment.

11. Services charges for administration of theFund.— The Government will pay to Bank acommission at the rate of 1/8 per cent of oneper cent of the turnover of the Fund or at therate to be mutually decided from time to time.

12. Account and Audit.— The accounts ofthe Fund and the investments shall bemaintained by the Accountant General of theState in the normal course. The concernedDepartment of the Government will maintainsubsidiary accounts in such manner anddetail as may be considered by theGovernment in consultation with theAccountant General.

13. Savings.— The Government shall issueinstructions relating to the provisions of theScheme as may be considered from time totime to enable smooth functioning of theScheme. In case of any difficulty in theoperation of any provision of the Scheme, theGovernment may, if satisfied, relax theprovisions.

___________

Notification

1/12/99/Fin (Bud II)

Subject: Scheme for Constitution andAdministration of the Conso-lidated Sinking Fund ofGovernment of Goa.

The following scheme for Constitution andAdministration of the Consolidated SinkingFund of Government of Goa is herebypublished for general information of public.

Anupam Kishore, Joint Secretary, Finance(DMU).

Porvorim, 9th December, 2009.


2380

SCHEME FOR CONSTITUTION ANDADMINISTRATION OF THE CONSOLIDATED

SINKING FUND OF GOVERNMENTOF GOA

1. Title of the Scheme.— The Scheme shallbe called ‘Consolidated Sinking Fund Scheme’(hereinafter referred to as ‘the Fund’) of theGovernment of Goa (hereinafter referred toas ‘the Government’).

2. Constitution of the Fund.— The Fundwill be constituted by the Government of Goafor redeeming its outstanding liabilities.

3. Objective of the Scheme.— The Fund isto be utilized as an Amortization Fund forredemption of the outstanding liabilities of theGovernment commencing from the financialyear 2011-12 ...... .

4. Commencement of the Operation of theScheme.— The Fund shall come into forcewith effect from the financial year 2006-07.

Explanation.— (a) The Fund shallsubstitute the extant CSF scheme adoptedby the Government.

(b) The outstanding balances of the extantCSF Scheme as at end-March 2006 shall betransferred to the Fund.

(c) The interest accrued and accumulatedin the Fund only shall be utilised towards theredemption of the outstanding liabilities of theGovernment as hereinafter provided.

(d) The Fund shall not be utilised for anypurpose other than redemption of theoutstanding liabilities of the Government:

Provided that the net incremental annualinvestment of States (i.e. outstanding balanceover and above the level in the correspondingperiod of the previous year) shall be eligiblefor availing Special WMA such that theavailment of Special WMA under thisprovision does not exceed the Normal WMAlimit.

(e) The outstanding liabilities are definedto comprise of internal debt and publicaccount liabilities of the Government.

5. Contributions to the Fund .— TheGovernment may contribute to the Fund on amodest scale of at least 0.5 per cent of theoutstanding liabilities as at the end of theprevious year beginning with the financialyear 2006-07. The Government shall makeefforts to raise the minimum contributionevery year. There is no ceiling on suchcontributions to the Fund in terms of numberof times of making contributions in a year. Itis open to the Government to invest in theFund from the General Revenue at any timeor from other sources such as disinvestmentproceeds to the Fund, at its discretion. TheGovernment shall not fund its contribution tothe Fund out of borrowings from the ReserveBank.

6. Relationship of the Fund with GeneralRevenues.— The corpus of the Fundcomprising the periodic contributions as wellas the income accruing to the Fund shall bekept outside the General Revenue of theGovernment. The Fund shall be utilised inthe manner prescribed in this Scheme.

7. Administration of the Fund.— The Fundshall be administered by Central AccountsSection of the Reserve Bank of India atNagpur (hereinafter referred to as the Bank),subject to such directions/instructions as theGovernment may issue from time to time.

8. Investment of the corpus of the Fund.—The accretions to the Fund shall be investedin Government of India Securities of suchmaturities as the Bank may determine fromtime to time in consultation with theGovernment.

Explanation.— (a) The accretions to theFund shall include the periodic contributionsand the income accruing to the Fund frominvestment thereof.

(b) The Bank will make available thesecurities for investment either from its own



2381

investment portfolio or by acquiring thesecurities from the secondary market, withoutloading any charge other than that indicatedin paragraph 10.

9. Account Transactions.— (a) The Bankwould arrange to raise a debit to the accountof the Government maintained with it as perthe advice of the Government.

(b) The contributions to the Fund shall beinvested by the Bank in Government of IndiaSecurities as indicated in paragraph 8 inmultiples of Rs.10,000/-.

(c) The periodic accretion to the Fund byway of interest income shall be reinvestedby the Bank in a similar manner, in multiplesof Rs. 10,000/-.

(d) The investments held in the Fund andmaturing during currency of the scheme shallbe reinvested in accordance with paragraph8.

(e) No withdrawals will be allowed fromthe Fund until 2010-2011:

Provided that States that have already setup the Fund under the earlier Scheme maywithdraw an amount in a year after thelock-in period stipulated in the earlierscheme. The amount shall not exceed theamount of redemption due for that year inrespect of open market borrowings.

Explanation.— (a) Withdrawals may beallowed in the financial year 2011-12 fromout of the interest income accrued andaccumulated in the Fund up to the financialyear 2010-11 towards the redemption of theoutstanding liabilities of the Government asper its directions. Similarly, withdrawals maybe allowed in the financial year 2012-13 fromout of the interest income accrued andaccumulated in the Fund up to the financialyear 2011-2012 towards the redemption of theoutstanding liabilities of the Government asper its directions and so on.

(b) The contribution forming the corpus ofthe Fund shall remain intact, until substantial

amount is built up. A review thereof may betaken at an appropriate period from 2011--2012.

(c) The debit to Government on account ofthe periodic instalments will be accountedunder the major head 8222 (Reserve Funds).On the maturity of the loan, the balanceoutstanding under the head 8222 (sub-headSinking Fund) is credited to the head 8660(Miscellaneous Government Account) LedgerBalance Adjustment Account.

(d) The Bank shall scroll to the Governmentthe debit on account of investment less theincidental charges in the usual course.However, in order to ensure that theinvestment transactions of the Fund do notget mixed up with other transactions, thesewill be indicated distinctly in separate scrolls.

(e) The Bank shall arrange to collect intereston the investments and credit the same tothe Fund on the due dates.

(f) On the maturity of the securities, theBank shall arrange to redeem the securities.In case of premature disinvestment to meetthe liability on account of the claims to bepaid, the Bank will decide on the securitiesto be encashed in consultation with theGovernment and sell the securities at theruling price and credit the amount realised,less incidental charges to the Fund. As in thecase of debit scrolls, the Bank shall useseparate scrolls for the receipts.

(g) The provision for expenditure onaccount of the periodic contributions shall bemade in the Budget of the Government underthe relevant head. The extent of expenditureto be financed from the Fund shall bewithdrawn from the Fund by the disposal ofthe investment.

(h) The Bank shall open a Current Accountand Subsidiary General Ledger Account inthe name of the Fund and furnish to theGovernment as at the end of September andMarch each year, a statement showing thedetails of investments.


2382

10. Service charges for administration ofthe Fund.— The Government shall pay to theBank a commission at the rate of 1/8 per centof one per cent on the turnover of the Fundor at the rate to be mutually decided fromtime to time.

11. Accounts and Audit.— The accounts ofthe Fund and the investments shall bemaintained by the Accountant General of theState in the normal course. The Bank willmaintain subsidiary accounts in such mannerand details as may be considered by theGovernment in consultation with theAccountant General.

12. Savings.— The Government shall issueinstructions relating to the provisions of theScheme as may be considered from time totime to enable smooth functioning of thescheme. In case of any difficulty in theoperation of any provision of Scheme, theGovernment may, if satisfied, relax the.

——— ———

Department of General Administration___

Notification

23/1/87-GA & C(Vol. I)

In exercise of the powers conferred byArticle 166 of the Constitution of India andall other powers enabling him in this behalf,the Governor of Goa hereby makes thefollowing rules so as to further amend theBusiness of the Government of Goa(Allocation) Rules, 1987, as follows, namely:—

1. Short title and commencement.— (1)These rules may be called the Business ofthe Government of Goa (Allocation) (Twenty-fifth Amendment) Rules, 2009.


2. Amendment of Schedule.— In theSchedule appended to the Business of theGovernment of Goa (Allocation) Rules, 1987,—

(i) at serial number 8, under the heading“Department of Finance” for the items (I), (II)& (III) the following entry shall be substituted,namely:—

“I. Finance (Budget) Division(a) Budget.

(b) Revenue Resources.

(c) Contingency Fund.

(d) Business Advisory Committee.

(e) GFR/PLA/Permanent Advances.

(f) Cash Management.

(g) Performance Budget.

(h) All Financial Rules/Goa Delegationof Financial Powers Rules (GDFPRs).

(i) Centrally Sponsored Schemes.

(j) All matters related to CentralPlanning Commission.

(k) Financial concurrence in servicematters, MOU and contracts.

(l) Convention Centre.

II. Finance (Audit) Division

(a) Public Accounts Committee.

(b) Committee on Public Undertakings.

(c) CAG Reports.

(d) Finance Accounts.

(e) Appropriation Accounts.

(f) Inspection/Audit Reports onaccounting procedure for PAC/COPU.

(g) Vetting of ATNs on audit paras ofall Departments.

(h) Monitoring of audit/inspectionparas.

(i) Follow up on the matter of auditwith O/o Accountant General of Goa.

(j) All matters/correspondencepertaining to Accountant General, Goa.

III. Finance (Debt Management/InstitutionalFinance) Division

(a) Debt Management.

(b) R.B.I. Matters/Institutional Finance.



2383

(c) SLR Borrowings.

(d) Central Finance Commission.

(e) Guarantee Redemption Fund.

(f) External Assistance/ExternallyAided Projects.

(g) Bond Issues/Negotiated Loans.

(h) Consolidated Sinking Fund.

(i) Investment in PSUs, Co-op.Societies, etc.

(j) Voluntary Retirement Scheme (VRS)

(k) Credit Ratings.

(l) Economic Development CorporationLtd. and its Subsidiaries.

(m) Goa State Infrastructure Develop-ment Corporation Ltd.

(n) Pension Fund.

(o) Government Guarantees.

(p) Fiscal Responsibility and BudgetManagement Act, 2006.

(q) HBA to Government employees.

(r) Money Lenders Act and Rules.

(s) Bureau of Public Sector Enterprises.

(i) Matters relating to issue ofdirectives guidelines to Public SectorEnterprises.

(ii) Formulation of Policy guidelinespertaining to Public Sector Enterprisesin areas like performance improvementand evaluation, financial management,personnel management, boardstructures, wage settlement, training,industrial relation, vigilance perfor-mance appraisal.

(iii) Matters relating to reservationof posts in Public Sector Enterprisesfor certain classes of citizens.

(iv) All matters relating toMemorandum of Understandingbetween the Public Sector Enterprisesand the Administrative Departments.

(v) Matters relating to delegation ofpowers of the Board of Directors.

(vi) Studies in respect of significantareas of functioning of Central PublicSector Enterprises.

(vii) Matters relating to StandingConference of Public Enterprise(SCOPE).

(viii) To monitor and evaluate theperformance of Public Enterprises.

and to act as a repository and to bringout an Annual Survey for theLegislative Assembly.

(ix) Permanent machinery ofArbitrators for settlement of disputesamong Public Sector Enterprise andGovernment Departments, exceptdisputes relating to tax matters.

(x) Appraisal of proposal fromdifferent administrative Departmentspertaining to re-structuring, revival,joint ventures, etc.

IV. Finance (Revenue and Control) Division

(a) Pay Commission.

(b) Pension matters.

(c) All matters relating to counting ofpast service.

(d) Commercial Tax.

(e) Entertainment Tax/Luxury Tax.

(f) VAT related issues.

(g) Excise.

(h) Directorate of Small Savings andState Lotteries.

(i) Creation/revival of posts.

(j) All matters relating to equation ofposts and revision of pay scales, dailywages, etc.

(k) Purchase of vehicles.

(l) Chit Fund.

V. Finance (Expenditure) Division

(a) Goa State Works Advisory Board(GSWB).

(b) Expenditure Finance Committee(EFC).


2384

(c) Financial scrutiny (original andrevised), concurrence to schemes//proposals pertaining to Public Works,Electricity, Water Resources and otherDepartments.

(d) Drawal of A.C. Bills.

(e) Guidelines for purchase of vehiclesfor official use.

(f) Receipts and Payments Rules, 1997.

(g) Concurrence to pattern of assi-stance for grant-in-aid.

(h) All matters related to FRs, SRs,Leave Rules, TA Rules, GFRs, GPF, LTC,etc.

(i) Group Insurance Scheme/GPF/CPF,TA/DA, ADA, Bonus, etc.

(ii) at serial No. 12, under theheading “Department of GeneralAdministration” the following shall beinserted, namely:—

“(y) Administrative Department forGoa Sadan, New Delhi”.

(iii) at serial No. 28 under theheading Department of Personnelunder item (b) after sub-item (ii).

(a) the following sub-item shall beinserted, namely:—

“(iia) Appointment for Group ‘A’Gazetted posts under ‘GoaGeneral Service’ Cadre”

(b) item (u) shall be omitted.

(iv) after serial number 48, thefollowing shall be inserted, namely:—

“49. Department of Public Grievances:

(a) Setting up of machinery forredressal of Public Grievances”.

(v) after serial number 49, thefollowing shall be inserted, namely:—

“50. State Electrical Inspectorate”.

(a) powers, duties and functions of aChief Electrical Inspector, ElectricalInspector under the Electricity Act, 2003and the Rules as framed thereunder.

(b) All statutory functions under theElectricity Act, 2003 and Rules framedthereunder and under the IndianElectricity Rules, 1956, etc.


Hanumant T. Toraskar, Under Secretary(GA-II).

Porvorim, 10th December, 2009.

——— ———

Department of Inland Waterways

Captain of Ports___

Notification

D-12018/6/2287

The following draft rules which are

proposed to be made so as to further amend

the Goa, Daman and Diu Ports Rules, 1983,

are hereby pre-published as required by

sub-section (2) of section 6 of the Indian

Ports Act, 1908 (Central Act 15 of 1908), for

information of the persons likely to be affected

thereby and notice is hereby given that the

said draft rules will be taken into

consideration by the Government on the

expiry of fifteen days from the date of

publication of this Notification in the Official

Gazette.

All objections and suggestions to the saiddraft rules may be forwarded to the Captainof Ports and ex officio Joint Secretary to theGovernment of Goa, Captain of PortsDepartment, Panaji, before the expiry of thesaid period of fifteen days from the date ofpublication of this Notification in the OfficialGazette.



2385

DRAFT RULES

In exercise of the powers conferred bysections 6 and 35 of the Indian Ports Act,1908 (Central Act 15 of 1908), and all otherpowers enabling it in this behalf, theGovernment of Goa hereby makes thefollowing rules so as to further amend theGoa, Daman and Diu Ports Rules, 1983,namely:—

1. Short title and commencement.— (1)These rules may be called the Goa Ports(Amendment) Rules, 2009.


2. Amendment of rule 2.— In rule 2 of theGoa, Daman and Diu Ports Rules, 1983(hereinafter called the ‘principal Rules’)—

(i) after clause (ff), the following clauseshall be inserted, namely:—

“(fff) “jetty” means any structure orplatform made of either concrete orsteel, which is erected/constructed inthe Government Riverine Land alongthe river bank for the purpose of loading//unloading of iron-one into/from thecraft;”;

(ii) after clause (h), the following clauseshall be inserted, namely:—

“(hh) “pillar” or “post” means anystructure made of either concrete orsteel erected in the Government RiverineLand for the purpose of securing//mooring a craft within the port limits.”

3. Amendment of rule 54A.— In rule 54-Aof the principal Rules,—

(i) in sub-rule (1), for letters and figures“Rs. 3/-”, the letters and figures “Rs. 10/-” shall be substituted;

(ii) after sub-rule (1), the following sub-

-rule shall be inserted, namely:—

“(1A) No jetty shall be constructed in

the Government Riverine Land without

obtaining prior permission for the same

from the Captain of Ports. All jetties in

Government Riverine Land shall be

registered before the Captain of Ports

and subject to payment of fees as

specified below:—

(i) in respect of single track jetty –

Rs. 1.50 lakhs (Rupees one lakh fifty

thousand).

(ii) in respect of dual track jetty and

above – Rs. 3.00 lakhs (Rupees three lakhs).

All jetties existing prior tocommencement of the Goa Ports(Amendment) Rules, 2009, and notregistered, shall be registered with theCaptain of Ports on payment of fees asspecified above, within a period of onemonth from the date of commencement ofthe Goa Ports (Amendment) Rules, 2009.”;

(iii) in sub-rule (2), for the expression“sub-rule (1)”, the expression “sub--rule (1) or sub-rule (1A)” shall besubstituted.


Capt. A. P. Mascarenhas, Captain of Ports &ex officio Jt. Secretary.

Panaji, 8th December, 2009.

www.goagovt.nic.in/gazette.htm

Published and Printed by the Director, Printing & Stationery,Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa, 403 001.

PRICE – Rs. 29.00

Documents

Panaji, 17th December, 2009 (Agrahayana 26, 1931) SERIES I