OFFICIAL GAZETTE - GOVT.OF GOASERIES 'I No. 25 22ND SEPTEMBER, 2011

Homoepathy and Unani and having affiliationwith Goa University.

2. Educational Institution imparting education, }other than medical education, upto graduationand post graduation level and affiliated to the GoaUniversity.

Director of Higher Education, GovernmentofGoa.

3. Educational Institution imparting TechnicalEducation upto graduation and post gra-duation level and affiliated to the Goa Univer-sity and also imparting diploma courses,affiliated to Board of Technical Education,Porvorim-Goa.

} Director ofTechnical Education, GovernmentofGoa.

4. Secondary and Higher Secondary EducationalInstitution affiliated to the Goa Board ofSecondary and Higher Secondary Education.

} Director of Education, Government of Goa

The Educational Institution which has availed the benefit of remission of stamp duty byvirtue of this order shall use the flat/building/land only for educational purpose, failing which,the Educational Institution shall be liable to pay the remitted stamp duty forthwith. This Orrieishall come into force from the date of its publication in the Official Gazette.

This issues in supersession of Government Order No. 7/2/82-FIN(R&C) dated 3-3-1983,'published in the Official Gazette, Series lINo. 50, dated 10-3-1983 and with the concurrence ofFinance (R&C) Department vide U. O. No. 1417451-F dated 14-7-2011.

By order and in the name of the Governor of Goa.

Pandharinath N. Naik, Under Secretary (Revenue-I).

Porvorim, 19th September, 2011.

--u.--Department of Social Welfare

Goa Human Rights Commission

Notification

1/2011

Goa Human Rights Commission(Procedure) Regulations, 2011,

In exercise of the powers conferred by sub-section (2) of Section 10 read with Section 29 ofthe Protection of Human Rights Act,1993 (Central Act 10 of 1994) the Goa Human RightsCommission hereby makes the following Regulations, namely:-

1. Short title and commencement.- (1) These Regulations may be called the GaR Hlll11(1~.

Rights Commission (Procedure) Regulations, 2011.

(2) They shall come into force with immediate effect.

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CHAPTER - I

2. Definitions.- (1) In these, Regulationsunless the context otherwise requires,-

(a) "Act" means the Protection ofHuman Rights Act, 1993 (Central Act 10 of1994);

(b) "Code" means the Code of CivilProcedure, 1908 (Central Act 5 of 1908);

(c) "Commission" means the Goa HumanRights Commission.

(d) "Complaint" means all petitions orcommunications received in theCommission from a victim or any otherperson on his behalf, in person, by post, bytelegram or by any other means whatsoever,alleging violation or abetment thereof ornegligence in the prevention of suchviolation, by a public servant, of all or anyof the human rights;

(e) "Single Bench" means a Benchconsisting of the Chairperson or a Memberof the Commission as constituted by theChairperson.

(f) "Division Bench" means a Benchconsisting of the Chairperson and memberor two merribers of the Commission asconstituted by Chairperson;

(g) "Full Bench" means a Benchconsisting of the Chairperson and both themembers of the Commission.

(h) "Regulation" means Regulationsframed by the Commission under Section(2) of Section 10 read with Section 29 ofthe Act;,

(i) "Secretary" means Secretary of theCommission;

(2) Words and expressions not defined inthese Regulations shall, to the extent definedin the Act, have the same meaning as assignedto them therein.

3. Head Quarters of the Commission.- TheHead Quarters of the Commission shall beat Panaji-Goa.

4. Venue of the meetings.- The Commissionshall ordinarily hold its meetings and sittingsin its office located at Panaji. However, it may,in the discretion of the Chairperson, hold itssittings at any other place in Goa, if it considersthe same necessary and expedient.

5. Periodicity of meetings.- Except duringthe vacations, the Commission shall normallyhave its regular sittings on all working daysin the 2nd and 4th week of eve i y month.However, the Chairperson either sue-motu 01

at the instance of one or more members, maydirect a special sitting of the Commission tobe convened to consider any specific matterof urgency.

6. Secretarial Assistance.- The Secretaryalongwith such other officers of theCommission, as may be directed by theChairperson, shall attend the meetings andsittings of the Commission.

7. Agenda.- The Secretary shall, inconsultation with the Chairperson prepare theagenda for each meeting of the Commissionand shall cause note thereon to be preparedby the Secretariat. Such notes shall, as far aspossible be self-contained. Specific filesrelated to the agenda items shall be madeavailable to the Commission for reference TJwagenda papers shall ordmarily be circulatedto the Chairperson and Members at least twoclear days prior to every meeting. Whenmatters are set down only for hearing, causelist of the day of sitting shall be prepared andcirculated. The Commission may however:take up any matter for d e lib e rat io nIconsideration, which is not included in theagenda or in the cause list.

CHAPTER - II

Procedure fordealing withcomplaints orsuo-motuaction

8. Procedure for dealing with Complaints.-(1) Complaints may be made to the

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Commission in Konkani, Marathi, Hindi orEnglish. However, the Commission mayentertain complaints in other languages in itsdiscretion.

(2) No fee shall be chargeable on suchcomplaints.

(3) The complaint should disclose all factsrelevant to the matter complained against. TheCommission may, if necessary, call for furtherinformation and may direct affidavits to be filedin support of the allegations, wheneverconsidered necessary.

(4) The Commission, may in its discretion,entertain complaints conveyed through emailor fax, .followed by confirmation by thecomplainant.

9. Complaints not ordinarily entertaina-ble.- 'The Commission may not entertaincomplaints,-

(a) which are vague or anonymous orpseudonymous or trivial or frivolous innature;

(b) which are pending before any otherCommission;

(c) which raise dispute of civil nature,such as property rights or contractualobligations; .

(d) which relate to service matters orindustrial disputes;

(e) which are not against any publicservant;

(f) which do not make out any specificviolation of human rights;

(g) which are covered by a judicialverdict or decision of the Commission;

(h) which are outside the purview of theCommission.

10. Procedure regarding complaints.- (1)The complaints shall be entered in a Registerin seriatim and a proceeding number shall beallotted to the same.

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(2) Every complaint shall be placed beforethe Commission with utmost expedition.The complaints, which require urgentconsideration, shall be placed before theCommission immediately.

(3) All complaints relating to custodial death,custodial torture, cu s t od i a l rape, illegaldetention shall be normally heard by a DivisionBench of the Commission, while the cases ofother types shall be placed before a SingleBench unless otherwise directed by theChairperson keeping in view the nature of aparticular case. A Single or Division Bench,as the case may be, refer a case pendingbefore it to Division Bench or Full Benchrespectively for reasons to be recorded byit. The Chairperson may place any matterbefore a Division Bench or Full Bench in hisdiscretion.

(4) The Commission may ask the parties totender evidence on affidavits. The Commissionmay allow further examination and cross--examination of the person whose evidencehas been tendered on affidavit,

(5) If any working day is declared as aholiday by the State Government, then thecases listed for that day should be taken upon the next working day.

11. Preliminary consideration, issue ofnotice, etc.- (1) If on consideration of thecomplaint, the Commission dismisses thecomplaint in limine, the said order shall becommunicated to the complainant.

(2) If on consideration of the complaint orsuo-motu the Commission admits or takescognizance and directs Issue of notice tc anyauthority calling upon it to furnish informationor report, a notice shall be issued, enclosing acopy of the complaint and the order of theCommission under the signature of theSecretary/Under-Secretary.

12. Recording of orders or proceedings.-Orders of the Commission shall be recordedin the order sheet, Orders, which are lengthy,may be recorded on separate sheets andappended to the order sheet.

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22ND SEPTEMBER, 2011

13. Summons.- (a) The Commission maydirect to issue summons in the mannerprescribed in the code to-

(i) the Complainant or any other personon his behalf to afford him a personalhearing; or

(ii) any other person who, in the opinionof the Commission, should be heard forappropriate disposal of the matter before it;or

(iii) any person to cause productionof records required by the Commission;or

(iv) any person to be examined as awitness; or

(v) any person whose conduct is inquiredinto by it; or

(vi) any person whose reputation, in theopinion of the Commission, is likely to beprejudicially affected.

(b) The case in which summons has beenissued for personal appearance of a personshall be placed before the Commission on thedate shown in the summons for such personalappearance.

14. Calling for investigation report.- (1)Whenever the Commission ordersinvestigation to' be undertaken by itsInvestigation Team or by any otherinvestigating agency of the Central or StateGovernment as provided in Section 14 ofthe Act, a copy of such order alongwith copiesof the papers relevant thereto shall befurnished forthwith to such InvestigationTeam calling upon it to conduct theinvestigation and submit its report within thetime specified in the order.,

15. Provision for making inquiry.- (1) TheCommission may, in its discretion, directfurther investigation in a given case if it is ofthe opinion that investigation has not beenproper or the matter, requires furtherinvestigation for ascertaining the truth orenabling it to properly dispose of the matter.

(2) The Commission un Its own motion, Ul Ifmoved in the matter, may direct inquiry to becarried by it and receive evidence in courseof such inquiry.

16. The Commission or any of its memberswhen requested by the Ch a ir pe i son 111 a yundertake visits for an on the spot study andwhere such study is undertaken by one ormore members, a report thereon shall befurnished to the Commission as early aspossible.

17. Communication of Recomrnencieuons..-:

When the Commission, upon completion of theinquiry, makes any recommendation, a copyof the report alongwith a copy of therecommendation, shall be sent to theconcerned authority calling upon it to furriis hits comments on the report inc lud r nq theaction taken or proposed to be taken, within aperiod of one month from the date of receiptof order or recommendations made by theCommission or within such time as theCommission may allow.

18. Steps after calling for cominents.- (1) Ifno comments are received within the timeallowed under Regulation 17, the case shallbe placed before the Commission forthwith fotfurther direction.

(2) If comments are received, the case shallbe placed by the Secretary/Under-Secretarybefore the Commission with a briefnote containing the following particulars,namely:-

(i) Whether the recommendation IS

accepted by the Government or theconcerned authority; if so, whether in fullor in part;

(ii) The action, if any, taken or proposedto be taken by the Government 01 Itsconcerned authority;

(iii) The reasons, if any, given for notaccepting the recommendation; and

SERIES I 'No. 25OFFICIAL GAZETTE - GOVT. OF GOA

22ND SEPTEMBER. 2011

(iv) The action that may be takenpursuant to the comments received.

(3) On consideration of the commentsreceived alongwith note referred to in clause(2), the Commission may pass such order, asit deems just and proper.

19. Mode of Communication.- Unlessotherwise directed, all communicationsfrom the Commission shall be sent by ordinarypost.

20. Review.- If any. application seekingmodification or review of the order orproceedings passed by the Commission isreceived, the same shall be placed before thesame Benc~ which made the order, alongwiththe case file and a brief note on the points madeout in such application and the same shall bedisposed of by such order as may be deemedproper by such Bench.

21. Procedure regarding suo-motu action.-The procedure contained in this Chapter shallmutatis mutandis apply to suo-motu actiontaken by the Commission.

22. Preparation of Statements.- TheSecretary shall cause to prepare such weekly,monthly, quarterly, half-yearly statements orreturns or reports in such form as may beprescribed by the Commission or Chairpersonfrom time to time.

CHAPTER - HI

Miscellaneous

23. Minutes of the Meeting.- (1) Theminutes of each meeting of the Commissionshall be recorded during the meeting itself orimmediately thereafter by the Secretary or byany other officer as directed. Such minutesshall be submitted to the Chairperson for hisapproval and upon approval, be circulated toall the Members of the Commission at theearliest and in any case, before thecommencement of the next meeting.

(2) The conclusions of the Commission inevery matter shall be recorded in the form of

586

an opinion. Dissenting opi nioris , if any, shallalso form part of the record and be kept onrecord. Action shall be taken on the basis ofthe majority opinion if there is any differencein opinions.

24. Record of Minutes.- A master copy ofthe minutes of every meeting and decrsionsof the Commission shall be maintained in aProceedings Book, duly authenticated by theSecretary, and a copy of the minutespertaining to each item shall be added to therelevant file for appropriate action, andauthenticated copies thereof shall be kept 111

the respective Division and for converuerice.copies thereof with appropriate iridexinq shallbe kept in guard files.

25, Report of action taken.- Re pot t offollow up action shall be submitted to thoCommission at every subsequent s it t inq ,indicating therein the present stage of actioion each item on which the Commission hadtaken decision in any of its earlier meetings,excepting the items on which no further actionis called for.

26. Authentication of orders anddecisions.- (1) Orders and decisions of theCommission shall be authenticated by theSecretary or any officer of the Commissionas authorized by the Chairperson, whoshall be not below the rank of an Urid e i-

-Secretary.

(2) Copies of enquiry reports or orderspassed finally disposing of matters by theCommission shall be furnished free of costto the Complainant/Petitioner or hisrepresentatives.

(3) Unless any document is classified by theCommission as confidential, copy thereof shallbe made available to the parties in the matteron demand, on payment of cost as prescribedby the Commission from time to time unlessthe Commission decides ot her wise. Eve i Yeffort should be made to provide thecopies with utmost expedition and in anycase, not later than two weeks of the date ofrequest.

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27. Annual Report.- The Commission shallfurnish its Annual Report for the periodcommencing from 1st April of the year to 31stMarch of the succeeding year to the StateGovernment as provided in sub-section (1) ofSection 20 of the Act. The original report shallbe signed by the Chairperson and Membersof the Commission and appropriatelypreserved and a duly authenticate copy shallbe sent to the Government by end of June ofevery year.

28. Special Reports=-: The Commission mayfurnish such Special Reports on specificmatter as may be considered necessary interms of sub-section (1) of Section 20 of theAct.

29. Printing of the Reports.- The Secretariatof the Commission shall be responsible for theprinting of the Annual Report and SpecialReports with utmost expedition and in anycase not later than three months of finalizationof the same.

30. Investigation Team.- The Commissionshall have its own team of investigation to beheaded by a person not below the rank of an

Inspector General of Police and such teamofficers as the Commission from time to timedecides. The Commission may, in its discretionappoint adequate number of outsiders to beassociated with the Investigation Team eitheras Investigators or Observers.

31. Power to remove diiiicult ies>« If anydifficulty arises in giving effect to theprovisions of the Act or these Regulations, theChairperson, by order, as occasion requires,do anything (not inconsistent with theprovisions of the Act and these Regulations)which appears to him to be necessary f)J

the purpose of removing the difficulty.

32. Amendments and Additions.- It shallbe competent for the Commission to add,delete and amend these Regulations fromtime to time and to is s u e a p p i opri a t edirections or orders on any matter not COVt;lu,J

by these Regulations.

Justice P K. Mishra, - Chairman.

A. D. Salkar, - Member.

J. A. Keny, - Member.

Panaji, 16th September, 2011.

\\'\V\\ .goaJ1rint i ngl1l.•..:SS.gll\ .111

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