CourtMesh

Section 5: Repeal and Saving

The Goa Administrative Tribunal Act, 1965Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 6 of 1965

(1) The Goa Administrative Tribunal Rules, 1966, are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the rules so repealed shall, unless such thing or action is inconsistent with the provisions with these rules, be deemed to have been done or taken under the corresponding provisions of these rules.

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

N. P. Singnapurker, Under Secretary (Estt.).

Porvorim, 31st May, 2010.

[Published in the Official Gazette, Series I No. 9 (Extraordinary) dated 31-5-2010].

_______ Law and Judiciary Department –– Notification LD/Adm./Tri./486/R/75 In exercise of the powers conferred by clause (b) of sub-section (2) of Section 13 of the Goa, Daman and Diu Administrative Tribunal Act, 1965 (6 of 1965) and all other powers enabling him in this behalf, the Lt. Governor of Goa, Daman and Diu hereby makes the following rules, namely:—

1. Short title and commencement.–– (1) These rules may be called the Goa, Daman and Diu Administrative Tribunal (Powers of Civil Court) Rules, 1976.

(2) They shall come into force at once.

2. Tribunal to have powers of Civil Court.–– The Tribunal shall in exercising its original, appellate or revisional jurisdiction in any application, petition, appeal or other proceedings filed before it, have all the powers which are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908).

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

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

Panaji, 31st December, 1976.

[Published in the Official Gazette, Series I No. 40 (Extraordinary) dated 31-12-1976].

Manual of Goa Laws (Vol. I) – 103– Administrative Tribunal Act & Rules Administrative Tribunal –– Notification ADM/TRI/REG/1/71 In exercise of the powers conferred by Section 14 of the Administrative Tribunal Act, 1965 and with the previous sanction of the Government of Goa, Daman and Diu the Chairman of the Administrative Tribunal hereby frames the following regulation.

1. Short title.–– (a) This regulation may be called the Goa, Daman and Diu Administrative Tribunal *Regulation, 1971.

(b) This shall come into force at once.

1[“2. The members of the Tribunal shall sit in three Benches, namely:–– BENCH No. I BENCH No. II and BENCH No. III”].

3. The Chairman may by notification in the Official Gazette appoint/transfer any member of the Tribunal to any Bench from time to time keeping in view the exigencies of the work to be dealt with by the Tribunal.

4. The Chairman may, from time to time issue directions for allotment of the work to the Benches with reference to the Acts under which any petition, appeal, review or revision is to be heard by the Tribunal keeping in view the exigencies of the work.

5. The Registrar of the Tribunal shall mark the cases triable by each Bench as per the directions of the Chairman.

6. As amongst the members of a Bench the cases would be distributed on the basis of lot to be drawn by the Registrar in open courts.

7. The Chairman may, suo moto or on an application of any party withdraw any case to be heard by a special Bench to be constituted by him for the purpose.

8. The Chairman may, suo moto, or on an application of any party, transfer any case pending before any Bench to a different Bench.

9. The hours and days of ordinary session of the Benches shall be notified by the Chairman in the Official Gazette.

*Stands impliedly repealed by (Amendment) Act, 1996, which provides that Tribunal shall consist of President only.

1Regulation 2 substituted by (Second Amendment) Regulations, 1976 (O. G., Series I No. 4 dated 22-4-1976. The original regulation 2 reads as follows:

“2. The members of the Tribunal shall sit in two Benches namely:

BENCH No. 1 and BENCH No. 2" Manual of Goa Laws (Vol. I) – 104– Administrative Tribunal Act & Rules 2[“10. The Chairman may, whenever it appear to him to be necessary and if the circumstance of the case so require, convene an extraordinary session of any or both of the Benches of the Tribunal.

11. In the absence of the Chairman, any Member of the Tribunal, possessing the qualifications prescribed for Chairman, shall act as a Chairman and proceed with the business:

Provided that where there are two or more members who fulfil the above qualifications, the senior most member shall act as Chairman”.]

O. P. Garg, Chairman, Administrative Tribunal.

Panaji, 22nd April, 1971.

(Published in the Official Gazette, Series I No. 5 dated 29-4-1971).

________ Notification No. LD/N/14/66/67-68 In exercise of the powers conferred by Section 13 of the Goa, Daman and Diu Administrative Tribunal Act, 1965, the Lieutenant Governor of Goa, Daman and Diu hereby makes the following rules namely:––

1. Short title.–– (1) These rules may be called the Goa, Daman and Diu Administrative Tribunal Fees Rules, 1968.

(2) They shall come into force on 1st February, 1968.

2. Rates of Court and Other Fees.–– In appeals and other proceedings instituted before the Tribunal, the rates of court fees and processes and other fees shall be as indicated in the schedule appended hereto.

3. Fees for Audit of Accounts.–– The fee chargeable by the Tribunal from an institution whose accounts are to be audited, shall be one percent of the total income of the institution for the year in question, provided however that the total fees shall, in any case, not exceed Rs. 200/-.

4. Payment of Fees of Experts.–– The fees and other allowances payable to experts appointed in connection with the proceedings before the Tribunal, shall be paid by the party appointing the expert. The fees of a neutral expert appointed by the Tribunal or at its instance, shall be borne equally by both the parties, subject to the orders, if any, relating to costs, passed by the Tribunal.

5. Pending proceedings.–– These rules shall not apply to proceedings instituted before their commencement, which shall be regulated by the rules in force prior to their commencement.

2Clauses 10 and 11 added by (Amendment) Regulations, 1970 (Official Gazette, Series I No. 14 dated 6-7-1972).

Manual of Goa Laws (Vol. I) – 105– Administrative Tribunal Act & Rules

6. Repeal.–– As from the commencement of these rules, the corresponding rules of the R. A. U., Provincial Legislative Diploma No. 252, dated 25-2-1927 and Rule 3 of the Goa, Daman and Diu Administrative Tribunal Rules, 1966, shall stand repealed.

SCHEDULE Part I Court Fees Nature of proceedings Rate of Fees Exemptions 1 2 3

(1) Petition of or memorandum Rs. 50/- Proceedings instituted by The State, the of appeal Government Pleader, the Procurador de Republica or his Delegate or the head of the Taluka Revenue offices, Administradores of Concelhos, Comunidades, or religious endowments in their official capacity.

(2) For the recording of evidence Rs. 25/- together –– do –– with expenses of a Commissioner if appointed Note: The exemption does not apply to fees of the Commissioner which would have to be paid in the first instance by the party at whose instance it is issued.

(3) For local enquiry inspection Rs. 25/- –– do –– or survey

(4) To bring heirs on record Rs. 25/- –– do ––

(5) For local enquiry inspection Rs. 50/- –– do –– or survey when a second enquiry, inspection or survey is ordered in respect of the same subject matter

(6) Petition for review Rs. 25/- –– do ––

(7) Other petitions or applications 50 paise –– do –– to the Tribunal The fees in respect of all the above items shall be payable by means of Court Fee Stamps.

Manual of Goa Laws (Vol. I) – 106– Administrative Tribunal Act & Rules Part II Copying Fees For a certified copy Fifty paise per page or part thereof.

For a summary of the proceedings Re. 1/- per page or part thereof.

Explanation:–– For the purposes of this rule a page should consist of 25 lines of 10 words each amounting to about 250 words.

Explanation 2:–– For a typed copy, double the above rates shall be charged.

_______ Part III Process Fees Fees for the issue of notices and processes The actual postal charges.

Fees for the summoning of record The actual postal charges.

________ Part IV Miscellaneous When at the instance of a party, the Tribunal or any of its staff has to proceed outside headquarter for any purpose other than for the service of summons, the actual travelling and other expenses shall be deposited by the party.

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

R. L. Segel, Law Secretary.

Panaji, 30th January, 1968.

(Published in the Government Gazette, Series I No. 45 dated 8-2-1968).

Manual of Goa Laws (Vol. I) – 107– Administrative Tribunal Act & Rules Law and Judicial Department ––– Notification LD/N/14/13/67-68-75 In exercise of the powers conferred by Section 13 of the Goa, Daman and Diu Administrative Tribunal Act, read with sub-section (1) (i) and (3) of section 7 of the said Act, the Lt. Governor of Goa, Daman and Diu is pleased to make the following rules, namely:

1. Short title and commencement.–– (1) These Rules may be called, “The Goa, Daman and Diu Administrative Tribunal (Affidavits) Rules, 1968”.

(2) They shall come into force on 15th January, 1969 and shall not apply to proceedings instituted or pending in the Administrative Tribunal (hereinafter called the “Tribunal”) before their commencement.

2. Entitling of affidavits.–– Every affidavit to be filed in the Tribunal shall have the title “In the Administrative Tribunal of Goa, Daman and Diu at Panaji”.

3. Entitling of affidavits relating to the proceeding pending in the Tribunal.–– An affidavit relating to a proceeding pending in the Tribunal shall have the title “In the matter of (state the proceeding and its number)” and shall set out the names and descriptions of the parties.

4. Entitling of affidavits in respect of cause not in the Tribunal.–– If there be no cause in the Tribunal the affidavit shall have the title “In the matter of the petition of ...”.

5. Statements of facts to be divided into paragraphs and numbered.–– Every affidavit containing any statement of facts shall be divided into paragraphs, and every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct part of the subject.

6. Affirmation by declarant from knowledge and belief. –– The declarant shall state what paragraphs or parts of his affidavit he swears or solemnly affirms to from his own knowledge and what paragraphs or parts he swears or solemnly affirms to on his own belief, stating the grounds of such belief.

7. Affirmation below petition sufficient compliance.–– When any petition is required to be supported by an affidavit by these rules, a declaration on solemn affirmation by the petitioner below the petition stating that the facts stated in the petition are true to the best of his own knowledge or belief would be sufficient compliance; and no separate affidavit, unless otherwise ordered by the Tribunal, shall be necessary.

8. Officer before whom affidavits and affirmation may be sworn or declared.–– Affidavits and affirmations to be used before the Tribunal may be sworn and affirmed before the Registrar of the Tribunal 1[“or any officers empowered by the Tribunal to administer oath in this behalf”].

1These words added by (Amendment) Rules, 1996 [Official Gazette, Series I No. 23 (Extraordinary) dated 5-9-1996].

Manual of Goa Laws (Vol. I) – 108– Administrative Tribunal Act & Rules

9. Language if not known, document to be interpreted by the Registrar or other Officer.–– (i) The Registrar administering the affirmation for the purpose of affidavits shall satisfy himself that the language in which the affidavit if sought to be made is known to the declarant.

(ii) If the language is not known or understood by the declarant the Registrar administering the affirmation shall, where the party is represented by an Advocate, require the said Advocate to certify in writing below the affidavit that the contents of the affidavit are interpreted and explained to the declarant in a language known to him and that the declarant has fully understood them.

(iii) Where the declarant is not represented by an Advocate, the Registrar administering the affirmation shall himself interpret the contents of the document to the declarant or appoint any fit Officer of the Tribunal for the purpose on the payment of fees as prescribed in Rule 12. The Registrar or other Officer appointed by him interpreting the document shall certify below the document that its contents have been interpreted to the declarant in a language known to him.

(iv) When the Registrar administering the affirmation is satisfied that the language of the document is known or understood by the declarant, or when the Advocate or the Registrar or other Officer acting as translator certified that the contents have been interpreted to the declarant in a language known to him, the affirmation shall be administered and the affidavit completed by the signature of the declarant below the declaration on affirmation in the presence of the Registrar and the certification by the Registrar of the Tribunal.

10. Identity of declarant.–– The Registrar, before administering the affirmation and certifying the affidavit, shall satisfy himself as to the identity of the declarant who shall be either known to the Registrar personally or identified before him by a person whom he personally knows. The manner in which the identification is made shall be certified by the Registrar administering the affirmation.

11. Solemn declaration by the party making the affidavit.–– The declaration by the party making the affidavit shall be in the following form:

I,... the Appellant/Respondent, Applicant/Opponent, Petitioner/Opponent above named do solemnly declare that what is stated above in paragraphs ... is true to my own knowledge and that what is stated in the remaining paragraphs is true to the best of my information which I obtained from the following sources:

...and I believe the information which I obtained for the following reasons:–– Solemnly declare at … above said this … day of … 19 … (Signature) Solemnly affirmed before me by ..... who is identified before me by…... whom I personally know.

This ... day of ... 19...

REGISTRAR Administrative Tribunal Manual of Goa Laws (Vol. I) – 109– Administrative Tribunal Act & Rules

12. Fees Payable.–– (1) The following are the fees chargeable on the affidavits under these rules:

(a) For each affidavit or affirmation:–– fifty paise;

(b) For each page interpreted or part thereof:–– fifty paise.

(2) Such fees shall be paid by means of Court fees adhesive stamps affixed on the respective document under an endorsement and registration or the fees so collected and the due cancellation of the stamps.

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

R. L. Segel, Law Secretary.

Panaji, 31st December, 1968.

10th Pausa, 1890.

(Published in the Government Gazette, Series I No. 42 dated 16-1-1969).

________ Law Department ––– Notification LD/21/65 In exercise of the powers conferred by sub-section (3) of section 1 of the Goa, Daman and Diu Administrative Tribunal Act, 1965, the Government hereby appoints the 21st of April, 1965 as the date on which the provision of the said Act shall come into force in the Union Territory.

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

S. Balakrishnan, Law Secretary.

Panaji, 20th April, 1965.

(Published in the Government Gazette, Series I No. 4 dated 22-4-1965).

_______ Order L. D. 251/65 In exercise of the powers conferred by section 17 of the Administrative Tribunal Act, 1965, the State Government passes the following order, namely:

1. This order may be called the Administrative Tribunal (Removal of Difficulties) Order, 1965.

2. It shall come into force at once.

Manual of Goa Laws (Vol. I) – 110– Administrative Tribunal Act & Rules

3. Without prejudice to the provisions contained in the Goa, Daman and Diu Administrative Tribunal Act, 1965, the Tribunal shall have and exercise the power to audit the accounts of associations, corporations, temples, mosques, charitable institutions, asylums and other such institutions, in accordance with the provisions of Article 663 of the Reforma Administrativa Ultramarina and Legislative Diploma No. 1650 dated 13-9-1965.

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

P. B. Venkatasubramanian, Law Secretary.

Panaji, 18th June, 1965.

(Published in the Government Gazette, Series I No. 13 dated 24-6-1965).

______ Order LD/346/65 In exercise of the powers conferred by Sec. 17 of the Administrative Tribunal Act, 1965, the Lt. Governor of Goa, Daman and Diu passes the following order, namely:––

1. This order be called the Administrative Tribunal (Removal of Difficulties) Order No. 2, 1965.

2. It shall come into force at once.

3. The Administrative Tribunal constituted under the G. D. D. Administrative Tribunal Act, 1965 shall not remain closed in the month of October.

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

P. B. Venkatasubramanian, Law Secretary.

Panaji, 3rd September, 1965.

(Published in the Government Gazette, Series I No. 24 dated 9-9-1965).

________ Administrative Tribunal ––– Order No. 610/AT/96/Affidavit In exercise of powers conferred by Section 7(3) of the Goa, Daman & Diu Administrative Tribunal Act, 1965 r/w Rule 8 of the Goa Administrative Tribunal (Affidavits) (Amendment) Rules, 1996, affidavits and affirmations to be used before the Tribunal shall, in the absence of Registrar, be sworn and affirmed before the Head Clerk, and in the absence of both, before the seniormost UDC.

N. A. BRITTO Chairman, Panaji, 5th September, 1996. Administrative Tribunal.

Manual of Goa Laws (Vol. I) – 111– Administrative Tribunal Act & Rules Notification LD/N/80/66 In exercise of the powers conferred by clause 2 of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962, I, K. R. Damle, Administrator of Goa, Daman and Diu, hereby direct that notwithstanding anything to the contrary in any other law it shall not be necessary to stamp applications, memoranda of appeal and other documents presented to the Goa, Daman and Diu Administrative Tribunal, with the Public Assistance stamps (Assistencia Publica).

K. R. Damle Panjim, 12th December, 1966. Administrator (Published in the Governmentl Gazette, Series I No. 38 dated 16-12-1966).

_______ Order LD/EST/14-160/67-68.

In exercise of the powers conferred by Section 17 of the G. D. D. Administrative Tribunal Act, 1965 and in partial modification of the Govt. order No. LD/251/65 dated 18-6-1965, the Lt. Governor of Goa, Daman and Diu hereby makes the following amendment to the Administrative Tribunal (Removal of Difficulties) Order, 1965, namely:

1) This order may be called the Administrative Tribunal (Removal of Difficulties) (Amendment) Order, 1968.

2) It shall come into force at once.

3) After clause 3 of the Administrative Tribunal (Removal of Difficulties) Order, 1965 the following proviso shall be inserted:- “Provided that nothing in this clause shall apply in respect of the audit of institutions receiving grants from Govt. directly or indirectly”.

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

R. L. Segel, Law Secretary.

Panaji, 29th January, 1968.

(Published in the Government Gazette, Series I No. 45 dated 8-2-1968).

Manual of Goa Laws (Vol. I) – 112– Administrative Tribunal Act & Rules GOVERNMENT OF GOA Department of Law & Judiciary Law (Establishment) Division Notification 1-53-82-2004-LD (Estt.)

GOA JUDICIAL SERVICE RULES, 2005 In exercise of the powers conferred by Articles 233 and 234 of the Constitution of India read with Section 20 of the Goa, Daman and Diu Reorganisation Act, 1987 (Central Act 18 of 1987) and after consultation with the Goa Public Service Commission and the High Court of Bombay, as required by the said Articles 233 and 234 of the Constitution of India and in supersession of the Goa Civil (Judicial Branch) Rules, 1992, the Governor of Goa is pleased to make the following Rules, namely:—

CHAPTER I Preliminary

1. Short title and commencement.— (1) These rules may be called the Goa Judicial Service Rules, 2005.

(2) Rule 3 shall be deemed to have come into force on 1-7-1996, and the remaining rules shall come into force from the date of their publication in the Official Gazette.

2. Definitions.— In these rules, unless the context requires otherwise,—

(a) "Degree in Law" means a degree qualifying the holder for enrolment as an Advocate under the Advocates Act, 1961 (Central Act 25 of 1961);

(b) "Government" means the Government of Goa;

(c) "Governor" means the Governor of Goa;

(d) "High Court" means the High Court of Bombay;

(e) "Official Gazette" means the Goa Government Gazette;

(f) "Public Prosecutor" includes the Additional and Assistant Public Prosecutor;

(g) "recruiting authority" means the High Court;

(h) "Service" means the Goa Judicial Service;

(i) "State" means the State of Goa.

CHAPTER II Constitution of the Service

3. Constitution of the Service.— (1) On and from the 1st day of July, 1996, there shall be constituted a State Service known as the Goa Judicial Service.

(2) The service shall consist of the cadres specified in column (2) of the Table below sub-rule (3) and the number of posts in each of those cadres shall be as sanctioned from Manual of Goa Laws (Vol. I) – 113– Administrative Tribunal Act & Rules time to time. The strength of the cadre as on 1-7-1996 shall consist of posts specified in column (3) of the Table below sub-rule (3).

(3) The existing cadres specified in said column (2) below shall be designated as the cadres specified in the corresponding entries in column (1) of the said Table below and initially they shall constitute the service and the holders of the posts in said column (2) shall hold posts in said column (1) and their condition of service shall be governed by these rules:

TABLE Pay Scales 1 2 3 4

(a) District Judges and Additional District Judges

(i) District judges

(ii) Additional District Judges 2 4 Rs. 16,750–20,500 Rs. 16,750–20,500

(b) Senior Civil judges Civil judges, Senior Division 10 Rs. 12,850–17,550

(c) Civil Judges Civil Judges, Junior Division 20 Rs. 9,000–14,500

(4) Selection Grade District Judges and Super Time Scale District Judges.— The High Court shall confer Selection Grade and Super Time Scale on merit-cum-seniority basis to Officers in the cadre of District Judges with pay scales as indicated in the Table below:— Eligibility Total No. of Officers eligible Pay Scales Selection Grade 5 years of service as District Judges 25% of the cadre strength of District Judges Rs. 18,750–22,850 Super Time Scale 3 years of service as Selection Grade District Judges 10% of the cadre strength of District Judges Rs. 22,850–24,850 Upon conferment of such Selection Grade or Super Time Scale, such District Judges shall be called "Selection Grade District Judges" or "Super Time Scale District Judges", as the case may be.

TABLE Sr.

No.

Cadre Method of Recruitment Qualifications, age limit, etc.

1 2 3 4 1 District Judges and Additional District Judges

(a) 50% of the posts in cadre shall be filled by promotion from the cadre of Senior Civil Judges on the basis of merit-cum-seniority by the High Court.

1. Must have been in the cadre of Senior Civil Judges at least for a period of three years after successful completion of officiating period:

Provided that if there are no candidates available for selection, the High Court may, for reasons to be recorded in writing, relax the condition relating to minimum years of service.

(b) Not exceeding 25% of the posts in the cadre shall be filled in by limited competitive examination, strictly on the basis of merit, in terms of the rules

1. Must have been serving as Senior Civil Judge at least for a period of 1 year after successful completion of officiating period.

Manual of Goa Laws (Vol. I) – 114– Administrative Tribunal Act & Rules as may be framed by the High Court.

(c) By direct recruitment.— Not exceeding 25% of the posts in the cadre may be filled by direct recruitment on the basis of the aggregate marks/grade obtained in a competitive examination conducted by the High Court, in terms of the rules as may be framed by the High Court, from time to time.

(a) Educational qualification and other requirements.— Must be holder of a Degree in Law.

(b) Experience.— Must be practicing as an Advocate in the High Court or Courts subordinate thereto for not less than 7 years on the date of publication of advertisement.

Note: For the purpose of this clause, in computing the period during which a person has been an Advocate, there shall be included any period during which he has held the post of a public/Police Prosecutor or judicial office.

OR Must be working or must have worked as Public Prosecutor or Additional Public Prosecutor or Government Advocate in the High Court for not less than 7 years in the post or posts. In computing the period of 7 years, the period during which the candidate has worked as an Advocate shall also be included.

(c) Age.— Must have attained the age of thirty-five years and must not have attained the age of forty-eight years in the case of candidates belonging to communities recognized as backward by the Government for the purpose of recruitment and forty-five years in the case of others, as on the date of publication of advertisement.

(d) (i) Essential: Knowledge of Konkani.

(ii) Desirable: Knowledge of Marathi.

Must be certified by the Principal Judge of District, where the candidate practices or within whose jurisdiction he ordinarily resides, to have sufficient knowledge of Konkani, knowledge of Marathi being desirable.

2 Senior Civil Judges By promotion from the cadre of Civil Judges selected by the High Court on the basis of merit-cum-seniority.

1. Must have been in the cadre of Civil Judges for a period not less than 3 years after successful completion of probationary period.

3 Civil Judges By direct recruitment on the basis of aggregate marks obtained in a competitive examination conducted by the High Court, in terms of the rules as may be framed by the High Court.

For direct recruitment:

(a) Educational qualification: Must hold a Degree in Law.

(b) Experience: Must have practiced as an Advocate in the High Court or Courts subordinate thereto for a period of three years.

Manual of Goa Laws (Vol. I) – 115– Administrative Tribunal Act & Rules Or must be a fresh Law Graduate who

(i) has secured the Degree in Law by passing all the examinations leading to the Degree in the first attempt;

(ii) has secured at the final year examination of the Degree in Law or in case of candidate holding Master’s Degree in Law at final LL.M examination not less than fifty five percent marks.

OR Must be working or must have worked as a Public Prosecutor or Additional Public Prosecutor or Assistant Public Prosecutor or Government Advocate for not less than 3 years in the post or posts. In computing the period of 3 years, the period during which the candidate has worked as an Advocate shall be included.

OR Must be working as Superintendent in the High Court of Bombay at Panaji or in Courts subordinate thereto in Goa and holding a Degree in Law or Sub-Registrar or District Registrar in Goa holding a Degree in Law or Legal Assistant in the Law Department of the Government of Goa or Superintendent (Legal/Drafting) in the Law Department of the Government of Goa, for not less than 5 years in the post or posts;

(c) Age.— Not less than twenty-one years and not more than (i) 35 years in case of Advocates with three years practice, (ii) 25 years in case of fresh Law Graduates:

Provided that upper age limit in each of the above categories may be relaxed by five years in respect of candidates belonging to communities recognized as backward by the Government for the purpose of recruitment.

(d) (i) Essential: Knowledge of Konkani.

(ii) Desirable: Knowledge of Marathi.

Candidates must have sufficient knowledge of Konkani; knowledge of Marathi being desirable. Such knowledge must be certified by the Principal Judge of the District where he practices/resides.

(5) Assured Career Progression Scales.— (i)A Civil Judge/a Senior Civil Judge, shall be entitled to be considered for conferment of the First Assured Career Progression Scale on completion of 5 years as Civil Judge/Senior Civil Judge in service if—

(a) he has not been promoted;

Manual of Goa Laws (Vol. I) – 116– Administrative Tribunal Act & Rules

(b) the High Court finds him to be fit to be conferred with Assured Career Progression Scale and his performance as reflected in the Annual Confidential Reports is not less than average;

(ii) A Civil Judge/Senior Civil Judge shall be entitled to be considered for Second Assured Career Progression Scale on completion of 10 years of service as Civil Judge/Senior Civil Judge, if—

(a) he has not been promoted;

(b) the High Court finds him to be fit to be conferred with Assured Career Progression Scale and his performance as reflected in the Annual Confidential Reports is not less than good.

CHAPTER III Recruitment

4. Appointing Authority.— The Appointing Authority for the cadre of District Judges and Civil Judges shall be the Governor and for the cadre of Senior Civil Judges shall be the High Court.

5. Method of recruitment, qualification and age limit.— In respect of each category of posts specified in column (2) of the Table below, the method of recruitment and minimum qualification, age limit, etc., shall be as specified in the corresponding entries in columns (3) and (4) thereof.

Where this provision sits

ActThe Goa Administrative Tribunal Act, 1965
Section5
Marginal noteRepeal and Saving
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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