Panaji, 30th June, 2021 (Asadha 9, 1943)

SERIES I No. 13

PUBLISHED BY AUTHORITY

EXTRAORDINARY

No. 3

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2021-23

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

GOVERNMENT OF GOA

Department of Finance

Debt Management Division

—

Notification

7/27/2020-FIN(DMU)/365

In exercise of the powers conferred by

sub-section (1) of Section 8 of the Banning of

Unregulated Deposit Schemes Act, 2019

(Central Act No. 21 of 2019) (hereinafter

called as the “said Act”), the Government of

Goa, with concurrence of the High Court of

Bombay,

conveyed

vide

their

letter

No. B(W) A-2108 of 2019/344/5877 dated

24-02-2021, hereby nominates the Court of

District Judge-1 consisting of Senior Most

District Judge after the Principal District and

Sessions Judge, in North Goa District and in

South Goa District, as Designated Courts, for

the purposes of the said Act, and for the area

within their jurisdiction, with immediate

effect.

By order and in the name of the Governor

of Goa.

Pranab G. Bhat, Under Secretary, Fin. (Bud-II).

Porvorim, 29th June, 2021.

Department of Law

Legal Affairs Division

—

Notification

8/3/2021-LA

The Goa Investment Promotion and

Facilitation of Single Window Clearance

Ordinance, 2021 (Ordinance No. 3 of 2021),

which has been promulgated by the

Governor of Goa on 26-06-2021, is hereby

published for general information of the

public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 30th June, 2021.

_________

The Goa Investment Promotion and

Facilitation of Single Window Clearance

Ordinance, 2021

(Ordinance No. 3 of 2021)

Ordinance

I, Bhagat Singh Koshyari, Governor of Goa,

in the Seventy-second Year of the Republic of

India, promulgate The Goa Investment

Promotion and Facilitation of Single Window

Clearance Ordinance, 2021.

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An Ordinance to provide for the promotion

of investment in the State of Goa and the

creation of the administrative and operational

framework for the Goa Investment Promotion

and Facilitation Board as a single window

clearance facilitation mechanism with the

prime objective of ensuring time bound grant

of various clearances, licenses, permissions

and approvals under relevant State laws so

as to provide an investor friendly environment

in the State of Goa and for the matters

connected therewith and incidental thereto.

Whereas, the Legislative Assembly of Goa

is not in session and the Governor of Goa is

satisfied that circumstances exist which

render it necessary for him to take immediate

action.

Now, therefore, in exercise of the powers

conferred by clause (1) of article 213 of the

Constitution of India, the Governor of Goa is

pleased to promulgate the following

Ordinance, namely:

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Ordinance may be called the Goa

Investment Promotion and Facilitation of

Single Window Clearance Ordinance, 2021.

(2) It shall extend to the whole of the State

of Goa.

(3) It shall come into force at once.

2. Definitions.— In this Ordinance, unless

the context otherwise requires,—

(a) “agriculture” means horticulture,

animal husbandry, forestry, dairy and

poultry farming, aquaculture and other

allied activities, whether or not undertaken

jointly with agriculture and the expression

“agricultural operations” shall be construed

accordingly;

(b) “agriculture industry” means the

industrialized processing or production of

livestock, poultry, fish, dairy and crops;

Promotion

and

Facilitation

Board

established under section 3;

(d) “Clearance” means grant or issue of

no objection certificate, consent, enrolment,

registration, permission, approval, licence,

allotment, memorandum and the like, by

any Competent Authority or Authorities in

connection with setting up of a project till

the enterprise starts commercial operation

and includes such grant and issue for

expansion of the existing project in the

State;

(e) “Commercial Project” means a project

of an investor to provide and/or make

available built-up space or building to any

person or enterprise for setting up its

business or commercial activities other than

housing;

(f) “Competent Authority” means any

Government Department, Local Authority,

Statutory Body, Government agency or any

other authority constituted or established

under any State law or under the

administrative control of the Government,

which is entrusted with the powers and

responsibilities to grant or issue clearance

for setting up or commencement of

operation of the enterprise in the State;

(g) “Customised package” means such

package of assistance or facilities as

specified for a project with investment above

such value as specified by the Government

by notification in the Official Gazette, in

addition to the existing assistance or

facilities available in the State under various

schemes;

(h) “enterprise” means and includes an

undertaking engaged in manufacturing

and/or processing or for providing service

or doing any other business or any other

commercial activity or a private industrial

estate;

(i) “Goa Investment Policy” means the

official policy of the Government formulated

to articulate the various initiatives being

undertaken to make the State a preferred

and aspirational investment destination;

(j) “Government” means the Government

of Goa;

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(k) “Government Agency” means any

Statutory Corporation/Authority or body or

an Undertaking, by whatever name called,

owned and controlled by the Government;

(l) “in principle approval” means a

general approval to an investment proposal

by the Board for facilitation purposes only

which shall be subject to clearances from

the concerned Competent Authorities under

the relevant State laws;

(m) “investment” means a fixed capital

investment by an investor in industry or

service or infrastructure or commercial

project excluding the cost of land;

(n) “investment facilitation services”

means the assistance provided by the

Investment Promotion and Facilitation

Board from the time the investor submits a

valid project proposal to the Board till the

time such project goes into commercial

operation and during the life span of the

project if required;

(o) “investment promotion area” means

an investment promotion area declared by

the Government under clause (a) of

sub-section (1) of section 42;

(p) “Investor” means any person or his

authorized nominee, including a company

incorporated under the Companies Act,

2013 (Central Act 18 of 2013) or any such

law, a Trust registered under the Indian

Trusts Act, 1882 (Central Act 2 of 1882), a

Society registered under the Societies

Registration Act, 1860 (Central Act 21 of

1860), a Partnership Firm registered under

Indian Partnership Act, 1932 (Central Act 9

of 1932), a Limited Liability Partnership

registered under the Limited Liability

Partnership Act, 2008 (Central Act 6 of

2009), a proprietary concern; and includes

any other body corporate including those

from outside India qualified to invest in India

under relevant laws for the time being in

force or under the relevant polices of the

Government of India or the Government as

may be applicable at the time of such

investment, who invest capital in any new

or an existing enterprise for expanding,

modernizing or diversifying it;

(q) “local authority” means a Municipal

Corporation, a Municipal Council or a

Village Panchayat by whatever name

called, constituted under the relevant State

law for the time being in force;

(r) “notification” means a notification

published in the Official Gazette of the

Government and the word ‘notified’ shall be

construed accordingly;

(s) “prescribed” means prescribed by

rules made under this Ordinance;

(t) “Private Industrial Estate” means a

project of an investor to provide and/or

make available the developed industrial

plots, galas or plug and play facility to any

person or enterprise for setting up

manufacturing, processing or service

units;

(u) “Project” means a project to be

undertaken by the investor in which he

proposes to make investment in the State

by setting up an enterprise including an

industrial dormitory for workers working on

shifts of the enterprise, a commercial

project, an educational institution having

hostel or residential quarters within the

campus area, but does not include a

housing project;

(v) “State” means the State of Goa;

(w) “single window (clearance) sys-

tem” means a mechanism or system

established by the Government under

which applications are received, examined,

processed and approvals are issued in a

unified manner from and through the aegis

of the Board to facilitate speedy clearances

for investment proposals.

CHAPTER II

Establishment and Constitution of the Board

3. Establishment and incorporation of the

Goa Investment Promotion and Facilitation

Board.— (1) For the purpose of promoting

investment in the State and to provide

investment facilitation services to procure

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speedy clearances for setting up an enterprise

in the State there shall be established by the

Government, by notification in the Official

Gazette, a Board by the name Goa Investment

Promotion and Facilitation Board.

(2) The Board shall be a body corporate

with perpetual succession and a common seal

and may sue and be sued in its corporate name

and shall be competent to acquire, hold and

dispose of property both movable and

immovable, and to contract, and do all things

necessary for the purposes of this Ordinance.

4. Constitution.— The Board shall consist

of,—

(i) Chief Minister of Goa – Chairperson,

ex officio;

(ii) Minister for Industries – Vice-Chair-

person, ex officio;

(iii) Minister for Finance – ex officio

member;

(iv) Chairman, Goa Industrial Develo-

pment Corporation – ex officio member;

(v) Chief Secretary – ex officio member;

(vi) Secretary (Industries) or his nominee

– ex officio member;

(vii) Secretary (Environment) or his

nominee – ex officio member;

(viii) Secretary (Town and Country

Planning) or his nominee – ex officio

member;

(ix) Secretary (Tourism) or his nominee –

ex officio member;

(x) Secretary (Revenue) or his nominee –

ex officio member;

(xi) Secretary (Power) or his nominee –

ex officio member;

(xii) Five members to be nominated

amongst which each by the Goa Chamber

of Commerce and Industry (GCCI), the Goa

State Industries Association (GSIA),

Confederation of Indian Industry (CII) Goa,

Travel and Tourism Association of Goa

(TTAG) and Goa Technology Association

(GTA) – Members;

(xiii) One person nominated by the

Government – Member;

(xiv) Chief Executive Officer of the Board

– Member Secretary.

5. Jurisdiction of the Board.— (1) The

Board shall be a single point contact authority

for all investments made in the State except

the investments which have been prohibited

by the Government through a notification,

which meet the criteria of investment value

not less than rupees five crore, excluding cost

of land.

(2) Projects which have investment value

less than rupees five crore may be entertained

by the Board and the Board may refer such

proposal to the Sub-Committee constituted

under sub-section (1) of section 17.

6. Disqualification of Members of the

Board.— A person shall be disqualified for

being a member of the Board, if he,—

(a) is an employee of the Board, not being

the Chief Executive Officer; or

(b) is of unsound mind, and stands so

declared, by a competent court; or

(d) is convicted of an offence involving

moral turpitude within a period of five years

immediately before he being appointed/

nominated as the Chairperson, Vice-

Chairperson or the Member of the Board.

7. Term of office and conditions of service of

the members of the Board.— (1) All members

of the Board other than ex-officio members

shall hold office for a period of two years from

the date of the notification issued by the

Government constituting or re-constituting

the Board.

(2) Any person appointed/nominated as a

Chairperson, Vice-Chairperson or member on

one or more occasion shall, unless disqualified,

be eligible for re-nomination.

8. Meetings of the Board.— (1) The Board

shall meet at such time and at such place as it

may determine and shall, subject to the

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provisions of sub-section (2), observe such

rules or procedure for transaction of its

business as may be provided by regulations

made under this Ordinance. However, the

Board shall meet at least once in every three

months.

(2) A member who is directly or indirectly

concerned or interested in any proposal,

arrangement, subsidy, etc., shall at the earliest

possible opportunity disclose the nature of his

interest to the Board when any such proposal

is discussed and recuse himself during the

discussion.

(3) The Chairperson shall preside at all

meetings of the Board and in his absence the

Vice-Chairperson shall preside over the

meeting of the Board.

(4) The quorum for meeting of the Board

shall be nine members.

(5) The Board may invite any person or

expert who is not a member of the Board, as

special invitees or co-opt any person as an

advisor for any meeting of the Board, except

that a person so co-opted shall have no right

to vote on any matter before the Board for a

decision.

(6) The decision of the Board shall be those

approved by the Chairperson of the Board.

9. Cessation of Member of the Board.— (1)

If a member,—

(a) becomes subject to any of the

disqualifications mentioned in section 6, or

(b) tenders his resignation in writing to,

and such resignation is accepted by the

Government; or

permission, for three consecutive meetings

of the Board; or

(d) is convicted of an offence involving

moral turpitude,

he shall cease to be a member of the Board.

(2) The Government may, by an order,

suspend or remove any member of the Board

on the ground of proved misbehaviour,

incapacity, or misuse of position:

Provided that a member shall not be

suspended or removed unless he has been

given a reasonable opportunity of being heard.

10. Vacancies of the Board how to be

filled.— Any vacancy of a member of the Board

shall be filled as early as practicable, in the

like manner as if the appointment/nomination

was being made originally.

11. Temporary absence of members of the

Board.— If the Chairperson, Vice-Chairperson,

or any other member of the Board is by reason

of illness or otherwise rendered temporarily

incapable of carrying out his duties, or is

granted leave of absence by the Government,

or is otherwise unable to attend his duties in

circumstances not involving the cessation of

his membership, the Government may

appoint/nominate another person to act for

him and carry out his duties and functions

under this Ordinance. Such person shall

vacate office on the date when the member

for whom he is acting resumes his duties:

Provided that in case of members specified

in clause (xii) of section 4, such temporary

appointment shall be done only after receipt

of nomination from the respective bodies.

12. Proceeding of the Board presumed to be

good and valid.— No disqualification of or

defect in the appointment of any person acting

as the Chairperson, Vice-Chairperson or a

member of the Board shall vitiate any act or

proceedings of the Board, if such act or

proceeding is otherwise in accordance with

the provisions of this Ordinance.

CHAPTER III

Functions and Powers of the Board

13. Functions of the Board.— The functions

of the Board shall be,—

(i) generally, to promote the State as an

investment destination nationally and

internationally;

(ii) notwithstanding anything contained

in any other State law for the time being in

force, to exercise the powers of any

competent authority for the purpose of

promoting and facilitating investments;

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(iii) subject to the provisions of this

Ordinance to,—

(a) facilitate grant of approvals from the

competent authorities under the relevant

Statutes;

(b) facilitate grant of approvals from the

Central/other State Government depart-

ments/agencies,

bodies

and

Corporations, etc. owned by any other

State;

(iv) in particular and without prejudice

to the generality of the foregoing functions,

to perform all or any of the following

functions, namely:—

(a) approve, reject, review, cancel or

revoke any investment proposal with res-

pect to the criteria specified in sub-

section (1) of section 5 as also with

reference to the proposal referred by it

under sub-section (2) of section 5 to the

Sub-Committee constituted under section

17;

(b) appoint such other committees to

assist the Board in the performance of its

functions;

investor in obtaining clearances in a

timely manner and facilitate all

clearances, including consent to operate;

(d) appoint and manage consultants;

(e) forward the application of the

investor to the concerned person, officer

or Competent Authority under the State

law for processing and disposal within

the time limit specified in sub-section (1)

of section 39;

(f) monitor the status of the

applications;

(g) pursuant to grant of in principle

approval, examine and review any

decision taken by any Competent

Authority under the relevant State law;

(h) draft the approval process and

frame guidelines, schemes and Standard

Operating

procedure

for

new

investments and review and modify such

processes, schemes, guidelines and

Standard Operating procedure;

(i) notify the process and criteria for

selection and recommendation of an

applicant for allotment of land/plots to

special projects.

(j) facilitate approvals for investors to

set up their units in the State;

(k) identify and recommend areas to be

notified or de-notified under this

Ordinance as Investment Promotion

Areas;

(l) provide feedback and suggest

interventions to the Government on

investment climate and policy and

regulatory environment;

(m) identify infrastructure gaps

hindering investment growth in the State

and suggest short, medium and long-term

rolling plans to the Government to bridge

the gaps;

(n) seek membership of national and

international investment promotion

agencies including World Association of

Investment Promotion Agency to

promote the State as an investment

destination amongst the national and

international trade community;

(o) take all necessary measures to

boost

and

promote

agricultural

industries, cottage industries, dairy

farming and eco-tourism;

(p) provide time bound dispute and

grievance redressal mechanism for

investors;

(q) frame an exit policy and submit it

to the Government for approval, which

will set the framework for any industrial

unit desirous of shutting down their

operations in State;

(r) submit its suggestions to the

Government in respect of any policies laid

down by it as also in respect of Regional

Plan, Outline Development Plan,

Development Plan, Land Use Maps and/

or all other regulations made under

various State laws;

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(s) take special measures to approach

and invite investors for promoting

industries and boosting investments in

the State;

(t) adopt, apply and implement any

Central

Government

Scheme

for

promoting industries in the State;

(u) decide on any matters related to the

projects approved including but not

limited to name change, change in

constitution or shareholding, review,

cancellation and revocation of proposals.

(v) examine proposals for setting up of

any project received by it and take

appropriate

decisions,

including

recommendation to sanction customized

packages for such proposals to the

Government.

14. General Powers of the Board.— (1)

Subject to the provisions of this Ordinance and

subject to special directions issued by the

Government, the Board shall have all powers

including incidental and ancillary powers to

perform, carry out, undertake any function

to promote and facilitate investment

opportunities in the State.

(2) Notwithstanding anything contained in

any other State law but subject to the

provisions of this Ordinance, the Board, with

the previous sanction of the Government may,

in exercise of its powers and performance of

its functions under this Ordinance, issue

directions in writing to any person, officer or

any Competent Authority under the relevant

State law and such person, officer or

Competent Authority shall be bound to comply

with such directions.

Explanation.— The power to issue

directions under this sub-section shall be

limited to a person, officer or Competent

Authority in the State and it shall include

power to direct to consider, grant, approve a

particular project with such conditions as the

Board may deem fit and proper in the nature

and circumstances of the case.

(3) Notwithstanding anything contained in

any other State law, the Board shall, in case

any person, officer or Competent Authority

under the State law fails to process and dispose

of application within the time limit specified

under sub-section (1) of section 39, have the

power to consider and dispose of such

application under any such State law and for

this purpose, reference to the person, officer

or Competent Authority in such State law shall

be construed as reference to the Board:

Provided that where the Board is unable to

meet or otherwise unable to consider the

application immediately, the Chairperson of

the Board may, for reasons to be recorded in

writing, decide the application and report the

action taken to the Board in its next meeting

and the decision of the Chairperson, on such

application shall for all purposes deemed to

be the decision of the Board under this

sub-section.

(4) Where clearance is issued by the Board

under sub-section (3), the Board after

performing

necessary

enquiry

may

recommend to the Government to take

appropriate disciplinary action against the

defaulting person, officer or Competent

Authority, who has failed to dispose of the

application within the time limit specified

under sub-section (1) of section 39, if it is of

the opinion that there was a wilful default in

delaying the approval process of application.

(5) The Board shall have power to,—

(a) acquire, hold and develop such

property, both movable and immovable as

the Board may deem necessary for the

performance of its functions, and to lease,

sell, exchange or otherwise transfer any

property held by it on such conditions as

may be deemed proper by the Board;

(b) engage suitable consultants to

assist the Board in the performance of its

functions;

or specially to any of its committees or

officers;

(d) enter into and perform all such

contracts as it may consider necessary or

expedient for carrying out any of its

functions;

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(e) do such other things and perform such

other acts as it may think necessary or

expedient for the proper conduct of its

functions and for carrying into effect the

purposes of this Ordinance;

(f) review and monitor the disposal of

applications by the Sub-Committee;

(g) seek periodical returns from the

investors as to the turn-over, production,

employment generated, investment, etc., as

determined by the Board;

(h) review and monitor the processing of

applications by any person, officer or

Competent Authority within the time limit

stipulated in sub-section (1) of section 39;

(i) direct any person or officer or

Competent Authority for taking decision on

application pending beyond the time limit

stipulated in sub-section (1) of section 39.

(6) Where clearance is issued by the Board

under sub-section (3), the Board shall have the

power to call for reason of delay and may

during its meetings call for necessary

information and personal appearance of the

concerned person, officer or Competent

Authority.

15. Authentication of orders and documents

of the Board.— All clearances, orders,

decisions, notices, and other documents of the

Board shall be authenticated by the signature

of the Chief Executive Officer or any other

officer authorised by the Board in this behalf.

16. Directions by the Government.— The

Government may issue to the Board such

general or special directions as regards to

policy as it may think necessary or expedient

for the purpose of carrying out the purposes

of this Ordinance, and the Board shall be

bound to follow and act upon such directions.

CHAPTER IV

Establishment and Constitution of

the Sub-Committee

17. Constitution of the Sub-Committee.—

The Government may, by notification in the

Official Gazette, constitute a Sub-Committee

consisting of,—

(i) Minister for Industries – Chairperson.

(ii) Secretary (Industries) or his nominee–

Member.

(iii) Secretary (Environment) or his

nominee – Member.

(iv) Secretary (Town and Country

Planning) or his nominee – Member.

(v) All the members of the Board

nominated under clause (xii) of section 4 –

Members.

(vi) Chief Executive Officer of the Board –

Member Secretary.

18. Jurisdiction of the Sub-Committee.—

The Sub-Committee shall have the power to

decide the proposals referred to it by the Board

under sub-section (2) of section 5.

19. Disqualification of Members of the

Sub-Committee.— A person shall be

disqualified for being nominated as a member

of the Sub-Committee, if he,—

(a) is an employee of the Board, not being

the Chief Executive Officer; or

(b) is of unsound mind and stands so

declared by a competent court; or

(d) is convicted of an offence involving

moral turpitude within a period of five years

immediately before he being nominated/

/appointed as the Chairperson or the

Member of the Sub-Committee.

20. Term of office and conditions of service

of the members of the Sub-Committee.— The

Chairperson or a member shall hold office

of the Sub-Committee as long as he is a

Vice-Chairperson or member of the Board, as

the case may be, or till the appointment is

terminated by the Board.

21. Meetings of the Sub-Committee.— (1)

The Sub-Committee shall meet at such time

and at such place as it may determine and

shall subject to the provisions of sub-section

(2) observe such rules or procedure for

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transaction of its business as may be provided

by regulations made under this Ordinance.

However, the Sub-Committee shall meet at

least once a month.

(2) A member who is directly or indirectly

concerned or interested in any proposal,

arrangement, subsidy etc., shall at the earliest

possible opportunity disclose the nature of his

interest to the Sub-Committee when any such

proposal is discussed.

(3) The Chairperson of the Sub-Committee

shall preside at all meetings of the

Sub-Committee and in the absence of the

Chairperson, the members present shall

choose the presiding officer to preside over

the meeting.

(4) The quorum for meeting of the

Sub-Committee shall be six members.

(5) The Sub-Committee may invite a person

or expert who is not a member of the Board,

as special invitee or co-opt any person as an

advisor for any meeting of the Sub-Committee,

except that a person so co-opted shall

have no right to vote on any matter before the

Sub-Committee for a decision.

22. Cessation of Member of the Sub-Commi-

ttee.— (1) If a member,—

(a) becomes subject to any of the

disqualifications mentioned in section 19, or

(b) tenders his resignation in writing to,

and such resignation is accepted by, the

Government; or

ttee’s permission, for three consecutive

meetings of the Sub-Committee; or

(d) is convicted of an offence involving

moral turpitude,

he shall cease to be a member of the

Sub-Committee.

(2) The Board may, by an order, suspend or

remove any member from his office on the

ground of proved misbehaviour, incapacity or

misuse of position:

Provided that a member shall not be

suspended or removed unless he has been

given a reasonable opportunity of being heard.

23. Vacancies of the Sub-Committee how to

be filled.— Any vacancy of a member of the

Sub-Committee shall be filled as early as

practicable, in the like manner as if the

appointment/nomination was being made

originally.

24. Temporary absence of members of Sub-

Committee.— If the Chairperson or any other

member of the Sub-Committee is by reason of

illness or otherwise rendered temporarily

incapable of carrying out his duties, or is

granted leave of absence by the Government,

or is otherwise unable to attend his duties in

the circumstances not involving the cessation

of his membership, the Government may

appoint/nominate another person to act for

him and carry out his duties and functions

under this Ordinance. Such person shall

vacate office on the date when the member

for whom he is acting resumes his duties:

Provided that in case of members specified

in clause (v) of sub-section (2) of section 17,

such temporary appointment shall be done

only after receipt of nomination from the

respective bodies.

25. Proceeding of the Sub-Committee

presumed to be good and valid.— No

disqualification of or defect in the

appointment/nomination of any person acting

as the Chairperson or a member of the Sub-

Committee shall vitiate any act or proceedings

of the Sub-Committee, if such act or

proceeding is otherwise in accordance with

the provisions of this Ordinance.

CHAPTER V

Functions and Powers of the

Sub-Committee

26. Functions of the Sub-Committee.— The

functions of the Sub-Committee shall be,—

(i) to decide on any matters related to the

approved projects including but not limited

to name change, address change, change

in constitution or shareholding, review,

cancellation and revocation of proposals

referred to it by the Board, subject to

ratification of the decision by the Board;

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(ii) to evaluate investment proposals

referred to it by the Board;

(iii) in particular and without prejudice

to the generality of the provisions of clause

(i) to,—

(a) forward the application of the

investor within its jurisdiction, to the

concerned person, officer or Competent

Authority for processing and disposal;

(b) monitor the status of the

applications;

any decision taken by any person, officer

or Competent Authority with respect to

the proposal within the jurisdiction of the

Sub-Committee.

27. Powers of the Sub-Committee.— (1)

Notwithstanding anything contained in any

other State law but subject to the provisions

of this Ordinance, the Sub-Committee, with

the previous sanction of the Government may,

in exercise of its powers and performance of

its functions under this Ordinance, issue

directions in writing to any person, officer or

any Competent Authority and such person,

officer or Competent Authority shall be bound

to comply with such directions.

Explanation.— The power to issue direction

under this sub-section shall be limited to a

person, officer or Competent Authority in the

State and it shall include power to direct to

consider, grant, approve a particular project

with such conditions as the Sub-Committee

may deem fit and proper in the nature and

circumstances of the case.

(2) The Sub-Committee shall have the

power to,—

(a) review and monitor the processing of

applications by any person, officer or

Competent Authority;

(b) direct any person, officer or

Competent Authority for taking decision

on applications pending beyond the time

limit stipulated in sub-section (1) of section

39.

(3) Notwithstanding anything contained in

any State law and subject to the provisions of

this Ordinance, the Sub-Committee shall in

case any person, officer or the Competent

Authority fails to process and dispose of any

application within the time limit stipulated

under sub-section (1) of section 39, place the

respective case before the Board to consider

and dispose of application for permission in

terms of sub-section (3) of section 14.

CHAPTER VI

Finance, Accounts and Audit

28. Application of Boards assets.— All

property, funds and other assets vesting in the

Board shall be held and applied by it, subject

to the provisions and the purposes of this

Ordinance.

29. Board’s fund.— (1) The Board shall have

and maintain its own fund, to which shall be

credited,—

(i) all monies received by the Board by

way of grants, subventions, loans, advances

or otherwise;

(ii) all fees, costs and charges received

by the Board under this Ordinance.

(2) The Board may keep in current account

or in deposit account with the State Bank of

India or any other Bank approved by the

Government in this behalf such sum of money

out of its fund as prescribed and any money

in excess of the said sum shall be invested in

such manner as may be approved by the

Government.

(3) Such accounts shall be operated by such

officers of the Board as may be authorised by

it by regulations made in this behalf.

30. Grants, subventions, loans and advances

and capital contribution to the Board.— The

Government may, after due appropriation

made by the State Legislature by law in this

behalf, make in each financial year such

grants, subventions, loans, advances and

capital contribution to the Board as it may

deem necessary for the performances of the

functions of the Board under this Ordinance

and all such grants, subventions, loans,

advances and capital contribution made shall

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be on such terms and conditions as the

Government may, after consulting the Board,

determine.

31. Power of the Board to borrow.— The

Board may, subject to such conditions as

prescribed, borrow money in the open market

or otherwise with a view to provide itself with

adequate resources.

32. Reserve and other funds.— (1) The Board

shall make provision for reserve and other

specially denominated funds as the

Government may, from time to time, direct.

(2) The management of the funds referred

to in sub-section (1), the sums to be

transferred from time to time to the credit

thereof and the application of money

comprised therein, shall be determined by the

Board.

(3) None of the funds referred to in

sub-section (1) shall be utilised for any

purpose other than that for which it is

maintained without the previous approval of

the Government.

33. Expenditure from funds.— The Board

shall have the authority to spend such sums

as it thinks fit for the purpose authorised under

this Ordinance from and out of the general

fund of the Board referred to in section 29.

34. Budget and programme of work.— (1)

The Board shall, by such date in each year as

may be prescribed, prepare, and submit to the

Government for approval an annual financial

statement and the programme of work for the

succeeding financial year.

(2) The annual financial statement shall

show the estimated receipts and expenditure

during the succeeding financial year in such

form and detail as may be prescribed.

(3) The Board shall be competent to make

variations in the programme of work in the

course of the year provided that all such

variations and re-appropriations out of the

sanctioned budget are brought to the notice

of the Government by a supplementary

financial statement.

(4) The annual financial statement and the

programme of work and the supplementary

financial statement, if any, shall be placed

before the Legislative Assembly as soon as

may be after their receipt by the Government.

35. Accounts and audit.— (1) The Board

shall maintain books of account and other

books in relation to its business and

transaction in such form and in such manner,

as prescribed.

(2) The accounts of the Board shall be

audited by an auditor appointed by the

Government.

(3) As soon as the accounts of the Board are

audited the Board shall send a copy thereof

with a copy of the report of the auditor thereon

to the Government.

(4) The Government shall cause the

accounts of the Board together with the audit

report thereon forwarded to it under sub-

section (3) to be laid annually before the State

Legislature.

36. Concurrent and special audit of

accounts.— (1) Notwithstanding anything

contained in section 35, the Government may

order that there shall be concurrent audit of

accounts of the Board by such person as it

thinks fit. The Government may also direct a

special audit to be made by such person as it

thinks fit of the accounts of the Board relating

to any particular transaction or class or series

of transactions or to a particular period.

(2) When an order is made under

sub-section (1), the Board shall present or

cause to be presented for audit such accounts

and shall furnish the person appointed under

sub-section (1) such information as the said

person may require for the purpose of audit.

CHAPTER VII

Officers and Employees of the Board

37. Officers and Employees of the Board.—

(1) The Government in consultation with the

Board shall appoint a Chief Executive Officer

of the Board upon selection by a committee

comprising of the Secretary Industries, and

three other representatives nominated by the

Chairperson of the Board.

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(2) The Board may appoint, such other

officers and servants sub-ordinate to the

officer mentioned in sub-section (1), as it

considers necessary for efficient performance

of its duties and functions.

(3) The conditions of appointment and

service of the officers and servants of the Board

and their scales of pay shall be such as may

be determined by regulations made under this

Ordinance.

CHAPTER VIII

Application to the Board

38. Application for clearance.— (1) An

Investor desiring to set up an enterprise in the

State and obtain clearances under the relevant

State laws may apply to the Board under

section 5 through a single window clearance

system.

(2) All applications for clearances shall be

submitted along with such fee, in such manner

alongwith such processing fee as specified by

the Board.

(3) The Board shall issue the acknow-

ledgement only on receipt of application

complete in all respect.

(4) The Board may refer any of the

application to the Sub-Committee.

(5) The Board or the Sub-Committee, as the

case may be, may get the project evaluated

prior to grant of in principle approval.

(6) The Board, Sub-Committee, its members

or any of its authorised officials may inspect

the area prior to grant of in principle approval.

(7) The Board or Sub-Committee may obtain

any additional information or documents from

the applicant or the Competent Authority.

(8) After grant of in principle approval, the

application shall be forwarded by the Board

or the Sub-Committee to the concerned

person or officer or Competent Authority for

processing and disposal within the time limit

specified in sub-section (1) of section 39.

39. Time limit for processing of applications

and issue of clearances.— (1) The concerned

person or officer or Competent Authority shall

process and dispose of application within a

period of twenty-one days from the date of

receipt of the application under sub-section

(8) of section 38.

(2) On receipt of an application, the person,

officer or Competent Authority, may through

the Board or the Sub-Committee, obtain further

additional information from the applicant as

required, at any time before the expiry of the

period stipulated for the disposal of such

application with an advance copy of the same

to the applicant:

Provided that the person, officer or

Competent Authority shall strictly ensure that

all the queries are raised together with a single

letter and no query is raised separately

causing delay in clearance.

(3) The applicant shall furnish the required

information as expeditiously as possible to the

Board or the Sub-Committee, as the case may

be, with a copy to the concerned person or

officer or Competent Authority simultaneously.

(4) The concerned person, officer or

Competent Authority shall send its order

sanctioning or rejecting the application, to the

Board or the Sub-Committee, as the case may

be, so that the application is disposed within

the time limit specified in sub-section (1).

40. Combined Application Form.— The

Board may specify such application form as

deemed fit by it and every Competent

Authority or person or officer shall accept such

application form for processing and issuing

required clearance.

41. Self–Certification.— (1) Every investor

shall certify and furnish a Declaration at the

time of submitting the application to the Board

in such form as prescribed, declaring that the

information submitted by him is true and

correct in all respects and that he shall comply

with the applicable provisions of the relevant

State laws and the rules and regulations made

thereunder.

(2) The Declaration furnished by the

investor shall be accepted by concerned

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person or officer or Competent Authority for

the purpose of issuing and granting a

clearance.

CHAPTER IX

Supplementary and Miscellaneous Provisions

42. Declaration of Investment Promotion

Area.— (1) Notwithstanding anything to the

contrary contained in any other State law for

the time being in force, the Government may,

by notification in the Official Gazette,—

(a) declare an area which is,—

(i) recommended by the Board; and

(ii) having the potential to develop

adequate facilities like power, roads,

water supply, etc.,

to be an Investment Promotion Area.

(b) appoint the Board or Sub-Committee

or any other committee or Officer thereof for

the purpose of the assessment and recovery

of any taxes when imposed as per the

provisions made thereof;

law relating to local authorities providing

for control or erection of buildings, levy and

collection of taxes, fees and other dues to

the local authority which is in force in such

Investment Promotion Area shall cease to

apply and thereupon such provisions shall

cease to apply thereof:

Provided that the Municipal Corporation,

Municipalities and the Village Panchayats

which were receiving house tax, other taxes

or fees from the occupants in such

Investment Promotion Area under their

respective laws, shall be compensated by

the Government to the extent of the last

financial year’s collection of such house tax,

other taxes or fees for such period as may

be determined by the Government which

shall not be less than five years;

(d) make other provision as is necessary

for the purpose of enforcement of the

provision so provided to that area.

(2)Before publication of a notification under

sub-section (1), the Government shall cause

to be published in the Official Gazette and also

in at least one newspaper published in a

language other than English and circulating

in the area to be specified in the notification,

inviting all persons who entertain any

objections to the said proposal to submit the

same in writing with reasons therefor to the

Government within one month from the date

of publication of the proclamation in the

Official Gazette.

(3) No such notification under sub-section

(1) shall be issued by the Government, unless

the objections, if any, so submitted are in its

opinion insufficient or invalid.

43. Development of areas.— (1) Notwith-

standing anything to the contrary contained

in any other State law for the time being in

force, once a notification is issued under clause

(a) of sub-section (1) of section 42 declaring

any area to be an Investment Promotion Area,

the Government may, by notification in the

Official Gazette, appoint a Planning,

Development and Construction Committee

consisting of the following members, namely:-

(i) Chief Secretary — Chairperson;

(ii) Secretary (Industries) — Member;

(iii) Director, Directorate of Industries,

Trade and Commerce — Member;

(iv) Chief Town Planner (Planning) or his

nominee not below the rank of the Deputy

Town Planner — Member;

(v) Director, Directorate of Health

Services or his nominee not below the rank

of the Deputy Director — Member;

(vi) Director of Fire and Emergency

Service or his nominee not below the rank

of Deputy Director — Member;

(vii) Chief Inspector of Factories and

Boilers or his nominee not below the rank

of the Inspector — Member;

(viii) Chief Electrical Engineer, Electricity

Department or his nominee not below the

rank of the Superintending Engineer —

Member;

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(ix) Principal Chief Engineer, Public

Works Department or his nominee not

below the rank of the Superintending

Engineer — Member;

(x) Principal Chief Conservator of Forests

— Member;

(xi) Member Secretary, Goa State Pollution

Control Board — Member;

(xii) Member Secretary, Goa Coastal Zone

Management Authority — Member;

(xiii) District Collector, North Goa —

Member;

(xiv) District Collector, South Goa —

Member;

(xv) Chief Executive Officer of the Board

— Member Secretary,

to decide and dispose of all applications for

change of land use/conversion, land

development and building construction under

the Goa Land Revenue Code, 1968 (Act 9 of

1969), the Goa, Daman and Diu Town and

Country Planning Act, 1974 (Act 21 of 1975),

the Goa (Regulation of Land Development and

Building Construction) Act, 2008 (Goa Act 6

of 2008) and the rules and regulations framed

thereunder (hereinafter referred to as the

“said Acts”).

(2)The Planning, Development and

Construction Committee shall discharge all

the functions of,—

(i) the Collector under the Goa Land

Revenue Code, 1968 (Act 9 of 1969);

(ii) the Chief Town Planner of the Town

and Country Planning Department, in a

non-planning area and the Planning and

Development Authority in a planning area,

under the Goa, Daman and Diu Town and

Country Planning Act, 1974 (Act 21 of 1975);

and

(iii) the Competent Authority under the

Goa Land Development and Building

Construction Regulations, 2010.

(3) The Planning, Development and

Construction Committee shall have regard to

the provisions of all local laws including any

regional plan, outline development plan,

comprehensive development plan or other

plans prepared under the relevant Act as in

force.

44. Allotment of land for the purpose of

investment promotion.— The Government

may, by notification in the Official Gazette,

specify such land as it deems fit, for the

purposes of investment promotion under this

Ordinance.

45. Restrictions of development on certain

lands.— The Board or sub-committee shall not

recommend following lands for the purpose

of setting up of project or for investment

promotion under this Ordinance, namely:—

(a) a khazan land and low-lying paddy

field except for the purpose of activities as

permissible thereon,

(b) sloping or non-developable slope land

with the gradient of more than 25%;

sanctuaries except for the purpose of

activities as permissible thereon under the

Wildlife Protection Act, 1972 (Central Act 53

of 1972);

(d) land covered under the Coastal

Regulatory Zone except the project which

has prior approval or clearance of Goa

Coastal Zone Management Authority;

(e) lands earmarked as open spaces

under the Goa, Daman and Diu Town and

Country Planning Act, 1974 (Act 21 of 1975);

(f) land under dispute where any court,

tribunal, or any statutory authority has

passed any injunction or granted any status

quo or prohibitory orders;

(g) Tenanted agricultural land except for

agricultural activities carried out by tenant/

deemed purchaser.

46. Review of cases by the Board.—

Notwithstanding anything contained in any

State law for the time being in force, the Board

may, either suo moto or on a reference from

any person, officer or Competent Authority or

an investor, examine any order passed by the

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Sub-Committee and pass appropriate orders

as it deems fit and such orders shall be final

and binding on the Sub-Committee and on

such person, officer or the Competent

Authority or an investor.

47. Power of the Government to dissolve the

Board.— (1) The Government may, by a

notification in the Official Gazette, dissolve the

Board with effect from such date as may be

specified in such notification.

(2) With effect from the date specified in the

notification issued under sub-section (1),—

(a) all properties, funds which are vested

in and dues which are realisable by, the

Board shall vest in, or be realisable by, as

the case may be, the Government; and

(b) all liabilities which are enforceable

against the Board shall be enforceable

against the Government.

48. Implementation of the Goa Investment

Policy.— (1) The Board shall be responsible for

the implementation of the Goa Investment

Policy.

(2) The Board shall ensure that the goals and

targets set under the Goa Investment Policy

are met.

49. Penalty.— Any investor who submits

false information or fails to comply with the

conditions or undertaking in the Declaration

given to the Board or the Sub-Committee, as

the case may be, shall be liable for a penalty

not less than 2% but not exceeding 10%, of the

investment value specified by the investor, to

be imposed by the Board. The decision of the

Board in this regard shall be final and binding

upon the investor.

50. Furnishing of returns, etc.— (1) The

Board shall furnish to the Government such

returns, statistics, reports, accounts and other

information with respect to its conduct of

affairs, properties or activities or in regard to

any proposed work or scheme as directed by

the Government from time to time.

(2) The Board shall, in addition to the audit

report referred to in section 35, furnish to the

Government an annual report on its working

as soon as may be after the end of each

financial year in such form and details as

prescribed, and a copy of the annual report

shall be placed before the State Legislature

as soon as may be after it is received by the

Government.

51. Default in performance of duty.— (1) If

the Government is satisfied that the Board or

the Sub-Committee has made a default in

performing any duty or obligation imposed or

cast on it by or under this Ordinance, the

Government may fix a period for the

performance of that duty or obligation by

giving notice to the Board or the Sub-

Committee, as the case may be.

(2) If, in the opinion of the Government, the

Board or the Sub-Committee fails or neglects

to perform such duty or obligation within

the period so fixed for its performance

it shall be lawful for the Government to

dissolve and re-constitute the Board or the

Sub-Committee.

(3) After dissolution of the Board or the Sub-

Committee and until it is reconstituted, the

powers, duties and functions of the Board and

the Sub-Committee under this Ordinance shall

be carried on by the Government or by such

officer or officers or committee of officers as

may be appointed by the Government and all

properties vested in the Board shall, during

such period, vest in the Government.

52. Power to make rules.— (1) The

Government may, in consultation with the

Board, by notification in the Official Gazette,

make rules for carrying out the purposes of

this Ordinance.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for,—

(a) sum of money out of Board’s fund to

be kept in current account or in deposit

account with the State Bank of India or any

other Bank under sub-section (2) of section

29;

(b) conditions for borrowing money in the

open market or otherwise under section 31;

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financial statement and the programme of

work for the succeeding financial year, to

the Government, under sub-section (1) of

section 34;

(d) form and details of the annual financial

statement under sub-section (2) of section

34;

(e) form and manner in which books of

account and other books in relation to its

business and transaction to be maintained

under sub-section (1) of section 35;

(f) form of the Declaration to be submitted

along with the application to the Board

under sub-section (1) of section 41;

(g) form and details for submission of an

annual report under sub-section (2) of

section 50.

(3) Every rule made by the Government

under this Ordinance shall be laid as soon as

may be after it is made, before the State

Legislature while it is in session, for a total

period of fourteen days which may be

comprised in one session or in two or more

successive sessions and if, before the expiry

of the session in which it is so laid or the

session immediately following, the House

agrees in making any modification in the rules

or House agrees that the rules should not be

made, the rules shall thereafter have effect

only in such modified form or be of no effect,

as the case may be, so, however, that any such

modification or annulment shall be without

prejudice to the validity of anything previously

done under such rules.

53. Power of Board to make regulations.—

(1) The Board may, with the prior approval of

the Government, by notification in the Official

Gazette, make such regulations, as it may

deem necessary, consistent with this

Ordinance and rules made thereunder,

for carrying out the purposes of this

Ordinance.

(2) In particular and without prejudice to

the generality of foregoing power, such

regulations may provide for all or any of the

matters, namely:—

(a) rules and procedure for transaction of

business of the Board under sub-section (1)

of section 8;

(b) rules and procedure for transaction

of business of the Sub-Committee under

sub-section (1) of section 21;

to operate accounts of the Board under

sub-section (3) of section 29;

(d) conditions of appointment and service

of the officers and servants of the Board and

their scales of pay under sub-section (3) of

section 37.

54. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against the Government

or any officer or any employee of the

Government or the Board or the Sub-

Committee constituted under this Ordinance

or any member, officer, or other employee of

the Board or the Sub-Committee in respect of

anything which is done or intended to be done

in good faith in pursuance of this Ordinance

or the rules or the regulations made or orders

or directions issued thereunder.

55. Members, officers and employees of the

Board or the Sub-Committee, constituted

under this Ordinance to be public servants.—

All the members of the Board and

Sub-Committee constituted under this

Ordinance and all officers and other

employees of the Board or the Sub-Committee

when acting or purporting to be acting in

pursuance of any provisions of this Ordinance

or the rules and regulations made or orders

or directions issued thereunder shall be

deemed to be public servants within the

meaning of section 21 of the Indian Penal Code,

1860 (45 of 1860).

56. Bar of jurisdiction of courts.— No Court

shall entertain any suit, application or other

proceeding in respect of anything done, action

taken, or order or direction issued by

the Government or the Board or the

Sub-Committee or any officer in pursuance of

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any power conferred by or in relation to their

functions under this Ordinance.

57. Power to delegate.— The Government

may, by notification in the Official Gazette,

delegate, such of its powers and functions

under this Ordinance, as it may deem

necessary and expedient, except the power

to make rules under section 52, to any officer

of the Board subject to such conditions and

limitations as may be specified in such

notification.

58. Inspection and Assistance from

Authorities.— (1) Every Competent Authority,

public servant and officer of all the

departments of the Government shall render

such help and assistance and furnish such

information to the Board as it may require for

the discharge of its functions and shall make

available to the Board or the Sub-Committee

for inspection and examination such

records, maps, plans and other documents as

may be necessary for the discharge of its

functions.

(2) Inspection for grant of any permission

in respect of the project under the relevant

State law or the rules made thereunder shall

be conducted jointly by the Board and the

concerned Authority.

(3) Inspection in respect of complaints may

be conducted under the authorization of the

respective Head of the Department.

(4) Any surprise inspections may be

conducted with specific permission of the

concerned Head of the Department.

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59. Ordinance to have overriding effect.—

The provisions of this Ordinance shall have

effect notwithstanding anything inconsistent

therewith contained in any other State law.

60. Repeal and savings.— The Goa

Investment Promotion Act, 2014 (Goa Act 13

of 2014) is hereby repealed:

Provided that such repeal shall not,—

(a) revive anything not in force or existing

at the time at which the repeal takes

effect; or

(b) affect the previous operation of the

repealed Act or anything duly done or

suffered thereunder; or

etc., under the repealed Act; or

(d) affect any right, privilege, obligation

or liability acquired, accrued or incurred

under the repealed Act or Rules and

Regulations framed thereunder; or

(e) affect any fees, interest, penalty as are

due or may become due or any forfeiture or

violation committed under the provisions of

the repealed Act or Rules and Regulations

framed thereunder.

Place: Raj Bhavan,

Sd/-

Dona Paula, Goa.

Governor of Goa.

Dated: 26-06-2021.