panaji, 23rd march, 2017 (chaitra 2, 1939) series i no....

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Panaji, 23rd March, 2017 (Chaitra 2, 1939) SERIES I No. 51

Reg. No. G-2/RNP/GOA/32/2015-2017 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOADepartment of Education, Art & Culture

Directorate of Education___

Notification

DE/PLG/Counselling/Miscellaneous//2010-11/2569

The following scheme is approved by theGovernment of Goa and is hereby publishedfor general information of the public and shallcome into force from the date of publication inthe Official Gazette.

_____

“Scheme for providing Counseling to thestudents in the Government andGovernment Aided Institutions(Secondary/Higher Secondary)”

1. Introduction.— Career burnout hasturned into a common phenomenon in recenttimes. Blame it on hectic lifestyles, toughdeadlines, multitasking, rat race or cut-throatcompetition. Many bright prospects have

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

fallen victims to career burnout syndrome. Thebasic reason is that every profession issusceptible to exhaustion and mental strain.

The diverse socio-economic and culturallevels of the students and the increasedcompetition at school for achieving higheracademic grading plays havoc with the youngminds more so with the vulnerable sections ofthe society thereby falling prey to addictionsof alcohol, tobacco, drugs and at timesgambling. The fear of failure also makes themind lose self confidence and leads topsychological imbalances and leading toincidents of suicides amongst the susceptibleyouth.

As today’s youth is the future of the country,the Government of Goa therefore withthoughtful concern endeavors to take duecare, and as an immediate response desiresto engage expert counselors in schools to helpthe young students cope up with the emotionaland psychological stress related to educationand also socio-economic and culturalenvironment.

INDEX

Department Notification Subject Pages

1. Education, Art & Culture DE/PLG/Counselling/ Scheme for providing Counseling to the students in 2035Director Miscellaneous/2010-11/ the Government and Government Aided Institutions

/2569 (Secondary/Higher Secondary).

2. Law & Judiciary Not.-10/4/2016-LA The Enforcement of Security Interest and Recovery 2038Under Secretary of Debts Laws and Miscellaneous Provisions

(Amendment) Act, 2016.

3. a. Personnel Not.-1/5/2016-PER/712 RR— The Goa Institute of Public Administration 2061 Director General (GIPARD) and Rural Development.

b. — do — Not.-1/3/2015-PER/760 RR— Department of Handicrafts, Textile & Coir. 2069 Additional Secretary

4. Printing and Stationery Subscription Rates. 2071

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 51 23RD MARCH, 2017

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2. Short title and commencement.— (I) Thisscheme shall be called “The Scheme forproviding Counseling to the Secondary &Higher Secondary School Students.

(II) This scheme will be implementedthrough GEDC wherein financial assistance toprovide remuneration to eligible Counselorsand Supervisors will be provided by theGovernment.

3. Objectives.— The objective of the schemeis to spot the students undergoing mental,physical related stress and provide solace,safe vent to release their stress, anguish,grievances, guilt or feeling of unrest/complainof neglect, confidential space throughspecialized Counselors in a supportive andpurposeful manner and assist the distressedstudent to think more clearly and positivelyand develop the skills to find their wayforward.

The main objective of this project is toprovide youth friendly counseling services inHigher Secondary and Secondary schools,delivered by appointed school Counselors.

The specific objectives of this project are:—

! To recruit school Counselors with specificskills.

! To recruit Supervisors to provide super-vision to the Counselors.

! To train the appointed Counselors oncounseling skills.

! To implement a model of continuingsupervision and support of the trainedschool Counselors in the schools throughsupervision and mentoring of Supervisors.

4. Scope.— The scheme shall cover thestudents studying in Government andGovernment aided Secondary and HigherSecondary Institutions in the State of Goa.

The Counselors shall discuss and assist thestudents in various arrays of concerns andprovide guidance with regards to the issuesrelated to:—

(1) Stress Management.(2) Adjusting to school environment.(3) Life transition and changes.(4) Difficulties in family relationship.(5) Depression.(6) Anxiety, Anger.(7) Physical, Sexual, Emotional abuse.(8) Thoughts of suicide.

(9) Trauma

(10) Other feelings that cause discomfort.

5. Eligibility Criteria.—

A. Counselor Profile:—

Nature of Employment:— Contract basis for11 months.

Essential:—

(1) Regular Masters degree in Clinical//Counseling Psychology

OR

MSW (Masters in Social Work) withspecialization in medical and psychiatric

OR

Regular Graduation in Psychology (6 units),Social Work, Home Science (HR) from UGCrecognized College and Diploma in Guidanceand Counseling from recognized Institution.

(2) Minimum 1 yr. experience in workingwith adolescents.

(3) Knowledge of Konkani.

Desirable:—

(1) Knowledge of Marathi.

(2) Experience of working as a Counselor.

Age Limit:— 45

B. Supervisor Profile:—

Nature of Employment:— Contract basis for11 months.

Essential:—

(1) Regular Masters Degree in Clinical//Counseling Psychology or MSW (Masters inSocial Work) with specialization in medicaland psychiatric.

(2) Diploma in Guidance and Counselingfrom recognized institution.


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(3) Minimum 2 yrs experience in workingwith adolescents.

(4) Experience of conducting trainings andworkshops.

(5) Knowledge of Konkani.

Desirable:—

(1) Knowledge of Marathi.

(2) M. Phil/Ph. D in Psychology.

(3) Experience of being a counselor in aschool.

As this is a profession of dealing withindividuals and their emotions, persons withthe above mentioned qualification will beselected.

Age Limit:— 45

6. Appointment Pattern.— The appointmentof Counselors and Supervisors will be oncontract basis for a period of 11 months. Theappointment of the 02 Clerk cum Data entryoperators shall be for 11 months. GEDC mayrenew the contract strictly based on theperformance of the counselor/supervisor/dataentry operators which will be assessed by thecommittee constituted for the same.

The Board shall constitute a Committee forthe purpose for selection of Counselors andSupervisors. The Committee shall conductwalk-in interviews and allot 85 marks to theessential Qualification and 15 marks for theinterviews.

7. Funding Pattern.— The Goa EducationDevelopment Corporation will pay theremuneration of the Counselors, Supervisorsand Clerk cum Data Entry Operator from thefunds provided by Directorate of Education tothe tune of Rs. 22,000/-, 30,000/- and 12,000/-respectively.

Goa Education Development Corporation,will be reimbursed at five (5%) cost towardsoverhead and other expenses.

8. Monitoring & Evaluation.—

" Plan for Integrating the Initiative withinthe School System

The school is a system where the focus ison holistic development of a child, as opposedto a narrower focus only on academicoutcomes. To integrate this initiative withinthe school system, we plan to optimize existingresources in the following ways:—

Structural: The Super School Complex willserve as the main office for the Counselor.These institutions provide ideal conditions forachieving the purpose of counseling as theyare specifically equipped to cater to this need.

Human Resources: The Counselor is aimportant human resource within the schoolsetting to cater to the needs of emotional wellbeing of students. Through training andsupervision, the Counselors capacities will beenhanced to provide efficient and effectivecounseling for the students.

Stakeholders: This program willsimultaneously work with consultation withthe various stakeholders such as teachers,students, parents & school officials etc. togenerate awareness about the program.

Secondary Referral centers: The Counselorswill work with the Principals and ADEI officersof all talukas to network with Secondaryreferral centres for counseling within theregion. These secondary referral centers willneed to be recognized by the GEDC. This willlead to the sustainability of this programme.

9. Relaxation.— (a) The Government shallbe empowered to relax any or all clauses orconditions of the scheme in genuine casesfor which the reasons shall recorded inwriting.

(b) If any question arises regardinginterpretation of any clause, word, expression,the decision about the interpretation shall liewith the Government which shall be final andbinding on all concerned.

By order and in the name of the Governorof Goa.

G. P. Bhat, Director (Education).Porvorim, 29th December, 2016.


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Department of Law & JudiciaryLegal Affairs Division

___

Notification

10/4/2016-LA

The Enforcement of Security Interest andRecovery of Debts Laws and Miscellaneousprovisions (Amendment) Act, 2016 (CentralAct No. 44 of 2016), which has been passedby Parliament and assented to by thePresident on 12-08-2016 and published in theGazette of India, Extraordinary, Part II,Section 1, dated 16-08-2016, is herebypublished for the general information of thepublic.

Julio Barbosa Noronha, Under Secretary (Law).

Porvorim, 4th November, 2016.______

THE ENFORCEMENT OF SECURITYINTEREST AND RECOVERY OF DEBTS

LAWS AND MISCELLANEOUSPROVISIONS (AMENDMENT) ACT, 2016

AN

ACT

further to amend the Securitisation andReconstruction of Financial Assets andEnforcement of Security Interest Act, 2002,the Recovery of Debts due to Banks andFinancial Institutions Act, 1993, the IndianStamp Act, 1899, and the Depositories Act,1996, and for matters connected therewithor incidental thereto.

Be it enacted by Parliament in the Sixty--seventh Year of the Republic of India asfollows:—

CHAPTER I

Preliminary1. Short title and commencement.— (1) This

Act may be called the Enforcement of SecurityInterest and Recovery of Debts Laws andMiscellaneous Provisions (Amendment) Act,2016.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint:

Provided that different dates may beappointed for different provisions of this Act,and any reference in any such provision to thecommencement of this Act shall be construedas a reference to the coming into force ofthat provision.

CHAPTER II

Amendments to the Securitisation andReconstruction of Financial Assets

and Enforcement of SecurityInterest Act, 2002

2. Amendment of long title.—In the Securitisation and Recons-truction of Financial Assets andEnforcement of Security Interest Act,2002, (hereinafter referred to in thisChapter as the principal Act), for thelong title, the following shall besubstituted, namely:—

“An Act to regulate securitisation andreconstruction of financial assets andenforcement of security interest and toprovide for a Central database of securityinterests created on property rights, and formatters connected therewith or incidentalthereto.”.

3. Substitution of references to certainexpressions by other expressions.—Throughout the principal Act,—

(i) for the words “securitisationcompany”, “reconstruction company”,“securitisation or reconstruction company”,“securitisation company or the reconstructioncompany” or “securitisation company or areconstruction company”, wherever theyoccur, the words “asset reconstructioncompany” shall be substituted;

(ii) for the words “securitisationcompanies or reconstruction companies”,wherever they occur, the words “assetreconstruction companies” shall besubstituted;

54 of 2002.


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(iii) for the words “qualified institutionalbuyer”, wherever they occur, the words“qualified buyer” shall be substituted.

(iv) for the words “qualified institutionalbuyers”, wherever they occur, the words“qualified buyers” shall be substituted.

4. Amendment of section 2.— In theprincipal Act, in section 2, in sub-section (1),—

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

‘(ba) “asset reconstruction company”means a company registered withReserve Bank under section 3 for thepurposes of carrying on the business ofasset reconstruction or securitisation, orboth;’;

(ii) in clause (f), after the words “financialinstitution in relation to such financialassistance”, the words “or who has raisedfunds through issue of debt securities” shallbe inserted;

(iii) after clause (g), the following clauseshall be inserted namely:—

‘(ga) “company” means acompany as defined in clause(20) of section 2 of theCompanies Act, 2013;’;

(iv) for clause (ha), the following clauseshall be substituted, namely:—

‘(ha) “debt” shall have themeaning assigned to it in clause(g) of section 2 of the Recoveryof Debts Due to Banks andFinancial Institutions Act, 1993and includes—

(i) unpaid portion of the purchaseprice of any tangible asset given on hireor financial lease or conditional sale orunder any other contract;

(ii) any right, title or interest onany intangible asset or licence orassignment of such intangible asset,which secures the obligation to pay any

unpaid portion of the purchase priceof such intangible asset or anobligation incurred or credit otherwiseextended to enable any borrower toacquire the intangible asset or obtainlicence of such asset;’;

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

‘(ia) “debt securities” meansdebt securities listed inaccordance with the regula-tions made by the Board underthe Securities and ExchangeBoard of India Act, 1992;’;

(vi) for clause (j), the following clauseshall be substituted, namely:—

‘(j) “default” means—

(i) non-payment of any debt or anyother amount payable by the borrowerto any secured creditor consequentupon which the account of suchborrower is classified as non--performing asset in the books ofaccount of the secured creditor; or

(ii) non-payment of any debt or anyother amount payable by the borrowerwith respect to debt securities afternotice of ninety days demandingpayment of dues served upon suchborrower by the debenture trustee orany other authority in whose favoursecurity interest is created for thebenefit of holders of such debtsecurities;’;

(vii) in clause (k), after the words “anybank or financial institution”, the followingwords shall be inserted, namely:—

“including funds provided for thepurpose of acquisition of any tangibleasset on hire or financial lease orconditional sale or under any othercontract or obtaining assignment orlicence of any intangible asset orpurchase of debt securities;”;

18 of 2013.

51 of 1993.

15 of 1992.


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(viii) in clause (l), after sub-clause (v), thefollowing sub-clauses shall be inserted,namely:—

“(va) any beneficial right, title orinterest in any tangible asset given on hireor financial lease or conditional sale orunder any other contract which securesthe obligation to pay any unpaid portionof the purchase price of such asset or anobligation incurred or credit otherwiseprovided to enable the borrower toacquire such tangible asset; or

(vb) any right, title or interest on anyintangible asset or licence or assignmentof such intangible asset, which securesthe obligation to pay any unpaid portionof the purchase price of such intangibleasset or an obligation incurred or creditotherwise extended to enable theborrower to acquire such intangibleasset or obtain licence of the intangibleasset; or”;

(ix) in clause (m), after sub-clause (iii), thefollowing sub-clauses shall be inserted,namely:—

“(iiia) a debenture trustee registeredwith the Board and appointed for secureddebt securities;

(iiib) asset reconstruction company,whether acting as such or managinga trust created for the purpose ofsecuritisation or asset reconstruction, asthe case may be;”;

(x) after clause (m), the following clauseshall be inserted, namely:—

‘(ma) “financial lease” means a leaseunder any lease agreement of tangibleasset, other than negotiable instrumentor negotiable document, for transfer oflessor’s right therein to the lessee for acertain time in consideration of paymentof agreed amount periodically and wherethe lessee becomes the owner of the suchassets at the expiry of the term of leaseor on payment of the agreed residualamount, as the case may be;’;

(xi) after clause (n), the following clauseshall be inserted, namely:—

‘(na) “negotiable document” means adocument, which embodies a right todelivery of tangible assets and satisfiesthe requirements for negotiability underany law for the time being in forceincluding warehouse receipt and bill oflading;’;

(xii) in clause (t), in sub-clause (v), afterthe words “right of similar nature”, thewords “as may be prescribed by the CentralGovernment in consultation with ReserveBank” shall be inserted;

(xiii) in clause (u), after the words“regulations made thereunder,”, the words,figures and brackets “any category of non--institutional investors as may be specifiedby the Reserve Bank under sub-section (1)of section 7” shall be inserted;

(xiv) clause (v) shall be omitted;

(xv) clause (za) shall be omitted;

(xvi) for clause (zd), the following clauseshall be substituted, namely:—

‘(zd) “secured creditor” means—

(i) any bank or financial institutionor any consortium or group of banksor financial institutions holding anyright, title or interest upon any tangibleasset or intangible asset as specifiedin clause (l);

(ii) debenture trustee appointed byany bank or financial institution; or

(iii) an asset reconstruction companywhether acting as such or managing atrust set up by such asset reconstruc-tion company for the securitisation orreconstruction, as the case may be; or

(iv) debenture trustee registered withthe Board appointed by any companyfor secured debt securities; or

(v) any other trustee holding securitieson behalf of a bank or financial institution,


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in whose favour security interest is createdby any borrower for due repayment of anyfinancial assistance.’;

(xvii) for clause (zf), the following clauseshall be substituted, namely:—

‘(zf) “security interest” means right,title or interest of any kind, other thanthose specified in section 31, uponproperty created in favour of any securedcreditor and includes—

(i) any mortgage, charge, hypothe-cation, assignment or any right, title orinterest of any kind, on tangible asset,retained by the secured creditor as anowner of the property, given on hire orfinancial lease or conditional sale orunder any other contract whichsecures the obligation to pay anyunpaid portion of the purchase priceof the asset or an obligation incurredor credit provided to enable theborrower to acquire the tangible asset;or

(ii) such right, title or interest in anyintangible asset or assignment orlicence of such intangible asset whichsecures the obligation to pay anyunpaid portion of the purchase priceof the intangible asset or the obligationincurred or any credit provided toenable the borrower to acquire theintangible asset or licence of intangibleasset;’.

5. Amendment of section 3.— In theprincipal Act, in section 3,—

(i) in sub-section (1), for clause (b), thefollowing clause shall be substituted,namely:—

“(b) having net owned fund of not lessthan two crore rupees or such otherhigher amount as the Reserve Bank, may,by notification, specify:”;

(ii) in sub-section (3),—

(a) for clause (f), the following clauseshall be substituted, namely:—

“(f) that a sponsor of an assetreconstruction company is a fit andproper person in accordance with thecriteria as may be specified in theguidelines issued by the Reserve Bankfor such persons;”;

(b) clause (d) shall be omitted.

(iii) in sub-section (6),—

(a) after the words “any substantialchange in its management”, the words“including appointment of any directoron the board of directors of the assetreconstruction company or managingdirector or chief executive officerthereof” shall be inserted;

(b) in the Explanation, after the words“by way of transfer of shares or”, thewords “change affecting the sponsorshipin the company by way of transfer ofshares or” shall be inserted.


(i) after sub-section (1), the followingsub-section shall be inserted, namely:—

“(1A) Any documentexecuted by any bank orfinancial institution under sub--section (1) in favour of theasset reconstruction companyacquiring financial assets forthe purposes of asset recons-truction or securitisation shallbe exempted from stamp dutyin accordance with theprovisions of section 8F of theIndian Stamp Act, 1899:

Provided that the provisions of thissub-section shall not apply where theacquisition of the financial assets by theasset reconstruction company is for the

2 of 1899.


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purposes other than asset reconstructionor securitisation.”;

(ii) after sub-section (2), the followingsub-section shall be inserted, namely:—

“(2A) If the bank or financial institutionis holding any right, title or interest uponany tangible asset or intangible asset tosecure payment of any unpaid portion ofthe purchase price of such asset or anobligation incurred or credit otherwiseprovided to enable the borrower toacquire the tangible asset or assignmentor licence of intangible asset, such right,title or interest shall vest in the assetreconstruction company on acquisition ofsuch assets under sub-section (1).”;

7. Amendment of section 7.— In theprincipal Act, in section 7, in sub-section (1),for the brackets and words “(other than byoffer to public)”, the words “or such othercategory of investors including non--institutional investors as may be specified bythe Reserve Bank in consultation with theBoard, from time to time,” shall be substituted.

8. Substitution of new section for section9.— In the principal Act, for section 9, thefollowing section shall be substituted,namely:—

“9. Measures for assets reconstruction.—(1) Without prejudice to the provisionscontained in any other law for the timebeing in force, an asset reconstructioncompany may, for the purposes of assetreconstruction, provide for any one or moreof the following measures, namely:—

(a) the proper management of thebusiness of the borrower, by change in,or take over of, the management of thebusiness of the borrower;

(b) the sale or lease of a part or wholeof the business of the borrower;

(c) rescheduling of payment of debtspayable by the borrower;

(d) enforcement of security interest inaccordance with the provisions of this Act;

(e) settlement of dues payable by theborrower;

(f) taking possession of secured assetsin accordance with the provisions of thisAct;

(g) conversion of any portion of debtinto shares of a borrower company:

Provided that conversion of any part ofdebt into shares of a borrower companyshall be deemed always to have been valid,as if the provisions of this clause were inforce at all material times.

(2) The Reserve Bank shall, for thepurposes of sub-section (1), determine thepolicy and issue necessary directionsincluding the direction for regulation ofmanagement of the business of theborrower and fees to be charged.

(3) The asset reconstruction companyshall take measures under sub-section (1)in accordance with policies and directionsof the Reserve Bank determined under sub--section (2).”.

9. Amendment of section 12.— In theprincipal Act, in section 12, in sub-section (2),after clause (b), the following clauses shall beinserted, namely:—

“(c) the fee and other charges which maybe charged or incurred for management offinancial assets acquired by any assetreconstruction company;

(d) transfer of security receipts issued toqualified buyers.”.

10. Insertion of new section 12B.— In theprincipal Act, after section 12A, the followingsection shall be inserted, namely:—

“12B. Power of Reserve Bank to carry outaudit and inspection.— (1) The ReserveBank may, for the purposes of this Act, carryout or caused to be carried out audit andinspection of an asset reconstructioncompany from time to time.


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(2) It shall be the duty of an assetreconstruction company and its officersto provide assistance and cooperation tothe Reserve Bank to carry out audit orinspection under sub-section (1).

(3) Where on audit or inspection orotherwise, the Reserve Bank is satisfiedthat business of an asset reconstructioncompany is being conducted in a mannerdetrimental to public interest or to theinterests of investors in security receiptsissued by such asset reconstructioncompany, the Reserve Bank may, forsecuring proper management of an assetreconstruction company, by an order—

(a) remove the Chairman or anydirector or appoint additional directorson the board of directors of the assetreconstruction company; or

(b) appoint any of its officers as anobserver to observe the working ofthe board of directors of such assetreconstruction company:

Provided that no order for removal ofChairman or director under clause (a) shallbe made except after giving him anopportunity of being heard.

(4) It shall be the duty of every directoror other officer or employee of the assetreconstruction company to produce beforethe person, conducting an audit orinspection under sub-section (1), all suchbooks, accounts and other documents in hiscustody or control and to provide him suchstatements and information relating to theaffairs of the asset reconstruction companyas may be required by such person withinthe stipulated time specified by him.”.


(i) in sub-section (2), the following provisoshall be inserted, namely:—

“Provided that—

(i) the requirement of classificationof secured debt as non-performing

asset under this sub-section shall notapply to a borrower who has raisedfunds through issue of debt securities;and

(ii) in the event of default, thedebenture trustee shall be entitled toenforce security interest in the samemanner as provided under this sectionwith such modifications as may benecessary and in accordance withthe terms and conditions of securitydocuments executed in favour of thedebenture trustee;”;

(iii) for sub-section (8), the following sub--section shall be substituted, namely:—

“(8) Where the amount of dues of thesecured creditor together with all costs,charges and expenses incurred by himis tendered to the secured creditor at anytime before the date of publication ofnotice for public auction or invitingquotations or tender from public orprivate treaty for transfer by way of lease,assignment or sale of the securedassets,—

(i) the secured assets shall not betransferred by way of lease assignmentor sale by the secured creditor; and

(ii) in case, any step has been takenby the secured creditor for transfer byway of lease or assignment or sale ofthe assets before tendering of suchamount under this sub-section, nofurther step shall be taken by suchsecured creditor for transfer by way oflease or assignment or sale of suchsecured assets.”.

12. Amendment of section 14.— In theprincipal Act, in section 14, in sub-section (1),—

(i) in the second proviso, after the words“secured assets”, the words “ within aperiod of thirty days from the date ofapplication” shall be inserted;

(ii) after the second proviso, the followingproviso shall be inserted, namely:—


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“Provided further that if no order ispassed by the Chief MetropolitanMagistrate or District Magistrate withinthe said period of thirty days for reasonsbeyond his control, he may, afterrecording reasons in writing for the same,pass the order within such further periodbut not exceeding in aggregate sixtydays.”.

13. Amendment of section 15.— In theprincipal Act, in section 15, in sub-section (4),the following proviso shall be inserted,namely:—

“Provided that if any secured creditorjointly with other secured creditors or anyasset reconstruction company or financialinstitution or any other assignee hasconverted part of its debt into shares of aborrower company and thereby acquiredcontrolling interest in the borrowercompany, such secured creditors shall notbe liable to restore the management of thebusiness to such borrower.”.


(i) for the marginal heading “Right toappeal”, the words “Application againstmeasures to recover secured debts” shallbe substituted;

(ii) after sub-section (1), the followingsub-sections shall be inserted, namely:—

“(1A) An application under sub-section(1) shall be filed before the DebtsRecovery Tribunal within the local limitsof whose jurisdiction—

(a) the cause of action, wholly or inpart, arises;

(b) where the secured asset islocated; or

(c) the branch or any other office ofa bank or financial institution ismaintaining an account in which debtclaimed is outstanding for the timebeing.”;

(iii) for sub-section (3), the followingsub-section shall be substituted, namely:—

“(3) If, the Debts Recovery Tribunal,after examining the facts andcircumstances of the case and evidenceproduced by the parties, comes to theconclusion that any of the measuresreferred to in sub-section (4) of section 13,taken by the secured creditor are not inaccordance with the provisions of this Actand the rules made thereunder, andrequire restoration of the management orrestoration of possession, of the securedassets to the borrower or other aggrievedperson, it may, by order,—

(a) declare the recourse to any oneor more measures referred to in sub--section (4) of section 13 taken by thesecured creditor as invalid; and

(b) restore the possession of securedassets or management of securedassets to the borrower or such otheraggrieved person, who has made anapplication under sub-section (1), asthe case may be; and

(c) pass such other direction asit may consider appropriate andnecessary in relation to any of therecourse taken by the secured creditorunder sub-section (4) of section 13.”;

(iv) after sub-section (4), the followingsub-section shall be inserted, namely:—

“(4A) Where—

(i) any person, in an applicationunder sub-section (1), claims anytenancy or leasehold rights upon thesecured asset, the Debt RecoveryTribunal, after examining the facts ofthe case and evidence produced bythe parties in relation to such claimsshall, for the purposes of enforcementof security interest, have thejurisdiction to examine whether leaseor tenancy,—

(a) has expired or stooddetermined; or


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(b) is contrary to section65A of the Transfer ofProperty Act, 1882;

or

(c) is contrary to terms ofmortgage; or

(d) is created after the issuance ofnotice of default and demand by theBank under sub-section (2) of section13 of the Act; and

(ii) the Debt Recovery Tribunal issatisfied that tenancy right or leaseholdrights claimed in secured asset fallsunder the sub-clause (a) or sub-clause(b) or sub-clause (c) or sub-clause (d)of clause (i), then notwithstandinganything to the contrary contained inany other law for the time being inforce, the Debt Recovery Tribunal maypass such order as it deems fit inaccordance with the provisions of thisAct.”.

15. Amendment of section 19.— In theprincipal Act, in section 19, for the words“concerned borrowers, such borrowers”, thewords “concerned borrowers or any otheraggrieved person, who has filed theapplication under section 17 or section 17Aor appeal under section 18 or section 18A, asthe case may be, the borrower or such otherperson” shall be substituted.

16. Insertion of new sections 20A and 20B.—In the principal Act, after section 20, thefollowing sections shall be inserted, namely:—

“20A. Integration of registrationsystems with Central Registry.— (1) TheCentral Government may, for the purposeof providing a Central database, inconsultation with State Governments orother authorities operating registrationsystem for recording rights over anyproperty or creation, modification orsatisfaction of any security interest onsuch property, integrate the registrationrecords of such registration systems

with the records of Central Registryestablished under section 20, in suchmanner as may be prescribed.

Explanation.— For thepurpose of this sub-section, theregistration records includesrecords of registration underthe Companies Act, 2013, theRegistration Act, 1908, theMerchant Shipping Act, 1958,the Motor Vehicles Act, 1988, thePatents Act, 1970, the DesignsAct, 2000 or other such recordsunder any other law for the timebeing in force.

(2) The Central Government shallafter integration of records of variousregistration systems referred to in sub--section (1) with the Central Registry, bynotification, declare the date of integrationof registration systems and the date fromwhich such integrated records shall beavailable; and with effect from such date,security interests over properties whichare registered under any registrationsystem referred to in sub-section (1) shallbe deemed to be registered with theCentral Registry for the purposes of thisAct.”.

“20B. Delegation of powers.— TheCentral Government may, bynotification, delegate its powers andfunctions under this Chapter, inrelation to establishment, operationsand regulation of the Central Registryto the Reserve Bank, subject to suchterms and conditions as may beprescribed.”.

17. Amendment of section 23.— In theprincipal Act,—

(i) section 23 shall be numbered assub-section (1), and in sub-section (1) asso re-numbered,—

(a) the words “within thirty days afterthe date of such transaction or creationof security, by the securitisation company

18 of 2013.

16 of 1908.

44 of 1958.

59 of 1988.

39 of 1970.

16 of 2000.

4 of 1882.


2046

or reconstruction company or thesecured creditor, as the case may be”shall be omitted;

(b) the first proviso shall be omitted;

(c) in the second proviso, the word“further” shall be omitted;

(ii) in section 23, after sub-section (1) sorenumbered, the following sub-sectionsshall be inserted, namely:—

“(2) The Central Government may, bynotification, require the registration oftransaction relating to different types ofsecurity interest created on different kindsof property with the Central Registry.

(3) The Central Government may, byrules, prescribe forms for registration fordifferent types of security interest underthis section and fee to be charged forsuch registration.”.

18. Insertion of new Chapter IVA.— In theprincipal Act, after section 26A, the followingchapter shall be inserted, namely:—

“CHAPTER IVA

Registration by secured creditorsand other creditors

26B. Registration by secured creditorsand other creditors.— (1) The CentralGovernment may by notification, extend theprovisions of Chapter IV relating to CentralRegistry to all creditors other than securedcreditors as defined in clause (zd) of sub--section (1) of section 2, for creation,modification or satisfaction of any securityinterest over any property of the borrowerfor the purpose of securing due repaymentof any financial assistance granted by suchcreditor to the borrower.

(2) From the date of notification undersub-section (1), any creditor including thesecured creditor may file particulars oftransactions of creation, modification orsatisfaction of any security interest with theCentral Registry in such form and manneras may be prescribed.

(3) A creditor other than the securedcreditor filing particulars of transactions ofcreation, modification and satisfaction ofsecurity interest over properties created inits favour shall not be entitled to exerciseany right of enforcement of securities underthis Act.

(4) Every authority or officer of theCentral Government or any StateGovernment or local authority, entrustedwith the function of recovery of tax or otherGovernment dues and for issuing any orderfor attachment of any property of any personliable to pay the tax or Government dues,shall file with the Central Registry suchattachment order with particulars of theassessee and details of tax or otherGovernment dues from such date as maybe notified by the Central Government, insuch form and manner as may beprescribed.

(5) If any person, having any claim againstany borrower, obtains orders for attachmentof property from any court or other authorityempowered to issue attachment order,such person may file particulars of suchattachment orders with Central Registry insuch form and manner on payment of suchfee as may be prescribed.

26C. Effect of the registration oftransaction, etc.— (1) Without prejudice tothe provisions contained in any other law,for the time being in force, any registrationof transactions of creation, modification orsatisfaction of security interest by a securedcreditor or other creditor or filing ofattachment orders under this Chapter shallbe deemed to constitute a public noticefrom the date and time of filing of particularsof such transaction with the CentralRegistry for creation, modification orsatisfaction of such security interest orattachment order, as the case may be.

(2) Where security interest or attachmentorder upon any property in favour of thesecured creditor or any other creditor are


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filed for the purpose of registration underthe provisions of Chapter IV and thisChapter, the claim of such secured creditoror other creditor holding attachment ordershall have priority over any subsequentsecurity interest created upon suchproperty and any transfer by way of sale,lease or assignment or licence of suchproperty or attachment order subsequentto such registration, shall be subject tosuch claim:

Provided that nothing contained in thissub-section shall apply to transactionscarried on by the borrower in the ordinarycourse of business.

26D. Right of enforcement of securities.—Notwithstanding anything contained in anyother law for the time being in force, fromthe date of commencement of the provisionsof this Chapter, no secured creditor shall beentitled to exercise the rights of enforcementof securities under Chapter III unless thesecurity interest created in its favour by theborrower has been registered with theCentral Registry.

26E. Priority to secured creditors.—Notwithstanding anything contained in anyother law for the time being in force, afterthe registration of security interest, the debtsdue to any secured creditor shall be paid inpriority over all other debts and all revenues,taxes, cesses and other rates payable to theCentral Government or State Governmentor local authority.

Explanation.— For the pur-poses of this section, it is herebyclarified that on or after thecommencement of the Insolvencyand Bankruptcy Code, 2016, incases where insolvency orbankruptcy proceedings arepending in respect of securedassets of the borrower, priority tosecured creditors in payment ofdebt shall be subject to theprovisions of that Code.”.

19. Amendment of section 27.— In section27, the following proviso shall be inserted,namely:—

“Provided that provisions of this sectionshall be deemed to have been omitted fromthe date of coming into force of theprovisions of this Chapter and section 23 asamended by the Enforcement of SecurityInterest and Recovery of Debts Laws andMiscellaneous Provisions (Amendment)Act, 2016.”.

20. Omission of section 28.— In the principalAct, section 28, shall be omitted.

21. Insertion of new sections 30A, 30B, 30Cand 30D.— In the principal Act, after section30, the following sections shall be inserted,namely:—

“30A. Power of adjudicating authority toimpose penalty.— (1) Where any assetreconstruction company or any person failsto comply with any direction issued bythe Reserve Bank under this Act theadjudicating authority may, by an order,impose on such company or person indefault, a penalty not exceeding one crorerupees or twice the amount involved in suchfailure where such amount is quantifiable,whichever is more, and where such failureis a continuing one, a further penalty whichmay extend to one lakh rupees for every day,after the first, during which such failurecontinues.

(2) For the purpose of imposing penaltyunder sub-section (1), the adjudicatingauthority shall serve a notice on the assetreconstruction company or the person indefault requiring such company or personto show cause why the amount specified inthe notice should not be imposed as apenalty and a reasonable opportunity ofbeing heard shall be given to such person.

(3) Any penalty imposed under thissection shall be payable within a period ofthirty days from the date of issue of noticeunder sub-section (2).

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(4) Where the asset reconstructioncompany fails to pay the penalty within thespecified period under sub-section (3), theadjudicating authority shall, by an order,cancel its registration:

Provided that an opportunity of beingheard shall be given to such assetreconstruction company before cancel-lation of registration.

(5) No complaint shall be filed against anyperson in default in any court pertaining toany failure under sub-section (1) in respectof which any penalty has been imposed andrecovered by the Reserve Bank under thissection.

(6) Where any complaint has been filedagainst a person in default in the courthaving jurisdiction no proceeding forimposition of penalty against that personshall be taken under this section.

Explanation.— For the purposes ofthis section and sections 30B, 30C and30D,—

(i) “adjudicating authority” meanssuch officer or a committee of officers ofthe Reserve Bank, designated as suchfrom time to time, by notification, by theCentral Board of Reserve Bank;

(ii) “person in default” means the assetreconstruction company or any personwhich has committed any failure,contravention or default under this Actand any person incharge of suchcompany or such other person, as thecase may be, shall be liable to beproceeded against and punished undersection 33 for such failure or contra-vention or default committed by suchcompany or person.

30B. Appeal against penalties.— A personin default, aggrieved by an order passedunder sub-section (4) of section 30A, may,within a period of thirty days from the date

on which such order is passed, prefer anappeal to the Appellate Authority:

Provided that the Appellate Authoritymay entertain an appeal after the expiry ofthe said period of thirty days, if it is satisfiedthat there was sufficient cause for not filingit within such period.

30C. Appellate Authority.— (1) TheCentral Board of Reserve Bank maydesignate such officer or committee ofofficers as it deems fit to exercise the powerof Appellate Authority,

(2) The Appellate Authority shall havepower to pass such order as it deems fit afterproviding a reasonable opportunity of beingheard to the person in default.

(3) The Appellate Authority may, by anorder stay the enforcement of the orderpassed by the adjudicating authority undersection 30A, subject to such terms andconditions, as it deems fit.

(4) Where the person in default fails tocomply with the terms and conditionsimposed by order under sub-section (3)without reasonable cause, the AppellateAuthority may dismiss the appeal.

30D. Recovery of penalties.— (1) Anypenalty imposed under section 30A shall berecovered as a “recoverable sum” and shallbe payable within a period of thirty daysfrom the date on which notice demandingpayment of the recoverable sum is servedupon the person in default and, in the caseof failure of payment by such person withinsuch period, the Reserve Bank may, for thepurpose of recovery,—

(a) debit the current account, if any, ofthe person in default maintained with theReserve Bank or by liquidating thesecurities, if any, held to the credit of suchperson in the books of the Reserve Bank;

(b) issue a notice to the person fromwhom any amount is due to the person


2049

in default, requiring such person todeduct from the amount payable by himto the person in default, such amountequivalent to the amount of therecoverable sum, and to make paymentof such amount to the Reserve Bank.

(2) Save as otherwise provided in sub--section (4), a notice issued under clause (b)of sub-section (1) shall be binding on everyperson to whom it is issued, and, wheresuch notice is issued to a post office, bankor an insurance company, it shall not benecessary to produce any pass book,deposit receipt, policy or any otherdocument for the purpose of any entry orendorsement thereof before payment ismade, notwithstanding any rule, practiceor requirement to the contrary.

(3) Any claim in respect of any amount,arising after the date of issue of notice undersub-section (1) shall be void as against thedemand contained in such notice.

(4) Any person, to whom the notice is sentunder sub-section (1), objects to such noticeby a statement on oath that the sumdemanded or any part thereof is not due tothe person in default or that he does not holdany money for or on account of the personin default, then nothing contained in thissection shall be deemed to require, suchperson to pay such sum or part thereof, asthe case may be.

(5) Where it is found that statement madeby the person under sub-section (4) is falsein material particulars, such person shall bepersonally liable to the Reserve Bank to theextent of his own liability to the person indefault on the date of the notice, or to theextent of the recoverable sum payable bythe person in default to the Reserve Bank,whichever is less.

(6) The Reserve Bank may, at any time,amend or revoke any notice issued undersub-section (1) or extend the time formaking the payment in pursuance of suchnotice.

(7) The Reserve Bank shall grant a receiptfor any amount paid to it in compliance witha notice issued under this section and theperson so paying shall be fully dischargedfrom his liability to the person in default tothe extent of the amount so paid.

(8) Any person discharging any liabilityto the person in default after the receipt ofa notice under this section shall bepersonally liable to the Reserve Bank—

(a) to the extent of his own liability tothe person in default so discharged; or

(b) to the extent of the recoverable sumpayable by the person in default to theReserve Bank, whichever is less.

(9) Where the person to whom the noticeis sent under this section, fails to makepayment in pursuance thereof to theReserve Bank, he shall be deemed to be theperson in default in respect of the amountspecified in the notice and action orproceedings may be taken or institutedagainst him for the realisation of the amountin the manner provided in this section.

(10) The Reserve Bank may enforcerecovery of recoverable sum through theprincipal civil court having jurisdiction inthe area where the registered office or thehead office or the principal place of businessof the person in default or the usual place ofresidence of such person is situated as if thenotice issued by the Reserve Bank were adecree of the Court.

(11) No recovery under sub-section (10)shall be enforced, except on an applicationmade to the principal civil court by anofficer of the Reserve Bank authorised inthis behalf certifying that the person indefault has failed to pay the recoverablesum.”.

22. Amendment of section 31.— In theprincipal Act, in section 31, clause (e) shallbe omitted.


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23. Amendment of section 31A.— In theprincipal Act, in section 31A, for sub-section(2), the following sub-sections shall besubstituted, namely:—

“(2) A copy of every notification proposedto be issued under sub-section (1), shallbe laid in draft before each House ofParliament, while it is in session, for a totalperiod of thirty days, and if, both Housesagree in disapproving the issue ofnotification or both Houses agree in makingany modification in the notification, thenotification shall not be issued or, as thecase may be, shall be issued only in suchmodified form as may be agreed upon byboth the Houses.

(3) In reckoning any such period of thirtydays as is referred to in sub-section (2), noaccount shall be taken of any period duringwhich the House referred to in sub-section(2) is prorogued or adjourned for more thanfour consecutive days.

(4) The copies of every notification issuedunder this section shall, as soon as may beafter it has been issued, be laid before eachHouse of Parliament.”.

24. Amendment of section 32.— In theprincipal Act, in section 32, for the words “anysecured creditor or any of his officers ormanager exercising any of the rights of thesecured creditor or borrower”, the words “theReserve Bank or the Central Registry or anysecured creditor or any of its officers” shall besubstituted.

25. Amendment of section 38.— In theprincipal Act, in section 38, in sub-section(2),—

(i) clause (a) shall be numbered as clause(aa) and before clause (aa) as so renumbered,the following clause shall be inserted,namely:—

“(a) other business or commercialrights of similar nature under clause (t)of section 2;”;

(ii) after clause (bc), the following clausesshall be inserted, namely:—

“(bca) the manner of integration ofrecords of various registration systemswith the records of Central Registryunder sub-section (1) of section 20A;

(bcb) the terms and conditions ofdelegation of powers by the CentralGovernment to the Reserve Bank undersection 20B.“;

(iii) after clause (d), the following clausesshall be inserted, namely:—

“(da) the form for registration ofdifferent types of security interests andfee thereof under sub-section (3) ofsection 23;”;

(iv) after clause (f), the following clausesshall be inserted, namely:—

“(fa) the form and the manner for filingparticulars of transactions under sub--section (2) of section 26B;

(fb) the form and manner of filingattachment orders with the CentralRegistry and the date under sub-section(4) of section 26B;

(fc) the form and manner of filingparticulars of attachment order with theCentral Registry and the fee under sub--section (5) of section 26B.”.

CHAPTER III

Amendments to the Recovery of Debts Due toBanks and Financial Institutions Act, 1993

26. Amendment of section 2.— Inthe Recovery of Debts Due to Banksand Financial Institutions Act, 1993(hereinafter in this Chapter referredto as the principal Act), in section2,—

(i) in clause (g), after the words “the dateof the application”, the following wordsshall be inserted, namely:—

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“and includes any liability towardsdebt securities which remains unpaid infull or part after notice of ninety daysserved upon the borrower by thedebenture trustee or any other authorityin whose favour security interest iscreated for the benefit of holders of debtsecurities or;”;

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

‘(ga) “debt securities” meansdebt securities listed inaccordance with regulationsmade by the SecuritiesExchange Board of India underthe Securities and ExchangeBoard of India Act, 1992;’;

(iii) in clause (h), after sub-clause (ia), thefollowing sub-clause shall be inserted,namely:—

“(ib) a debenture trustee registeredwith the Board and appointed for secureddebt securities;”;

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

‘(ha) “financial lease” means a leaseunder a lease agreement of tangible asset,other than negotiable instrument ornegotiable document, for transfer oflessor’s right therein to the lessee for acertain time in consideration of paymentof agreed amount periodically and wherelessee becomes the owner of the suchassets at the expiry of the term of leaseor on payment of the agreed residualamount, as the case may be;’;

(v) after clause (ja), the following clauseshall be inserted, namely:—

‘(jb) “property” means—

(a) immovable property;

(b) movable property;

(c) any debt or any right to receive

payment of money, whether secured orunsecured;

(d) receivables, whether existing orfuture;

(e) intangible assets, being know--how, patent, copyright, trade mark,licence, franchise or any other businessor commercial right of similar nature,as may be prescribed by the CentralGovernment in consultation withReserve Bank;’;

(vi) after clause (1), the following clausesshall be inserted, namely:—

‘(la) “secured creditor” shallhave the meaning as assignedto it in clause (zd) of sub--section (1) of section 2 of theSecuritisation and Reconstruc-tion of Financial Assets andEnforcement of Security InterestAct, 2002;

(lb) “security interest” meansmortgage, charge, hypothecation,assignment or any other right, title orinterest of any kind whatsoever uponproperty, created in favour of any bankor financial institution and includes—

(a) such right, title or interest upontangible asset, retained by the bank orfinancial institution as owner of theproperty, given on hire or financiallease or conditional sale which securesthe obligation to pay any unpaidportion of the purchase price of theasset or an obligation incurred or anycredit provided to enable the borrowerto acquire the tangible asset; or

(b) such right, title or interest in anyintangible asset or licence of anyintangible asset, which secures theobligation to pay any unpaid portionof the purchase price of the intangibleasset or the obligation incurred or anycredit extended to enable the borrowerto acquire the intangible asset orlicence of intangible asset;’.

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27. Amendment of section 4.— In theprincipal Act, in section 4, for sub-section (2),the following sub-section shall be substituted,namely:—

“(2) Notwithstanding anything containedin sub-section (1), the Central Governmentmay—

(a) authorise the Presiding Officer ofany other Tribunal established under anyother law for the time being in force todischarge the function of the PresidingOfficer of a Debt Recovery Tribunal underthis Act in addition to his being thePresiding Officer of that Tribunal; or

(b) authorise the judicial Memberholding post as such in any otherTribunal, established under any otherlaw for the time being in force, todischarge the functions of the PresidingOfficer of Debts Recovery Tribunal underthis Act, in addition to his being the judicialMember of that Tribunal.”.

28. Amendment of section 6.— In theprincipal Act, for section 6, the followingsection shall be substituted, namely:—

“6. Term of office of Presiding Officer.—The Presiding Officer of a Tribunal shall holdoffice for a term of five years from the dateon which he enters upon his office and shallbe eligible for reappointment:

Provided that no person shall holdoffice as the Presiding Officer of a Tribunalafter he has attained the age of sixty-fiveyears.”.

29. Amendment of section 8.— In theprincipal Act, in section 8, in sub-section(1), the following proviso shall be inserted,namely:—

“Provided that the Central Governmentmay authorise the Chairperson of any otherAppellate Tribunal, established under anyother law for the time being in force, todischarge the functions of the Chairperson

of the Debts Recovery Appellate Tribunalunder this Act in addition to his being theChairperson of that Appellate Tribunal.”.

30. Amendment of section 11.— In thePrincipal Act, for section 11, the followingsection shall be substituted, namely:—

“11. Term of office of Chairperson ofApellate Tribunal.— The Chairperson of anAppellate Tribunal shall hold office for aterm of five years from the date on whichhe enters upon his office and shall be eligiblefor reappointment:

Provided that no person shall hold officeas the Chairperson of a Appellate Tribunalafter he has attained the age of seventyyears.”.

31. Amendment of section 17A.— In theprincipal Act, in section 17A, after sub-section(1), the following sub-sections shall beinserted, namely:—

“(1A) For the purpose of exercise ofgeneral powers of superintendence andcontrol over Tribunals under sub-section(1), the Chairperson may—

(i) direct the Tribunals tofurnish, in such form, at suchintervals and within such time,information relating to pendingcases both under this Actand the Securitisation andReconstruction of FinancialAssets and Enforcement ofSecurity Interest Act, 2002, orunder any other law for the timebeing in force, number of casesdisposed of, number of newcases filed and such otherinformation as may beconsidered necessary by theChairperson;

(ii) convene meetings of the PresidingOfficers of Tribunals periodically to reviewtheir performance.

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(1B) Where on assessment of theperformance of any Presiding Officer of theTribunal or otherwise, the Chairperson isof the opinion that an inquiry is required tobe initiated against such Presiding Officerfor misbehaviour or incapacity, he shallsubmit a report to the Central Governmentrecommending action against suchPresiding Officer, if any, under section 15,and for reasons to be recorded in writingfor the same.”.


(i) in sub-section (1), clause (a) shall berenumbered as clause (aa) and beforeclause (aa) so renumbered, the followingclause shall be inserted, namely:—

“(a) the branch or any other office ofthe bank or financial institution ismaintaining an account in which debtclaimed is outstanding, for the timebeing; or”;

(ii) for sub-section (3), the following sub--section shall be substituted, namely:—

“(3) Every application under sub--section (1) or sub-section (2) shall be insuch form, and shall be accompaniedwith true copies of all documents reliedon in support of the claim along withsuch fee, as may be prescribed.”.

(iii) in sub-section (3), after the secondproviso, the following Explanation shall beinserted, namely:—

“Explanation.— For thepurposes of this section,documents includes statementof account or any entry inbanker’s book duly certifiedunder the Bankers’ BooksEvidence Act, 1891.”;

(iv) after sub-section (3), sub-section (3A)shall be renumbered as sub-section (3B)and before sub-section (3B) so renumbered,

the following sub-section shall be inserted,namely:—

“(3A) Every applicant in theapplication filed under sub-section (1) orsub-section (2) for recovery of debt,shall—

(a) state particulars of the debtsecured by security interest overproperties or assets belonging to anyof the defendants and the estimatedvalue of such securities;

(b) if the estimated value of securitiesis not sufficient to satisfy the debtclaimed, state particulars of any otherproperties or assets owned by any ofthe defendants, if any; and

(c) if the estimated value of suchother assets is not sufficient to recoverthe debt, seek an order directing thedefendant to disclose to the Tribunalparticulars of other properties or assetsowned by the defendants.”;

(v) for sub-section (4), the following sub--section shall be substituted, namely:—

“(4) On receipt of application undersub-section (1) or sub-section (2), theTribunal shall issue summons withfollowing directions to the defendant—

(i) to show cause within thirty daysof the service of summons as to whyrelief prayed for should not be granted;

(ii) direct the defendant to discloseparticulars of properties or assets otherthan properties and assets specified bythe applicant under clauses (a) and (b)of sub-section (3A); and

(iii) to restrain the defendant fromdealing with or disposing of suchassets and properties disclosed underclause (c) of sub-section (3A) pendingthe hearing and disposal of theapplication for attachment ofproperties.”;

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(vi) after sub-section (4), the followingsub-section shall be inserted namely:—

“(4A) Notwithstanding any-thing contained in section 65Aof the Transfer of Property Act,1882, the defendant, on serviceof summons, shall not transferby way of sale, lease orotherwise except in theordinary course of his businessany of the assets over whichsecurity interest is created andother properties and assetsspecified or disclosed undersub-section (3A), without theprior approval of the Tribunal:

Provided that the Tribunal shall notgrant such approval without givingnotice to the applicant bank or financialinstitution to show cause as to whyapproval prayed for should not begranted:

Provided further that defendant shallbe liable to account for the sale proceedsrealised by sale of secured assets in theordinary course of business and depositsuch sale proceeds in the accountmaintained with the bank or financialinstitution holding security interest oversuch assets.”;

(vii) for sub-section (5), the following sub--section shall be substituted, namely:—

“(5) (i) the defendant shall within aperiod of thirty days from the date ofservice of summons, present a writtenstatement of his defence including claimfor set-off under sub-section (6) or acounter-claim under sub-section (8), ifany, and such written statement shall beaccompanied with original documents ortrue copies thereof with the leave of theTribunal, relied on by the defendant in hisdefence:

Provided that where the defendant failsto file the written statement within the

said period of thirty days, the PresidingOfficer may, in exceptional cases and inspecial circumstances to be recorded inwriting, extend the said period by suchfurther period not exceeding fifteen daysto file the written statement of hisdefence;

(ii) where the defendant makes adisclosure of any property or assetpursuant to orders passed by theTribunal, the provisions of sub-section(4A) of this section shall apply to suchproperty or asset;

(iii) in case of non-compliance ofany order made under clause (ii) ofsub-section (4), the Presiding Officermay, by an order, direct that the personor officer who is in default, be detainedin civil prison for a term not exceedingthree months unless in the meantimethe Presiding Officer directs hisrelease:

Provided that the Presiding Officershall not pass an order under this clausewithout giving an opportunity of beingheard to such person or officer.

Explanation.— For the purpose of thissection, the expression ‘officer who is indefault’ shall mean such officer as definedin clause (60) of section 2 of the CompaniesAct, 2013.”;

(viii) for sub-section (5A), the followingsub-section shall be substituted namely:—

“(5A) On receipt of the writtenstatement of defendant or on expiry oftime granted by the Tribunal to file thewritten statement, the Tribunal shall fixa date of hearing for admission or denialof documents produced by the parties tothe proceedings and also for continuationor vacation of the interim order passedunder sub-section (4).

(5B) Where a defendant makes anadmission of the full or part of the amount

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of debt due to a bank or financialinstitution, the Tribunal shall order suchdefendant to pay the amount, to theextent of the admission within a periodof thirty days from the date of orderfailing which the Tribunal may issue acertificate in accordance with theprovisions of sub-section (22) to theextent of the amount of debt due admittedby the defendant.”;

(ix) in sub-section (6), after the words“the debt sought to be set-off”, the words“the debt sought to be set-off along withoriginal documents and other evidencerelied on in support of claim of set-off inrelation to any ascertained sum of money,against the applicant” shall be substituted;

(x) in sub-section (10), for the words “asmay be fixed by the Tribunal”, the words“as may be prescribed” shall be substituted;

(xi) after sub-section (10), the followingsub-sections shall be inserted, namely:—

“(10A) Every application under sub--section (3) or written statement ofdefendant under sub-section (5) or claimof set-off under sub-section (6) or acounter-claim under sub-section (8) bythe defendant, or written statement bythe applicant in reply to the counter--claim, under sub-section (10) or anyother pleading whatsoever, shall besupported by an affidavit sworn in bythe applicant or defendant verifying allthe facts and pleadings, the statementspleading documents and otherdocumentary evidence annexed to theapplication or written statement or replyto set-off or counter-claim, as the casemay be:

Provided that if there is any evidenceof witnesses to be led by any party, theaffidavits of such witnesses shall be filedsimultaneously by the party with theapplication or written statement orreplies filed under sub-section (10A).

(10B) If any of the facts or pleadingsin the application or written statementare not verified in the manner providedunder sub-section (10A), a party to theproceedings shall not be allowed to relyon such facts or pleadings as evidenceor any of the matters set out therein.”;

(xii) for sub-section (11), the followingsub-section shall be substituted, namely:—

“(11) Where a defendant sets up acounter-claim in the written statementand in reply to such claim the applicantcontends that the claim thereby raisedought not to be disposed of by way ofcounter-claim but in an independentaction, the Tribunal shall decide suchissue along with the claim of the applicantfor recovery of the debt.”;

(xiii) sub-section (12) shall be omitted.

(xiv) in sub-section (13) (A), for the words“the Tribunal is satisfied by affidavit orotherwise”, the words “the Tribunal on anapplication made by the applicant alongwith particulars of property to be attachedand estimated value thereof, or otherwiseis satisfied” shall be substituted.”;

(xv) sub-section (14) shall be omitted

(xvi) in sub-section (15), for the wordbracket and figure “sub-section (14)”, theword bracket and figure “sub-section (13)”shall be substituted.

(xvii) for sub-section (19), the followingsub-section shall be substituted namely:—

“(19) Where a certificate ofrecovery is issued against acompany as defined under theCompanies Act, 2013 and suchcompany is under liquidation,the Tribunal may by an orderdirect that the sale proceedsof secured assets of suchcompany be distributed in the

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same manner as provided insection 326 of the CompaniesAct, 2013 or under any otherlaw for the time being in force.”;

(xviii) for sub-section (20), the followingsub-section shall be substituted, namely:—

“(20) The Tribunal may, after givingthe applicant and the defendant, anopportunity of being heard, in respect ofall claims, set-off or counter-claim, if any,and interest on such claims, within thirtydays from the date of conclusion of thehearings, pass interim or final order as itdeems fit which may include order forpayment of interest from the date onwhich payment of the amount is founddue up to the date of realisation or actualpayment.”;

(xix) after sub-section (20A), thefollowing sub-sections shall be inserted,namely:—

“(20AA) While passing the final orderunder sub-section (20), the Tribunal shallclearly specify the assets of the borrowerover which security interest is created infavour of any bank or financial institutionand direct the Recovery Officers todistribute the sale proceeds of such assetsas provided in sub-section (20AB).

(20AB) Notwithstanding anything tothe contrary contained in any law for thetime being in force, the proceeds from saleof secured assets shall be distributed inthe following orders of priority, namely:—

(i) the costs incurred for preser-vation and protection of securedassets, the costs of valuation, publicnotice for possession and auction andother expenses for sale of assets shallbe paid in full;

(ii) debts owed to the bank orfinancial institution.

Explanation.— For the purposesof this sub section, it is herebyclarified that on or after the

commencement of the Insolvencyand Bankruptcy Code, 2016, incases where insolvency andbankruptcy proceedings arepending in respect of securedassets of the borrower, thedistribution of proceeds from saleof secured assets shall be subjectto the order of priority as providedin that Code.”.

(xx) for sub-section (21), the followingsub-section shall be substituted, namely:—

“(21) (i) The Tribunal shall send a copyof its final order and the recoverycertificate, to the applicant anddefendant.

(ii) The applicant and the defendantmay obtain copy of any order passed bythe Tribunal on payment on such fee asmay be prescribed.”;

(xxi) for sub-section (22), the followingsub-section shall be substituted, namely:—

“(22) The Presiding Officer shall issuea certificate of recovery along with thefinal order, under sub-section (20), forpayment of debt with interest under hissignature to the Recovery Officer forrecovery of the amount of debt specifiedin the certificate.”;

(xxii) after sub-section (22), the followingsub-section shall be inserted, namely:—

“(22A) Any recoverycertificate issued by thePresiding Officer under sub--section (22) shall be deemed tobe decree or order of the Courtfor the purposes of initiationof winding up proceedingsagainst a company registeredunder the Companies Act, 2013or Limited Liability Partnershipregistered under the LimitedLiability Partnership Act, 2008or insolvency proceedings

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2057

against any individual orpartnership firm under any lawfor the time being in force, as thecase may be.”;

(xxiii) in sub-section (24), for the words“endeavour shall be made by it”, thefollowing words “every effort shall be madeby it to complete the proceedings in twohearings, and” shall be substituted.

33. Insertion of new section 19A.— Aftersection 19 of the principal Act, the followingsections shall be inserted, namely:—

“19A. (I) Filing of recoveryapplications, documents andwritten statements in electronicform.— (1) Notwithstandinganything to the contrary containedin this Act, and without prejudiceto the provisions contained insection 6 of the InformationTechnology Act, 2000, the CentralGovernment may by rules providethat from such date and beforesuch Tribunal and AppellateTribunal, as may be notified,—

(a) application or written statement orany other pleadings and the documentsto be annexed thereto required to be filedshall be submitted in the electronic formand authenticated with digital signatureof the applicant, defendant or any otherpetitioner in such form and manner asmay be prescribed;

(b) any summons, notice orcommunication or intimation as may berequired to be served or delivered underthis Act, may be served or delivered bytransmission of pleadings and documentsby electronic form and authenticated insuch manner as may be prescribed.

(2) Any interim or final order passed bythe Tribunal or Appellate Tribunal displayedon the website of such Tribunal or AppellateTribunal shall be deemed to be a public

notice of such order and transmission ofsuch order by electronic mail to theregistered address of the parties to theproceeding shall be deemed to be servedon such party.

(3) The Central Government may by rulesprovide that the electronic form for thepurpose specified in this section shall beexclusive, or in the alternative or in additionto the physical form, therefor.

(4) The Tribunal or the Appellate Tribunalnotified under sub-section (1), for thepurpose of adopting electronic filing, shallmaintain its own website or commonwebsite with other Tribunals and AppellateTribunal or such other universallyaccessible repositories of electronicinformation and ensure that all orders ordirections issued by the Tribunal orAppellate Tribunal are displayed on thewebsite of the Tribunal or AppellateTribunal, in such manner as may beprescribed.

Explanation.— For the purpose of thissection,—

(a) ‘digital signature’ meansthe digital signature as definedunder clause (p) of section 2 ofthe Information Technology Act,2000;

(b) ‘electronic form’ withreference to an information or adocument means the electronicform as defined under clause (r)of section 2 of the InformationTechnology Act, 2000.”.

34. Amendment of section 20.— In theprincipal Act, in section 20 in sub-section (3),for the words “forty-five days”, at both theplaces where they occur, the words “thirtydays” shall be substituted.

21 of 2000.

21 of 2000.

21 of 2000.


2058


(i) for the words “seventy-five per cent.”,the words “fifty per cent.” shall besubstituted;

(ii) in the proviso, for the words “waiveor reduce the amount”, the words “reducethe amount to be deposited by such amountwhich shall not be less than twenty-five percent. of the amount of such debt so due”shall be substituted.

36. Amendment of section 22.— In theprincipal Act, in section 22, after sub-section(3), the following sub-section shall beinserted, namely:—

“(4) For the purpose of proof ofany entry in the ‘bankers books’,the provisions of the Bankers’Books Evidence Act, 1891 shallapply to all the proceedingsbefore the Tribunal or AppellateTribunal.”.

37. Insertion of new section 22A.— In theprincipal Act, after section 22, the followingsection shall be inserted, namely:—

“22A. Uniform procedure for conduct ofproceedings.— The Central Governmentmay, for the purpose of this Act, by rules,lay down uniform procedure consistent withthe provisions of this Act for conductingthe proceedings before the Tribunals andAppellate Tribunals.”.


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

“(aa) taking possession of propertyover which security interest is created or

any other property of the defendant andappointing receiver for such property andto sell the same;”.

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

“(d) any other mode of recovery as maybe prescribed by the Central Government.”.

39. Amendment of section 27.— In theprincipal Act, in section 27, for sub-section (1),the following sub-section shall be substituted,namely:—

“(1) Notwithstanding that a certificatehas been issued to the Recovery Officer forthe recovery of any amount, the PresidingOfficer, may by an order, grant time forpayment of the amount, provided thedefendant makes a down payment of notless than twenty-five per cent of the amountspecified in the recovery certificate andgives an unconditional undertaking to paythe balance within a reasonable time,which is acceptable to the applicant bankor financial institution holding recoverycertificate.

(1A) The Recovery Officer shall, afterreceipt of the order passed under sub--section (1), stay the proceedings until theexpiry of the time so granted.

(1B) Where defendant agrees to pay theamount specified in the Recovery Certificateand proceeding are stayed by the RecoveryOfficer, the defendant shall forfeit right tofile appeal against the orders of the Tribunal.

(1C) Where the defendant commits anydefault in payment of the amount undersub-section (1), the stay of recoveryproceedings shall stand withdrawn andthe Recovery Officer shall take steps for

18 of 1891.


2059

recovery of remaining amount of debt dueand payable.”.

40. Insertion of new section 30A.— In theprincipal Act, after section 30, the followingsection shall be inserted, namely:—

“30A. Deposit of amount of debt due forfiling appeal against orders of the RecoveryOfficer.— Where an appeal is preferredagainst any order of the Recovery Officer,under section 30, by any person from whomthe amount of debt is due to a bank orfinancial institution or consortium of banksor financial institutions, such appeal shallnot be entertained by the Tribunal unlesssuch person has deposited with the Tribunalfifty per cent. of the amount of debt due asdetermined by the Tribunal.”.

41. Insertion of new section 31B.— In theprincipal Act, after section 31A, the followingsection shall be inserted, namely:—

“31B. Priority to secured creditors.—Notwithstanding anything contained inany other law for the time being in force,the rights of secured creditors to realisesecured debts due and payable to them bysale of assets over which security interestis created, shall have priority and shall bepaid in priority over all other debts andGovernment dues including revenues,taxes, cesses and rates due to the CentralGovernment, State Government or localauthority.

Explanation.— For thepurposes of this section, it ishereby clarified that on or afterthe commencement of theInsolvency and Bankruptcy Code,2016, in cases where insolvencyor bankruptcy proceedings arepending in respect of secured

assets of the borrower, priority tosecured creditors in payment ofdebt shall be subject to theprovisions of that Code.”.

42. Amendment of section 36.— In theprincipal Act, in section 36, in sub--section (2),—

(i) clause (a) shall be numbered asclause (aa) and before clause (aa) as sorenumbered, the following clause shall beinserted, namely:—

“(a) other business or commercialrights of similar nature under clause (jb)of section 2;”;

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

“(ca) the form of application and the feefor filing application under sub-section (3)of section 19;”;

(iii) in clause (cc), for the brackets, figureand letter “(3A)”, the brackets, figure andletter “(3B)” shall be substituted;

(iv) after clause (cc), the following clausesshall be inserted, namely:—

“(cca) the period for filing writtenstatement under sub-section (10) ofsection 19;

(ccb) the fee for obtaining copy of theorder of the Tribunal under sub-section(21) of section 19;

(ccc) the form and manner ofauthenticating digital signature underclause (a), and the manner ofauthenticating service or delivery ofpleadings and documents under clause(b), of sub-section (1) of section 19A;

31 of 2016.


2060

(ccd) the form and manner of filingapplication and other documents in theelectronic form under sub-section (1) andmanner of display of orders of the Tribunaland Appellate Tribunal under sub-section(4) of section 19A;”;

(v) after clause (d), the following clausesshall be inserted, namely:—

“(da) the rules of uniform procedure forconducting the proceedings before theTribunals and Appellate Tribunals undersection 22A;

(db) the other mode of recovery underclause (d) of section 25;”.

43. Amendment of Act 2 of 1899.— TheIndian Stamp Act, 1899 shall be amendedin the manner specified in the FirstSchedule.

44. Amendment of Act 22 of 1996.— TheDepositories Act, 1996 shall be amendedin the manner specified in the SecondSchedule.

_____

THE FIRST SCHEDULE(See section 43)

Amendment to the Indian Stamp Act, 1899(2 of 1899)

After section 8E, the following section shall beinserted, namely:—

“8F. Agreement or document fortransfer or assignment of rights orinterest in financial assets not liableto stamp duty.— Notwithstandinganything contained in this Act or anyother law for the time being in force,any agreement or other document fortransfer or assignment of rights orinterest in financial assets of banks orfinancial institutions under section 5of the Securitisation and Recons--truction of Financial Assets andEnforcement of Security Interest

Act, 2002, in favour of any assetreconstruction company, as definedin clause (ba) of sub-section (1) ofsection 2 of that Act, shall not beliable to duty under this Act.”.

_____

THE SECOND SCHEDULE

(See section 44)

Amendment to the Depositories Act, 1996(22 of 1996)

In section 7, after sub-section (1), the followingsub-sections shall be inserted, namely:—

“(1A) Every depository on receipt ofintimation from a participant registerany transfer of security in favour of anasset reconstruction company asdefined in clause (ba) of sub-section (1)of section 2 of the Securitisation andReconstruction of Financial Assets andEnforcement of Security Interest Act,2002 along with or consequent upontransfer or assignment of financialasset of any bank or financialinstitution under sub-section (1) ofsection 5 of that Act.

(1B) Every depository, on receipt of intimationfrom a participant, register any issue of new sharesin favour of any bank or financial institution orasset reconstruction company or any otherassignee of such bank or financial institution orasset reconstruction company, as the case maybe, by conversion of part of their debt into sharespursuant to reconstruction of debts of thecompany agreed between the company andthe bank or financial institution or assetreconstruction company.

Explanation.— For the purpose ofthis section, the expressions “assetreconstruction company”, “bank”, and“financial institution” shall havethe meanings assigned to themrespectively under clauses (ba), (c) and(m) of sub-section (1) of section 2 ofthe Securitisation and Reconstructionof Financial Assets and Enforcementof Security Interest Act, 2002.”.

54 of 2002.

54 of 2002.

54 of 2002.


2061

Department of Personnel___

Notification

1/5/2016-PER/712

In exercise of the powers conferred byclause (f) of sub-rule (xxi) of Rule 34 of the Rulesand Regulations of the Goa Institute of PublicAdministration and Rural Development andin supersession of Goa Institute of RuralDevelopment and Administration RecruitmentRules, 2005, published vide NotificationNo. 1/GIRDA/Adm/2005-06 dated 13-10-2005,in the Official Gazette, Series I No. 30 dated27-10-2005 and vide Notification No. RRs//GIRDA/2009-10 dated 04-06-2009, in theOfficial Gazette, Series I No. 12 dated18-06-2009, the Executive Committee of theGoa Institute of Public Administration andRural Development (hereinafter referred to as“the committee”) hereby makes the followingrules to regulate the recruitment to the Group‘A’ and Group ‘C’ posts, in the Goa Institute ofPublic Administration and Rural Development,namely:—

1. Short title, application and commence-ment.— (1) These rules may be called the GoaInstitute of Public Administration and RuralDevelopment, Group ‘A’ and Group ‘C’ posts,Recruitment Rules, 2017.

(2) They shall apply to the posts specifiedin column (2) of the Schedule to these rules(hereinafter called as the “said Schedule”).

(3) They shall come into force from the dateof their publication in the Official Gazette.

2. Number, classification and scale of pay.—The number of posts, classification of the saidposts and the scale of pay attached theretoshall be as specified in columns (3) to (5) ofthe said Schedule:

Provided that the Committee may varythe number of posts as specified in column (3)of the said Schedule from time to time subjectto exigencies of work.

3. Method of recruitment, age limit andother qualifications.— The method ofrecruitment to the said posts, age limit,qualifications and other matters connectedtherewith shall be as specified in columns (6)to (13) of the said Schedule.

4. Disqualification.— No person who hasentered into or contracted a marriage with aperson having a spouse living or who, havinga spouse living, has entered into or contracteda marriage with any person, shall be eligiblefor appointment to the service:

Provided that the Committee may, if satisfiedthat such marriage is permissible under thepersonal law applicable to such person andthe other party to the marriage and that thereare other grounds for so doing, exempt anyperson from the operation of this rule.

5. Power to relax.— Where the Committeeis of the opinion that it is necessary orexpedient so to do, it may, by order, for reasonsto be recorded in writing, relax any of theprovisions of these rules with respect to anyclass or category of persons.

6. Saving.— Nothing in these rules shallaffect reservations, relaxation of age limit andother concessions required to be providedfor Scheduled Castes and other specialcategories of persons in accordance withthe orders issued by the Government fromtime to time in that regard.

For and on behalf of the ExecutiveCommittee.

Sd/- Director General (GIPARD, Ela, OldGoa).

Porvorim, 17th January, 2017.


2062

SCH

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2

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4

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1

2

3

4

5

6

7

8

9

10

1

1

12

13

empl

oyee

sof

GIP

AR

Dup

to fi

veye

ars)

.

(4) 3

mon

ths

cert

ifica

teco

urse

in c

omp

uter

s.

(5)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.

01(2

017)

.N

ot e

xcee

d-

ing

45

year

s(R

elax

able

for G

over

n-m

ent

Serv

ants

upto

five

year

s in

acco

rdan

cew

ith

inst

ruct

ions

or o

rder

sis

sued

by

the

Gov

ern-

men

t an

dre

laxa

ble

for

emp

loye

es o

fG

IPA

RD

upto

five

year

s).

Gro

up‘C

’.R

s.9,

300-

34,8

00+

Gra

de

Pay

Rs.

4,20

0.

Sele

c-

tion

No.

Two

year

s.P

rom

otio

n:U

DC

cum

Acc

ount

scl

erk

faili

ngw

hich

by

Tran

sfer

on

dep

utat

ion,

faili

ng b

oth,

by

dir

ect

recr

uitm

ent.

Acc

oun-

tant

.P

rom

otio

n:

Up

per

Div

i-si

on

Cle

rk/A

cco

un

tsC

lerk

, w

ith

fiv

e ye

ars

reg

ula

r se

rvic

e in

th

eg

rad

e.

Tra

nsf

er o

n d

epu

tati

on:

Off

icia

l h

old

ing

a

na

na

log

ou

s p

ost

fro

mco

mm

on c

adre

of D

irec

-to

rate

of A

ccou

nts.

Dir

ecto

r--G

ener

alG

IPA

RD

--C

hair

man

,Jo

int

Secr

etar

y,R

ura

lD

evel

opm

ent-

-Mem

ber,

Join

tSe

cret

ary/

/Ad

dit

iona

lSe

cret

ary,

Pers

onne

l--M

embe

r.

6.E

ssen

tial

:

(1)

Bac

hel

or i

n C

om-

mer

ce fr

om a

reco

gniz

edun

iver

sity

.

(2) T

hree

yea

rs e

xper

i-en

ce in

acc

oun

ts w

ork

(Com

mer

cial

sys

tem

)up

to fi

nal

izat

ion

.

(3) 3

mon

ths

cert

ifica

teco

urse

in c

omp

uter

s.

(4)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.

01(2

017)

.N

ot e

xcee

d-

ing

45

year

s(R

elax

able

for G

over

n-m

ent

Serv

ants

upto

five

year

s in

acco

rdan

cew

ith

Gro

up‘C

’.R

s.5,

200-

20,2

00+

Gra

de

Pay

Rs.

2,40

0.

Sele

c-ti

onN

o.Tw

oye

ars.

By

pro

mot

ion,

faili

ng w

hich

,b

y tr

ansf

er o

nd

eput

atio

n,fa

iling

bot

h,b

y d

irec

tre

crui

tmen

t.

Upp

erD

ivis

ion

Cle

rk c

umA

ccou

nts

Cle

rk.

Pro

mot

ion

: L

ower

Div

i-si

on C

lerk

wit

h t

hre

eye

ars

reg

ular

ser

vice

inth

e G

rad

e.

Dir

ecto

r--G

ener

alG

IPA

RD

--C

hair

man

,Jo

int

Secr

etar

y,R

ura

lD

evel

opm

ent-

-Mem

ber,

Join

t

Ess

enti

al:

(1)

Bac

hel

or i

n C

om-

mer

ce o

r eq

uiv

ale

nt

deg

ree

from

a r

ecog

-ni

zed

uni

vers

ity.

(2)

Exp

erie

nce

in w

rit-

ing

Cas

h B

ook,

Led

ger

and

mai

nta

inin

g o

ther

rela

ted

reg

iste

rs.

7.


2066

1

2

3

4

5

6

7

8

9

10

11

1

2

1

3

inst

ruct

ions

or o

rder

sis

sued

by

the

Gov

ern-

men

t an

dre

laxa

ble

for

empl

oyee

sof

GIP

AR

Dup

to fi

veye

ars)

.

Secr

etar

y//A

dd

itio

nal

Secr

etar

y,Pe

rson

nel-

-Mem

ber.

(3) 3

mon

ths

cert

ifica

teco

urse

in c

omp

uter

s.

(4)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.

01(2

017)

.N

ot e

xcee

d-

ing

45

year

s(R

elax

able

for G

over

n-m

ent

Serv

ants

upto

five

year

s in

acco

rdan

cew

ith

inst

ruct

ions

or o

rder

sis

sued

by

the

Gov

ern-

men

t an

dre

laxa

ble

for

emp

loye

es o

fG

IPA

RD

upto

five

year

s).

Gro

up‘C

’.R

s.5,

200-

20,2

00+

Gra

de

Pay

Rs.

2,40

0.

N. A

.N

.A.

Two

year

s.B

y d

irec

tre

crui

tmen

t,fa

iling

whi

ch,

by

tran

sfer

on

dep

utat

ion.

Juni

orSt

enog

ra-

pher

.

Tra

nsf

er o

n d

epu

tati

on:

Off

icia

l h

old

ing

an

alo-

gou

s p

ost

from

Gov

ern

-m

ent D

epar

tmen

t.

Dir

ecto

r--G

ener

alG

IPA

RD

--C

hair

man

,Jo

int

Secr

etar

y,R

ura

lD

evel

opm

ent-

-Mem

ber,

Join

tSe

cret

ary/

/Ad

dit

iona

lSe

cret

ary,

Pers

onne

l--M

embe

r.

Ess

enti

al:

(1)

Hig

her

Sec

ond

ary

Scho

ol C

erti

ficat

e fr

oma

reco

gn

ised

Boa

rd o

rA

ll I

nd

ia C

oun

cil

for

Tech

nic

al E

du

cati

on’s

ap

pro

ve

d

Dip

lom

aaw

ard

ed b

y a

reco

g-

niz

ed S

tate

Boa

rd o

fTe

chn

ical

Ed

ucat

ion

or

equi

vale

nt q

ualif

icat

ion

from

a re

cog

nise

d In

sti-

tuti

on.

(2) S

pee

d o

f 100

w.p

.m.

in s

hort

hand

and

spe

edof

35

w.p

.m.

in t

ype-

wri

ting

.

(3) 3

mon

ths

cert

ifica

teco

urse

in c

omp

uter

s.

(4)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.

8.


2067

03(2

017)

.N

ot e

xcee

d-

ing

45

year

s(R

elax

able

for G

over

n-m

ent

Serv

ants

upto

five

year

s in

acco

rdan

cew

ith

inst

ruct

ions

or o

rder

sis

sued

by

the

Gov

ern-

men

t an

dre

laxa

ble

for

emp

loye

es o

fG

IPA

RD

upto

five

year

s).

Gro

up‘C

’.R

s.5,

200-

20,2

00+

Gra

de

Pay

Rs.

1,90

0.

N. A

.N

o.Tw

oye

ars.

12½

% b

ypr

omot

ion

from

Gro

up‘C

’ em

plo

yees

,fa

iling

whi

ch,

by

dir

ect

recr

uitm

ent

and

87½

% b

ydi

rect

recr

uitm

ent.

Low

erD

ivis

ion

Cle

rk.

Pro

mot

ion

: M

ult

i Ta

sk-

ing

Staf

f em

ploy

ees

wit

hth

ree

y

ea

rs

reg

ula

rse

rvic

e in

th

e g

rad

e,p

osse

ssin

g S

econ

dar

yS

cho

ol

Ce

rtif

ica

te o

re

qu

iva

len

t fr

om

a

reco

gn

ised

Boa

rd/I

nst

i-tu

tion

an

d s

pee

d o

f 30

w.p

.m. i

n ty

pew

riti

ng in

Eng

lish.

Tra

nsf

er o

n d

epu

tati

on:

Pers

ons

hold

ing

an

alo-

gou

s p

ost

from

Gov

ern

-m

ent D

epar

tmen

t.

Dir

ecto

r--G

ener

alG

IPA

RD

--C

hair

man

,Jo

int

Secr

etar

y,R

ura

lD

evel

opm

ent-

-Mem

ber,

Join

tSe

cret

ary/

/Ad

dit

iona

lSe

cret

ary,

Pers

onne

l--M

embe

r.

Ess

enti

al:

(1)

Hig

her

Sec

ond

ary

Scho

ol C

erti

ficat

e fr

oma

reco

gn

ised

Boa

rd o

rA

ll I

nd

ia C

oun

cil

for

Tech

nic

al E

du

cati

on’s

ap

pro

ve

d

Dip

lom

aaw

ard

ed b

y a

reco

g-

niz

ed S

tate

Boa

rd o

fTe

chn

ical

Ed

ucat

ion

or

equi

vale

nt q

ualif

icat

ion

from

a re

cog

nise

d In

sti-

tuti

on.

(2) 3

mon

ths

cert

ifica

teco

urse

in c

omp

uter

s.

(3)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.

9.1

2

3

4

5

6

7

8

9

10

11

1

2

1

3

01(2

017)

.N

ot e

xcee

d-

ing

45

year

s(R

elax

able

for G

over

n-m

ent

Serv

ants

upto

five

year

s in

acco

rdan

cew

ith

inst

ruct

ions

or o

rder

sis

sued

by

the

Gov

ern-

men

t an

dre

laxa

ble

for

emp

loye

es o

fG

IPA

RD

upto

five

year

s).

Gro

up‘C

’.R

s.5,

200-

-20,

200

+G

rad

ep

ay Rs.

2,40

0.

N. A

.N

. A.

Two

year

s.B

y d

irec

tre

crui

tmen

t,fa

iling

whi

ch,

by

Tran

sfer

ond

eput

atio

n.

Libr

ary

Ass

ista

nt.

Tra

nsf

er o

n d

epu

tati

on:

Pers

ons

hold

ing

an

alo-

gou

s p

ost

from

Gov

ern

-m

ent D

epar

tmen

t.

Dir

ecto

r--G

ener

alG

IPA

RD

--C

hair

man

,Jo

int

Secr

etar

y,R

ura

lD

evel

opm

ent-

-Mem

ber,

Join

tSe

cret

ary/

/Ad

dit

iona

lSe

cret

ary,

Pers

onne

l--M

embe

r.

Ess

enti

al:

(1) G

rad

uate

or e

qui

va-

len

t d

eg

ree

fro

m a

reco

gni

zed

uni

vers

ity.

(2)

Bac

helo

r in

Lib

rary

Scie

nce.

(3) O

ne y

ear e

xper

ienc

ein

the

gra

de.

(4)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.

10.


2068

03(2

017)

.N

ot e

xcee

d-

ing

45

year

s(R

elax

able

for G

over

n-m

ent

Serv

ants

upto

five

year

s in

acco

rdan

cew

ith

inst

ruct

ions

or o

rder

sis

sued

by

the

Gov

ern-

men

t an

dre

laxa

ble

for

emp

loye

es o

fG

IPA

RD

upto

five

year

s).

Gro

up‘C

’.P

B-1

Rs.

5,20

0--2

0,20

0+

Gra

de

pay Rs.

1,80

0.

N. A

.N

. A.

Two

year

s.b

y d

irec

tre

crui

tmen

tfa

iling

whi

ch,

by,

Tra

nsfe

ron

dep

utat

ion.

Mul

tiTa

skin

gSt

aff.

Tra

nsf

er o

n d

epu

tati

on:

Pers

ons

hold

ing

an

alo-

gou

s p

ost

from

Gov

ern

-m

ent D

epar

tmen

t.

Dir

ecto

r--G

ener

alG

IPA

RD

--C

hair

man

,Jo

int

Secr

etar

y,R

ura

lD

evel

opm

ent-

-Mem

ber,

Join

tSe

cret

ary/

/Ad

dit

iona

lSe

cret

ary,

Pers

onne

l--M

embe

r.

Ess

enti

al:

(1)

Pass

ed S

econ

dar

yS

cho

ol

Ce

rtif

ica

teE

xa

min

ati

on

fro

m a

reco

gniz

ed B

oard

/Ins

ti-

tuti

on.

OR

Pa

sse

d C

ou

rse

co

n-

du

cted

by

Ind

ust

rial

Tra

inin

g I

nst

itu

te o

req

uiv

alen

t q

ual

ific

a-ti

on, i

n r

elev

ant

trad

e,fr

om a

reco

gni

zed

Inst

i-tu

tion

.N

ote:

C

ou

rse

co

n-

du

cted

by

Ind

ust

rial

Tra

inin

g I

nst

itu

te o

req

uiv

alen

t q

ual

ific

a-ti

on, i

n r

elev

ant

trad

e,m

ay b

e co

nsi

der

ed i

nca

se p

osts

rel

ates

to

tech

nica

l wor

k.

(2)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

(i)

Kn

ow

led

ge

o

fM

arat

hi.

(ii)

Mul

ti-t

aski

ng

ski

llssu

ch a

s kn

owle

dg

e of

oper

ati

ng

off

ice

ma

-ch

ines

in

clud

ing

com

-pu

ters

.

11.

1

2

3

4

5

6

7

8

9

10

11

1

2

1

3


2069

Notification

1/3/2015-PER/760

In exercise of the powers conferred by theproviso to Article 309 of the Constitution ofIndia and in supersession of the GovernmentNotification No. 1/6/74-PER (Vol. IV) dated22-01-2001, published in the Official Gazette,Series I No. 44 dated 01-02-2001, the Governorof Goa hereby makes the following rules toregulate the recruitment to the Goa GeneralService, Group ‘B’, Gazetted, Non-Ministerialpost, in the Department of Handicrafts, Textile& Coir, Government of Goa, namely:—

1. Short title, application and commence-ment.— (1) These rules may be called theGovernment of Goa, Department ofHandicrafts, Textile & Coir, Group ‘B’,Gazetted, Non-Ministerial post, RecruitmentRules, 2017.

(2) They shall apply to the post specifiedin column (1) of the Schedule to these rules(hereinafter called as the “said Schedule”).

(3) They shall come into force from the dateof their publication in the Official Gazette.

2. Number, classification and scale of pay.—The number of posts, classification of the saidpost and the scale of pay attached thereto shallbe as specified in columns (2) to (4) ofthe said Schedule:

Provided that the Government may varythe number of posts specified in column (2) ofthe said Schedule from time to time subjectto exigencies of work.

3. Method of recruitment, age limit andother qualifications.— The method ofrecruitment to the said post, age limit,qualifications and other matters connected

therewith shall be as specified in columns (5)to (13) of the said Schedule.

4. Disqualification.— No person who hasentered into or contracted a marriage with aperson having a spouse living or who, havinga spouse living, has entered into or contracteda marriage with any person, shall be eligiblefor appointment to the service:

Provided that the Government may, ifsatisfied that such marriage is permissibleunder the personal law applicable to suchperson and the other party to the marriage andthat there are other grounds for so doing,exempt any person from the operation of thisrule.

5. Power to relax.— Where the Governmentis of the opinion that it is necessary orexpedient so to do, it may, by order, for reasonsto be recorded in writing and in consultationwith the Goa Public Service Commission, relaxany of the provisions of these rules with respectto any class or category of persons.

6. Saving.— Nothing in these rules shallaffect reservations, relaxation of age limit andother concessions required to be providedfor Scheduled Castes and other specialcategories of persons in accordance withthe orders issued by the Government fromtime to time in that regard.

These rules are issued in consultation withhe Goa Public Service Commission conveyedvide their letter No. COM/II/13/73 (1)/16/1506dated 15-12-2016.

By order and in the name of the Governorof Goa

Yetindra M. Maralkar, Additional Secretary(Personnel).

Porvorim, 20th March, 2017.


2070

SCH

ED

ULE

1

2

3

4

5

6

7

8

9

10

1

1

1

2

1

3

Nam

e//D

esig

-na

tion

of post

Whe

ther

sele

c-ti

onpo

st o

rno

n--s

elec

-ti

onpo

st

Age

lim

itfo

r di

rect

recr

uits

Peri

odof

prob

a-tio

n, i

fan

y

Met

hod

ofre

crui

tmen

t,w

heth

er b

y di

rect

recr

uitm

ent

orby

pro

mot

ion

or b

y de

puta

tion/

/tran

sfer

/con

trac

tan

d pe

rcen

tage

of t

he v

acan

cies

to b

e fil

led

by

vari

ous

met

hods

In c

ase

of r

ecru

itmen

t by

prom

otio

n//d

eput

atio

n//tr

ansf

er,

grad

esfr

om w

hich

pro

mot

ion/

/dep

utat

ion/

/tran

sfer

is

to b

e m

ade

Educ

atio

nal

and

othe

r qu

alifi

catio

nsre

quire

d fo

rdi

rect

rec

ruits

Cla

ssifi

-ca

tion

Whether age & educationalqualifications prescribed for thedirect recruits will apply in the

case of promotees

Num

ber

ofpo

sts

Leve

lin

the

Pay

Mat

rix

If a

D.P

.C.

exis

ts,

wha

t is

itsco

mpo

-si

tion

Circ

um-

stan

ces

inw

hich

the

Goa

Pub

licSe

rvic

eC

omm

issi

onis

to b

eco

nsul

ted

inm

akin

gre

crui

tmen

t

01(2

017)

(Sub

ject

tova

riat

ion

depe

n-de

nt o

nw

orkl

oad)

.

Sele

ctio

n.G

oaG

ener

alSe

rvic

e,G

roup

‘B’,

Gaz

et-

ted,

Non

--M

inis

teri

al.

L-6

.N

otex

ceed

ing

45 y

ears

(Rel

axab

lefo

r Gov

ern-

men

tse

rvan

tsup

to fi

veye

ars

inac

cord

ance

wit

h th

ein

stru

ctio

nsor

ord

ers

issu

ed b

yth

e G

over

n-m

ent f

rom

tim

e to

tim

e).

Ag

e: N

o.E

du

ca-

tion

alq

ualif

i-ca

tion

:N

. A.

Two

year

s.B

y p

rom

otio

n,fa

iling

whi

ch,

by

dir

ect

recr

uitm

ent.

Tech

nica

lO

ffic

er.

Prom

otio

n:Te

chni

cal

Ass

itan

t(H

and

loom

)w

ith

min

imum

fiver

yea

rsre

gul

ar s

ervi

cein

the

gra

de.

Gro

up‘B

’ D

.P.C

. co

n-

sist

ing

of:—

(1)

Ch

air

ma

n/

/Mem

ber

, G

oaP

ub

lic

Ser

vice

Com

mis

sion

—C

hair

man

.

(2)

Chi

ef S

ecre

-ta

ry o

r his

nom

i-ne

e—M

embe

r.

(3)

Ad

min

istr

a-ti

ve S

ecre

tary

//H

ead

of D

epar

t-m

ent—

Mem

ber.

(for c

onfir

mat

ion

and

pro

mot

ion)

.

Con

sult

a-ti

on w

ith

the

Goa

Pub

licSe

rvic

eC

omm

is-

sion

isne

cess

ary

for m

akin

gdi

rect

recr

uit-

men

t,pr

omot

ion,

conf

irm

a-ti

on, a

ndfo

ram

end

ing

//r

elax

ing

any

of t

hepr

ovis

ions

of th

ese

rule

s.

Ess

enti

al:

(1)

Deg

ree

in H

and

loom

Tech

no

log

y/H

an

dlo

om

and

Tex

tile

Tec

hn

olog

y,fr

om

a

re

cog

nis

ed

Un

iver

sity

/In

stit

utio

n o

req

uiva

lent

.

Faili

ng w

hich

(1)

Thr

ee y

ears

Dip

lom

ain

Han

dlo

om T

echn

olog

y//H

and

loom

an

d T

exti

leT

ech

no

log

y

fro

m

are

cog

niz

ed U

niv

ersi

ty/

/Ins

titu

tion

or e

qui

vale

nt.

(2)

Fiv

e ye

ars

exp

erie

nce

in t

he

fie

ld o

f T

ex

tile

De

sig

nin

g/W

ea

vin

g/

/Pro

cess

ing

aft

er o

bta

in-

ing

the

Deg

ree

or D

iplo

ma.

(3)

Kn

ow

led

ge

o

fK

onka

ni.

Des

irab

le:

Kn

owle

dg

e of

Mar

athi

.


2071

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