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Panaji, 5th September, 2018 (Bhadra 14, 1940)

SERIES I No. 22

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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

Department of Law & Judiciary

Legal Affairs Division

___

Notification

7/7/2018-LA

The Goa (Mopa Airport Development

Authority) Act, 2018 (Goa Act 10 of 2018),

which has been passed by the Legislative

Assembly of Goa on 2-8-2018 and assented to

by the Governor of Goa on 31-8-2018, is hereby

published for the general information of the

public.

Sharad G. Marathe, Addl. Secretary (Law).

Porvorim, 5th September, 2018.

————

The Goa (Mopa Airport Development

Authority) Act, 2018

(Goa Act 10 of 2018) [31-8-2018]

ACT

In order to provide better commutation

facilities to the residents of Goa, tourists

visiting Goa from within India and overseas,

and to provide a for a state of the art Airport

and other infrastructure facilities and;

In order to secure the welfare of the villagers

adjoining Mopa Airport, for their orderly

EXTRAORDINARY

No. 5

development and in order to give benefits of

Mopa Airport to these villagers, and for

securing the orderly establishment of the

Mopa Greenfield International Airport and for

that matter to provide for speedy issuance of

various licenses, clearances and Certificates

required for setting up of the Mopa Greenfield

International Airport, infrastructural facilities,

developmental work and upgradation of

existing infrastructural facilities connected

with or relating to Mopa Greenfield

International Airport project and for purposes

connected therewith and incidental thereto.

Be it enacted by the Legislative Assembly

of Goa in the Sixty-ninth Year of the Republic

of India, as follows:—

1. Short title, commencement and appli-

cation.— (1) This Act may be called the Goa

(Mopa Airport Development Authority) Act,

2018.

(2) It shall come into force at once.

(3) It applies to the Mopa Airport Area

specified in the Schedule hereto and to such

other areas, with effect from such date, as the

Government may, by notification in the Official

Gazette, specify.

2. Definitions.— In this Act, unless the

context otherwise requires,—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 22

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5TH SEPTEMBER, 2018

1316

(a) “Authority” means the Mopa Airport

Development Authority constituted under

section 3 of this Act;

(b) “Chairperson” means the Chairperson

of the Authority;

certificates,

consents,

approvals,

permissions,

sanads,

registrations,

enrollments, licences and the like, required

under the relevant law in connection

with setting up of the Mopa Greenfield

International Airport, infrastructural

facilities, developmental work and

upgradation of existing infrastructural

facilities connected with or relating to

Mopa Greenfield International Airport

project;

Department or agency of the Government,

authorized agency, statutory authority or

body, village panchayat, municipality

or municipal corporation or other local

body or any other authority or committee

which is entrusted with the powers

and responsibilities to grant or issue

clearances;

(d) “Government” means the Government

of Goa;

(e) “Mopa Airport Area” means the Mopa

Airport Area as specified in the Schedule

hereto;

(f) “Mopa International Airport Planning

Area” means the area declared as the Mopa

International Airport Planning Area under

sub-sections (1) and (2) of section 18 of the

Goa, Daman and Diu Town and Country

Planning Act, 1975 (Act 21 of 1975);

(g) “notification” means a notification

published in the Official Gazette of the

Government of Goa;

(h) “prescribed” means prescribed by

rules made under this Act;

(i) “relevant law” means the State law

and the rules, regulations, notifications and

orders framed/issued thereunder;

(j) “Schedule” means a Schedule

appended to this Act.

3. Constitution of Authority.— The

Government may, by notification in the Official

Gazette, constitute an Authority, to be known

as the Mopa Airport Development Authority,

to exercise the powers conferred on, and to

perform the functions assigned to it, by or

under this Act.

4. Composition of Authority.— The

Authority shall consist of a Chairperson to be

appointed by the Government and the

following Members, namely:—

(i)

Secretary (Civil Aviation)

… Member.

(ii) Secretary (Revenue)

… Member.

(iii) Secretary (Town and

Country Planning)

… Member.

(iv) Secretary (Urban

Development)

… Member.

(v) Secretary (Panchayats)

… Member.

(vi) Chief Town Planner

(Planning)

… Member.

(vii) Principal Chief Conservator

of Forests

… Member.

(viii) Director of Health Services

… Member.

(ix) Member Secretary of Goa

Pollution Control Board

… Member.

(x) Director of Fire and

Emergency Services

… Member.

(xi) Director of Civil Aviation

… Member

Secretary.

5. Authentication.— All orders and

decisions of the Authority shall be

authenticated by signatures of the Member

Secretary of the Authority.

6. Powers and functions of the Authority.—

The Authority shall exercise the following

powers and perform the following functions,

namely:—

(i) to meet at such times and places as

the Chairperson may decide and shall

transact the business as per the procedure

as he deems fit;

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5TH SEPTEMBER, 2018

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(ii) to receive proposals for clearance and

give acknowledgement thereof;

(iii) to advice the Government from time

to time;

(iv) exercise the powers of the Planning

and Development Authority under the Goa,

Daman and Diu Town and Country Planning

Act, 1975 (Act 21 of 1975), a municipality

under the Goa Municipality Act, 1968 or the

Village Panchayat under the Goa Panchayat

Raj Act, 1994 as the case may be in respect

of the Mopa International Airport Planning

Area;

(v) exercise all the powers, which are

otherwise vested in the Competent

Authority under the relevant law or rules,

regulation, bye laws, notifications issued

thereunder so as to give clearances for

development of the Mopa Greenfield

International Airport.

(vi) the Authority shall exercise such

other powers and functions as may be

prescribed.

7. Miscellaneous provisions.— (1) Notwith-

standing anything contained in the Goa,

Daman and Diu Town and Country Planning

Act, 1975 (Act 21 of 1975), for the Mopa

International Airport Planning Area, the

Authority shall be deemed to be a Planning

and Development Authority under the said

Act.

(2) This Authority shall also be a deemed

Panchayat having all powers under the Goa

Panchayat Raj Act, 1994 and a deemed

Municipality under the Goa Municipality Act,

1968 with all powers thereof.

(3) Notwithstanding anything contained in

any relevant law for the time being in force,

once a proposal is cleared, and a clearance or

permission is granted by the Authority under

this Act, then no other clearance shall be

required from any Competent Authority or any

other authority under the provisions of any

such relevant law.

8. Staff of Authority.— (1) The Government

shall provide the Authority with such officers

and employees as it may deem fit.

(2) The officers and employees of the

Authority shall discharge their functions

under the general superintendence of the

Chairperson.

(3) The salaries, allowances and other

conditions of service of such officers and

employees of the Authority shall be such as

may be prescribed.

9. Members, etc., to be public servants.—

The Chairperson, Members, officers and

employees of the Authority shall be deemed

to be public servants within the meaning of

section 21 of the Indian Penal Code (45 of

1860).

10. Act to override other laws.— The

provisions of this Act shall have effect

notwithstanding anything inconsistent

therewith contained in any other State law,

rules, regulations of any authorities in force,

orders, decrees, notifications, statutes, bye-

-laws for the time being in force or any custom

or usage or any instrument having effect by

virtue of any such law.

11. Appeals.— Any person aggrieved by a

decision of the Authority under this Act, may,

within a period of thirty days from the date of

such decision, prefer an appeal to the High

Court.

12. Civil court not to have jurisdiction.— No

civil court shall have jurisdiction to entertain

any suit or proceeding in respect of any matter

which the High Court is empowered by or

under this Act to determine and no injunction

shall be granted by any court or other authority

in respect of any action taken or to be taken in

pursuance of any power conferred by or under

this Act.

13. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against any person for

anything which is in good faith done or

intended to be done under this Act or any rule

made hereunder.

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14. Savings.— The provisions of this Act shall

not apply to any clearances required under

Central enactments.

15. Power to give directions.— The

Government may give direction to any

Government

Department

Agency,

Authority, local authority or other authority or

any person, under this Act with regard to

the setting up of the Mopa Greenfield

International Airport, infrastructural facilities,

developmental work and upgradation of

existing infrastructural facilities connected

with or relating to the Mopa Greenfield

International Airport project and such

Government

Department

Agency,

Authority, local authority or other authority or

person shall be bound to comply with such

directions.

16. Power to make rules.— The Government

may, by notification make rules for carrying

out all or any of the provisions of this Act.

17. Power to remove doubts and

difficulties.— (1) If any difficulty arises in

giving effect to the provisions of this Act, the

Government may, by order published in the

Official Gazette make such provisions, not

inconsistent with the provisions of this Act as

appear to it to be necessary or expedient for

removing the difficulty:

Provided that no order shall be made under

this section after the expiry of two years from

the date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made be

laid before the State Legislature.

SCHEDULE

All that Mopa Airport Area admeasuring 2136

acres comprising of parts of the areas of villages of

Mopa, Varconda, Casarvarnem, Chandel, Uguem and

Amberem, delineated in the plan appended hereto

and bounded as under:—

North: By Survey Numbers 22/8 to 16, 25/1 to 14,

31/9, 31/15 to 18, 32/1 to 4, 34/25, 34/27, 35/

3, 35/15, 33/1, 33/2, 33/6 to 12, 33/16, 33/17,

40/6 to 10 of Uguem Village and Survey

Numbers 70, 105/4, 105/6, 105/8 to 11, 106/1,

106/18, 106/36, 106/41 of Mopa Village and

Maharashtra State:

South: By Survey Numbers 36, 37, 38, 45, 46, 47, 50/

7, 61, 66, 67/1, 70/1 to 6, 70/9, 70/10, 70/13,

70/16, 70/17, 85/1 to 5, 87, 88, 89, 90, 91, 92, 93,

94, 102, 104/1, 104/3, 104/5, 104/6, 104/8, 104/

18, 104/39, 108/1, 109/1, 112, 114/3, 114/4,

115/3, 115/5, 115/6, 117/1, 118/3, 118/4, 118/

6, 118/7 and 127 of Varconda Village and

Survey Numbers 205, 223, 218/1, 220/4, 222/

3, 222/4, 222/6, 225/1 and 2, 226, 236/1 and 2,

237/3, 238/6, 238/8, 238/10, 238/12, 264/4 and

5, 266/1 and 277 of Casarvornem Village;

East:

By Survey Number 19, 21/10 and 35/5 of

Chandel Village;

West:

By Survey Numbers 34/1 and 2, 38/3 and 4 of

Amberem village.

Secretariat,

DHARMENDRA SHARMA,

Porvorim-Goa.

Secretary to the

Dated: 5-9-2018. Government of Goa,

Law Department (Legal Affairs).

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