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Goa Gazette · Government of Goa

Goa Gazette, No. 2122-23, 03 September 2021

Published 03 September 2021

Type
EOG
Gazette no.
2122-23
Num
3
Series
SI
Identifier
in.goa.egaz.2122-23.SI/2122-23-SI-EOG-3
Languages
English, Portuguese
Published at
Original source ↗

RNI No. GOAENG/2002/6410 Reg. No. RNP/GOA/32/2021-2023

Panaji, 3rd September, 2021 (Bhadra 12, 1943) SERIES I No. 23 PUBLISHED BY AUTHORITY

EXTRAORDINARY

No. 3

Goa Legislature Secretariat

–––

LA/LEGN/2021/823

The following bill which was introduced in the Legislative Assembly of the State of Goa on 28th July, 2021 is hereby published for general information in pursuance of Rule–138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.

–––––––––

The Court-Fees (Goa Amendment) Bill, 2021

(Bill No. 19 of 2021)

A

BILL

further to amend the Court-Fees Act, 1870 (7 of 1870), as in force in

the State of Goa.

BE it enacted by the Legislative Assembly of Goa in the Seventy-

second Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called

the Court-Fees (Goa Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of Schedule IIA.— In the Court-Fees Act, 1870 (7 of 1870), as in force in the State of Goa, in Schedule II A for article 1, the following article shall be substituted, namely:—

"

1 Application or

Five rupees

Petition

(a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings1251 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 with the Government, and when the subject-matter of such application relates to exclusively to those dealings;

Five rupees

or when presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement;

Five rupees.

or when presented to any Municipal Council/ Commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improve- ment;

Five rupees.

or when presented to any Civil Court other than a principal Civil Court of original jurisdiction or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees;

Five rupees.

or when presented to any Civil, Criminal or Revenue Court or to any Board or Executive Officer for the purpose of obtaining a copy or translation of any judgement, decree or order passed by such Court, Board or Officer or of any other document on record in such Court or office.

Five rupees.

(b) When containing a complaint or charge of any offence other than an offence for which police officers may, under the Criminal Procedure Code1252 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 arrest without warrant and presented to any Criminal Court;

Five rupees.

or when presented to a Civil, Criminal or Revenue Court or to a Collector, or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act;

Five rupees.

or to deposit in Court, revenue or rent;

Five rupees.

or for determination by a Court of the amount of compensation to be paid by landlord to his tenant.

Thirty rupees.

(c) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a division and not otherwise

provided by this Act.

Twenty rupees.

(d) When presented to any competent authority for the purpose of obtaining a certificate of domicile.

(e) When presented to the

High Court,—

Twenty hundred and fifty rupees.

(i) for direction, order or writ under article 226 of the Constitution of India for the enforcement of any of the fundamental rights conferred by Part III of the Constitution of India or for the exercise of its jurisdiction under article 227 thereof.

Three hundred rupees.

(ii) in any other case not otherwise provided for by this Act.

".

1253 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

Statement of Objects and Reasons

The applications are required to be filed before the Courts, Quasi Judicial Authorities and Revenue Authorities, routinely during the long continuation of proceedings. Charging of Rs. 20/- as court fee on such applications is not reasonable, especially when such applications are required to be filed on multiple occasions from time-to-time in such proceedings. Hence, the Bill seeks to amend Schedule II A appended to the Court Fees Act, 1870 (7 of 1870), as in force in the State of Goa, for reducing the Court fees payable on an application or petition presented before different authorities.

This Bill seeks to achieve the above object.

Financial Memorandum

There are financial implications involved on account of decrease in Court fees to be paid on the application or petition to be filed before different authorities. The same cannot be quantified as it will depend upon the number of such applications or petitions filed.

Memorandum Regarding Delegated Legislation

No delegated legislation is envisaged in this Bill.

Porvorim, Goa. NILESH CABRAL 16th July, 2021. Minister for Law

Secretary to the

Assembly Hall, NAMRATA ULMAN Porvorim, Goa.

Legislative Assembly of Goa

_______

Governor's Recommendation under Article 207 of the Constitution of India.

In pursuance of article 207 of the Constitution of India, I, Bhagat Singh Koshyari, Governor of Goa, hereby recommend the introduction and consideration of the Court-Fees (Goa Amendment) Bill, 2021 by the Legislative Assembly of Goa.

ANNEXURE

SCHEDULE II A

FIXED FEES

Article number

- Proper fee

(1)

(2)

(3)

1. Application or

Twenty rupees

petition

(a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings1254 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 with the Government, and when the subject-matter of such application relates to exclusively to those dealings.

Twenty rupees

or when presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement;

Twenty rupees

or when presented to any Municipal Council/ Commissioner under any Act for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement;

Twenty rupees.

or when presented to any Civil Court other than a principal Civil Court of principal Civil Court of original jurisdiction or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees;

Twenty rupees.

or when presented to any Civil, Criminal or Revenue Court or to any Board or Executive Officer for the purpose of obtaining a copy or translation of any judgement, decree or order passed by such Court, Board or Officer or of any other document on record in such

Court or office.

Twenty rupees.

(b) when containing a complaint or charge of any offence other than an offence for which police officers may, under the Criminal Procedure Code1255 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 arrest without warrant and presented to my Criminal Court;

Twenty rupees

or when presented to a Civil, Criminal or Revenue Court or to a Collector, or any revenue officer having jurisdiction equal or sub- ordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act;

Twenty rupees

or to deposit in court revenue or rent;

Twenty rupees.

or for determination by a Court of the amount of compensation to be paid by landlord to his tenant.

Thirty rupees.

(c) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a division and not otherwise provided by this Act.

Twenty rupees.

(d) When presented to any competent authority for the purpose of obtaining a certificate of domicile.

(e) When presented to the High

Court,-

Two hundred and fifty rupees.

(i) for direction, order or writ under article 226 of the Constitution of India for the enforcement of any of the fundamental rights conferred by Part III of the Constitution of India or for the exercise of its jurisdiction under article 227 thereof.

Three hundred rupees.

(ii) in any other case not otherwise provided for by this Act.

1256 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

LA/LEGN/2021/824

The following bill which was introduced in the Legislative Assembly of the State of Goa on 28th July, 2021 is hereby published for general information in pursuance of Rule– 138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.

––––––––

The Goa Laws (Amendment) Bill, 2021

(Bill No. 23 of 2021)

A

BILL

to amend certain enactments enacted by the Legislative Assembly of Goa, Daman and Diu and rules framed thereunder.

BE it enacted by the Legislative Assembly of Goa in the Seventy-second Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Goa Laws (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of certain enactments and rules framed thereunder.— In the enactments specified in the Schedule hereto and the rules framed thereunder, in the short title, the expression ", Daman and Diu" shall be omitted.

SCHEDULE

(See section 2)

Sr. Year Act Short Title No. No.

1 2 3 4

1. 1964 6 The Goa, Daman and Diu

Administration of Evacuee Property Act, 1964

2. 1965 7 The Goa, Daman and Diu

General Clauses Act, 1965

3. 1965 9 The Goa, Daman and Diu

Khadi and Village Industries Board Act, 1965

4. 1965 13 The Goa, Daman and Diu Suits Valuation Act, 1965

5. 1965 14 The Goa, Daman and Diu

Judicial Officers' Protection Act, 1965 1 2 3 4

6. 1965 15 The Goa, Daman and Diu

State Aid to Industries Act, 1965

7. 1965 16 The Goa, Daman and Diu

Civil Courts Act, 1965

8. 1966 4 The Goa, Daman and Diu

(Extension of the Indian Majority) Act, 1965

9. 1966 9 The Goa, Daman and Diu

Mamlatdar's Court Act, 1966

10. 1968 1 The Goa, Daman and Diu

(Extension of the Provincial Insolvency Act) Act, 1967

11. 1968 9 The Goa, Daman and Diu

Weights and Measures (Enforcement) Act, 1968

12. 1970 3 The Goa, Daman and Diu

Dramatic Performance Act, 1969

13. 1971 11 The Goa, Daman and Diu

Protection of Rights of Tenants (Cashewnut and Areanut Gardens) Act, 1971

14. 1973 10 The Goa, Daman and Diu

Barge Tax Act, 1973

15. 1973 18 The Goa, Daman and Diu

Irrigation Act, 1973

16. 1973 4 The Goa, Daman and Diu

Prevention of Begging Act, 1972

17. 1973 5 The Goa, Daman and Diu

Livestock Improvement Act, 1972

18. 1974 7 The Goa, Daman and Diu Motor Vehicles (Taxation on Passengers and Goods) Act, 1974

19. 1974 8 The Goa, Daman and Diu

Motor Vehicles Tax Act, 1974

20. 1974 9 The Goa, Daman and Diu Diseases of Animals Act, 1974

21. 1974 10 The Goa, Daman and Diu

Highways Act, 1974

22. 1974 13 The Goa, Daman and Diu

Shops and Establishments Act, 19741257 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 1 2 3 4 1 2 3 4

23. 1975 13 The Goa, Daman and Diu

Secondary and Higher Secondary Education Board Act, 1975

24. 1975 16 The Goa, Daman and Diu

Excise Duty (Validation of Appointment and Proceedings) Act, 1975

25. 1976 1 The Goa, Daman and Diu

Mundkars (Protection from Eviction) Act, 1976

26. 1976 12 The Goa, Daman and Diu Plant Diseases and Pests Act, 1976

27. 1976 16 The Goa, Daman and Diu

Habitual Offenders Act, 1976

28. 1976 21 The Goa, Daman and Diu

Anatomy Act, 1976

29. 1978 13 The Goa, Daman and Diu

Prevention of Cow Slaughter Act, 1978

30. 1978 16 The Goa, Daman and Diu

(Extension of the Indian Easements Act) Act, 1978

31. 1979 1 The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978

32. 1980 5 The Goa, Daman and Diu

Laying of Rules before Legislature Act, 1980

33. 1980 10 The Goa, Daman and Diu

(Extension of the Power of Attorney Act) Act, 1980

34. 1981 3 The Goa, Daman and Diu

Marine Fishing Regulation Act, 1980

35. 1981 8 The Goa, Daman and Diu

Debt Relief Act, 1980

36. 1981 14 The Goa, Daman and Diu

(Authority for Use of Eyes for Therapeutic Purposes) Act, 1981

37. 1981 15 The Goa, Daman and Diu Communidade Employees (Conditions of Service) Act, 1981

38. 1982 10 The Goa, Daman and Diu

Registration of Tourist Trade Act, 1982

39. 1985 15 The Goa, Daman and Diu

School Education Act, 1984

40. 1985 17 The Goa, Daman and Diu

Toddy Tappers Welfare Fund Act, 1984

41. 1985 25 The Goa, Daman and Diu

Public Health Act, 1985

42. 1986 7 The Goa, Daman and Diu

Electricity Duty Act, 1986

43. 1986 9 The Goa, Daman and Diu

Fire Force Act, 1986

44. 1987 5 The Goa, Daman and Diu

Official Language Act, 1987

45. 1987 10 The Goa, Daman and Diu Public Moneys (Recovery of Dues) Act, 1987

Statement of Objects and Reasons

Various Acts have been enacted by the Legislative Assembly of Goa, Daman and Diu when Goa was part of the Union Territory of Goa, Daman and Diu. After enactment of the Goa, Daman and Diu Reorganization Act, 1987 (Central Act 18 of 1987), the new State of Goa as also the new Union Territory of Daman and Diu was formed. After Goa attained Statehood, various Legislations enacted by the then Union Territory of Goa, Daman and Diu remained in force and it is now proposed to omit the expression ", Daman and Diu" from the said Acts and the rules framed thereunder.

This Bill seeks to achieve the above object.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum Regarding Delegated Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim, Goa. SHRI NILESH CABRAL 23rd July, 2021. Minister for Law and

Judiciary.

Assembly Hall, SMT. NAMRATA ULMAN Porvorim, Goa. Secretary to the 23rd July, 2021. Legislative Assembly of Goa.

1258 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

LA/LEGN/2021/852

The following bill which was introduced in the Legislative Assembly of the State of Goa on 29th July, 2021 is hereby published for general information in pursuance of Rule–138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.

––––––––

The Indian Stamp (Goa Amendment) Bill, 2021 (Bill No. 39 of 2021)

A

Bill

further to amend the Indian Stamp Act, 1899 (2 of 1899), as in

force in the State of Goa.

Be it enacted by the Legislative Assembly of Goa in the Seventy

- second Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called

the Indian Stamp (Goa Amendment) Act, 2021.

(2) It shall come into force on such date as the Government may,

by notification in the Official Gazette, appoint.

Amendment of Schedule I-A.— In Schedule I-A of the Indian

Stamp Act, 1899 (2 of 1899), as in force in the State of Goa,—

(i) for article 32, the following article shall be substituted,

"32. GIFT – Instrument of, not being a Settlement (No. 58) or Will or Transfer (No. 62),- (a) when executed in favour of father, mother, brother, sister, wife, husband, daughter, son, grandson or grand daughter (b) in any other case HIRING AGREEMENT or agreement for service. See Agreement (No. 5)"; Five thousand rupees. The same duty as is leviable on a conveyance under clause (a) or (b), as the case may be, of article 22, on the market value of the property which is subject matter of gift.
"(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given. One thousand rupees".
1259 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

Statement of Objects and Reasons

The Bill seeks to amend the stamp duty proposed for registration of

Gift Deed without making the valuation of the property and Mortgage

Deed to help the mortgager, pay less stamp duty while mortgaging

the property for obtaining loan and to encourage registration of more

documents and bring these type of documents under the process of

collection of stamp duty.

This Bill seeks to achieve the above objects.

Financial Memorandum

There will be an impact on the State's revenue due to the proposed

reduction in the stamp duty that is prescribed for 'Gift' under Article

32 and for mortgage under Article 39 of Schedule I-A of the Indian

Stamp Act, 1899. However, the loss cannot be quantified at this stage.

Memorandum Regarding Delegated Legislation

No delegated legislation is envisaged in this Bill.

(Smt. Jennifer Monserrate)

Porvorim-Goa. 27th July, 2021 Minister for Revenue.

(Namrata Ulman)

Secretary to the

Assembly Hall, Porvorim-Goa. 27th July, 2021. Legislative Assembly of Goa.

_________

Governor's Recommendation under Article 207 of the Constitution of India

In pursuance of Ar ticle 207 of the Constitution of India, I, Shri P. S. Sreedharan Pillai, Governor of Goa, hereby recommend the introduction and consideration of the Indian Stamp (Goa Amendment)

Bill, 2021, by the Legislative Assembly Goa.

Governor of Goa

Place: Raj Bhavan P. S. SREEDHARAN PILLAI Dona Paula, Goa. Date: 27th July 2021.

1260 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

The extract of Article 32 and 39 of Schedule I-A to the Indian

Stamp Act (Goa Amendment) Act, 1968

"32. GIFT – Instrument of, not being a Settlement (No. 58) or Will or Transfer (No. 62),- HIRING AGREEMENT or agreement for service. See Agreement (No. 5)"; The same duty as is leviable on a conveyance under clause (a) or (b), as the case may be, of article 22, on the market value of the property which is subject matter of gift.
39. MORTGAGE-DEED, not being an agreement relating to Deposit of Title Deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 16), Mortgage of a Crop (No. 40), Respondentia Bond (No. 56), or Security Bond (No. 57) – (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given. (b) when possession is not given or agreed to be given as aforesaid: Explanation. A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article. c) when a collateral or auxiliary or additional or substituted security, or by way of further assurances for the above mentioned purposes where the principal or primary security is duly stamped- for every sum secured not exceeding Rs. 1,000/-; and for every Rs. 1,000/- or part thereof secured in excess of Rs. 1,000/- The same duty as is leviable on a conveyance under clause (a) or (b), as the case may be of article 22, a consideration equal to the amount secured by such deed. The same as Bond (No. 15) for the amount secured by such deed. Two rupees. Two rupees.
Exemptions (1) Instrument executed by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, or by their sureties as secured for the repayment of such advances. (2) Letter of hypothecation accom- panying a bill of exchange.
1261 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

________

LA/LEGN/2021/850

The following bill which was introduced

in the Legislative Assembly of the State of

Goa on 29th July, 2021 is hereby published

for general information in pursuance of Rule–

138 of the Rules of Procedure and Conduct

of Business of the Goa Legislative Assembly.

________

The Goa Investment Promotion and Facilitation of Single Window Clearance Bill, 2021

(Bill No. 20 of 2021)

A

Bill

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.

Be it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Goa

Investment Promotion and Facilitation of

Single Window Clearance Act, 2021.

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

of Goa.

(3) It shall be deemed to have come into

force with effect from the 26th day of June,

2021.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) "agriculture" means horticulture,

animal husbandr y, 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;

(c) "Board" means the Goa Investment Promotion and Facilitation Board

established under section 3;

(d) "Clearance" means grant or issue of

no objection cer tificate, consent,

enrolment, registration, permission,1262 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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;

(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 in1263 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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 Act;

(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) system" 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 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 Act.

4. Constitution.— The Board shall consist

of,-

(i) Chief Minister of Goa — Chairperson,

ex-officio;

(ii) Minister for Industries — Vice-

Chairperson, ex-officio;

(iii) Minister for Finance — ex-officio

member;

(iv) Chairman, Goa Industrial Development 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) Secretar y (Town and Countr y 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;

1264 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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 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

(c) is an undischarged insolvent; 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 provisions of sub-section (2), observe such rules or procedure for transaction of its business as may be provided by regulations made under this Act. 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; or1265 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 (c) is absent, without the Board's 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 Act. 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 Act.

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;

(iii) subject to the provisions of this Act

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 depar tments/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 respect 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;

(c) appoint such officers to assist the 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 State1266 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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 Act as Investment Promotion Areas;

(l) provide feedback and suggest interventions to the Government on investment climate and policy and regulatory environment;

(m) identify infrastr ucture gaps hindering investment growth in the State and suggest short, medium and long- term rolling plans to the Government to bridge the gaps;

(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;

(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 Act 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.

(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;

(2) Notwithstanding anything contained in any other State law but subject to the provisions of this Act, the Board, with the previous sanction of the Government may, in (o) take all necessary measures to boost and promote agricultural industries, cottage industries, dairy farming and eco-tourism;

1267 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

exercise of its powers and performance of its functions under this Act, 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 af ter performing necessar y enquir y 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;

(c) delegate any of its powers generally 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 carr ying out any of its functions;

(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 Act;

(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 necessar y information and personal appearance of the concerned person, officer or Competent Authority.

1268 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

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 Act, 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) Secretar y (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

(c) is an undischarged insolvent; 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 transaction of its business as may be provided by regulations made under this Act. 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-

-Committee.— (1) If a member,—

1269 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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

(c) is absent, without the Sub- Committee'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 Act. 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 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 Act.

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;

(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;

(c) suo moto examination and review 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 Act, the Sub-Committee, with the1270 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 previous sanction of the Government may, in

exercise of its powers and performance of its

functions under this Act, 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 Act, 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 Act.

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 Act.

(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 Act and all such grants, subventions, loans, advances and capital contribution made shall 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 be1271 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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 Act 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.

(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 such1272 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 as may be determined by regulations made under this Act.

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 acknowledge- ment 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 infor mation 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 person or officer or Competent Authority for the purpose of issuing and granting a clearance.

1273 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

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;

(c) declare that the provisions of any State 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 enter tain 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;

1274 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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 Secretar y, 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 Act.

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 Act, 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%;

(c) protected forest land and wildlife 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 Authority1275 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 or an investor, examine any order passed by the 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 Act, 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 Act 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 Act.

(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;

1276 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(c) date for submission of an annual 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 Act 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 four teen 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 Act and rules made thereunder, for carrying out the purposes of this Act.

(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;

(c) authorizing officers of the Board 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 Act 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 Act 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 Act to be public servants.— All the members of the Board and Sub-Committee constituted under this Act 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 Act 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 any power conferred by or in relation to their functions under this Act.

57. Power to delegate.— The Government may, by notification in the Official Gazette,1277 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 delegate, such of its powers and functions under this Act, 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) Ever y 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.

59. Act to have overriding effect.— The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law.

60. Power to remove 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 such order shall be made after the expiry of the period of three 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.

61. 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

(c) affect any previous approval, decision

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.

62. Repeal and Savings.— (1) The Goa Investment Promotion and Facilitation of Single Window Clearance Ordinance, 2021 (Ordinance No. 3 of 2021) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

Statement of Objects and Reasons

The Bill seeks 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.

The Bill seeks to repeal the Goa Investment

Promotion Act, 2014 (Goa Act 13 of 2014).

1278 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

The Bill also seeks to repeal the Goa Investment Promotion and Facilitation of Single Window Clearance Ordinance, 2021 (Ordinance No. 3 of 2021) promulgated by the Governor of Goa on 26-06-2021.

This Bill seeks to achieve the above objects.

Financial Memorandum

Certain provisions in this Bill relating to powers, duties and functions of the Board, declaration of investment promotion area, provisions related to the service conditions of the employees of the Board, providing grants by the Government to the Board for its functioning, appointment of Experts and Consultants as well as the implementation of the investment policy involve financial implications which cannot be quantified at this stage.

Memorandum Regarding Delegated Legislation

Clause 2(g) of the Bill empowers the Government to notify in Official Gazette package of assistance or facilities as specified for a project with investment above such value as specified, in addition to the existing assistance or facilities available in the State under various schemes.

Clause 3(1) of the Bill empowers the Government to issue notification in the Official Gazette, for establishing the Goa Investment Promotion and Facilitation Board.

Clause 8(1) of the Bill empowers the Board to 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 transaction of its business as may be provided by regulations made under this Act. However the Board shall meet at least once in every three months.

Clause 17 of the Bill empowers the Government to constitute a Sub-Committee by notification in Official Gazette.

Clause 21(1) of the Bill empowers the Sub- Committee to 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 transaction of its business as may be provided by regulations made under this Act. However, the Sub- Committee shall meet at least once a month.

Clause 29(2) of the Bill empowers the Board to 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.

Clause 29(3) of the Bill empowers the Board to authorise such officers to operate the accounts of the Board as may be authorised by it by regulations made in this behalf.

Clause 31 of the Bill empowers the Board to borrow money in the open market or otherwise with a view to provide itself with adequate resources, subject to such conditions as prescribed.

Clause 34(1) of the Bill empowers the Government to frame rules for fixing the date for preparing and submitting annual financial statement and programme of work for the succeeding financial year for approval of the Government.

Clause 34(2) of the Bill empowers the Government to frame rules for prescribing a form of the annual financial statement.

Clause 35(1) of the Bill empowers the Government to frame rules for prescribing the form and manner in which the books of account and other books shall be maintained.

Clause 37(3) of the Bill empowers the Board to determine 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 made under the regulations made under this Act.

Clause 41(1) of the Bill empowers the Board to obtain a Declaration from every investor while submitting the application in such form as prescribed, declaring that the information submitted by him is true and correct in all1279 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 respects and that he shall comply with the applicable provisions of the relevant State laws and the rules and regulations made thereunder.

Clause 42(1)(a) of the Bill empowers the Government to issue notification for declaring an area to be Investment Promotion Area.

Clause 42(1)(b) of the Bill empowers the Government to 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.

Clause 42(1)(c) of the Bill empowers the Government to declare that the provisions of any State 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.

Clause 42(1)(d) of the Bill empowers the Government to make other provision as is necessary for the purpose of enforcement of the provision so provided to that area.

Clause 42(2) of the Bill empowers the Government to publish in 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 enter tain any objections to the 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, before publication of a notification under sub-section (1).

Clause 43(1) of the Bill empowers the Government to issue notification in the Official Gazette to appoint Planning, Development and Construction Committee.

Clause 44 of the Bill empowers the Government to issue notification in the Official Gazette for specifying land for the purposes

of investment promotion under the Act.

Clause 47 of the Bill empowers the

Government by a notification in the Official

Gazette to dissolve the Board with effect from

such date as may be specified in such

notification.

Clause 50 of the Bill empowers the

Government to frame rules for prescribing a

form of annual report on working of the Board

and the details thereof.

Clause 52 of the Bill empowers the

Government to make Rules for carrying out

the purposes of the Act.

Clause 53 of the Bill empowers the Board

to make Regulations for carrying out the

purposes of the Act.

Clause 57 of the Bill empowers the

Government to issue notification for

delegating its powers and functions to any

officer of the Board.

These delegations are of normal character.

Porvorim, Goa, VISHWAJIT RANE 26th July, 2021. Minister for Industries.

Assembly Hall, NAMRATA ULMAN Porvorim–Goa. Secretary to the 26th July, 2021. Legislative Assembly of Goa.

__________

LA/LEGN/2021/829

The following bill which was introduced in the Legislative Assembly of the State of Goa on 28th July, 2021 is hereby published for general information in pursuance of Rule– 138 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly.

1280 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

The Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Bill, 2021

(Bill No. 40 of 2021)

A

BILL

further to amend the Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007 (Goa Act 11 of 2007).

Be, it enacted by the Legislative Assembly of Goa in the Seventy-second Year of the Republic of India as follows:-

1. Short title and commencement.— (1) This Act may be called the 'Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of section 42.— In section 42 of the Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007 (Goa Act 11 of 2007), in sub-section (1), for the expression "Registrar of Co-operative Societies, not below the rank of Assistant Registrar of Co-operative Societies", the expression "Department of Agriculture/Directorate of Agriculture, not below the rank of Agriculture Officer" shall be substituted.

Statement of Objects and Reasons

The Bill seeks to amend sub-section (1) of section 42, of the Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007 (Goa Act 11 of 2007) in view of reallocation of the subject, Agriculture Marketing to the Department of Agriculture, so as to enable Marketing Board to appoint Official from the Department/ Directorate of Agriculture as the Secretary of the Marketing Board. The subject 11 Agriculture Marketing" is now allotted to the Depar tment of Agriculture. Appointing Official from the Department of Agriculture will help in channelizing the various schemes and projects meant for marketing of the agriculture, animal husbandry and fisheries product. The bill seeks to achieve the above objects.

Financial Memorandum

No financial implications are involved in

this Bill.

Memorandum regarding Delegated Legislation

No delegated legislation is envisaged in

this Bill.

Porvorim-Goa. CHANDRAKANT (BABU) Dated 23-07-2021. KAVLEKAR

Minister for Agriculture.

Assembly Hall, NAMRATA ULMAN Porvorim-Goa. Secretary to the Legislative Dated: 23-07-2021. Assembly of Goa.

ANNEXURE

Extract of Section 42 The Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007 (Goa Act 11 of 2007).

Staff of Marketing Board

42. Power of the Marketing Board to employ

staff.—

The Marketing Board shall employ an official deputed by the Government from the Registrar of Co-operative Societies, not below the rank of Assistant Registrar of Co-operative Societies and such other officers and servants as may be necessary for the management of the market and for the collection, maintenance, dissemination and supply of information relating to crops, statistics and market intelligence and for carrying out it's duties under this Act and shall pay such officers and servants such salaries and allowances, pension or gratuity as the Marketing Board thinks fit and shall contribute to any Provident Fund and Pension Fund which may be established for the benefit of such employees.

Provided that all posts other than that of a Secretary, save as such general or special directions issued by the State Marketing Officer in this behalf, shall be created with the prior approval of the State Marketing Officer.

1281 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

Department of Law

Legal Affairs Division

__

Notification

7/17/2021-LA

The Court-Fees (Goa Amendment) Act, 2021 (Goa Act 18 of 2021), which has been passed by the Legislative Assembly of Goa on 29-07-2021 and assented to by the Governor of Goa on 29-08-2021, is hereby published for the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary (Law).

Porvorim, 3rd September, 2021.

–––––––––

The Court-Fees (Goa Amendment) Act, 2021

(Goa Act 18 of 2021) [29-08-2021]

AN

ACT

further to amend the Court-Fees Act, 1870 (7 of 1870), as in force

in the State of Goa.

BE it enacted by the Legislative Assembly of Goa in the Seventy-

second Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called

the Court-Fees (Goa Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of Schedule IIA.— In the Court-Fees Act, 1870 (7 of 1870), as in force in the State of Goa, in Schedule II A for article 1, the following article shall be substituted, namely:—

1. Application or

Five rupees

Petition

(a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates to exclusively to those dealings;

Five rupees

or when presented to any officer of land revenue by any person holding temporarily settled land1282 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement;

Five rupees

or when presented to any Municipal Council/ Commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improve- ment;

Five rupees.

or when presented to any Civil Court other than a principal Civil Court of original jurisdiction or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees;

Five rupees.

or when presented to any Civil, Criminal or Revenue Court or to any Board or Executive Officer for the purpose of obtaining a copy or translation of any judgement, decree or order passed by such Court, Board or Officer or of any other document on record in such Court or office.

Five rupees.

(b) When containing a complaint or charge of any offence other than an offence for which police officers may, under the Criminal Procedure Code arrest without warrant and presented to any Criminal Court;

Five rupees.

or when presented to a Civil, Criminal or Revenue Court or to a Collector, or any revenue officer having jurisdiction equal1283 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act;

Five rupees.

or to deposit in Court, revenue or rent;

Five rupees.

or for determination by a Court of the amount of compensation to be paid by landlord to his tenant.

Thirty rupees.

(c) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a division and not otherwise

provided by this Act.

Twenty rupees.

(d) When presented to any competent authority for the purpose of obtaining a certificate of domicile.

(e) When presented to the

High Court,—

Two hundred and fifty rupees.

(i) for direction, order or writ under article 226 of the Constitution of India for the enforcement of any of the fundamental rights conferred by Part III of the Constitution of India or for the exercise of its jurisdiction under article 227 thereof.

Three hundred rupees.

(ii) in any other case not otherwise provided for by this Act.

Secretary to the

Secretariat CHOKHA RAM GARG Porvorim, Goa, Dated: 03-09-2021. Government of Goa

Law Department (Legal Affairs).

1284 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

Notification

7/18/2021-LA

The Goa Laws (Amendment) Act, 2021

(Goa Act 20 of 2021), which has been passed

by the Legislative Assembly of Goa on

29-07-2021 and assented to by the Governor

of Goa on 30-08-2021, is hereby published

for the general information of the public.

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

Porvorim, 3rd September, 2021.

–––––––––

The Goa Laws (Amendment) Act, 2021

(Goa Act 20 of 2021) [30-08-2021]

AN

ACT

to amend certain enactments enacted by the Legislative Assembly of Goa, Daman and Diu and rules framed thereunder.

BE it enacted by the Legislative Assembly of Goa in the Seventy-second Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called the Goa Laws (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of certain enactments and rules framed thereunder.— In the enactments specified in the Schedule hereto and the rules framed thereunder, in the short title, the expression ", Daman and Diu" shall be omitted.

SCHEDULE

(See section 2)

Sr. Year Act Short Title No. No.

1 2 3 4

1. 1964 6 The Goa, Daman and Diu

Administration of Evacuee Property Act, 1964 1 2 3 4

2. 1965 7 The Goa, Daman and Diu

General Clauses Act, 1965

3. 1965 9 The Goa, Daman and Diu

Khadi and Village Industries Board Act, 1965

4. 1965 13 The Goa, Daman and Diu Suits Valuation Act, 1965

5. 1965 14 The Goa, Daman and Diu

Judicial Officers' Protection Act, 1965

6. 1965 15 The Goa, Daman and Diu

State Aid to Industries Act, 1965

7. 1965 16 The Goa, Daman and Diu

Civil Courts Act, 1965

8. 1966 4 The Goa, Daman and Diu

(Extension of the Indian Majority) Act, 1965

9. 1966 9 The Goa, Daman and Diu

Mamlatdar's Court Act, 1966

10. 1968 1 The Goa, Daman and Diu

(Extension of the Provincial Insolvency Act) Act, 1967

11. 1968 9 The Goa, Daman and Diu

Weights and Measures (Enforcement) Act, 1968

12. 1970 3 The Goa, Daman and Diu

Dramatic Performance Act, 1969

13. 1971 11 The Goa, Daman and Diu

Protection of Rights of Tenants (Cashewnut and Areanut Gardens) Act, 1971

14. 1973 10 The Goa, Daman and Diu

Barge Tax Act, 1973

15. 1973 18 The Goa, Daman and Diu

Irrigation Act, 1973

16. 1973 4 The Goa, Daman and Diu

Prevention of Begging Act, 1972

17. 1973 5 The Goa, Daman and Diu

Livestock Improvement Act, 19721285 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 1 2 3 4

18. 1974 7 The Goa, Daman and Diu Motor Vehicles (Taxation on Passengers and Goods) Act, 1974

19. 1974 8 The Goa, Daman and Diu

Motor Vehicles Tax Act, 1974

20. 1974 9 The Goa, Daman and Diu Diseases of Animals Act, 1974

21. 1974 10 The Goa, Daman and Diu

Highways Act, 1974

22. 1974 13 The Goa, Daman and Diu

Shops and Establishments Act, 1974

23. 1975 13 The Goa, Daman and Diu

Secondary and Higher Secondary Education Board Act, 1975

24. 1975 16 The Goa, Daman and Diu

Excise Duty (Validation of Appointment and Proceedings) Act, 1975

25. 1976 1 The Goa, Daman and Diu

Mundkars (Protection from Eviction) Act, 1976

26. 1976 12 The Goa, Daman and Diu Plant Diseases and Pests Act, 1976

27. 1976 16 The Goa, Daman and Diu

Habitual Offenders Act, 1976

28. 1976 21 The Goa, Daman and Diu

Anatomy Act, 1976

29. 1978 13 The Goa, Daman and Diu

Prevention of Cow Slaughter Act, 1978

30. 1978 16 The Goa, Daman and Diu

(Extension of the Indian Easements Act) Act, 1978

31. 1979 1 The Goa, Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act, 1978

32. 1980 5 The Goa, Daman and Diu

Laying of Rules before Legislature Act, 1980 1 2 3 4

33. 1980 10 The Goa, Daman and Diu

(Extension of the Power of

Attorney Act) Act, 1980

34. 1981 3 The Goa, Daman and Diu

Marine Fishing Regulation

Act, 1980

35. 1981 8 The Goa, Daman and Diu

Debt Relief Act, 1980

36. 1981 14 The Goa, Daman and Diu

(Authority for Use of Eyes

for Therapeutic Purposes)

Act, 1981

37. 1981 15 The Goa, Daman and Diu

Communidade Employees

(Conditions of Service) Act,

1981

38. 1982 10 The Goa, Daman and Diu

Registration of Tourist

Trade Act, 1982

39. 1985 15 The Goa, Daman and Diu

School Education Act, 1984

40. 1985 17 The Goa, Daman and Diu

Toddy Tappers Welfare

Fund Act, 1984

41. 1985 25 The Goa, Daman and Diu

Public Health Act, 1985

42. 1986 7 The Goa, Daman and Diu

Electricity Duty Act, 1986

43. 1986 9 The Goa, Daman and Diu

Fire Force Act, 1986

44. 1987 5 The Goa, Daman and Diu

Official Language Act,

1987

45. 1987 10 The Goa, Daman and Diu

Public Moneys (Recovery

of Dues) Act, 1987

Secretariat CHOKHA RAM GARG Porvorim, Goa, Secretary to the Dated: 03-09-2021. Government of Goa

Law Department (Legal Affairs).

1286 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

Notification

7/25/2021-LA

The Indian Stamp (Goa Amendment) Act, 2021 (Goa Act 21 of 2021), which has been passed by the Legislative Assembly of Goa on 30-07-2021 and assented to by the Governor of Goa on 30-08-2021, is hereby published for the general information of the public.

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

Porvorim, 3rd September, 2021.

–––––––––

The Indian Stamp (Goa Amendment) Act, 2021

(Goa Act 21 of 2021) [30-08-2021]

AN

ACT

further to amend the Indian Stamp Act, 1899 (2 of 1899), as in force

in the State of Goa.

Be it enacted by the Legislative Assembly of Goa in the Seventy-

second Year of the Republic of India as follows:—

1. Short title and commencement.— (1) This Act may be called

the Indian Stamp (Goa Amendment) Act, 2021.

(2) It shall come into force on such date as the Government may,

by notification in the Official Gazette, appoint.

Amendment of Schedule I-A.— In Schedule I-A of the Indian

Stamp Act, 1899 (2 of 1899), as in force in the State of Goa,—

(i) for article 32, the following article shall be substituted,

"32. GIFT – Instrument of, not being a Settlement (No. 58) or Will or Transfer (No. 62),- (a) when executed in favour of father, mother, brother, sister, wife, husband, daughter, son, grandson or grand daughter (b) in any other case HIRING AGREEMENT or agreement for service. See Agreement (No. 5)"; Five thousand rupees. The same duty as is leviable on a conveyance under clause (a) or (b), as the case may be, of article 22, on the market value of the property which is subject matter of gift.
1287 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(ii) in article 39, for clause (a), the following clause shall be

substituted, namely:—

"(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given. One thousand rupees".

Secretary to the

Secretariat CHOKHA RAM GARG Porvorim, Goa, Dated: 03-09-2021. Government of Goa

Law Department (Legal Affairs).

__________

Notification

7/27/2021-LA

The Goa Investment Promotion and Facilitation of Single Window Clearance Act, 2021 (Goa Act 19 of 2021), which has been passed by the Legislative Assembly of Goa on 30-07-2021 and assented to by the Governor of Goa on 30-08-2021, is hereby published for the general information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 3rd September, 2021.

––––––––– The Goa Investment Promotion and Facilitation of Single Window Clearance Act, 2021

(Goa Act 19 of 2021) [30-08-2021]

AN

ACT

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.

Be it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Goa Investment Promotion and Facilitation of Single Window Clearance Act, 2021.

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

of Goa.

(3) It shall be deemed to have come into force with effect from the 26th day of June, 2021.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) "agriculture" means horticulture, animal husbandr y, 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;

(c) "Board" means the Goa Investment Promotion and Facilitation Board established under section 3;

1288 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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;

(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 in1289 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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 Act;

(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) system" 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 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 Act.

4. Constitution.— The Board shall consist

of,—

(i) Chief Minister of Goa — Chairperson,

ex-officio;

(ii) Minister for Industries — Vice-

Chairperson, ex-officio;

(iii) Minister for Finance — ex-officio

member;

(iv) Chairman, Goa Industrial Development 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) Secretar y (Town and Countr y 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;

1290 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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 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

(c) is an undischarged insolvent; 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 provisions of sub-section (2), observe such rules or procedure for transaction of its business as may be provided by regulations made under this Act. 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; or1291 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 (c) is absent, without the Board's 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 Act. 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 Act.

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;

(iii) subject to the provisions of this Act

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 depar tments/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 respect 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;

(c) appoint such officers to assist the 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 State1292 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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 Act as Investment Promotion Areas;

(l) provide feedback and suggest interventions to the Government on investment climate and policy and regulatory environment;

(m) identify infrastr ucture gaps hindering investment growth in the State and suggest short, medium and long- term rolling plans to the Government to bridge the gaps;

(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;

(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 Act 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.

(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;

(2) Notwithstanding anything contained in any other State law but subject to the provisions of this Act, the Board, with the previous sanction of the Government may, in (o) take all necessary measures to boost and promote agricultural industries, cottage industries, dairy farming and eco-tourism;

1293 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

exercise of its powers and performance of its functions under this Act, 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 af ter performing necessar y enquir y 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;

(c) delegate any of its powers generally 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 carr ying out any of its functions;

(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 Act;

(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 necessar y information and personal appearance of the concerned person, officer or Competent Authority.

1294 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

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 Act, 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) Secretar y (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

(c) is an undischarged insolvent; 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) obser ve such rules or procedure for transaction of its business as may be provided by regulations made under this Act. 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-

-Committee.— (1) If a member,—

1295 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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

(c) is absent, without the Sub- Committee'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 Act. 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 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 Act.

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;

(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;

(c) suo moto examination and review 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 Act, the Sub-Committee, with the1296 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 previous sanction of the Government may, in

exercise of its powers and performance of its

functions under this Act, 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 Act, 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 Act.

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 Act.

(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 Act and all such grants, subventions, loans, advances and capital contribution made shall 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 be1297 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 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 Act 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.

(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 such1298 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 as may be determined by regulations made under this Act.

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 acknowledge- ment 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 infor mation 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 person or officer or Competent Authority for the purpose of issuing and granting a clearance.

1299 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

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;

(c) declare that the provisions of any State 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 enter tain 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;

1300 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(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 Secretar y, 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 Act.

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 Act, 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%;

(c) protected forest land and wildlife 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 Authority1301 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 or an investor, examine any order passed by the 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 Act, 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 Act 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 Act.

(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;

1302 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021

(c) date for submission of an annual 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 Act 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 four teen 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 Act and rules made thereunder, for carrying out the purposes of this Act.

(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;

(c) authorizing officers of the Board 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 Act 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 Act 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 Act to be public servants.— All the members of the Board and Sub-Committee constituted under this Act 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 Act 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 any power conferred by or in relation to their functions under this Act.

57. Power to delegate.— The Government may, by notification in the Official Gazette,1303 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 delegate, such of its powers and functions under this Act, 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) Ever y 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.

59. Act to have overriding effect.— The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law.

60. Power to remove 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 such order shall be made after the expiry of the period of three 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.

61. 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

(c) affect any previous approval, decision

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.

62. Repeal and Savings.— (1) The Goa Investment Promotion and Facilitation of Single Window Clearance Ordinance, 2021 (Ordinance No. 3 of 2021) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

Secretariat CHOKHA RAM GARG Porvorim, Goa, Secretary to the Dated: 03-09-2021. Government of Goa

Law Department (Legal Affairs).

__________

Notification

7/28/2021-LA

The 'Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2021 (Goa Act 22 of 2021), which has been passed by the Legislative Assembly of Goa on 29-07-20211304 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 23 (EXTRAORDINARY No. 3) 3RD SEPTEMBER, 2021 and assented to by the Governor of Goa on 30-08-2021, is hereby published for the general information of the public.

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

Porvorim, 3rd September, 2021.

–––––––––

The Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2021

(Goa Act 22 of 2021) [30-08-2021]

AN

ACT

further to amend the Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007 (Goa Act 11 of 2007).

Be, it enacted by the Legislative Assembly of Goa in the Seventy-second Year of the Republic of India as follows:-

1. Short title and commencement.— (1) This Act may be called the 'Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of section 42.— In section 42 of the Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007 (Goa Act 11 of 2007), in sub-section (1), for the expression "Registrar of Co-operative Societies, not below the rank of Assistant Registrar of Co-operative Societies", the expression "Department of Agriculture/Directorate of Agriculture, not below the rank of

Agriculture Officer" shall be substituted.

Secretariat CHOKHA RAM GARG Porvorim, Goa, Secretary to the Dated: 03-09-2021. Government of Goa

Law Department (Legal Affairs).

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 55.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—180/450—9/2021.

1305
Cite this issue. Goa Gazette, Government of Goa, 03 September 2021. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.2122-23.SI/2122-23-SI-EOG-3/. Archive identifier in.goa.egaz.2122-23.SI/2122-23-SI-EOG-3.